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| 1 | AN ACT to revise the law by combining multiple enactments | |||||||||||||||||||
| 2 | and making technical corrections.
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| 3 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 4 | represented in the General Assembly:
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| 5 | Section 1. Nature of this Act. | |||||||||||||||||||
| 6 | (a) This Act may be cited as the First 2025 General | |||||||||||||||||||
| 7 | Revisory Act. | |||||||||||||||||||
| 8 | (b) This Act is not intended to make any substantive | |||||||||||||||||||
| 9 | change in the law. It reconciles conflicts that have arisen | |||||||||||||||||||
| 10 | from 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 In certain cases in which a repealed Act or Section | |||||||||||||||||||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| 16 | incorporate amendments to the repealed Act or Section into the | |||||||||||||||||||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 103-584 through 103-1059 were considered | ||||||
| 5 | in the preparation of the combining revisories included in | ||||||
| 6 | this Act. Many of those combining revisories contain no | ||||||
| 7 | striking or underscoring because no additional changes are | ||||||
| 8 | being made in the material that is being combined.
| ||||||
| 9 | Section 5. The Statute on Statutes is amended by changing | ||||||
| 10 | Section 1.33 as follows:
| ||||||
| 11 | (5 ILCS 70/1.33) (from Ch. 1, par. 1034) | ||||||
| 12 | Sec. 1.33. Whenever there is a reference in any Act to the | ||||||
| 13 | School Construction Bond Act, or the Illinois Coal and Energy | ||||||
| 14 | Development Bond Act, such reference shall be interpreted to | ||||||
| 15 | include the General Obligation Bond Act. | ||||||
| 16 | (Source: P.A. 103-616, eff. 7-1-24; revised 10-23-24.)
| ||||||
| 17 | Section 10. The Regulatory Sunset Act is amended by | ||||||
| 18 | changing Sections 4.39 and 4.40 as follows:
| ||||||
| 19 | (5 ILCS 80/4.39) | ||||||
| 20 | Sec. 4.39. Acts and Section repealed on January 1, 2029 | ||||||
| 21 | and December 31, 2029. | ||||||
| 22 | (a) The following Acts and Section are repealed on January | ||||||
| |||||||
| |||||||
| 1 | 1, 2029: | ||||||
| 2 | The Electrologist Licensing Act. | ||||||
| 3 | The Environmental Health Practitioner Licensing Act. | ||||||
| 4 | The Illinois Occupational Occupation Therapy Practice | ||||||
| 5 | Act. | ||||||
| 6 | The Crematory Regulation Act. | ||||||
| 7 | The Illinois Public Accounting Act. | ||||||
| 8 | The Private Detective, Private Alarm, Private | ||||||
| 9 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
| 10 | Section 2.5 of the Illinois Plumbing License Law. | ||||||
| 11 | The Veterinary Medicine and Surgery Practice Act of | ||||||
| 12 | 2004. | ||||||
| 13 | The Registered Surgical Assistant and Registered | ||||||
| 14 | Surgical Technologist Title Protection Act. | ||||||
| 15 | (b) The following Act is repealed on December 31, 2029: | ||||||
| 16 | The Structural Pest Control Act. | ||||||
| 17 | (Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23; | ||||||
| 18 | 103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff. | ||||||
| 19 | 8-4-23; 103-605, eff. 7-1-24; revised 10-24-24.)
| ||||||
| 20 | (5 ILCS 80/4.40) | ||||||
| 21 | Sec. 4.40. Acts repealed on January 1, 2030. The following | ||||||
| 22 | Acts are repealed on January 1, 2030: | ||||||
| 23 | The Auction License Act. | ||||||
| 24 | The Genetic Counselor Licensing Act. | ||||||
| 25 | The Illinois Architecture Practice Act of 1989. | ||||||
| |||||||
| |||||||
| 1 | The Illinois Certified Shorthand Reporters Act of 1984. | ||||||
| 2 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
| 3 | The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||||||
| 4 | The Perfusionist Practice Act. | ||||||
| 5 | The Professional Engineering Practice Act of 1989. | ||||||
| 6 | The Real Estate License Act of 2000. | ||||||
| 7 | The Structural Engineering Practice Act of 1989. | ||||||
| 8 | (Source: P.A. 102-558, eff. 8-20-21; 103-763, eff. 1-1-25; | ||||||
| 9 | 103-816, eff. 8-9-24; revised 11-26-24.)
| ||||||
| 10 | (5 ILCS 80/4.35 rep.) | ||||||
| 11 | Section 12. The Regulatory Sunset Act is amended by | ||||||
| 12 | repealing Section 4.35.
| ||||||
| 13 | Section 15. The Illinois Administrative Procedure Act is | ||||||
| 14 | amended by changing Section 5-45.52 and by setting forth, | ||||||
| 15 | renumbering, and changing multiple versions of Section 5-45.55 | ||||||
| 16 | as follows:
| ||||||
| 17 | (5 ILCS 100/5-45.52) | ||||||
| 18 | (Section scheduled to be repealed on August 4, 2025) | ||||||
| 19 | Sec. 5-45.52. Emergency rulemaking; Public Act 103-568. To | ||||||
| 20 | provide for the expeditious and timely implementation of | ||||||
| 21 | Public Act 103-568, emergency rules implementing Public Act | ||||||
| 22 | 103-568 may be adopted in accordance with Section 5-45 by the | ||||||
| 23 | Department of Financial and Professional Regulation. The | ||||||
| |||||||
| |||||||
| 1 | adoption of emergency rules authorized by Section 5-45 and | ||||||
| 2 | this Section is deemed to be necessary for the public | ||||||
| 3 | interest, safety, and welfare. | ||||||
| 4 | This Section is repealed on August 4, 2025 on December 8, | ||||||
| 5 | 2024 (Public Act 103-568). | ||||||
| 6 | (Source: P.A. 103-568, eff. 12-8-23; 103-601, eff. 7-1-24; | ||||||
| 7 | 103-605, eff. 7-1-24; revised 7-23-24.)
| ||||||
| 8 | (5 ILCS 100/5-45.55) | ||||||
| 9 | (Section scheduled to be repealed on January 1, 2026) | ||||||
| 10 | Sec. 5-45.55. Emergency rulemaking; the Department of | ||||||
| 11 | Natural Resources. To provide for the expeditious and timely | ||||||
| 12 | implementation of Section 13 of the Rivers, Lakes, and Streams | ||||||
| 13 | Act, emergency rules implementing Section 13 of the Rivers, | ||||||
| 14 | Lakes, and Streams Act may be adopted in accordance with | ||||||
| 15 | Section 5-45 by the Department of Natural Resources. The | ||||||
| 16 | adoption of emergency rules authorized by Section 5-45 and | ||||||
| 17 | this Section is deemed to be necessary for the public | ||||||
| 18 | interest, safety, and welfare. | ||||||
| 19 | This Section is repealed January 1, 2026 (one year after | ||||||
| 20 | the effective date of Public Act 103-905) this amendatory Act | ||||||
| 21 | of the 103rd General Assembly. | ||||||
| 22 | (Source: P.A. 103-905, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 23 | (5 ILCS 100/5-45.58) | ||||||
| 24 | (Section scheduled to be repealed on June 5, 2025) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-45.58 5-45.55. Emergency rulemaking; Substance Use | ||||||
| 2 | Disorder Act. To provide for the expeditious and timely | ||||||
| 3 | implementation of the changes made to Section 55-30 of the | ||||||
| 4 | Substance Use Disorder Act by Public Act 103-588 this | ||||||
| 5 | amendatory Act of the 103rd General Assembly, emergency rules | ||||||
| 6 | implementing the changes made to that Section by Public Act | ||||||
| 7 | 103-588 this amendatory Act of the 103rd General Assembly may | ||||||
| 8 | be adopted in accordance with Section 5-45 by the Department | ||||||
| 9 | of Human Services or other department essential to the | ||||||
| 10 | implementation of the changes. The adoption of emergency rules | ||||||
| 11 | authorized by Section 5-45 and this Section is deemed to be | ||||||
| 12 | necessary for the public interest, safety, and welfare. | ||||||
| 13 | This Section is repealed June 5, 2025 (one year after the | ||||||
| 14 | effective date of this Section). | ||||||
| 15 | (Source: P.A. 103-588, eff. 6-5-24; revised 10-3-24.)
| ||||||
| 16 | (5 ILCS 100/5-45.59) | ||||||
| 17 | (Section scheduled to be repealed on June 7, 2025) | ||||||
| 18 | Sec. 5-45.59 5-45.55. Emergency rulemaking; Medicaid | ||||||
| 19 | hospital rate updates. To provide for the expeditious and | ||||||
| 20 | timely implementation of the changes made to Section 14-12.5 | ||||||
| 21 | of the Illinois Public Aid Code by Public Act 103-593 this | ||||||
| 22 | amendatory Act of the 103rd General Assembly, emergency rules | ||||||
| 23 | implementing the changes made by Public Act 103-593 this | ||||||
| 24 | amendatory Act of the 103rd General Assembly to Section | ||||||
| 25 | 14-12.5 of the Illinois Public Aid Code may be adopted in | ||||||
| |||||||
| |||||||
| 1 | accordance with Section 5-45 by the Department of Healthcare | ||||||
| 2 | and Family Services. The adoption of emergency rules | ||||||
| 3 | authorized by Section 5-45 and this Section is deemed to be | ||||||
| 4 | necessary for the public interest, safety, and welfare. | ||||||
| 5 | This Section is repealed June 7, 2025 (one year after the | ||||||
| 6 | effective date of Public Act 103-593) this amendatory Act of | ||||||
| 7 | the 103rd General Assembly. | ||||||
| 8 | (Source: P.A. 103-593, eff. 6-7-24; revised 10-7-24.)
| ||||||
| 9 | (5 ILCS 100/5-45.60) | ||||||
| 10 | Sec. 5-45.60 5-45.55. Emergency rulemaking; Network | ||||||
| 11 | Adequacy and Transparency Act. To provide for the expeditious | ||||||
| 12 | and timely implementation of the Network Adequacy and | ||||||
| 13 | Transparency Act, emergency rules implementing federal | ||||||
| 14 | standards for provider ratios, travel time and distance, and | ||||||
| 15 | appointment wait times if such standards apply to health | ||||||
| 16 | insurance coverage regulated by the Department of Insurance | ||||||
| 17 | and are more stringent than the State standards extant at the | ||||||
| 18 | time the final federal standards are published may be adopted | ||||||
| 19 | in accordance with Section 5-45 by the Department of | ||||||
| 20 | Insurance. The adoption of emergency rules authorized by | ||||||
| 21 | Section 5-45 and this Section is deemed to be necessary for the | ||||||
| 22 | public interest, safety, and welfare. | ||||||
| 23 | (Source: P.A. 103-650, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 24 | Section 20. The Freedom of Information Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 7.5 as follows:
| ||||||
| 2 | (5 ILCS 140/7.5) | ||||||
| 3 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 4 | by the statutes referenced below, the following shall be | ||||||
| 5 | exempt from inspection and copying: | ||||||
| 6 | (a) All information determined to be confidential | ||||||
| 7 | under Section 4002 of the Technology Advancement and | ||||||
| 8 | Development Act. | ||||||
| 9 | (b) Library circulation and order records identifying | ||||||
| 10 | library users with specific materials under the Library | ||||||
| 11 | Records Confidentiality Act. | ||||||
| 12 | (c) Applications, related documents, and medical | ||||||
| 13 | records received by the Experimental Organ Transplantation | ||||||
| 14 | Procedures Board and any and all documents or other | ||||||
| 15 | records prepared by the Experimental Organ Transplantation | ||||||
| 16 | Procedures Board or its staff relating to applications it | ||||||
| 17 | has received. | ||||||
| 18 | (d) Information and records held by the Department of | ||||||
| 19 | Public Health and its authorized representatives relating | ||||||
| 20 | to known or suspected cases of sexually transmitted | ||||||
| 21 | infection or any information the disclosure of which is | ||||||
| 22 | restricted under the Illinois Sexually Transmitted | ||||||
| 23 | Infection Control Act. | ||||||
| 24 | (e) Information the disclosure of which is exempted | ||||||
| 25 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| |||||||
| |||||||
| 1 | (f) Firm performance evaluations under Section 55 of | ||||||
| 2 | the Architectural, Engineering, and Land Surveying | ||||||
| 3 | Qualifications Based Selection Act. | ||||||
| 4 | (g) Information the disclosure of which is restricted | ||||||
| 5 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 6 | Tuition Act. | ||||||
| 7 | (h) Information the disclosure of which is exempted | ||||||
| 8 | under the State Officials and Employees Ethics Act, and | ||||||
| 9 | records of any lawfully created State or local inspector | ||||||
| 10 | general's office that would be exempt if created or | ||||||
| 11 | obtained by an Executive Inspector General's office under | ||||||
| 12 | that Act. | ||||||
| 13 | (i) Information contained in a local emergency energy | ||||||
| 14 | plan submitted to a municipality in accordance with a | ||||||
| 15 | local emergency energy plan ordinance that is adopted | ||||||
| 16 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 17 | (j) Information and data concerning the distribution | ||||||
| 18 | of surcharge moneys collected and remitted by carriers | ||||||
| 19 | under the Emergency Telephone System Act. | ||||||
| 20 | (k) Law enforcement officer identification information | ||||||
| 21 | or driver identification information compiled by a law | ||||||
| 22 | enforcement agency or the Department of Transportation | ||||||
| 23 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 24 | (l) Records and information provided to a residential | ||||||
| 25 | health care facility resident sexual assault and death | ||||||
| 26 | review team or the Executive Council under the Abuse | ||||||
| |||||||
| |||||||
| 1 | Prevention Review Team Act. | ||||||
| 2 | (m) Information provided to the predatory lending | ||||||
| 3 | database created pursuant to Article 3 of the Residential | ||||||
| 4 | Real Property Disclosure Act, except to the extent | ||||||
| 5 | authorized under that Article. | ||||||
| 6 | (n) Defense budgets and petitions for certification of | ||||||
| 7 | compensation and expenses for court appointed trial | ||||||
| 8 | counsel as provided under Sections 10 and 15 of the | ||||||
| 9 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 10 | (n) shall apply until the conclusion of the trial of the | ||||||
| 11 | case, even if the prosecution chooses not to pursue the | ||||||
| 12 | death penalty prior to trial or sentencing. | ||||||
| 13 | (o) Information that is prohibited from being | ||||||
| 14 | disclosed under Section 4 of the Illinois Health and | ||||||
| 15 | Hazardous Substances Registry Act. | ||||||
| 16 | (p) Security portions of system safety program plans, | ||||||
| 17 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 18 | information compiled, collected, or prepared by or for the | ||||||
| 19 | Department of Transportation under Sections 2705-300 and | ||||||
| 20 | 2705-616 of the Department of Transportation Law of the | ||||||
| 21 | Civil Administrative Code of Illinois, the Regional | ||||||
| 22 | Transportation Authority under Section 2.11 of the | ||||||
| 23 | Regional Transportation Authority Act, or the St. Clair | ||||||
| 24 | County Transit District under the Bi-State Transit Safety | ||||||
| 25 | Act (repealed). | ||||||
| 26 | (q) Information prohibited from being disclosed by the | ||||||
| |||||||
| |||||||
| 1 | Personnel Record Review Act. | ||||||
| 2 | (r) Information prohibited from being disclosed by the | ||||||
| 3 | Illinois School Student Records Act. | ||||||
| 4 | (s) Information the disclosure of which is restricted | ||||||
| 5 | under Section 5-108 of the Public Utilities Act. | ||||||
| 6 | (t) (Blank). | ||||||
| 7 | (u) Records and information provided to an independent | ||||||
| 8 | team of experts under the Developmental Disability and | ||||||
| 9 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 10 | (v) Names and information of people who have applied | ||||||
| 11 | for or received Firearm Owner's Identification Cards under | ||||||
| 12 | the Firearm Owners Identification Card Act or applied for | ||||||
| 13 | or received a concealed carry license under the Firearm | ||||||
| 14 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 15 | Firearm Concealed Carry Act; and databases under the | ||||||
| 16 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 17 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 18 | Carry Act, and law enforcement agency objections under the | ||||||
| 19 | Firearm Concealed Carry Act. | ||||||
| 20 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 21 | Card Review Board that are exempted from disclosure under | ||||||
| 22 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 23 | (w) Personally identifiable information which is | ||||||
| 24 | exempted from disclosure under subsection (g) of Section | ||||||
| 25 | 19.1 of the Toll Highway Act. | ||||||
| 26 | (x) Information which is exempted from disclosure | ||||||
| |||||||
| |||||||
| 1 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 2 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 3 | (y) Confidential information under the Adult | ||||||
| 4 | Protective Services Act and its predecessor enabling | ||||||
| 5 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 6 | information about the identity and administrative finding | ||||||
| 7 | against any caregiver of a verified and substantiated | ||||||
| 8 | decision of abuse, neglect, or financial exploitation of | ||||||
| 9 | an eligible adult maintained in the Registry established | ||||||
| 10 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 11 | (z) Records and information provided to a fatality | ||||||
| 12 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 13 | Council under Section 15 of the Adult Protective Services | ||||||
| 14 | Act. | ||||||
| 15 | (aa) Information which is exempted from disclosure | ||||||
| 16 | under Section 2.37 of the Wildlife Code. | ||||||
| 17 | (bb) Information which is or was prohibited from | ||||||
| 18 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 19 | (cc) Recordings made under the Law Enforcement | ||||||
| 20 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 21 | authorized under that Act. | ||||||
| 22 | (dd) Information that is prohibited from being | ||||||
| 23 | disclosed under Section 45 of the Condominium and Common | ||||||
| 24 | Interest Community Ombudsperson Act. | ||||||
| 25 | (ee) Information that is exempted from disclosure | ||||||
| 26 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| |||||||
| |||||||
| 1 | (ff) Information that is exempted from disclosure | ||||||
| 2 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 3 | (gg) Information that is prohibited from being | ||||||
| 4 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 5 | Code. | ||||||
| 6 | (hh) Records that are exempt from disclosure under | ||||||
| 7 | Section 1A-16.7 of the Election Code. | ||||||
| 8 | (ii) Information which is exempted from disclosure | ||||||
| 9 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 10 | the Civil Administrative Code of Illinois. | ||||||
| 11 | (jj) Information and reports that are required to be | ||||||
| 12 | submitted to the Department of Labor by registering day | ||||||
| 13 | and temporary labor service agencies but are exempt from | ||||||
| 14 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 15 | and Temporary Labor Services Act. | ||||||
| 16 | (kk) Information prohibited from disclosure under the | ||||||
| 17 | Seizure and Forfeiture Reporting Act. | ||||||
| 18 | (ll) Information the disclosure of which is restricted | ||||||
| 19 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 20 | Aid Code. | ||||||
| 21 | (mm) Records that are exempt from disclosure under | ||||||
| 22 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 23 | (nn) Information that is exempt from disclosure under | ||||||
| 24 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 25 | (oo) Communications, notes, records, and reports | ||||||
| 26 | arising out of a peer support counseling session | ||||||
| |||||||
| |||||||
| 1 | prohibited from disclosure under the First Responders | ||||||
| 2 | Suicide Prevention Act. | ||||||
| 3 | (pp) Names and all identifying information relating to | ||||||
| 4 | an employee of an emergency services provider or law | ||||||
| 5 | enforcement agency under the First Responders Suicide | ||||||
| 6 | Prevention Act. | ||||||
| 7 | (qq) Information and records held by the Department of | ||||||
| 8 | Public Health and its authorized representatives collected | ||||||
| 9 | under the Reproductive Health Act. | ||||||
| 10 | (rr) Information that is exempt from disclosure under | ||||||
| 11 | the Cannabis Regulation and Tax Act. | ||||||
| 12 | (ss) Data reported by an employer to the Department of | ||||||
| 13 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 14 | Human Rights Act. | ||||||
| 15 | (tt) Recordings made under the Children's Advocacy | ||||||
| 16 | Center Act, except to the extent authorized under that | ||||||
| 17 | Act. | ||||||
| 18 | (uu) Information that is exempt from disclosure under | ||||||
| 19 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 20 | (vv) Information that is exempt from disclosure under | ||||||
| 21 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 22 | Public Aid Code. | ||||||
| 23 | (ww) Information that is exempt from disclosure under | ||||||
| 24 | Section 16.8 of the State Treasurer Act. | ||||||
| 25 | (xx) Information that is exempt from disclosure or | ||||||
| 26 | information that shall not be made public under the | ||||||
| |||||||
| |||||||
| 1 | Illinois Insurance Code. | ||||||
| 2 | (yy) Information prohibited from being disclosed under | ||||||
| 3 | the Illinois Educational Labor Relations Act. | ||||||
| 4 | (zz) Information prohibited from being disclosed under | ||||||
| 5 | the Illinois Public Labor Relations Act. | ||||||
| 6 | (aaa) Information prohibited from being disclosed | ||||||
| 7 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 8 | (bbb) Information that is prohibited from disclosure | ||||||
| 9 | by the Illinois Police Training Act and the Illinois State | ||||||
| 10 | Police Act. | ||||||
| 11 | (ccc) Records exempt from disclosure under Section | ||||||
| 12 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 13 | Administrative Code of Illinois. | ||||||
| 14 | (ddd) Information prohibited from being disclosed | ||||||
| 15 | under Section 35 of the Address Confidentiality for | ||||||
| 16 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 17 | Trafficking, or Stalking Act. | ||||||
| 18 | (eee) Information prohibited from being disclosed | ||||||
| 19 | under subsection (b) of Section 75 of the Domestic | ||||||
| 20 | Violence Fatality Review Act. | ||||||
| 21 | (fff) Images from cameras under the Expressway Camera | ||||||
| 22 | Act. This subsection (fff) is inoperative on and after | ||||||
| 23 | July 1, 2025. | ||||||
| 24 | (ggg) Information prohibited from disclosure under | ||||||
| 25 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 26 | Agency Licensing Act. | ||||||
| |||||||
| |||||||
| 1 | (hhh) Information submitted to the Illinois State | ||||||
| 2 | Police in an affidavit or application for an assault | ||||||
| 3 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 4 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 5 | endorsement under the Firearm Owners Identification Card | ||||||
| 6 | Act. | ||||||
| 7 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 8 | the School Safety Drill Act. | ||||||
| 9 | (jjj) Information exempt from disclosure under Section | ||||||
| 10 | 30 of the Insurance Data Security Law. | ||||||
| 11 | (kkk) Confidential business information prohibited | ||||||
| 12 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 13 | Act. | ||||||
| 14 | (lll) Data exempt from disclosure under Section | ||||||
| 15 | 2-3.196 of the School Code. | ||||||
| 16 | (mmm) Information prohibited from being disclosed | ||||||
| 17 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 18 | Power Agency Act. | ||||||
| 19 | (nnn) Materials received by the Department of Commerce | ||||||
| 20 | and Economic Opportunity that are confidential under the | ||||||
| 21 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 22 | (ooo) (nnn) Data or information provided pursuant to | ||||||
| 23 | Section 20 of the Statewide Recycling Needs and Assessment | ||||||
| 24 | Act. | ||||||
| 25 | (ppp) (nnn) Information that is exempt from disclosure | ||||||
| 26 | under Section 28-11 of the Lawful Health Care Activity | ||||||
| |||||||
| |||||||
| 1 | Act. | ||||||
| 2 | (qqq) (nnn) Information that is exempt from disclosure | ||||||
| 3 | under Section 7-101 of the Illinois Human Rights Act. | ||||||
| 4 | (rrr) (mmm) Information prohibited from being | ||||||
| 5 | disclosed under Section 4-2 of the Uniform Money | ||||||
| 6 | Transmission Modernization Act. | ||||||
| 7 | (sss) (nnn) Information exempt from disclosure under | ||||||
| 8 | Section 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 9 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
| 10 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
| 11 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
| 12 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
| 13 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
| 14 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
| 15 | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. | ||||||
| 16 | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, | ||||||
| 17 | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; | ||||||
| 18 | 103-1049, eff. 8-9-24; revised 11-26-24.)
| ||||||
| 19 | Section 25. The Illinois Public Labor Relations Act is | ||||||
| 20 | amended by changing Sections 5 and 15 as follows:
| ||||||
| 21 | (5 ILCS 315/5) (from Ch. 48, par. 1605) | ||||||
| 22 | Sec. 5. Illinois Labor Relations Board; State Panel; Local | ||||||
| 23 | Panel. | ||||||
| 24 | (a) There is created the Illinois Labor Relations Board. | ||||||
| |||||||
| |||||||
| 1 | The Board shall be comprised of 2 panels, to be known as the | ||||||
| 2 | State Panel and the Local Panel. | ||||||
| 3 | (a-5) The State Panel shall have jurisdiction over | ||||||
| 4 | collective bargaining matters between employee organizations | ||||||
| 5 | and the State of Illinois, excluding the General Assembly of | ||||||
| 6 | the State of Illinois, between employee organizations and | ||||||
| 7 | units of local government and school districts with a | ||||||
| 8 | population not in excess of 2 million persons, and between | ||||||
| 9 | employee organizations and the Regional Transportation | ||||||
| 10 | Authority. | ||||||
| 11 | The State Panel shall consist of 5 members appointed by | ||||||
| 12 | the Governor, with the advice and consent of the Senate. The | ||||||
| 13 | Governor shall appoint to the State Panel only persons who | ||||||
| 14 | have had a minimum of 5 years of experience directly related to | ||||||
| 15 | labor and employment relations in representing public | ||||||
| 16 | employers, private employers, or labor organizations; or | ||||||
| 17 | teaching labor or employment relations; or administering | ||||||
| 18 | executive orders or regulations applicable to labor or | ||||||
| 19 | employment relations. At the time of his or her appointment, | ||||||
| 20 | each member of the State Panel shall be an Illinois resident. | ||||||
| 21 | The Governor shall designate one member to serve as the | ||||||
| 22 | Chairman of the State Panel and the Board. | ||||||
| 23 | Notwithstanding any other provision of this Section, the | ||||||
| 24 | term of each member of the State Panel who was appointed by the | ||||||
| 25 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
| 26 | the close of business on that date or when all of the successor | ||||||
| |||||||
| |||||||
| 1 | members to be appointed pursuant to Public Act 93-509 this | ||||||
| 2 | amendatory Act of the 93rd General Assembly have been | ||||||
| 3 | appointed by the Governor, whichever occurs later. As soon as | ||||||
| 4 | possible, the Governor shall appoint persons to fill the | ||||||
| 5 | vacancies created by this amendatory Act. | ||||||
| 6 | The initial appointments under Public Act 93-509 this | ||||||
| 7 | amendatory Act of the 93rd General Assembly shall be for terms | ||||||
| 8 | as follows: The Chairman shall initially be appointed for a | ||||||
| 9 | term ending on the 4th Monday in January, 2007; 2 members shall | ||||||
| 10 | be initially appointed for terms ending on the 4th Monday in | ||||||
| 11 | January, 2006; one member shall be initially appointed for a | ||||||
| 12 | term ending on the 4th Monday in January, 2005; and one member | ||||||
| 13 | shall be initially appointed for a term ending on the 4th | ||||||
| 14 | Monday in January, 2004. Each subsequent member shall be | ||||||
| 15 | appointed for a term of 4 years, commencing on the 4th Monday | ||||||
| 16 | in January. Upon expiration of the term of office of any | ||||||
| 17 | appointive member, that member shall continue to serve until a | ||||||
| 18 | successor shall be appointed and qualified. In case of a | ||||||
| 19 | vacancy, a successor shall be appointed to serve for the | ||||||
| 20 | unexpired portion of the term. If the Senate is not in session | ||||||
| 21 | at the time the initial appointments are made, the Governor | ||||||
| 22 | shall make temporary appointments in the same manner | ||||||
| 23 | successors are appointed to fill vacancies. A temporary | ||||||
| 24 | appointment shall remain in effect no longer than 20 calendar | ||||||
| 25 | days after the commencement of the next Senate session. | ||||||
| 26 | (b) The Local Panel shall have jurisdiction over | ||||||
| |||||||
| |||||||
| 1 | collective bargaining agreement matters between employee | ||||||
| 2 | organizations and units of local government with a population | ||||||
| 3 | in excess of 2 million persons, but excluding the Regional | ||||||
| 4 | Transportation Authority. | ||||||
| 5 | The Local Panel shall consist of one person appointed by | ||||||
| 6 | the Governor with the advice and consent of the Senate (or, if | ||||||
| 7 | no such person is appointed, the Chairman of the State Panel) | ||||||
| 8 | and two additional members, one appointed by the Mayor of the | ||||||
| 9 | City of Chicago and one appointed by the President of the Cook | ||||||
| 10 | County Board of Commissioners. Appointees to the Local Panel | ||||||
| 11 | must have had a minimum of 5 years of experience directly | ||||||
| 12 | related to labor and employment relations in representing | ||||||
| 13 | public employers, private employers, or labor organizations; | ||||||
| 14 | or teaching labor or employment relations; or administering | ||||||
| 15 | executive orders or regulations applicable to labor or | ||||||
| 16 | employment relations. Each member of the Local Panel shall be | ||||||
| 17 | an Illinois resident at the time of his or her appointment. The | ||||||
| 18 | member appointed by the Governor (or, if no such person is | ||||||
| 19 | appointed, the Chairman of the State Panel) shall serve as the | ||||||
| 20 | Chairman of the Local Panel. | ||||||
| 21 | Notwithstanding any other provision of this Section, the | ||||||
| 22 | term of the member of the Local Panel who was appointed by the | ||||||
| 23 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
| 24 | the close of business on that date or when his or her successor | ||||||
| 25 | has been appointed by the Governor, whichever occurs later. As | ||||||
| 26 | soon as possible, the Governor shall appoint a person to fill | ||||||
| |||||||
| |||||||
| 1 | the vacancy created by this amendatory Act. The initial | ||||||
| 2 | appointment under Public Act 93-509 this amendatory Act of the | ||||||
| 3 | 93rd General Assembly shall be for a term ending on the 4th | ||||||
| 4 | Monday in January, 2007. | ||||||
| 5 | The initial appointments under Public Act 91-798 this | ||||||
| 6 | amendatory Act of the 91st General Assembly shall be for terms | ||||||
| 7 | as follows: The member appointed by the Governor shall | ||||||
| 8 | initially be appointed for a term ending on the 4th Monday in | ||||||
| 9 | January, 2001; the member appointed by the President of the | ||||||
| 10 | Cook County Board shall be initially appointed for a term | ||||||
| 11 | ending on the 4th Monday in January, 2003; and the member | ||||||
| 12 | appointed by the Mayor of the City of Chicago shall be | ||||||
| 13 | initially appointed for a term ending on the 4th Monday in | ||||||
| 14 | January, 2004. Each subsequent member shall be appointed for a | ||||||
| 15 | term of 4 years, commencing on the 4th Monday in January. Upon | ||||||
| 16 | expiration of the term of office of any appointive member, the | ||||||
| 17 | member shall continue to serve until a successor shall be | ||||||
| 18 | appointed and qualified. In the case of a vacancy, a successor | ||||||
| 19 | shall be appointed by the applicable appointive authority to | ||||||
| 20 | serve for the unexpired portion of the term. | ||||||
| 21 | (c) Three members of the State Panel shall at all times | ||||||
| 22 | constitute a quorum. Two members of the Local Panel shall at | ||||||
| 23 | all times constitute a quorum. A vacancy on a panel does not | ||||||
| 24 | impair the right of the remaining members to exercise all of | ||||||
| 25 | the powers of that panel. Each panel shall adopt an official | ||||||
| 26 | seal which shall be judicially noticed. The salary of the | ||||||
| |||||||
| |||||||
| 1 | Chairman of the State Panel shall be $82,429 per year, or as | ||||||
| 2 | set by the Compensation Review Board, whichever is greater, | ||||||
| 3 | and that of the other members of the State and Local Panels | ||||||
| 4 | shall be $74,188 per year, or as set by the Compensation Review | ||||||
| 5 | Board, whichever is greater. | ||||||
| 6 | (d) Each member shall devote his or her entire time to the | ||||||
| 7 | duties of the office, and shall hold no other office or | ||||||
| 8 | position of profit, nor engage in any other business, | ||||||
| 9 | employment, or vocation. No member shall hold any other public | ||||||
| 10 | office or be employed as a labor or management representative | ||||||
| 11 | by the State or any political subdivision of the State or of | ||||||
| 12 | any department or agency thereof, or actively represent or act | ||||||
| 13 | on behalf of an employer or an employee organization or an | ||||||
| 14 | employer in labor relations matters. Any member of the State | ||||||
| 15 | Panel may be removed from office by the Governor for | ||||||
| 16 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
| 17 | office, and for no other cause, and only upon notice and | ||||||
| 18 | hearing. Any member of the Local Panel may be removed from | ||||||
| 19 | office by the applicable appointive authority for | ||||||
| 20 | inefficiency, neglect of duty, misconduct or malfeasance in | ||||||
| 21 | office, and for no other cause, and only upon notice and | ||||||
| 22 | hearing. | ||||||
| 23 | (e) Each panel at the end of every State fiscal year shall | ||||||
| 24 | make a report in writing to the Governor and the General | ||||||
| 25 | Assembly, stating in detail the work it has done to carry out | ||||||
| 26 | the policy of the Act in hearing and deciding cases and | ||||||
| |||||||
| |||||||
| 1 | otherwise. Each panel's report shall include: | ||||||
| 2 | (1) the number of unfair labor practice charges filed | ||||||
| 3 | during the fiscal year; | ||||||
| 4 | (2) the number of unfair labor practice charges | ||||||
| 5 | resolved during the fiscal year; | ||||||
| 6 | (3) the total number of unfair labor charges pending | ||||||
| 7 | before the Board at the end of the fiscal year; | ||||||
| 8 | (4) the number of unfair labor charge cases at the end | ||||||
| 9 | of the fiscal year that have been pending before the Board | ||||||
| 10 | between 1 and 100 days, 101 and 150 days, 151 and 200 days, | ||||||
| 11 | 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 | ||||||
| 12 | and 400 days, 401 and 450 days, 451 and 500 days, 501 and | ||||||
| 13 | 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 | ||||||
| 14 | days, and over 701 days; | ||||||
| 15 | (5) the number of representation cases and unit | ||||||
| 16 | clarification cases filed during the fiscal year; | ||||||
| 17 | (6) the number of representation cases and unit | ||||||
| 18 | clarification cases resolved during the fiscal year; | ||||||
| 19 | (7) the total number of representation cases and unit | ||||||
| 20 | clarification cases pending before the Board at the end of | ||||||
| 21 | the fiscal year; | ||||||
| 22 | (8) the number of representation cases and unit | ||||||
| 23 | clarification cases at the end of the fiscal year that | ||||||
| 24 | have been pending before the Board between 1 and 120 days, | ||||||
| 25 | 121 and 180 days, and over 180 days; and | ||||||
| 26 | (9) the Board's progress in meeting the timeliness | ||||||
| |||||||
| |||||||
| 1 | goals established pursuant to the criteria in subsection | ||||||
| 2 | (j) of Section 11 of this Act; the report shall include, | ||||||
| 3 | but is not limited to: | ||||||
| 4 | (A) the average number of days taken to complete | ||||||
| 5 | investigations and issue complaints, dismissals, or | ||||||
| 6 | deferrals; | ||||||
| 7 | (B) the average number of days taken for the Board | ||||||
| 8 | to issue decisions on appeals of dismissals or | ||||||
| 9 | deferrals; | ||||||
| 10 | (C) the average number of days taken to schedule a | ||||||
| 11 | hearing on complaints once issued; | ||||||
| 12 | (D) the average number of days taken to issue a | ||||||
| 13 | recommended decision and order once the record is | ||||||
| 14 | closed; | ||||||
| 15 | (E) the average number of days taken for the Board | ||||||
| 16 | to issue final decisions on recommended decisions when | ||||||
| 17 | where exceptions have been filed; | ||||||
| 18 | (F) the average number of days taken for the Board | ||||||
| 19 | to issue final decisions decision on recommended | ||||||
| 20 | decisions when no exceptions have been filed; and | ||||||
| 21 | (G) in cases where the Board was unable to meet the | ||||||
| 22 | timeliness goals established in subsection (j) of | ||||||
| 23 | Section 11, an explanation as to why the goal was not | ||||||
| 24 | met. | ||||||
| 25 | (f) In order to accomplish the objectives and carry out | ||||||
| 26 | the duties prescribed by this Act, a panel or its authorized | ||||||
| |||||||
| |||||||
| 1 | designees may hold elections to determine whether a labor | ||||||
| 2 | organization has majority status; investigate and attempt to | ||||||
| 3 | resolve or settle charges of unfair labor practices; hold | ||||||
| 4 | hearings in order to carry out its functions; develop and | ||||||
| 5 | effectuate appropriate impasse resolution procedures for | ||||||
| 6 | purposes of resolving labor disputes; require the appearance | ||||||
| 7 | of witnesses and the production of evidence on any matter | ||||||
| 8 | under inquiry; and administer oaths and affirmations. The | ||||||
| 9 | panels shall sign and report in full an opinion in every case | ||||||
| 10 | which they decide. | ||||||
| 11 | (g) Each panel may appoint or employ an executive | ||||||
| 12 | director, attorneys, hearing officers, mediators, | ||||||
| 13 | fact-finders, arbitrators, and such other employees as it may | ||||||
| 14 | deem necessary to perform its functions. The governing boards | ||||||
| 15 | shall prescribe the duties and qualifications of such persons | ||||||
| 16 | appointed and, subject to the annual appropriation, fix their | ||||||
| 17 | compensation and provide for reimbursement of actual and | ||||||
| 18 | necessary expenses incurred in the performance of their | ||||||
| 19 | duties. The Board shall employ a minimum of 16 attorneys and 6 | ||||||
| 20 | investigators. | ||||||
| 21 | (h) Each panel shall exercise general supervision over all | ||||||
| 22 | attorneys which it employs and over the other persons employed | ||||||
| 23 | to provide necessary support services for such attorneys. The | ||||||
| 24 | panels shall have final authority in respect to complaints | ||||||
| 25 | brought pursuant to this Act. | ||||||
| 26 | (i) The following rules and regulations shall be adopted | ||||||
| |||||||
| |||||||
| 1 | by the panels meeting in joint session: (1) procedural rules | ||||||
| 2 | and regulations which shall govern all Board proceedings; (2) | ||||||
| 3 | procedures for election of exclusive bargaining | ||||||
| 4 | representatives pursuant to Section 9, except for the | ||||||
| 5 | determination of appropriate bargaining units; and (3) | ||||||
| 6 | appointment of counsel pursuant to subsection (k) of this | ||||||
| 7 | Section. | ||||||
| 8 | (j) Rules and regulations may be adopted, amended or | ||||||
| 9 | rescinded only upon a vote of 5 of the members of the State and | ||||||
| 10 | Local Panels meeting in joint session. The adoption, | ||||||
| 11 | amendment, or rescission of rules and regulations shall be in | ||||||
| 12 | conformity with the requirements of the Illinois | ||||||
| 13 | Administrative Procedure Act. | ||||||
| 14 | (k) The panels in joint session shall promulgate rules and | ||||||
| 15 | regulations providing for the appointment of attorneys or | ||||||
| 16 | other Board representatives to represent persons in unfair | ||||||
| 17 | labor practice proceedings before a panel. The regulations | ||||||
| 18 | governing appointment shall require the applicant to | ||||||
| 19 | demonstrate an inability to pay for or inability to otherwise | ||||||
| 20 | provide for adequate representation before a panel. Such rules | ||||||
| 21 | must also provide: (1) that an attorney may not be appointed in | ||||||
| 22 | cases which, in the opinion of a panel, are clearly without | ||||||
| 23 | merit; (2) the stage of the unfair labor proceeding at which | ||||||
| 24 | counsel will be appointed; and (3) the circumstances under | ||||||
| 25 | which a client will be allowed to select counsel. | ||||||
| 26 | (1) The panels in joint session may promulgate rules and | ||||||
| |||||||
| |||||||
| 1 | regulations which allow parties in proceedings before a panel | ||||||
| 2 | to be represented by counsel or any other representative of | ||||||
| 3 | the party's choice. | ||||||
| 4 | (m) The Chairman of the State Panel shall serve as | ||||||
| 5 | Chairman of a joint session of the panels. Attendance of at | ||||||
| 6 | least 2 members of the State Panel and at least one member of | ||||||
| 7 | the Local Panel, in addition to the Chairman, shall constitute | ||||||
| 8 | a quorum at a joint session. The panels shall meet in joint | ||||||
| 9 | session at least annually. | ||||||
| 10 | (Source: P.A. 103-856, eff. 1-1-25; revised 11-21-24.)
| ||||||
| 11 | (5 ILCS 315/15) (from Ch. 48, par. 1615) | ||||||
| 12 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
| 13 | which has been held unconstitutional) | ||||||
| 14 | Sec. 15. Act takes precedence Takes Precedence. | ||||||
| 15 | (a) In case of any conflict between the provisions of this | ||||||
| 16 | Act and any other law (other than Section 5 of the State | ||||||
| 17 | Employees Group Insurance Act of 1971 and other than the | ||||||
| 18 | changes made to the Illinois Pension Code by Public Act 96-889 | ||||||
| 19 | this amendatory Act of the 96th General Assembly), executive | ||||||
| 20 | order or administrative regulation relating to wages, hours | ||||||
| 21 | and conditions of employment and employment relations, the | ||||||
| 22 | provisions of this Act or any collective bargaining agreement | ||||||
| 23 | negotiated thereunder shall prevail and control. Nothing in | ||||||
| 24 | this Act shall be construed to replace or diminish the rights | ||||||
| 25 | of employees established by Sections 28 and 28a of the | ||||||
| |||||||
| |||||||
| 1 | Metropolitan Transit Authority Act, Sections 2.15 through 2.19 | ||||||
| 2 | of the Regional Transportation Authority Act. The provisions | ||||||
| 3 | of this Act are subject to Section 5 of the State Employees | ||||||
| 4 | Group Insurance Act of 1971. Nothing in this Act shall be | ||||||
| 5 | construed to replace the necessity of complaints against a | ||||||
| 6 | sworn peace officer, as defined in Section 2(a) of the Uniform | ||||||
| 7 | Peace Officers' Officer Disciplinary Act, from having a | ||||||
| 8 | complaint supported by a sworn affidavit. | ||||||
| 9 | (b) Except as provided in subsection (a) above, any | ||||||
| 10 | collective bargaining contract between a public employer and a | ||||||
| 11 | labor organization executed pursuant to this Act shall | ||||||
| 12 | supersede any contrary statutes, charters, ordinances, rules | ||||||
| 13 | or regulations relating to wages, hours and conditions of | ||||||
| 14 | employment and employment relations adopted by the public | ||||||
| 15 | employer or its agents. Any collective bargaining agreement | ||||||
| 16 | entered into prior to the effective date of this Act shall | ||||||
| 17 | remain in full force during its duration. | ||||||
| 18 | (c) It is the public policy of this State, pursuant to | ||||||
| 19 | paragraphs (h) and (i) of Section 6 of Article VII of the | ||||||
| 20 | Illinois Constitution, that the provisions of this Act are the | ||||||
| 21 | exclusive exercise by the State of powers and functions which | ||||||
| 22 | might otherwise be exercised by home rule units. Such powers | ||||||
| 23 | and functions may not be exercised concurrently, either | ||||||
| 24 | directly or indirectly, by any unit of local government, | ||||||
| 25 | including any home rule unit, except as otherwise authorized | ||||||
| 26 | by this Act. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11; | ||||||
| 2 | revised 7-23-24.)
| ||||||
| 3 | Section 30. The State Employees Group Insurance Act of | ||||||
| 4 | 1971 is amended by changing Sections 3, 6.11, and 10 and by | ||||||
| 5 | setting forth and renumbering multiple versions of Section | ||||||
| 6 | 6.11D as follows:
| ||||||
| 7 | (5 ILCS 375/3) (from Ch. 127, par. 523) | ||||||
| 8 | Sec. 3. Definitions. Unless the context otherwise | ||||||
| 9 | requires, the following words and phrases as used in this Act | ||||||
| 10 | shall have the following meanings. The Department may define | ||||||
| 11 | these and other words and phrases separately for the purpose | ||||||
| 12 | of implementing specific programs providing benefits under | ||||||
| 13 | this Act. | ||||||
| 14 | (a) "Administrative service organization" means any | ||||||
| 15 | person, firm, or corporation experienced in the handling of | ||||||
| 16 | claims which is fully qualified, financially sound, and | ||||||
| 17 | capable of meeting the service requirements of a contract of | ||||||
| 18 | administration executed with the Department. | ||||||
| 19 | (b) "Annuitant" means (1) an employee who retires, or has | ||||||
| 20 | retired, on or after January 1, 1966 on an immediate annuity | ||||||
| 21 | under the provisions of Articles 2, 14 (including an employee | ||||||
| 22 | who has elected to receive an alternative retirement | ||||||
| 23 | cancellation payment under Section 14-108.5 of the Illinois | ||||||
| 24 | Pension Code in lieu of an annuity or who meets the criteria | ||||||
| |||||||
| |||||||
| 1 | for retirement, but in lieu of receiving an annuity under that | ||||||
| 2 | Article has elected to receive an accelerated pension benefit | ||||||
| 3 | payment under Section 14-147.5 of that Article), 15 (including | ||||||
| 4 | an employee who has retired under the optional retirement | ||||||
| 5 | program established under Section 15-158.2 or who meets the | ||||||
| 6 | criteria for retirement but in lieu of receiving an annuity | ||||||
| 7 | under that Article has elected to receive an accelerated | ||||||
| 8 | pension benefit payment under Section 15-185.5 of the | ||||||
| 9 | Article), paragraph (2), (3), or (5) of Section 16-106 | ||||||
| 10 | (including an employee who meets the criteria for retirement, | ||||||
| 11 | but in lieu of receiving an annuity under that Article has | ||||||
| 12 | elected to receive an accelerated pension benefit payment | ||||||
| 13 | under Section 16-190.5 of the Illinois Pension Code), or | ||||||
| 14 | Article 18 of the Illinois Pension Code; (2) any person who was | ||||||
| 15 | receiving group insurance coverage under this Act as of March | ||||||
| 16 | 31, 1978 by reason of his status as an annuitant, even though | ||||||
| 17 | the annuity in relation to which such coverage was provided is | ||||||
| 18 | a proportional annuity based on less than the minimum period | ||||||
| 19 | of service required for a retirement annuity in the system | ||||||
| 20 | involved; (3) any person not otherwise covered by this Act who | ||||||
| 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; (4) | ||||||
| 24 | the spouse of any person who is receiving a retirement annuity | ||||||
| 25 | under Article 18 of the Illinois Pension Code and who is | ||||||
| 26 | covered under a group health insurance program sponsored by a | ||||||
| |||||||
| |||||||
| 1 | governmental employer other than the State of Illinois and who | ||||||
| 2 | has irrevocably elected to waive his or her coverage under | ||||||
| 3 | this Act and to have his or her spouse considered as the | ||||||
| 4 | "annuitant" under this Act and not as a "dependent"; or (5) an | ||||||
| 5 | employee who retires, or has retired, from a qualified | ||||||
| 6 | position, as determined according to rules promulgated by the | ||||||
| 7 | Director, under a qualified local government, a qualified | ||||||
| 8 | rehabilitation facility, a qualified domestic violence shelter | ||||||
| 9 | or service, or a qualified child advocacy center. (For | ||||||
| 10 | definition of "retired employee", see subsection (p) post). | ||||||
| 11 | (b-5) (Blank). | ||||||
| 12 | (b-6) (Blank). | ||||||
| 13 | (b-7) (Blank). | ||||||
| 14 | (c) "Carrier" means (1) an insurance company, a | ||||||
| 15 | corporation organized under the Limited Health Service | ||||||
| 16 | Organization Act or the Voluntary Health Services Plans Act, a | ||||||
| 17 | partnership, or other nongovernmental organization, which is | ||||||
| 18 | authorized to do group life or group health insurance business | ||||||
| 19 | in Illinois, or (2) the State of Illinois as a self-insurer. | ||||||
| 20 | (d) "Compensation" means salary or wages payable on a | ||||||
| 21 | regular payroll by the State Treasurer on a warrant of the | ||||||
| 22 | State Comptroller out of any State, trust or federal fund, or | ||||||
| 23 | by the Governor of the State through a disbursing officer of | ||||||
| 24 | the State out of a trust or out of federal funds, or by any | ||||||
| 25 | Department out of State, trust, federal, or other funds held | ||||||
| 26 | by the State Treasurer or the Department, to any person for | ||||||
| |||||||
| |||||||
| 1 | personal services currently performed, and ordinary or | ||||||
| 2 | accidental disability benefits under Articles 2, 14, 15 | ||||||
| 3 | (including ordinary or accidental disability benefits under | ||||||
| 4 | the optional retirement program established under Section | ||||||
| 5 | 15-158.2), paragraph (2), (3), or (5) of Section 16-106, or | ||||||
| 6 | Article 18 of the Illinois Pension Code, for disability | ||||||
| 7 | incurred after January 1, 1966, or benefits payable under the | ||||||
| 8 | Workers' Compensation Act or the Workers' Occupational | ||||||
| 9 | Diseases Act or benefits payable under a sick pay plan | ||||||
| 10 | established in accordance with Section 36 of the State Finance | ||||||
| 11 | Act. "Compensation" also means salary or wages paid to an | ||||||
| 12 | employee of any qualified local government, qualified | ||||||
| 13 | rehabilitation facility, qualified domestic violence shelter | ||||||
| 14 | or service, or qualified child advocacy center. | ||||||
| 15 | (e) "Commission" means the State Employees Group Insurance | ||||||
| 16 | Advisory Commission authorized by this Act. Commencing July 1, | ||||||
| 17 | 1984, "Commission" as used in this Act means the Commission on | ||||||
| 18 | Government Forecasting and Accountability as established by | ||||||
| 19 | the Legislative Commission Reorganization Act of 1984. | ||||||
| 20 | (f) "Contributory", when referred to as contributory | ||||||
| 21 | coverage, shall mean optional coverages or benefits elected by | ||||||
| 22 | the member toward the cost of which such member makes | ||||||
| 23 | contribution, or which are funded in whole or in part through | ||||||
| 24 | the acceptance of a reduction in earnings or the foregoing of | ||||||
| 25 | an increase in earnings by an employee, as distinguished from | ||||||
| 26 | noncontributory coverage or benefits which are paid entirely | ||||||
| |||||||
| |||||||
| 1 | by the State of Illinois without reduction of the member's | ||||||
| 2 | salary. | ||||||
| 3 | (g) "Department" means any department, institution, board, | ||||||
| 4 | commission, officer, court, or any agency of the State | ||||||
| 5 | government receiving appropriations and having power to | ||||||
| 6 | certify payrolls to the Comptroller authorizing payments of | ||||||
| 7 | salary and wages against such appropriations as are made by | ||||||
| 8 | the General Assembly from any State fund, or against trust | ||||||
| 9 | funds held by the State Treasurer and includes boards of | ||||||
| 10 | trustees of the retirement systems created by Articles 2, 14, | ||||||
| 11 | 15, 16, and 18 of the Illinois Pension Code. "Department" also | ||||||
| 12 | includes the Illinois Comprehensive Health Insurance Board, | ||||||
| 13 | the Board of Examiners established under the Illinois Public | ||||||
| 14 | Accounting Act, and the Illinois Finance Authority. | ||||||
| 15 | (h) "Dependent", when the term is used in the context of | ||||||
| 16 | the health and life plan, means a member's spouse and any child | ||||||
| 17 | (1) from birth to age 26, including an adopted child, a child | ||||||
| 18 | who lives with the member from the time of the placement for | ||||||
| 19 | adoption until entry of an order of adoption, a stepchild or | ||||||
| 20 | adjudicated child, or a child who lives with the member if such | ||||||
| 21 | member is a court appointed guardian of the child or (2) age 19 | ||||||
| 22 | or over who has a mental or physical disability from a cause | ||||||
| 23 | originating prior to the age of 19 (age 26 if enrolled as an | ||||||
| 24 | adult child dependent). For the health plan only, the term | ||||||
| 25 | "dependent" also includes (1) any person enrolled prior to the | ||||||
| 26 | effective date of this Section who is dependent upon the | ||||||
| |||||||
| |||||||
| 1 | member to the extent that the member may claim such person as a | ||||||
| 2 | dependent for income tax deduction purposes and (2) any person | ||||||
| 3 | who has received after June 30, 2000 an organ transplant and | ||||||
| 4 | who is financially dependent upon the member and eligible to | ||||||
| 5 | be claimed as a dependent for income tax purposes. A member | ||||||
| 6 | requesting to cover any dependent must provide documentation | ||||||
| 7 | as requested by the Department of Central Management Services | ||||||
| 8 | and file with the Department any and all forms required by the | ||||||
| 9 | Department. | ||||||
| 10 | (i) "Director" means the Director of the Illinois | ||||||
| 11 | Department of Central Management Services. | ||||||
| 12 | (j) "Eligibility period" means the period of time a member | ||||||
| 13 | has to elect enrollment in programs or to select benefits | ||||||
| 14 | without regard to age, sex, or health. | ||||||
| 15 | (k) "Employee" means and includes each officer or employee | ||||||
| 16 | in the service of a department who (1) receives his | ||||||
| 17 | compensation for service rendered to the department on a | ||||||
| 18 | warrant issued pursuant to a payroll certified by a department | ||||||
| 19 | or on a warrant or check issued and drawn by a department upon | ||||||
| 20 | a trust, federal or other fund or on a warrant issued pursuant | ||||||
| 21 | to a payroll certified by an elected or duly appointed officer | ||||||
| 22 | of the State or who receives payment of the performance of | ||||||
| 23 | personal services on a warrant issued pursuant to a payroll | ||||||
| 24 | certified by a Department and drawn by the Comptroller upon | ||||||
| 25 | the State Treasurer against appropriations made by the General | ||||||
| 26 | Assembly from any fund or against trust funds held by the State | ||||||
| |||||||
| |||||||
| 1 | Treasurer, and (2) is employed full-time or part-time in a | ||||||
| 2 | position normally requiring actual performance of duty during | ||||||
| 3 | not less than 1/2 of a normal work period, as established by | ||||||
| 4 | the Director in cooperation with each department, except that | ||||||
| 5 | persons elected by popular vote will be considered employees | ||||||
| 6 | during the entire term for which they are elected regardless | ||||||
| 7 | of hours devoted to the service of the State, and (3) except | ||||||
| 8 | that "employee" does not include any person who is not | ||||||
| 9 | eligible by reason of such person's employment to participate | ||||||
| 10 | in one of the State retirement systems under Articles 2, 14, 15 | ||||||
| 11 | (either the regular Article 15 system or the optional | ||||||
| 12 | retirement program established under Section 15-158.2), or 18, | ||||||
| 13 | or under paragraph (2), (3), or (5) of Section 16-106, of the | ||||||
| 14 | Illinois Pension Code, but such term does include persons who | ||||||
| 15 | are employed during the 6-month qualifying period under | ||||||
| 16 | Article 14 of the Illinois Pension Code. Such term also | ||||||
| 17 | includes any person who (1) after January 1, 1966, is | ||||||
| 18 | receiving ordinary or accidental disability benefits under | ||||||
| 19 | Articles 2, 14, 15 (including ordinary or accidental | ||||||
| 20 | disability benefits under the optional retirement program | ||||||
| 21 | established under Section 15-158.2), paragraph (2), (3), or | ||||||
| 22 | (5) of Section 16-106, or Article 18 of the Illinois Pension | ||||||
| 23 | Code, for disability incurred after January 1, 1966, (2) | ||||||
| 24 | receives total permanent or total temporary disability under | ||||||
| 25 | the Workers' Compensation Act or the Workers' Occupational | ||||||
| 26 | Diseases Disease Act as a result of injuries sustained or | ||||||
| |||||||
| |||||||
| 1 | illness contracted in the course of employment with the State | ||||||
| 2 | of Illinois, or (3) is not otherwise covered under this Act and | ||||||
| 3 | has retired as a participating member under Article 2 of the | ||||||
| 4 | Illinois Pension Code but is ineligible for the retirement | ||||||
| 5 | annuity under Section 2-119 of the Illinois Pension Code. | ||||||
| 6 | However, a person who satisfies the criteria of the foregoing | ||||||
| 7 | definition of "employee" except that such person is made | ||||||
| 8 | ineligible to participate in the State Universities Retirement | ||||||
| 9 | System by clause (4) of subsection (a) of Section 15-107 of the | ||||||
| 10 | Illinois Pension Code is also an "employee" for the purposes | ||||||
| 11 | of this Act. "Employee" also includes any person receiving or | ||||||
| 12 | eligible for benefits under a sick pay plan established in | ||||||
| 13 | accordance with Section 36 of the State Finance Act. | ||||||
| 14 | "Employee" also includes (i) each officer or employee in the | ||||||
| 15 | service of a qualified local government, including persons | ||||||
| 16 | appointed as trustees of sanitary districts regardless of | ||||||
| 17 | hours devoted to the service of the sanitary district, (ii) | ||||||
| 18 | each employee in the service of a qualified rehabilitation | ||||||
| 19 | facility, (iii) each full-time employee in the service of a | ||||||
| 20 | qualified domestic violence shelter or service, and (iv) each | ||||||
| 21 | full-time employee in the service of a qualified child | ||||||
| 22 | advocacy center, as determined according to rules promulgated | ||||||
| 23 | by the Director. | ||||||
| 24 | (l) "Member" means an employee, annuitant, retired | ||||||
| 25 | employee, or survivor. In the case of an annuitant or retired | ||||||
| 26 | employee who first becomes an annuitant or retired employee on | ||||||
| |||||||
| |||||||
| 1 | or after January 13, 2012 (the effective date of Public Act | ||||||
| 2 | 97-668), the individual must meet the minimum vesting | ||||||
| 3 | requirements of the applicable retirement system in order to | ||||||
| 4 | be eligible for group insurance benefits under that system. In | ||||||
| 5 | the case of a survivor who is not entitled to occupational | ||||||
| 6 | death benefits pursuant to an applicable retirement system or | ||||||
| 7 | death benefits pursuant to the Illinois Workers' Compensation | ||||||
| 8 | Act, and who first becomes a survivor on or after January 13, | ||||||
| 9 | 2012 (the effective date of Public Act 97-668), the deceased | ||||||
| 10 | employee, annuitant, or retired employee upon whom the annuity | ||||||
| 11 | is based must have been eligible to participate in the group | ||||||
| 12 | insurance system under the applicable retirement system in | ||||||
| 13 | order for the survivor to be eligible for group insurance | ||||||
| 14 | benefits under that system. | ||||||
| 15 | In the case of a survivor who is entitled to occupational | ||||||
| 16 | death benefits pursuant to the deceased employee's applicable | ||||||
| 17 | retirement system or death benefits pursuant to the Illinois | ||||||
| 18 | Workers' Compensation Act, and first becomes a survivor on or | ||||||
| 19 | after January 1, 2022, the survivor is eligible for group | ||||||
| 20 | health insurance benefits regardless of the deceased | ||||||
| 21 | employee's minimum vesting requirements under the applicable | ||||||
| 22 | retirement system, with a State contribution rate of 100%, | ||||||
| 23 | until an unmarried child dependent reaches the age of 18, or | ||||||
| 24 | the age of 22 if the dependent child is a full-time student, or | ||||||
| 25 | until the adult survivor becomes eligible for benefits under | ||||||
| 26 | the federal Medicare health insurance program (Title XVIII of | ||||||
| |||||||
| |||||||
| 1 | the Social Security Act, as added by Public Law 89-97). In the | ||||||
| 2 | case of a survivor currently receiving occupational death | ||||||
| 3 | benefits pursuant to the deceased employee's applicable | ||||||
| 4 | retirement system or has received death benefits pursuant to | ||||||
| 5 | the Illinois Workers' Compensation Act, who first became a | ||||||
| 6 | survivor prior to January 1, 2022, the survivor is eligible | ||||||
| 7 | for group health insurance benefits regardless of the deceased | ||||||
| 8 | employee's minimum vesting requirements under the applicable | ||||||
| 9 | retirement system, with a State contribution rate of 100%, | ||||||
| 10 | until an unmarried child dependent reaches the age of 18, or | ||||||
| 11 | the age of 22 if the dependent child is a full-time student, or | ||||||
| 12 | until the adult survivor becomes eligible for benefits under | ||||||
| 13 | the federal Medicare health insurance program (Title XVIII of | ||||||
| 14 | the Social Security Act, as added by Public Law 89-97). The | ||||||
| 15 | changes made by Public Act 102-714 this amendatory Act of the | ||||||
| 16 | 102nd General Assembly with respect to survivors who first | ||||||
| 17 | became survivors prior to January 1, 2022 shall apply upon | ||||||
| 18 | request of the survivor on or after April 29, 2022 (the | ||||||
| 19 | effective date of Public Act 102-714) this amendatory Act of | ||||||
| 20 | the 102nd General Assembly. | ||||||
| 21 | (m) "Optional coverages or benefits" means those coverages | ||||||
| 22 | or benefits available to the member on his or her voluntary | ||||||
| 23 | election, and at his or her own expense. | ||||||
| 24 | (n) "Program" means the group life insurance, health | ||||||
| 25 | benefits, and other employee benefits designed and contracted | ||||||
| 26 | for by the Director under this Act. | ||||||
| |||||||
| |||||||
| 1 | (o) "Health plan" means a health benefits program offered | ||||||
| 2 | by the State of Illinois for persons eligible for the plan. | ||||||
| 3 | (p) "Retired employee" means any person who would be an | ||||||
| 4 | annuitant as that term is defined herein but for the fact that | ||||||
| 5 | such person retired prior to January 1, 1966. Such term also | ||||||
| 6 | includes any person formerly employed by the University of | ||||||
| 7 | Illinois in the Cooperative Extension Service who would be an | ||||||
| 8 | annuitant but for the fact that such person was made | ||||||
| 9 | ineligible to participate in the State Universities Retirement | ||||||
| 10 | System by clause (4) of subsection (a) of Section 15-107 of the | ||||||
| 11 | Illinois Pension Code. | ||||||
| 12 | (q) "Survivor" means a person receiving an annuity as a | ||||||
| 13 | survivor of an employee or of an annuitant. "Survivor" also | ||||||
| 14 | includes: (1) the surviving dependent of a person who | ||||||
| 15 | satisfies the definition of "employee" except that such person | ||||||
| 16 | is made ineligible to participate in the State Universities | ||||||
| 17 | Retirement System by clause (4) of subsection (a) of Section | ||||||
| 18 | 15-107 of the Illinois Pension Code; (2) the surviving | ||||||
| 19 | dependent of any person formerly employed by the University of | ||||||
| 20 | Illinois in the Cooperative Extension Service who would be an | ||||||
| 21 | annuitant except for the fact that such person was made | ||||||
| 22 | ineligible to participate in the State Universities Retirement | ||||||
| 23 | System by clause (4) of subsection (a) of Section 15-107 of the | ||||||
| 24 | Illinois Pension Code; (3) the surviving dependent of a person | ||||||
| 25 | who was an annuitant under this Act by virtue of receiving an | ||||||
| 26 | alternative retirement cancellation payment under Section | ||||||
| |||||||
| |||||||
| 1 | 14-108.5 of the Illinois Pension Code; and (4) a person who | ||||||
| 2 | would be receiving an annuity as a survivor of an annuitant | ||||||
| 3 | except that the annuitant elected on or after June 4, 2018 to | ||||||
| 4 | receive an accelerated pension benefit payment under Section | ||||||
| 5 | 14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code | ||||||
| 6 | in lieu of receiving an annuity. | ||||||
| 7 | (q-2) "SERS" means the State Employees' Retirement System | ||||||
| 8 | of Illinois, created under Article 14 of the Illinois Pension | ||||||
| 9 | Code. | ||||||
| 10 | (q-3) "SURS" means the State Universities Retirement | ||||||
| 11 | System, created under Article 15 of the Illinois Pension Code. | ||||||
| 12 | (q-4) "TRS" means the Teachers' Retirement System of the | ||||||
| 13 | State of Illinois, created under Article 16 of the Illinois | ||||||
| 14 | Pension Code. | ||||||
| 15 | (q-5) (Blank). | ||||||
| 16 | (q-6) (Blank). | ||||||
| 17 | (q-7) (Blank). | ||||||
| 18 | (r) "Medical services" means the services provided within | ||||||
| 19 | the scope of their licenses by practitioners in all categories | ||||||
| 20 | licensed under the Medical Practice Act of 1987. | ||||||
| 21 | (s) "Unit of local government" means any county, | ||||||
| 22 | municipality, township, school district (including a | ||||||
| 23 | combination of school districts under the Intergovernmental | ||||||
| 24 | Cooperation Act), special district or other unit, designated | ||||||
| 25 | as a unit of local government by law, which exercises limited | ||||||
| 26 | governmental powers or powers in respect to limited | ||||||
| |||||||
| |||||||
| 1 | governmental subjects, any not-for-profit association with a | ||||||
| 2 | membership that primarily includes townships and township | ||||||
| 3 | officials, that has duties that include provision of research | ||||||
| 4 | service, dissemination of information, and other acts for the | ||||||
| 5 | purpose of improving township government, and that is funded | ||||||
| 6 | wholly or partly in accordance with Section 85-15 of the | ||||||
| 7 | Township Code; any not-for-profit corporation or association, | ||||||
| 8 | with a membership consisting primarily of municipalities, that | ||||||
| 9 | operates its own utility system, and provides research, | ||||||
| 10 | training, dissemination of information, or other acts to | ||||||
| 11 | promote cooperation between and among municipalities that | ||||||
| 12 | provide utility services and for the advancement of the goals | ||||||
| 13 | and purposes of its membership; the Southern Illinois | ||||||
| 14 | Collegiate Common Market, which is a consortium of higher | ||||||
| 15 | education institutions in Southern Illinois; the Illinois | ||||||
| 16 | Association of Park Districts; and any hospital provider that | ||||||
| 17 | is owned by a county that has 100 or fewer hospital beds and | ||||||
| 18 | has not already joined the program. "Qualified local | ||||||
| 19 | government" means a unit of local government approved by the | ||||||
| 20 | Director and participating in a program created under | ||||||
| 21 | subsection (i) of Section 10 of this Act. | ||||||
| 22 | (t) "Qualified rehabilitation facility" means any | ||||||
| 23 | not-for-profit organization that is accredited by the | ||||||
| 24 | Commission on Accreditation of Rehabilitation Facilities or | ||||||
| 25 | certified by the Department of Human Services (as successor to | ||||||
| 26 | the Department of Mental Health and Developmental | ||||||
| |||||||
| |||||||
| 1 | Disabilities) to provide services to persons with disabilities | ||||||
| 2 | and which receives funds from the State of Illinois for | ||||||
| 3 | providing those services, approved by the Director and | ||||||
| 4 | participating in a program created under subsection (j) of | ||||||
| 5 | Section 10 of this Act. | ||||||
| 6 | (u) "Qualified domestic violence shelter or service" means | ||||||
| 7 | any Illinois domestic violence shelter or service and its | ||||||
| 8 | administrative offices funded by the Department of Human | ||||||
| 9 | Services (as successor to the Illinois Department of Public | ||||||
| 10 | Aid), approved by the Director and participating in a program | ||||||
| 11 | created under subsection (k) of Section 10. | ||||||
| 12 | (v) "TRS benefit recipient" means a person who: | ||||||
| 13 | (1) is not a "member" as defined in this Section; and | ||||||
| 14 | (2) is receiving a monthly benefit or retirement | ||||||
| 15 | annuity under Article 16 of the Illinois Pension Code or | ||||||
| 16 | would be receiving such monthly benefit or retirement | ||||||
| 17 | annuity except that the benefit recipient elected on or | ||||||
| 18 | after June 4, 2018 to receive an accelerated pension | ||||||
| 19 | benefit payment under Section 16-190.5 of the Illinois | ||||||
| 20 | Pension Code in lieu of receiving an annuity; and | ||||||
| 21 | (3) either (i) has at least 8 years of creditable | ||||||
| 22 | service under Article 16 of the Illinois Pension Code, or | ||||||
| 23 | (ii) was enrolled in the health insurance program offered | ||||||
| 24 | under that Article on January 1, 1996, or (iii) is the | ||||||
| 25 | survivor of a benefit recipient who had at least 8 years of | ||||||
| 26 | creditable service under Article 16 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Pension Code or was enrolled in the health insurance | ||||||
| 2 | program offered under that Article on June 21, 1995 (the | ||||||
| 3 | effective date of Public Act 89-25), or (iv) is a | ||||||
| 4 | recipient or survivor of a recipient of a disability | ||||||
| 5 | benefit under Article 16 of the Illinois Pension Code. | ||||||
| 6 | (w) "TRS dependent beneficiary" means a person who: | ||||||
| 7 | (1) is not a "member" or "dependent" as defined in | ||||||
| 8 | this Section; and | ||||||
| 9 | (2) is a TRS benefit recipient's: (A) spouse, (B) | ||||||
| 10 | dependent parent who is receiving at least half of his or | ||||||
| 11 | her support from the TRS benefit recipient, or (C) | ||||||
| 12 | natural, step, adjudicated, or adopted child who is (i) | ||||||
| 13 | under age 26, (ii) was, on January 1, 1996, participating | ||||||
| 14 | as a dependent beneficiary in the health insurance program | ||||||
| 15 | offered under Article 16 of the Illinois Pension Code, or | ||||||
| 16 | (iii) age 19 or over who has a mental or physical | ||||||
| 17 | disability from a cause originating prior to the age of 19 | ||||||
| 18 | (age 26 if enrolled as an adult child). | ||||||
| 19 | "TRS dependent beneficiary" does not include, as indicated | ||||||
| 20 | under paragraph (2) of this subsection (w), a dependent of the | ||||||
| 21 | survivor of a TRS benefit recipient who first becomes a | ||||||
| 22 | dependent of a survivor of a TRS benefit recipient on or after | ||||||
| 23 | January 13, 2012 (the effective date of Public Act 97-668) | ||||||
| 24 | unless that dependent would have been eligible for coverage as | ||||||
| 25 | a dependent of the deceased TRS benefit recipient upon whom | ||||||
| 26 | the survivor benefit is based. | ||||||
| |||||||
| |||||||
| 1 | (x) "Military leave" refers to individuals in basic | ||||||
| 2 | training for reserves, special/advanced training, annual | ||||||
| 3 | training, emergency call up, activation by the President of | ||||||
| 4 | the United States, or any other training or duty in service to | ||||||
| 5 | the United States Armed Forces. | ||||||
| 6 | (y) (Blank). | ||||||
| 7 | (z) "Community college benefit recipient" means a person | ||||||
| 8 | who: | ||||||
| 9 | (1) is not a "member" as defined in this Section; and | ||||||
| 10 | (2) is receiving a monthly survivor's annuity or | ||||||
| 11 | retirement annuity under Article 15 of the Illinois | ||||||
| 12 | Pension Code or would be receiving such monthly survivor's | ||||||
| 13 | annuity or retirement annuity except that the benefit | ||||||
| 14 | recipient elected on or after June 4, 2018 to receive an | ||||||
| 15 | accelerated pension benefit payment under Section 15-185.5 | ||||||
| 16 | of the Illinois Pension Code in lieu of receiving an | ||||||
| 17 | annuity; and | ||||||
| 18 | (3) either (i) was a full-time employee of a community | ||||||
| 19 | college district or an association of community college | ||||||
| 20 | boards created under the Public Community College Act | ||||||
| 21 | (other than an employee whose last employer under Article | ||||||
| 22 | 15 of the Illinois Pension Code was a community college | ||||||
| 23 | district subject to Article VII of the Public Community | ||||||
| 24 | College Act) and was eligible to participate in a group | ||||||
| 25 | health benefit plan as an employee during the time of | ||||||
| 26 | employment with a community college district (other than a | ||||||
| |||||||
| |||||||
| 1 | community college district subject to Article VII of the | ||||||
| 2 | Public Community College Act) or an association of | ||||||
| 3 | community college boards, or (ii) is the survivor of a | ||||||
| 4 | person described in item (i). | ||||||
| 5 | (aa) "Community college dependent beneficiary" means a | ||||||
| 6 | person who: | ||||||
| 7 | (1) is not a "member" or "dependent" as defined in | ||||||
| 8 | this Section; and | ||||||
| 9 | (2) is a community college benefit recipient's: (A) | ||||||
| 10 | spouse, (B) dependent parent who is receiving at least | ||||||
| 11 | half of his or her support from the community college | ||||||
| 12 | benefit recipient, or (C) natural, step, adjudicated, or | ||||||
| 13 | adopted child who is (i) under age 26, or (ii) age 19 or | ||||||
| 14 | over and has a mental or physical disability from a cause | ||||||
| 15 | originating prior to the age of 19 (age 26 if enrolled as | ||||||
| 16 | an adult child). | ||||||
| 17 | "Community college dependent beneficiary" does not | ||||||
| 18 | include, as indicated under paragraph (2) of this subsection | ||||||
| 19 | (aa), a dependent of the survivor of a community college | ||||||
| 20 | benefit recipient who first becomes a dependent of a survivor | ||||||
| 21 | of a community college benefit recipient on or after January | ||||||
| 22 | 13, 2012 (the effective date of Public Act 97-668) unless that | ||||||
| 23 | dependent would have been eligible for coverage as a dependent | ||||||
| 24 | of the deceased community college benefit recipient upon whom | ||||||
| 25 | the survivor annuity is based. | ||||||
| 26 | (bb) "Qualified child advocacy center" means any Illinois | ||||||
| |||||||
| |||||||
| 1 | child advocacy center and its administrative offices funded by | ||||||
| 2 | the Department of Children and Family Services, as defined by | ||||||
| 3 | the Children's Advocacy Center Act (55 ILCS 80/), approved by | ||||||
| 4 | the Director and participating in a program created under | ||||||
| 5 | subsection (n) of Section 10. | ||||||
| 6 | (cc) "Placement for adoption" means the assumption and | ||||||
| 7 | retention by a member of a legal obligation for total or | ||||||
| 8 | partial support of a child in anticipation of adoption of the | ||||||
| 9 | child. The child's placement with the member terminates upon | ||||||
| 10 | the termination of such legal obligation. | ||||||
| 11 | (Source: P.A. 101-242, eff. 8-9-19; 102-558, eff. 8-20-21; | ||||||
| 12 | 102-714, eff. 4-29-22; 102-813, eff 5-13-22; revised 7-23-24.)
| ||||||
| 13 | (5 ILCS 375/6.11) | ||||||
| 14 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
| 15 | Code requirements. The program of health benefits shall | ||||||
| 16 | provide the post-mastectomy care benefits required to be | ||||||
| 17 | covered by a policy of accident and health insurance under | ||||||
| 18 | Section 356t of the Illinois Insurance Code. The program of | ||||||
| 19 | health benefits shall provide the coverage required under | ||||||
| 20 | Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, | ||||||
| 21 | 356w, 356x, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, | ||||||
| 22 | 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, | ||||||
| 23 | 356z.17, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, | ||||||
| 24 | 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, | ||||||
| 25 | 356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, | ||||||
| |||||||
| |||||||
| 1 | 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and | ||||||
| 2 | 356z.70, and 356z.71, 356z.74, 356z.76, and 356z.77 of the | ||||||
| 3 | Illinois Insurance Code. The program of health benefits must | ||||||
| 4 | comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c, and | ||||||
| 5 | 370c.1 and Article XXXIIB of the Illinois Insurance Code. The | ||||||
| 6 | program of health benefits shall provide the coverage required | ||||||
| 7 | under Section 356m of the Illinois Insurance Code and, for the | ||||||
| 8 | employees of the State Employee Group Insurance Program only, | ||||||
| 9 | the coverage as also provided in Section 6.11B of this Act. The | ||||||
| 10 | Department of Insurance shall enforce the requirements of this | ||||||
| 11 | Section with respect to Sections 370c and 370c.1 of the | ||||||
| 12 | Illinois Insurance Code; all other requirements of this | ||||||
| 13 | Section shall be enforced by the Department of Central | ||||||
| 14 | Management Services. | ||||||
| 15 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 16 | any, is conditioned on the rules being adopted in accordance | ||||||
| 17 | with all provisions of the Illinois Administrative Procedure | ||||||
| 18 | Act and all rules and procedures of the Joint Committee on | ||||||
| 19 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 20 | whatever reason, is unauthorized. | ||||||
| 21 | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||||||
| 22 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. | ||||||
| 23 | 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768, | ||||||
| 24 | eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
| 25 | 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||||||
| 26 | 1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; | ||||||
| 2 | 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. | ||||||
| 3 | 8-11-23; 103-605, eff. 7-1-24; 103-718, eff. 7-19-24; 103-751, | ||||||
| 4 | eff. 8-2-24; 103-870, eff. 1-1-25; 103-914, eff. 1-1-25; | ||||||
| 5 | 103-918, eff. 1-1-25; 103-951, eff. 1-1-25; 103-1024, eff. | ||||||
| 6 | 1-1-25; revised 11-26-24.)
| ||||||
| 7 | (5 ILCS 375/6.11D) | ||||||
| 8 | Sec. 6.11D. Joint mental health therapy services. | ||||||
| 9 | (a) The State Employees Group Insurance Program shall | ||||||
| 10 | provide coverage for joint mental health therapy services for | ||||||
| 11 | any Illinois State Police officer or police officer of an | ||||||
| 12 | institution of higher education and any spouse or partner of | ||||||
| 13 | the officer who resides with the officer. | ||||||
| 14 | (b) The joint mental health therapy services provided | ||||||
| 15 | under subsection (a) shall be performed by a physician | ||||||
| 16 | licensed to practice medicine in all of its branches, a | ||||||
| 17 | licensed clinical psychologist, a licensed clinical social | ||||||
| 18 | worker, a licensed clinical professional counselor, a licensed | ||||||
| 19 | marriage and family therapist, a licensed social worker, or a | ||||||
| 20 | licensed professional counselor. | ||||||
| 21 | (Source: P.A. 103-818, eff. 1-1-25.)
| ||||||
| 22 | (5 ILCS 375/6.11E) | ||||||
| 23 | Sec. 6.11E 6.11D. Coverage for treatments to slow the | ||||||
| 24 | progression of Alzheimer's disease and related dementias. | ||||||
| |||||||
| |||||||
| 1 | Beginning on July 1, 2025, the State Employees Group Insurance | ||||||
| 2 | Program shall provide coverage for all medically necessary | ||||||
| 3 | FDA-approved treatments or medications prescribed to slow the | ||||||
| 4 | progression of Alzheimer's disease or another related | ||||||
| 5 | dementia, as determined by a physician licensed to practice | ||||||
| 6 | medicine in all its branches. Coverage for all FDA-approved | ||||||
| 7 | treatments or medications prescribed to slow the progression | ||||||
| 8 | of Alzheimer's disease or another related dementia shall not | ||||||
| 9 | be subject to step therapy. Any diagnostic testing necessary | ||||||
| 10 | for a physician to determine appropriate use of these | ||||||
| 11 | treatments or medications shall be covered by the State | ||||||
| 12 | Employees Group Insurance Program. | ||||||
| 13 | (Source: P.A. 103-975, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 14 | (5 ILCS 375/10) (from Ch. 127, par. 530) | ||||||
| 15 | Sec. 10. Contributions by the State and members. | ||||||
| 16 | (a) The State shall pay the cost of basic non-contributory | ||||||
| 17 | group life insurance and, subject to member paid contributions | ||||||
| 18 | set by the Department or required by this Section and except as | ||||||
| 19 | provided in this Section, the basic program of group health | ||||||
| 20 | benefits on each eligible member, except a member, not | ||||||
| 21 | otherwise covered by this Act, who has retired as a | ||||||
| 22 | participating member under Article 2 of the Illinois Pension | ||||||
| 23 | Code but is ineligible for the retirement annuity under | ||||||
| 24 | Section 2-119 of the Illinois Pension Code, and part of each | ||||||
| 25 | eligible member's and retired member's premiums for health | ||||||
| |||||||
| |||||||
| 1 | insurance coverage for enrolled dependents as provided by | ||||||
| 2 | Section 9. The State shall pay the cost of the basic program of | ||||||
| 3 | group health benefits only after benefits are reduced by the | ||||||
| 4 | amount of benefits covered by Medicare for all members and | ||||||
| 5 | dependents who are eligible for benefits under Social Security | ||||||
| 6 | or the Railroad Retirement system or who had sufficient | ||||||
| 7 | Medicare-covered government employment, except that such | ||||||
| 8 | reduction in benefits shall apply only to those members and | ||||||
| 9 | dependents who (1) first become eligible for such Medicare | ||||||
| 10 | coverage on or after July 1, 1992; or (2) are | ||||||
| 11 | Medicare-eligible members or dependents of a local government | ||||||
| 12 | unit which began participation in the program on or after July | ||||||
| 13 | 1, 1992; or (3) remain eligible for, but no longer receive | ||||||
| 14 | Medicare coverage which they had been receiving on or after | ||||||
| 15 | July 1, 1992. The Department may determine the aggregate level | ||||||
| 16 | of the State's contribution on the basis of actual cost of | ||||||
| 17 | medical services adjusted for age, sex or geographic or other | ||||||
| 18 | demographic characteristics which affect the costs of such | ||||||
| 19 | programs. | ||||||
| 20 | The cost of participation in the basic program of group | ||||||
| 21 | health benefits for the dependent or survivor of a living or | ||||||
| 22 | deceased retired employee who was formerly employed by the | ||||||
| 23 | University of Illinois in the Cooperative Extension Service | ||||||
| 24 | and would be an annuitant but for the fact that he or she was | ||||||
| 25 | made ineligible to participate in the State Universities | ||||||
| 26 | Retirement System by clause (4) of subsection (a) of Section | ||||||
| |||||||
| |||||||
| 1 | 15-107 of the Illinois Pension Code shall not be greater than | ||||||
| 2 | the cost of participation that would otherwise apply to that | ||||||
| 3 | dependent or survivor if he or she were the dependent or | ||||||
| 4 | survivor of an annuitant under the State Universities | ||||||
| 5 | Retirement System. | ||||||
| 6 | (a-1) (Blank). | ||||||
| 7 | (a-2) (Blank). | ||||||
| 8 | (a-3) (Blank). | ||||||
| 9 | (a-4) (Blank). | ||||||
| 10 | (a-5) (Blank). | ||||||
| 11 | (a-6) (Blank). | ||||||
| 12 | (a-7) (Blank). | ||||||
| 13 | (a-8) Any annuitant, survivor, or retired employee may | ||||||
| 14 | waive or terminate coverage in the program of group health | ||||||
| 15 | benefits. Any such annuitant, survivor, or retired employee | ||||||
| 16 | who has waived or terminated coverage may enroll or re-enroll | ||||||
| 17 | in the program of group health benefits only during the annual | ||||||
| 18 | benefit choice period, as determined by the Director; except | ||||||
| 19 | that in the event of termination of coverage due to nonpayment | ||||||
| 20 | of premiums, the annuitant, survivor, or retired employee may | ||||||
| 21 | not re-enroll in the program. | ||||||
| 22 | (a-8.5) Beginning on July 1, 2012 (the effective date of | ||||||
| 23 | Public Act 97-695) this amendatory Act of the 97th General | ||||||
| 24 | Assembly, the Director of Central Management Services shall, | ||||||
| 25 | on an annual basis, determine the amount that the State shall | ||||||
| 26 | contribute toward the basic program of group health benefits | ||||||
| |||||||
| |||||||
| 1 | on behalf of annuitants (including individuals who (i) | ||||||
| 2 | participated in the General Assembly Retirement System, the | ||||||
| 3 | State Employees' Retirement System of Illinois, the State | ||||||
| 4 | Universities Retirement System, the Teachers' Retirement | ||||||
| 5 | System of the State of Illinois, or the Judges Retirement | ||||||
| 6 | System of Illinois and (ii) qualify as annuitants under | ||||||
| 7 | subsection (b) of Section 3 of this Act), survivors (including | ||||||
| 8 | individuals who (i) receive an annuity as a survivor of an | ||||||
| 9 | individual who participated in the General Assembly Retirement | ||||||
| 10 | System, the State Employees' Retirement System of Illinois, | ||||||
| 11 | the State Universities Retirement System, the Teachers' | ||||||
| 12 | Retirement System of the State of Illinois, or the Judges | ||||||
| 13 | Retirement System of Illinois and (ii) qualify as survivors | ||||||
| 14 | under subsection (q) of Section 3 of this Act), and retired | ||||||
| 15 | employees (as defined in subsection (p) of Section 3 of this | ||||||
| 16 | Act). The remainder of the cost of coverage for each | ||||||
| 17 | annuitant, survivor, or retired employee, as determined by the | ||||||
| 18 | Director of Central Management Services, shall be the | ||||||
| 19 | responsibility of that annuitant, survivor, or retired | ||||||
| 20 | employee. | ||||||
| 21 | Contributions required of annuitants, survivors, and | ||||||
| 22 | retired employees shall be the same for all retirement systems | ||||||
| 23 | and shall also be based on whether an individual has made an | ||||||
| 24 | election under Section 15-135.1 of the Illinois Pension Code. | ||||||
| 25 | Contributions may be based on annuitants', survivors', or | ||||||
| 26 | retired employees' Medicare eligibility, but may not be based | ||||||
| |||||||
| |||||||
| 1 | on Social Security eligibility. | ||||||
| 2 | (a-9) No later than May 1 of each calendar year, the | ||||||
| 3 | Director of Central Management Services shall certify in | ||||||
| 4 | writing to the Executive Secretary of the State Employees' | ||||||
| 5 | Retirement System of Illinois the amounts of the Medicare | ||||||
| 6 | supplement health care premiums and the amounts of the health | ||||||
| 7 | care premiums for all other retirees who are not Medicare | ||||||
| 8 | eligible. | ||||||
| 9 | A separate calculation of the premiums based upon the | ||||||
| 10 | actual cost of each health care plan shall be so certified. | ||||||
| 11 | The Director of Central Management Services shall provide | ||||||
| 12 | to the Executive Secretary of the State Employees' Retirement | ||||||
| 13 | System of Illinois such information, statistics, and other | ||||||
| 14 | data as he or she may require to review the premium amounts | ||||||
| 15 | certified by the Director of Central Management Services. | ||||||
| 16 | The Department of Central Management Services, or any | ||||||
| 17 | successor agency designated to procure health care healthcare | ||||||
| 18 | contracts pursuant to this Act, is authorized to establish | ||||||
| 19 | funds, separate accounts provided by any bank or banks as | ||||||
| 20 | defined by the Illinois Banking Act, or separate accounts | ||||||
| 21 | provided by any savings and loan association or associations | ||||||
| 22 | as defined by the Illinois Savings and Loan Act of 1985 to be | ||||||
| 23 | held by the Director, outside the State treasury, for the | ||||||
| 24 | purpose of receiving the transfer of moneys from the Local | ||||||
| 25 | Government Health Insurance Reserve Fund. The Department may | ||||||
| 26 | promulgate rules further defining the methodology for the | ||||||
| |||||||
| |||||||
| 1 | transfers. Any interest earned by moneys in the funds or | ||||||
| 2 | accounts shall inure to the Local Government Health Insurance | ||||||
| 3 | Reserve Fund. The transferred moneys, and interest accrued | ||||||
| 4 | thereon, shall be used exclusively for transfers to | ||||||
| 5 | administrative service organizations or their financial | ||||||
| 6 | institutions for payments of claims to claimants and providers | ||||||
| 7 | under the self-insurance health plan. The transferred moneys, | ||||||
| 8 | and interest accrued thereon, shall not be used for any other | ||||||
| 9 | purpose including, but not limited to, reimbursement of | ||||||
| 10 | administration fees due the administrative service | ||||||
| 11 | organization pursuant to its contract or contracts with the | ||||||
| 12 | Department. | ||||||
| 13 | (a-10) To the extent that participation, benefits, or | ||||||
| 14 | premiums under this Act are based on a person's service credit | ||||||
| 15 | under an Article of the Illinois Pension Code, service credit | ||||||
| 16 | terminated in exchange for an accelerated pension benefit | ||||||
| 17 | payment under Section 14-147.5, 15-185.5, or 16-190.5 of that | ||||||
| 18 | Code shall be included in determining a person's service | ||||||
| 19 | credit for the purposes of this Act. | ||||||
| 20 | (b) State employees who become eligible for this program | ||||||
| 21 | on or after January 1, 1980 in positions normally requiring | ||||||
| 22 | actual performance of duty not less than 1/2 of a normal work | ||||||
| 23 | period but not equal to that of a normal work period, shall be | ||||||
| 24 | given the option of participating in the available program. If | ||||||
| 25 | the employee elects coverage, the State shall contribute on | ||||||
| 26 | behalf of such employee to the cost of the employee's benefit | ||||||
| |||||||
| |||||||
| 1 | and any applicable dependent supplement, that sum which bears | ||||||
| 2 | the same percentage as that percentage of time the employee | ||||||
| 3 | regularly works when compared to normal work period. | ||||||
| 4 | (c) The basic non-contributory coverage from the basic | ||||||
| 5 | program of group health benefits shall be continued for each | ||||||
| 6 | employee not in pay status or on active service by reason of | ||||||
| 7 | (1) leave of absence due to illness or injury, (2) authorized | ||||||
| 8 | educational leave of absence or sabbatical leave, or (3) | ||||||
| 9 | military leave. This coverage shall continue until expiration | ||||||
| 10 | of authorized leave and return to active service, but not to | ||||||
| 11 | exceed 24 months for leaves under item (1) or (2). This | ||||||
| 12 | 24-month limitation and the requirement of returning to active | ||||||
| 13 | service shall not apply to persons receiving ordinary or | ||||||
| 14 | accidental disability benefits or retirement benefits through | ||||||
| 15 | the appropriate State retirement system or benefits under the | ||||||
| 16 | Workers' Compensation Act or the Workers' Occupational | ||||||
| 17 | Diseases Occupational Disease Act. | ||||||
| 18 | (d) The basic group life insurance coverage shall | ||||||
| 19 | continue, with full State contribution, where such person is | ||||||
| 20 | (1) absent from active service by reason of disability arising | ||||||
| 21 | from any cause other than self-inflicted, (2) on authorized | ||||||
| 22 | educational leave of absence or sabbatical leave, or (3) on | ||||||
| 23 | military leave. | ||||||
| 24 | (e) Where the person is in non-pay status for a period in | ||||||
| 25 | excess of 30 days or on leave of absence, other than by reason | ||||||
| 26 | of disability, educational or sabbatical leave, or military | ||||||
| |||||||
| |||||||
| 1 | leave, such person may continue coverage only by making | ||||||
| 2 | personal payment equal to the amount normally contributed by | ||||||
| 3 | the State on such person's behalf. Such payments and coverage | ||||||
| 4 | may be continued: (1) until such time as the person returns to | ||||||
| 5 | a status eligible for coverage at State expense, but not to | ||||||
| 6 | exceed 24 months or (2) until such person's employment or | ||||||
| 7 | annuitant status with the State is terminated (exclusive of | ||||||
| 8 | any additional service imposed pursuant to law). | ||||||
| 9 | (f) The Department shall establish by rule the extent to | ||||||
| 10 | which other employee benefits will continue for persons in | ||||||
| 11 | non-pay status or who are not in active service. | ||||||
| 12 | (g) The State shall not pay the cost of the basic | ||||||
| 13 | non-contributory group life insurance, program of health | ||||||
| 14 | benefits and other employee benefits for members who are | ||||||
| 15 | survivors as defined by paragraphs (1) and (2) of subsection | ||||||
| 16 | (q) of Section 3 of this Act. The costs of benefits for these | ||||||
| 17 | survivors shall be paid by the survivors or by the University | ||||||
| 18 | of Illinois Cooperative Extension Service, or any combination | ||||||
| 19 | thereof. However, the State shall pay the amount of the | ||||||
| 20 | reduction in the cost of participation, if any, resulting from | ||||||
| 21 | the amendment to subsection (a) made by Public Act 91-617 this | ||||||
| 22 | amendatory Act of the 91st General Assembly. | ||||||
| 23 | (h) Those persons occupying positions with any department | ||||||
| 24 | as a result of emergency appointments pursuant to Section 8b.8 | ||||||
| 25 | of the Personnel Code who are not considered employees under | ||||||
| 26 | this Act shall be given the option of participating in the | ||||||
| |||||||
| |||||||
| 1 | programs of group life insurance, health benefits and other | ||||||
| 2 | employee benefits. Such persons electing coverage may | ||||||
| 3 | participate only by making payment equal to the amount | ||||||
| 4 | normally contributed by the State for similarly situated | ||||||
| 5 | employees. Such amounts shall be determined by the Director. | ||||||
| 6 | Such payments and coverage may be continued until such time as | ||||||
| 7 | the person becomes an employee pursuant to this Act or such | ||||||
| 8 | person's appointment is terminated. | ||||||
| 9 | (i) Any unit of local government within the State of | ||||||
| 10 | Illinois may apply to the Director to have its employees, | ||||||
| 11 | annuitants, and their dependents provided group health | ||||||
| 12 | coverage under this Act on a non-insured basis. To | ||||||
| 13 | participate, a unit of local government must agree to enroll | ||||||
| 14 | all of its employees, who may select coverage under any group | ||||||
| 15 | health benefits plan made available by the Department under | ||||||
| 16 | the health benefits program established under this Section or | ||||||
| 17 | a health maintenance organization that has contracted with the | ||||||
| 18 | State to be available as a health care provider for employees | ||||||
| 19 | as defined in this Act. A unit of local government must remit | ||||||
| 20 | the entire cost of providing coverage under the health | ||||||
| 21 | benefits program established under this Section or, for | ||||||
| 22 | coverage under a health maintenance organization, an amount | ||||||
| 23 | determined by the Director based on an analysis of the sex, | ||||||
| 24 | age, geographic location, or other relevant demographic | ||||||
| 25 | variables for its employees, except that the unit of local | ||||||
| 26 | government shall not be required to enroll those of its | ||||||
| |||||||
| |||||||
| 1 | employees who are covered spouses or dependents under the | ||||||
| 2 | State group health benefits plan or another group policy or | ||||||
| 3 | plan providing health benefits as long as (1) an appropriate | ||||||
| 4 | official from the unit of local government attests that each | ||||||
| 5 | employee not enrolled is a covered spouse or dependent under | ||||||
| 6 | this plan or another group policy or plan, and (2) at least 50% | ||||||
| 7 | of the employees are enrolled and the unit of local government | ||||||
| 8 | remits the entire cost of providing coverage to those | ||||||
| 9 | employees, except that a participating school district must | ||||||
| 10 | have enrolled at least 50% of its full-time employees who have | ||||||
| 11 | not waived coverage under the district's group health plan by | ||||||
| 12 | participating in a component of the district's cafeteria plan. | ||||||
| 13 | A participating school district is not required to enroll a | ||||||
| 14 | full-time employee who has waived coverage under the | ||||||
| 15 | district's health plan, provided that an appropriate official | ||||||
| 16 | from the participating school district attests that the | ||||||
| 17 | full-time employee has waived coverage by participating in a | ||||||
| 18 | component of the district's cafeteria plan. For the purposes | ||||||
| 19 | of this subsection, "participating school district" includes a | ||||||
| 20 | unit of local government whose primary purpose is education as | ||||||
| 21 | defined by the Department's rules. | ||||||
| 22 | Employees of a participating unit of local government who | ||||||
| 23 | are not enrolled due to coverage under another group health | ||||||
| 24 | policy or plan may enroll in the event of a qualifying change | ||||||
| 25 | in status, special enrollment, special circumstance as defined | ||||||
| 26 | by the Director, or during the annual benefit choice period | ||||||
| |||||||
| |||||||
| 1 | Benefit Choice Period. A participating unit of local | ||||||
| 2 | government may also elect to cover its annuitants. Dependent | ||||||
| 3 | coverage shall be offered on an optional basis, with the costs | ||||||
| 4 | paid by the unit of local government, its employees, or some | ||||||
| 5 | combination of the two as determined by the unit of local | ||||||
| 6 | government. The unit of local government shall be responsible | ||||||
| 7 | for timely collection and transmission of dependent premiums. | ||||||
| 8 | The Director shall annually determine monthly rates of | ||||||
| 9 | payment, subject to the following constraints: | ||||||
| 10 | (1) In the first year of coverage, the rates shall be | ||||||
| 11 | equal to the amount normally charged to State employees | ||||||
| 12 | for elected optional coverages or for enrolled dependents | ||||||
| 13 | coverages or other contributory coverages, or contributed | ||||||
| 14 | by the State for basic insurance coverages on behalf of | ||||||
| 15 | its employees, adjusted for differences between State | ||||||
| 16 | employees and employees of the local government in age, | ||||||
| 17 | sex, geographic location or other relevant demographic | ||||||
| 18 | variables, plus an amount sufficient to pay for the | ||||||
| 19 | additional administrative costs of providing coverage to | ||||||
| 20 | employees of the unit of local government and their | ||||||
| 21 | dependents. | ||||||
| 22 | (2) In subsequent years, a further adjustment shall be | ||||||
| 23 | made to reflect the actual prior years' claims experience | ||||||
| 24 | of the employees of the unit of local government. | ||||||
| 25 | In the case of coverage of local government employees | ||||||
| 26 | under a health maintenance organization, the Director shall | ||||||
| |||||||
| |||||||
| 1 | annually determine for each participating unit of local | ||||||
| 2 | government the maximum monthly amount the unit may contribute | ||||||
| 3 | toward that coverage, based on an analysis of (i) the age, sex, | ||||||
| 4 | geographic location, and other relevant demographic variables | ||||||
| 5 | of the unit's employees and (ii) the cost to cover those | ||||||
| 6 | employees under the State group health benefits plan. The | ||||||
| 7 | Director may similarly determine the maximum monthly amount | ||||||
| 8 | each unit of local government may contribute toward coverage | ||||||
| 9 | of its employees' dependents under a health maintenance | ||||||
| 10 | organization. | ||||||
| 11 | Monthly payments by the unit of local government or its | ||||||
| 12 | employees for group health benefits plan or health maintenance | ||||||
| 13 | organization coverage shall be deposited into in the Local | ||||||
| 14 | Government Health Insurance Reserve Fund. | ||||||
| 15 | The Local Government Health Insurance Reserve Fund is | ||||||
| 16 | hereby created as a nonappropriated trust fund to be held | ||||||
| 17 | outside the State treasury Treasury, with the State Treasurer | ||||||
| 18 | as custodian. The Local Government Health Insurance Reserve | ||||||
| 19 | Fund shall be a continuing fund not subject to fiscal year | ||||||
| 20 | limitations. The Local Government Health Insurance Reserve | ||||||
| 21 | Fund is not subject to administrative charges or charge-backs, | ||||||
| 22 | including, but not limited to, those authorized under Section | ||||||
| 23 | 8h of the State Finance Act. All revenues arising from the | ||||||
| 24 | administration of the health benefits program established | ||||||
| 25 | under this Section shall be deposited into the Local | ||||||
| 26 | Government Health Insurance Reserve Fund. Any interest earned | ||||||
| |||||||
| |||||||
| 1 | on moneys in the Local Government Health Insurance Reserve | ||||||
| 2 | Fund shall be deposited into the Fund. All expenditures from | ||||||
| 3 | this Fund shall be used for payments for health care benefits | ||||||
| 4 | for local government and rehabilitation facility employees, | ||||||
| 5 | annuitants, and dependents, and to reimburse the Department or | ||||||
| 6 | its administrative service organization for all expenses | ||||||
| 7 | incurred in the administration of benefits. No other State | ||||||
| 8 | funds may be used for these purposes. | ||||||
| 9 | A local government employer's participation or desire to | ||||||
| 10 | participate in a program created under this subsection shall | ||||||
| 11 | not limit that employer's duty to bargain with the | ||||||
| 12 | representative of any collective bargaining unit of its | ||||||
| 13 | employees. | ||||||
| 14 | (j) Any rehabilitation facility within the State of | ||||||
| 15 | Illinois may apply to the Director to have its employees, | ||||||
| 16 | annuitants, and their eligible dependents provided group | ||||||
| 17 | health coverage under this Act on a non-insured basis. To | ||||||
| 18 | participate, a rehabilitation facility must agree to enroll | ||||||
| 19 | all of its employees and remit the entire cost of providing | ||||||
| 20 | such coverage for its employees, except that the | ||||||
| 21 | rehabilitation facility shall not be required to enroll those | ||||||
| 22 | of its employees who are covered spouses or dependents under | ||||||
| 23 | this plan or another group policy or plan providing health | ||||||
| 24 | benefits as long as (1) an appropriate official from the | ||||||
| 25 | rehabilitation facility attests that each employee not | ||||||
| 26 | enrolled is a covered spouse or dependent under this plan or | ||||||
| |||||||
| |||||||
| 1 | another group policy or plan, and (2) at least 50% of the | ||||||
| 2 | employees are enrolled and the rehabilitation facility remits | ||||||
| 3 | the entire cost of providing coverage to those employees. | ||||||
| 4 | Employees of a participating rehabilitation facility who are | ||||||
| 5 | not enrolled due to coverage under another group health policy | ||||||
| 6 | or plan may enroll in the event of a qualifying change in | ||||||
| 7 | status, special enrollment, special circumstance as defined by | ||||||
| 8 | the Director, or during the annual benefit choice period | ||||||
| 9 | Benefit Choice Period. A participating rehabilitation facility | ||||||
| 10 | may also elect to cover its annuitants. Dependent coverage | ||||||
| 11 | shall be offered on an optional basis, with the costs paid by | ||||||
| 12 | the rehabilitation facility, its employees, or some | ||||||
| 13 | combination of the 2 as determined by the rehabilitation | ||||||
| 14 | facility. The rehabilitation facility shall be responsible for | ||||||
| 15 | timely collection and transmission of dependent premiums. | ||||||
| 16 | The Director shall annually determine quarterly rates of | ||||||
| 17 | payment, subject to the following constraints: | ||||||
| 18 | (1) In the first year of coverage, the rates shall be | ||||||
| 19 | equal to the amount normally charged to State employees | ||||||
| 20 | for elected optional coverages or for enrolled dependents | ||||||
| 21 | coverages or other contributory coverages on behalf of its | ||||||
| 22 | employees, adjusted for differences between State | ||||||
| 23 | employees and employees of the rehabilitation facility in | ||||||
| 24 | age, sex, geographic location or other relevant | ||||||
| 25 | demographic variables, plus an amount sufficient to pay | ||||||
| 26 | for the additional administrative costs of providing | ||||||
| |||||||
| |||||||
| 1 | coverage to employees of the rehabilitation facility and | ||||||
| 2 | their dependents. | ||||||
| 3 | (2) In subsequent years, a further adjustment shall be | ||||||
| 4 | made to reflect the actual prior years' claims experience | ||||||
| 5 | of the employees of the rehabilitation facility. | ||||||
| 6 | Monthly payments by the rehabilitation facility or its | ||||||
| 7 | employees for group health benefits shall be deposited into in | ||||||
| 8 | the Local Government Health Insurance Reserve Fund. | ||||||
| 9 | (k) Any domestic violence shelter or service within the | ||||||
| 10 | State of Illinois may apply to the Director to have its | ||||||
| 11 | employees, annuitants, and their dependents provided group | ||||||
| 12 | health coverage under this Act on a non-insured basis. To | ||||||
| 13 | participate, a domestic violence shelter or service must agree | ||||||
| 14 | to enroll all of its employees and pay the entire cost of | ||||||
| 15 | providing such coverage for its employees. The domestic | ||||||
| 16 | violence shelter shall not be required to enroll those of its | ||||||
| 17 | employees who are covered spouses or dependents under this | ||||||
| 18 | plan or another group policy or plan providing health benefits | ||||||
| 19 | as long as (1) an appropriate official from the domestic | ||||||
| 20 | violence shelter attests that each employee not enrolled is a | ||||||
| 21 | covered spouse or dependent under this plan or another group | ||||||
| 22 | policy or plan and (2) at least 50% of the employees are | ||||||
| 23 | enrolled and the domestic violence shelter remits the entire | ||||||
| 24 | cost of providing coverage to those employees. Employees of a | ||||||
| 25 | participating domestic violence shelter who are not enrolled | ||||||
| 26 | due to coverage under another group health policy or plan may | ||||||
| |||||||
| |||||||
| 1 | enroll in the event of a qualifying change in status, special | ||||||
| 2 | enrollment, or special circumstance as defined by the Director | ||||||
| 3 | or during the annual benefit choice period Benefit Choice | ||||||
| 4 | Period. A participating domestic violence shelter may also | ||||||
| 5 | elect to cover its annuitants. Dependent coverage shall be | ||||||
| 6 | offered on an optional basis, with employees, or some | ||||||
| 7 | combination of the 2 as determined by the domestic violence | ||||||
| 8 | shelter or service. The domestic violence shelter or service | ||||||
| 9 | shall be responsible for timely collection and transmission of | ||||||
| 10 | dependent premiums. | ||||||
| 11 | The Director shall annually determine rates of payment, | ||||||
| 12 | subject to the following constraints: | ||||||
| 13 | (1) In the first year of coverage, the rates shall be | ||||||
| 14 | equal to the amount normally charged to State employees | ||||||
| 15 | for elected optional coverages or for enrolled dependents | ||||||
| 16 | coverages or other contributory coverages on behalf of its | ||||||
| 17 | employees, adjusted for differences between State | ||||||
| 18 | employees and employees of the domestic violence shelter | ||||||
| 19 | or service in age, sex, geographic location or other | ||||||
| 20 | relevant demographic variables, plus an amount sufficient | ||||||
| 21 | to pay for the additional administrative costs of | ||||||
| 22 | providing coverage to employees of the domestic violence | ||||||
| 23 | shelter or service and their dependents. | ||||||
| 24 | (2) In subsequent years, a further adjustment shall be | ||||||
| 25 | made to reflect the actual prior years' claims experience | ||||||
| 26 | of the employees of the domestic violence shelter or | ||||||
| |||||||
| |||||||
| 1 | service. | ||||||
| 2 | Monthly payments by the domestic violence shelter or | ||||||
| 3 | service or its employees for group health insurance shall be | ||||||
| 4 | deposited into in the Local Government Health Insurance | ||||||
| 5 | Reserve Fund. | ||||||
| 6 | (l) A public community college or entity organized | ||||||
| 7 | pursuant to the Public Community College Act may apply to the | ||||||
| 8 | Director initially to have only annuitants not covered prior | ||||||
| 9 | to July 1, 1992 by the district's health plan provided health | ||||||
| 10 | coverage under this Act on a non-insured basis. The community | ||||||
| 11 | college must execute a 2-year contract to participate in the | ||||||
| 12 | Local Government Health Plan. Any annuitant may enroll in the | ||||||
| 13 | event of a qualifying change in status, special enrollment, | ||||||
| 14 | special circumstance as defined by the Director, or during the | ||||||
| 15 | annual benefit choice period Benefit Choice Period. | ||||||
| 16 | The Director shall annually determine monthly rates of | ||||||
| 17 | payment subject to the following constraints: for those | ||||||
| 18 | community colleges with annuitants only enrolled, first year | ||||||
| 19 | rates shall be equal to the average cost to cover claims for a | ||||||
| 20 | State member adjusted for demographics, Medicare | ||||||
| 21 | participation, and other factors; and in the second year, a | ||||||
| 22 | further adjustment of rates shall be made to reflect the | ||||||
| 23 | actual first year's claims experience of the covered | ||||||
| 24 | annuitants. | ||||||
| 25 | (l-5) The provisions of subsection (l) become inoperative | ||||||
| 26 | on July 1, 1999. | ||||||
| |||||||
| |||||||
| 1 | (m) The Director shall adopt any rules deemed necessary | ||||||
| 2 | for implementation of this amendatory Act of 1989 (Public Act | ||||||
| 3 | 86-978). | ||||||
| 4 | (n) Any child advocacy center within the State of Illinois | ||||||
| 5 | may apply to the Director to have its employees, annuitants, | ||||||
| 6 | and their dependents provided group health coverage under this | ||||||
| 7 | Act on a non-insured basis. To participate, a child advocacy | ||||||
| 8 | center must agree to enroll all of its employees and pay the | ||||||
| 9 | entire cost of providing coverage for its employees. The child | ||||||
| 10 | advocacy center shall not be required to enroll those of its | ||||||
| 11 | employees who are covered spouses or dependents under this | ||||||
| 12 | plan or another group policy or plan providing health benefits | ||||||
| 13 | as long as (1) an appropriate official from the child advocacy | ||||||
| 14 | center attests that each employee not enrolled is a covered | ||||||
| 15 | spouse or dependent under this plan or another group policy or | ||||||
| 16 | plan and (2) at least 50% of the employees are enrolled and the | ||||||
| 17 | child advocacy center remits the entire cost of providing | ||||||
| 18 | coverage to those employees. Employees of a participating | ||||||
| 19 | child advocacy center who are not enrolled due to coverage | ||||||
| 20 | under another group health policy or plan may enroll in the | ||||||
| 21 | event of a qualifying change in status, special enrollment, or | ||||||
| 22 | special circumstance as defined by the Director or during the | ||||||
| 23 | annual benefit choice period Benefit Choice Period. A | ||||||
| 24 | participating child advocacy center may also elect to cover | ||||||
| 25 | its annuitants. Dependent coverage shall be offered on an | ||||||
| 26 | optional basis, with the costs paid by the child advocacy | ||||||
| |||||||
| |||||||
| 1 | center, its employees, or some combination of the 2 as | ||||||
| 2 | determined by the child advocacy center. The child advocacy | ||||||
| 3 | center shall be responsible for timely collection and | ||||||
| 4 | transmission of dependent premiums. | ||||||
| 5 | The Director shall annually determine rates of payment, | ||||||
| 6 | subject to the following constraints: | ||||||
| 7 | (1) In the first year of coverage, the rates shall be | ||||||
| 8 | equal to the amount normally charged to State employees | ||||||
| 9 | for elected optional coverages or for enrolled dependents | ||||||
| 10 | coverages or other contributory coverages on behalf of its | ||||||
| 11 | employees, adjusted for differences between State | ||||||
| 12 | employees and employees of the child advocacy center in | ||||||
| 13 | age, sex, geographic location, or other relevant | ||||||
| 14 | demographic variables, plus an amount sufficient to pay | ||||||
| 15 | for the additional administrative costs of providing | ||||||
| 16 | coverage to employees of the child advocacy center and | ||||||
| 17 | their dependents. | ||||||
| 18 | (2) In subsequent years, a further adjustment shall be | ||||||
| 19 | made to reflect the actual prior years' claims experience | ||||||
| 20 | of the employees of the child advocacy center. | ||||||
| 21 | Monthly payments by the child advocacy center or its | ||||||
| 22 | employees for group health insurance shall be deposited into | ||||||
| 23 | the Local Government Health Insurance Reserve Fund. | ||||||
| 24 | (Source: P.A. 102-19, eff. 7-1-21; revised 7-23-24.)
| ||||||
| 25 | Section 35. The State Employee Health Savings Account Law | ||||||
| |||||||
| |||||||
| 1 | is amended by changing Section 10-10 as follows:
| ||||||
| 2 | (5 ILCS 377/10-10) | ||||||
| 3 | Sec. 10-10. Application; authorized contributions. | ||||||
| 4 | (a) Beginning in calendar year 2012, each employer shall | ||||||
| 5 | make available to each eligible individual a health savings | ||||||
| 6 | account program, if that individual chooses to enroll in the | ||||||
| 7 | program except that, for an employer who provides coverage | ||||||
| 8 | pursuant to any one or more of subsections (i) through (n) of | ||||||
| 9 | Section 10 of the State Employees Group Insurance Act of 1971 | ||||||
| 10 | State Employee Group Insurance Act, that employer may make | ||||||
| 11 | available a health savings account program. An employer who | ||||||
| 12 | makes a health savings account program available shall | ||||||
| 13 | annually deposit an amount equal to one-third of the annual | ||||||
| 14 | deductible into an eligible individual's health savings | ||||||
| 15 | account. Unused funds in a health savings account shall become | ||||||
| 16 | the property of the account holder at the end of a taxable | ||||||
| 17 | year. | ||||||
| 18 | (b) Beginning in calendar year 2012, an eligible | ||||||
| 19 | individual may deposit contributions into a health savings | ||||||
| 20 | account in accordance with the restrictions set forth in | ||||||
| 21 | subsection (e) of Section 10-5. | ||||||
| 22 | (Source: P.A. 97-142, eff. 7-14-11; 97-644, eff. 12-30-11; | ||||||
| 23 | revised 7-23-24.)
| ||||||
| 24 | Section 40. The First Responders Suicide Prevention Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Section 40 as follows:
| ||||||
| 2 | (5 ILCS 840/40) | ||||||
| 3 | Sec. 40. Task Force recommendations. | ||||||
| 4 | (a) Task Force members shall recommend that agencies and | ||||||
| 5 | organizations guarantee access to mental health and wellness | ||||||
| 6 | services, including, but not limited to, peer support programs | ||||||
| 7 | and providing ongoing education related to the ever-evolving | ||||||
| 8 | concept of mental health wellness. These recommendations could | ||||||
| 9 | be accomplished by: | ||||||
| 10 | (1) Revising agencies' and organizations' employee | ||||||
| 11 | assistance programs (EAPs). | ||||||
| 12 | (2) Urging health care providers to replace outdated | ||||||
| 13 | healthcare plans and include more progressive options | ||||||
| 14 | catering to the needs and disproportionate risks | ||||||
| 15 | shouldered by our first responders. | ||||||
| 16 | (3) Allocating funding or resources for public service | ||||||
| 17 | announcements (PSA) and messaging campaigns aimed at | ||||||
| 18 | raising awareness of available assistance options. | ||||||
| 19 | (4) Encouraging agencies and organizations to attach | ||||||
| 20 | lists of all available resources to training manuals and | ||||||
| 21 | continuing education requirements. | ||||||
| 22 | (b) Task Force members shall recommend agencies and | ||||||
| 23 | organizations sponsor or facilitate first responders with | ||||||
| 24 | specialized training in the areas of psychological fitness, | ||||||
| 25 | depressive disorders, early detection, and mitigation best | ||||||
| |||||||
| |||||||
| 1 | practices. Such trainings could be accomplished by: | ||||||
| 2 | (1) Assigning, appointing, or designating one member | ||||||
| 3 | of an agency or organization to attend specialized | ||||||
| 4 | training(s) sponsored by an accredited agency, | ||||||
| 5 | association, or organization recognized in their fields of | ||||||
| 6 | study. | ||||||
| 7 | (2) Seeking sponsorships or conducting fund-raisers, | ||||||
| 8 | to host annual or semiannual on-site visits from qualified | ||||||
| 9 | clinicians or physicians to provide early detection | ||||||
| 10 | training techniques, or to provide regular access to | ||||||
| 11 | mental health professionals. | ||||||
| 12 | (3) Requiring a minimum number of hours of disorders | ||||||
| 13 | and wellness training be incorporated into reoccurring, | ||||||
| 14 | annual or biannual training standards, examinations, and | ||||||
| 15 | curriculums, taking into close consideration respective | ||||||
| 16 | agency or organization size, frequency, and number of all | ||||||
| 17 | current federal and state mandatory examinations and | ||||||
| 18 | trainings expected respectively. | ||||||
| 19 | (4) Not underestimating the crucial importance of a | ||||||
| 20 | balanced diet, sleep, mindfulness-based stress reduction | ||||||
| 21 | techniques, moderate and vigorous intensity activities, | ||||||
| 22 | and recreational hobbies, which have been scientifically | ||||||
| 23 | proven to play a major role in brain health and mental | ||||||
| 24 | wellness. | ||||||
| 25 | (c) Task Force members shall recommend that administrators | ||||||
| 26 | and leadership personnel solicit training services from | ||||||
| |||||||
| |||||||
| 1 | evidence-based, data driven organizations. Organizations with | ||||||
| 2 | personnel trained on the analytical review and interpretation | ||||||
| 3 | of specific fields related to the nature of first responders' | ||||||
| 4 | exploits, such as PTSD, substance abuse, and chronic state of | ||||||
| 5 | duress. Task Force members shall further recommend funding for | ||||||
| 6 | expansion and messaging campaigns of preliminary | ||||||
| 7 | self-diagnosing technologies like the one described above. | ||||||
| 8 | These objectives could be met by: | ||||||
| 9 | (1) Contacting an accredited agency, association, or | ||||||
| 10 | organization recognized in the field or fields of specific | ||||||
| 11 | study. Unbeknownst to the majority, many of the agencies | ||||||
| 12 | and organizations listed above receive grants and | ||||||
| 13 | allocations to assist communities with the very issues | ||||||
| 14 | being discussed in this Section. | ||||||
| 15 | (2) Normalizing help-seeking behaviors for both first | ||||||
| 16 | responders and their families through regular messaging | ||||||
| 17 | and peer support outreach, beginning with academy | ||||||
| 18 | curricula and continuing education throughout individuals' | ||||||
| 19 | careers. | ||||||
| 20 | (3) Funding and implementing PSA campaigns that | ||||||
| 21 | provide clear and concise calls to action about mental | ||||||
| 22 | health and wellness, resiliency, help-seeking, treatment, | ||||||
| 23 | and recovery. | ||||||
| 24 | (4) Promoting and raising awareness of not-for-profit | ||||||
| 25 | organizations currently available to assist individuals in | ||||||
| 26 | search of care and treatment. Organizations have intuitive | ||||||
| |||||||
| |||||||
| 1 | user-friendly sites, most of which have mobile | ||||||
| 2 | applications, so first responders can access at a moment's | ||||||
| 3 | notice. However, because of limited funds, these | ||||||
| 4 | organizations have a challenging time of getting the word | ||||||
| 5 | out there about their existence. | ||||||
| 6 | (5) Expanding Family and Medical Leave Act protections | ||||||
| 7 | for individuals voluntarily seeking preventative | ||||||
| 8 | treatment. | ||||||
| 9 | (6) Promoting and ensuring complete patient | ||||||
| 10 | confidentiality protections. | ||||||
| 11 | (d) Task Force members shall recommend that agencies and | ||||||
| 12 | organizations incorporate the following training components | ||||||
| 13 | into already existing modules and educational curriculums. | ||||||
| 14 | Doing so could be done by: | ||||||
| 15 | (1) Bolstering academy and school curricula by | ||||||
| 16 | requiring depressive disorder training catered to PTSD, | ||||||
| 17 | substance abuse, and early detection techniques training, | ||||||
| 18 | taking into close consideration respective agency or | ||||||
| 19 | organization size, and the frequency and number of all | ||||||
| 20 | current federal and state mandatory examinations and | ||||||
| 21 | trainings expected respectively. | ||||||
| 22 | (2) Continuing to allocate or match federal and state | ||||||
| 23 | funds to maintain Mobile Training Units (MTUs). | ||||||
| 24 | (3) Incorporating a state certificate for peer support | ||||||
| 25 | training into already existing statewide curriculums and | ||||||
| 26 | mandatory examinations, annual State Fire Marshal | ||||||
| |||||||
| |||||||
| 1 | examinations, and physical fitness examinations. The | ||||||
| 2 | subject matter of the certificate should have an emphasis | ||||||
| 3 | on mental health and wellness, as well as familiarization | ||||||
| 4 | with topics ranging from clinical social work, clinical | ||||||
| 5 | psychology, clinical behaviorist, and clinical psychiatry. | ||||||
| 6 | (4) Incorporating and performing statewide mental | ||||||
| 7 | health check-ins during the same times as already mandated | ||||||
| 8 | trainings. These checks are not to be compared or used as | ||||||
| 9 | measures of fitness for duty evaluations or structured | ||||||
| 10 | psychological examinations. | ||||||
| 11 | (5) Recommending comprehensive and evidence-based | ||||||
| 12 | training on the importance of preventative measures on the | ||||||
| 13 | topics of sleep, nutrition, mindfulness, and physical | ||||||
| 14 | movement. | ||||||
| 15 | (6) Law enforcement agencies should provide training | ||||||
| 16 | on the Firearm Owners Owner's Identification Card Act, | ||||||
| 17 | including seeking relief from the Illinois State Police | ||||||
| 18 | under Section 10 of the Firearm Owners Identification Card | ||||||
| 19 | Act and a FOID card being a continued condition of | ||||||
| 20 | employment under Section 7.2 of the Uniform Peace | ||||||
| 21 | Officers' Disciplinary Act. | ||||||
| 22 | (Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23; | ||||||
| 23 | 103-605, eff. 7-1-24; revised 10-23-24.)
| ||||||
| 24 | Section 45. The Election Code is amended by changing | ||||||
| 25 | Sections 16-3, 17-5, 17-12, and 28-3 and the heading of | ||||||
| |||||||
| |||||||
| 1 | Article 29 as follows:
| ||||||
| 2 | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3) | ||||||
| 3 | Sec. 16-3. (a) The names of all candidates to be voted for | ||||||
| 4 | in each election district or precinct shall be printed on one | ||||||
| 5 | ballot, except as is provided in Sections 16-6, 16-6.1, and | ||||||
| 6 | 21-1.01 of this Code and except as otherwise provided in this | ||||||
| 7 | Code with respect to the odd year regular elections and the | ||||||
| 8 | emergency referenda. The lettering of candidate names on a | ||||||
| 9 | ballot shall be in both capital and lowercase letters in | ||||||
| 10 | conformance with standard English language guidelines, unless | ||||||
| 11 | compliance is not feasible due to the election system utilized | ||||||
| 12 | by the election authority. All nominations of any political | ||||||
| 13 | party shall be placed under the party appellation or title of | ||||||
| 14 | such party as designated in the certificates of nomination or | ||||||
| 15 | petitions. The names of all independent candidates shall be | ||||||
| 16 | printed upon the ballot in a column or columns under the | ||||||
| 17 | heading "independent" arranged under the names or titles of | ||||||
| 18 | the respective offices for which such independent candidates | ||||||
| 19 | shall have been nominated and so far as practicable, the name | ||||||
| 20 | or names of any independent candidate or candidates for any | ||||||
| 21 | office shall be printed upon the ballot opposite the name or | ||||||
| 22 | names of any candidate or candidates for the same office | ||||||
| 23 | contained in any party column or columns upon said ballot. The | ||||||
| 24 | ballot shall contain no other names, except that in cases of | ||||||
| 25 | electors for President and Vice-President of the United | ||||||
| |||||||
| |||||||
| 1 | States, the names of the candidates for President and | ||||||
| 2 | Vice-President may be added to the party designation and words | ||||||
| 3 | calculated to aid the voter in his choice of candidates may be | ||||||
| 4 | added, such as "Vote for one," or "Vote for not more than | ||||||
| 5 | three"." If no candidate or candidates file for an office and | ||||||
| 6 | if no person or persons file a declaration as a write-in | ||||||
| 7 | candidate for that office, then below the title of that office | ||||||
| 8 | the election authority instead shall print "No Candidate". | ||||||
| 9 | When an electronic voting system is used which utilizes a | ||||||
| 10 | ballot label booklet, the candidates and questions shall | ||||||
| 11 | appear on the pages of such booklet in the order provided by | ||||||
| 12 | this Code; and, in any case where candidates for an office | ||||||
| 13 | appear on a page which does not contain the name of any | ||||||
| 14 | candidate for another office, and where less than 50% of the | ||||||
| 15 | page is utilized, the name of no candidate shall be printed on | ||||||
| 16 | the lowest 25% of such page. On the back or outside of the | ||||||
| 17 | ballot, so as to appear when folded, shall be printed the words | ||||||
| 18 | "Official Ballot", followed by the designation of the polling | ||||||
| 19 | place for which the ballot is prepared, the date of the | ||||||
| 20 | election and a facsimile of the signature of the election | ||||||
| 21 | authority who has caused the ballots to be printed. The | ||||||
| 22 | ballots shall be of plain white paper, through which the | ||||||
| 23 | printing or writing cannot be read. However, ballots for use | ||||||
| 24 | at the nonpartisan and consolidated elections may be printed | ||||||
| 25 | on different color paper, except blue paper, whenever | ||||||
| 26 | necessary or desirable to facilitate distinguishing between | ||||||
| |||||||
| |||||||
| 1 | ballots for different political subdivisions. In the case of | ||||||
| 2 | nonpartisan elections for officers of a political subdivision, | ||||||
| 3 | unless the statute or an ordinance adopted pursuant to Article | ||||||
| 4 | VII of the Constitution providing the form of government | ||||||
| 5 | therefor requires otherwise, the column listing such | ||||||
| 6 | nonpartisan candidates shall be printed with no appellation or | ||||||
| 7 | circle at its head. The party appellation or title, or the word | ||||||
| 8 | "independent" at the head of any column provided for | ||||||
| 9 | independent candidates, shall be printed in letters not less | ||||||
| 10 | than one-fourth of an inch in height and a circle one-half inch | ||||||
| 11 | in diameter shall be printed at the beginning of the line in | ||||||
| 12 | which such appellation or title is printed, provided, however, | ||||||
| 13 | that no such circle shall be printed at the head of any column | ||||||
| 14 | or columns provided for such independent candidates. The names | ||||||
| 15 | of candidates shall be printed in letters not less than | ||||||
| 16 | one-eighth nor more than one-fourth of an inch in height, and | ||||||
| 17 | at the beginning of each line in which a name of a candidate is | ||||||
| 18 | printed a square shall be printed, the sides of which shall be | ||||||
| 19 | not less than one-fourth of an inch in length. However, the | ||||||
| 20 | names of the candidates for Governor and Lieutenant Governor | ||||||
| 21 | on the same ticket shall be printed within a bracket and a | ||||||
| 22 | single square shall be printed in front of the bracket. The | ||||||
| 23 | list of candidates of the several parties and any such list of | ||||||
| 24 | independent candidates shall be placed in separate columns on | ||||||
| 25 | the ballot in such order as the election authorities charged | ||||||
| 26 | with the printing of the ballots shall decide; provided, that | ||||||
| |||||||
| |||||||
| 1 | the names of the candidates of the several political parties, | ||||||
| 2 | certified by the State Board of Elections to the several | ||||||
| 3 | county clerks shall be printed by the county clerk of the | ||||||
| 4 | proper county on the official ballot in the order certified by | ||||||
| 5 | the State Board of Elections. Any county clerk refusing, | ||||||
| 6 | neglecting or failing to print on the official ballot the | ||||||
| 7 | names of candidates of the several political parties in the | ||||||
| 8 | order certified by the State Board of Elections, and any | ||||||
| 9 | county clerk who prints or causes to be printed upon the | ||||||
| 10 | official ballot the name of a candidate, for an office to be | ||||||
| 11 | filled by the Electors of the entire State, whose name has not | ||||||
| 12 | been duly certified to him upon a certificate signed by the | ||||||
| 13 | State Board of Elections shall be guilty of a Class C | ||||||
| 14 | misdemeanor. | ||||||
| 15 | (b) When an electronic voting system is used which | ||||||
| 16 | utilizes a ballot card, on the inside flap of each ballot card | ||||||
| 17 | envelope there shall be printed a form for write-in voting | ||||||
| 18 | which shall be substantially as follows: | ||||||
| 19 | WRITE-IN VOTES | ||||||
| 20 | (See card of instructions for specific information. | ||||||
| 21 | Duplicate form below by hand for additional write-in votes.) | ||||||
| 22 | .............................
| ||||||
| 23 | Title of Office
| ||||||
| 24 | ( ) .............................
| ||||||
| 25 | Name of Candidate | ||||||
| 26 | Write-in lines equal to the number of candidates for which | ||||||
| |||||||
| |||||||
| 1 | a voter may vote shall be printed for an office only if one or | ||||||
| 2 | more persons filed declarations of intent to be write-in | ||||||
| 3 | candidates or qualify to file declarations to be write-in | ||||||
| 4 | candidates under Sections 17-16.1 and 18-9.1 when the | ||||||
| 5 | certification of ballot contains the words "OBJECTION | ||||||
| 6 | PENDING". | ||||||
| 7 | (c) When an electronic voting system is used which uses a | ||||||
| 8 | ballot sheet, the instructions to voters on the ballot sheet | ||||||
| 9 | shall refer the voter to the card of instructions for specific | ||||||
| 10 | information on write-in voting. Below each office appearing on | ||||||
| 11 | such ballot sheet there shall be a provision for the casting of | ||||||
| 12 | a write-in vote. Write-in lines equal to the number of | ||||||
| 13 | candidates for which a voter may vote shall be printed for an | ||||||
| 14 | office only if one or more persons filed declarations of | ||||||
| 15 | intent to be write-in candidates or qualify to file | ||||||
| 16 | declarations to be write-in candidates under Sections 17-16.1 | ||||||
| 17 | and 18-9.1 when the certification of ballot contains the words | ||||||
| 18 | "OBJECTION PENDING". | ||||||
| 19 | (d) When such electronic system is used, there shall be | ||||||
| 20 | printed on the back of each ballot card, each ballot card | ||||||
| 21 | envelope, and the first page of the ballot label when a ballot | ||||||
| 22 | label is used, the words "Official Ballot," followed by the | ||||||
| 23 | number of the precinct or other precinct identification, which | ||||||
| 24 | may be stamped, in lieu thereof and, as applicable, the number | ||||||
| 25 | and name of the township, ward or other election district for | ||||||
| 26 | which the ballot card, ballot card envelope, and ballot label | ||||||
| |||||||
| |||||||
| 1 | are prepared, the date of the election and a facsimile of the | ||||||
| 2 | signature of the election authority who has caused the ballots | ||||||
| 3 | to be printed. The back of the ballot card shall also include a | ||||||
| 4 | method of identifying the ballot configuration such as a | ||||||
| 5 | listing of the political subdivisions and districts for which | ||||||
| 6 | votes may be cast on that ballot, or a number code identifying | ||||||
| 7 | the ballot configuration or color coded ballots, except that | ||||||
| 8 | where there is only one ballot configuration in a precinct, | ||||||
| 9 | the precinct identification, and any applicable ward | ||||||
| 10 | identification, shall be sufficient. Ballot card envelopes | ||||||
| 11 | used in punch card systems shall be of paper through which no | ||||||
| 12 | writing or punches may be discerned and shall be of sufficient | ||||||
| 13 | length to enclose all voting positions. However, the election | ||||||
| 14 | authority may provide ballot card envelopes on which no | ||||||
| 15 | precinct number or township, ward or other election district | ||||||
| 16 | designation, or election date are preprinted, if space and a | ||||||
| 17 | preprinted form are provided below the space provided for the | ||||||
| 18 | names of write-in candidates where such information may be | ||||||
| 19 | entered by the judges of election. Whenever an election | ||||||
| 20 | authority utilizes ballot card envelopes on which the election | ||||||
| 21 | date and precinct is not preprinted, a judge of election shall | ||||||
| 22 | mark such information for the particular precinct and election | ||||||
| 23 | on the envelope in ink before tallying and counting any | ||||||
| 24 | write-in vote written thereon. If some method of insuring | ||||||
| 25 | ballot secrecy other than an envelope is used, such | ||||||
| 26 | information must be provided on the ballot itself. | ||||||
| |||||||
| |||||||
| 1 | (e) In the designation of the name of a candidate on the | ||||||
| 2 | ballot, the candidate's given name or names, initial or | ||||||
| 3 | initials, a nickname by which the candidate is commonly known, | ||||||
| 4 | or a combination thereof, may be used in addition to the | ||||||
| 5 | candidate's surname. If a candidate has changed his or her | ||||||
| 6 | name, whether by a statutory or common law procedure in | ||||||
| 7 | Illinois or any other jurisdiction, within 3 years before the | ||||||
| 8 | last day for filing the petition for nomination, nomination | ||||||
| 9 | papers, or certificate of nomination for that office, | ||||||
| 10 | whichever is applicable, then (i) the candidate's name on the | ||||||
| 11 | ballot must be followed by "formerly known as (list all prior | ||||||
| 12 | names during the 3-year period) until name changed on (list | ||||||
| 13 | date of each such name change)" and (ii) the petition, papers, | ||||||
| 14 | or certificate must be accompanied by the candidate's | ||||||
| 15 | affidavit stating the candidate's previous names during the | ||||||
| 16 | period specified in (i) and the date or dates each of those | ||||||
| 17 | names was changed; failure to meet these requirements shall be | ||||||
| 18 | grounds for denying certification of the candidate's name for | ||||||
| 19 | the ballot or removing the candidate's name from the ballot, | ||||||
| 20 | as appropriate, but these requirements do not apply to name | ||||||
| 21 | changes resulting from adoption to assume an adoptive parent's | ||||||
| 22 | or parents' surname, marriage or civil union to assume a | ||||||
| 23 | spouse's surname, or dissolution of marriage or civil union or | ||||||
| 24 | declaration of invalidity of marriage or civil union to assume | ||||||
| 25 | a former surname or a name change that conforms the | ||||||
| 26 | candidate's name to his or her gender identity. No other | ||||||
| |||||||
| |||||||
| 1 | designation such as a political slogan, title, or degree or | ||||||
| 2 | nickname suggesting or implying possession of a title, degree | ||||||
| 3 | or professional status, or similar information may be used in | ||||||
| 4 | connection with the candidate's surname. For purposes of this | ||||||
| 5 | Section, a "political slogan" is defined as any word or words | ||||||
| 6 | expressing or connoting a position, opinion, or belief that | ||||||
| 7 | the candidate may espouse, including, but not limited to, any | ||||||
| 8 | word or words conveying any meaning other than that of the | ||||||
| 9 | personal identity of the candidate. A candidate may not use a | ||||||
| 10 | political slogan as part of his or her name on the ballot, | ||||||
| 11 | notwithstanding that the political slogan may be part of the | ||||||
| 12 | candidate's name. | ||||||
| 13 | (f) The State Board of Elections, a local election | ||||||
| 14 | official, or an election authority shall remove any | ||||||
| 15 | candidate's name designation from a ballot that is | ||||||
| 16 | inconsistent with subsection (e) of this Section. In addition, | ||||||
| 17 | the State Board of Elections, a local election official, or an | ||||||
| 18 | election authority shall not certify to any election authority | ||||||
| 19 | any candidate name designation that is inconsistent with | ||||||
| 20 | subsection (e) of this Section. | ||||||
| 21 | (g) If the State Board of Elections, a local election | ||||||
| 22 | official, or an election authority removes a candidate's name | ||||||
| 23 | designation from a ballot under subsection (f) of this | ||||||
| 24 | Section, then the aggrieved candidate may seek appropriate | ||||||
| 25 | relief in circuit court. | ||||||
| 26 | Where voting machines or electronic voting systems are | ||||||
| |||||||
| |||||||
| 1 | used, the provisions of this Section may be modified as | ||||||
| 2 | required or authorized by Article 24 or Article 24A, whichever | ||||||
| 3 | is applicable. | ||||||
| 4 | Nothing in this Section shall prohibit election | ||||||
| 5 | authorities from using or reusing ballot card envelopes which | ||||||
| 6 | were printed before January 1, 1986 (the effective date of | ||||||
| 7 | Public Act 84-820). | ||||||
| 8 | (Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23; | ||||||
| 9 | 103-467, eff. 8-4-23; revised 7-23-24.)
| ||||||
| 10 | (10 ILCS 5/17-5) (from Ch. 46, par. 17-5) | ||||||
| 11 | Sec. 17-5. The manner of voting shall be by ballot. The | ||||||
| 12 | ballot shall be printed or written, or partly printed and | ||||||
| 13 | partly written, and shall be, except as otherwise provided in | ||||||
| 14 | Article 8A, in the form as prescribed in Article 16 of this | ||||||
| 15 | Act. | ||||||
| 16 | (Source: Laws 1964, 1st S.S., p. 711; revised 7-23-24.)
| ||||||
| 17 | (10 ILCS 5/17-12) (from Ch. 46, par. 17-12) | ||||||
| 18 | Sec. 17-12. The ballot shall be folded by the voter and | ||||||
| 19 | delivered to one of the judges of election; and if the judge is | ||||||
| 20 | be satisfied, that the person offering the vote is a legal | ||||||
| 21 | voter, the judges of election shall enter the name of the | ||||||
| 22 | voter, and his number, under the proper heading in the poll | ||||||
| 23 | books, (except as otherwise provided in Article Articles 4, 5, | ||||||
| 24 | or 6) and shall immediately put the ballot into the ballot box. | ||||||
| |||||||
| |||||||
| 1 | The voter shall in like manner fold and deliver the | ||||||
| 2 | separate blue ballot or ballots pertaining to a proposal or | ||||||
| 3 | proposals for constitutional amendments or the calling of a | ||||||
| 4 | constitutional convention, if such proposal or proposals have | ||||||
| 5 | been submitted to a vote of the people at such election and | ||||||
| 6 | shall also in like manner fold and deliver the separate | ||||||
| 7 | representative ballot provided for in Article 8A in cases | ||||||
| 8 | where that Article is applicable. The judge of election to | ||||||
| 9 | whom the voter delivers his ballots shall not accept the same | ||||||
| 10 | unless all of the ballots given to the voter are returned by | ||||||
| 11 | him. If a voter delivers less than all of the ballots given to | ||||||
| 12 | him, the judge to whom the same are offered shall advise him in | ||||||
| 13 | a voice clearly audible to the other judges of election that | ||||||
| 14 | the voter must return the remainder of the ballots. The | ||||||
| 15 | statement of the judge to the voter shall clearly express the | ||||||
| 16 | fact that the voter is not required to vote such remaining | ||||||
| 17 | ballots but that whether or not he votes them he must fold and | ||||||
| 18 | deliver them to the judge. In making such statement, the judge | ||||||
| 19 | of election shall not indicate by word, gesture, or intonation | ||||||
| 20 | of voice that the unreturned ballots shall be voted in any | ||||||
| 21 | particular manner. No new voter shall be permitted to enter | ||||||
| 22 | the voting booth of a voter who has failed to deliver the total | ||||||
| 23 | number of ballots received by him until such voter has | ||||||
| 24 | returned to the voting booth pursuant to the judge's request | ||||||
| 25 | and again quit the booth with all of the ballots required to be | ||||||
| 26 | returned by him. Upon receipt of all such ballots, the judges | ||||||
| |||||||
| |||||||
| 1 | of election shall enter the name of the voter, and his number, | ||||||
| 2 | as above provided in this Section section, and the judge to | ||||||
| 3 | whom the ballots are delivered shall immediately put the | ||||||
| 4 | ballots into the ballot box but, in the case of an election for | ||||||
| 5 | Representatives in the General Assembly pursuant to Article | ||||||
| 6 | 8A, the official representative ballot shall be placed in the | ||||||
| 7 | separate ballot box provided for such purpose. If any voter | ||||||
| 8 | who has failed to deliver all the ballots received by him | ||||||
| 9 | refuses to return to the voting booth after being advised by | ||||||
| 10 | the judge of election as herein provided, the judge shall | ||||||
| 11 | inform the other judges of such refusal, and thereupon the | ||||||
| 12 | ballot or ballots returned to the judge shall be deposited | ||||||
| 13 | into in the ballot box, the voter shall be permitted to depart | ||||||
| 14 | from the polling place, and a new voter shall be permitted to | ||||||
| 15 | enter the voting booth. | ||||||
| 16 | No judge of election shall accept from any voter less than | ||||||
| 17 | the full number of ballots received by such voter without | ||||||
| 18 | first advising the voter in the manner above provided of the | ||||||
| 19 | necessity of returning all of the ballots, nor shall any judge | ||||||
| 20 | advise such voter in a manner contrary to that which is herein | ||||||
| 21 | permitted, or in any other manner violate the provisions of | ||||||
| 22 | this Section section; provided that the acceptance by a judge | ||||||
| 23 | of election of less than the full number of ballots delivered | ||||||
| 24 | to a voter who refuses to return to the voting booth after | ||||||
| 25 | being properly advised by the judge shall not be a violation of | ||||||
| 26 | this Section section. | ||||||
| |||||||
| |||||||
| 1 | (Source: Laws 1964, 1st S.S., p. 711; revised 7-23-24.)
| ||||||
| 2 | (10 ILCS 5/28-3) (from Ch. 46, par. 28-3) | ||||||
| 3 | Sec. 28-3. Form of petition for public question. Petitions | ||||||
| 4 | for the submission of public questions shall consist of sheets | ||||||
| 5 | of uniform size and each sheet shall contain, above the space | ||||||
| 6 | for signature, an appropriate heading, giving the information | ||||||
| 7 | as to the question of public policy to be submitted, and | ||||||
| 8 | specifying the state at large or the political subdivision or | ||||||
| 9 | district or precinct or combination of precincts or other | ||||||
| 10 | territory in which it is to be submitted and, where by law the | ||||||
| 11 | public question must be submitted at a particular election, | ||||||
| 12 | the election at which it is to be submitted. In the case of a | ||||||
| 13 | petition for the submission of a public question described in | ||||||
| 14 | subsection (b) of Section 28-6, the heading shall also specify | ||||||
| 15 | the regular election at which the question is to be submitted | ||||||
| 16 | and include the precincts included in the territory concerning | ||||||
| 17 | which the public question is to be submitted, as well as a | ||||||
| 18 | common description of such territory in plain and nonlegal | ||||||
| 19 | language, such description to describe the territory by | ||||||
| 20 | reference to streets, natural or artificial landmarks, | ||||||
| 21 | addresses or any other method which would enable a voter | ||||||
| 22 | signing the petition to be informed of the territory | ||||||
| 23 | concerning which the question is to be submitted. The heading | ||||||
| 24 | of each sheet shall be the same. Such petition shall be signed | ||||||
| 25 | by the registered voters of the political subdivision or | ||||||
| |||||||
| |||||||
| 1 | district or precinct or combination of precincts in which the | ||||||
| 2 | question of public policy is to be submitted in their own | ||||||
| 3 | proper persons only, and opposite the signature of each signer | ||||||
| 4 | his residence address shall be written or printed, which | ||||||
| 5 | residence address shall include the street address or rural | ||||||
| 6 | route number of the signer, as the case may be, as well as the | ||||||
| 7 | signer's county, and city, village or town, and state; | ||||||
| 8 | provided that the county or city, village or town, and state of | ||||||
| 9 | residence of such electors may be printed on the petition | ||||||
| 10 | forms where all of the electors signing the petition reside in | ||||||
| 11 | the same county or city, village or town, and state. Standard | ||||||
| 12 | abbreviations may be used in writing the residence address, | ||||||
| 13 | including street number, if any. No signature shall be valid | ||||||
| 14 | or be counted in considering the validity or sufficiency of | ||||||
| 15 | such petition unless the requirements of this Section are | ||||||
| 16 | complied with. | ||||||
| 17 | At the bottom of each sheet of such petition shall be added | ||||||
| 18 | a circulator's statement, signed by a person 18 years of age or | ||||||
| 19 | older who is a citizen of the United States, stating the street | ||||||
| 20 | address or rural route number, as the case may be, as well as | ||||||
| 21 | the county, city, village or town, and state; certifying that | ||||||
| 22 | the signatures on that sheet of the petition were signed in his | ||||||
| 23 | or her presence and are genuine, and that to the best of his or | ||||||
| 24 | her knowledge and belief the persons so signing were at the | ||||||
| 25 | time of signing the petition registered voters of the | ||||||
| 26 | political subdivision or district or precinct or combination | ||||||
| |||||||
| |||||||
| 1 | of precincts in which the question of public policy is to be | ||||||
| 2 | submitted and that their respective residences are correctly | ||||||
| 3 | stated therein. Such statement shall be sworn to before some | ||||||
| 4 | officer authorized to administer oaths in this State. | ||||||
| 5 | Such sheets, before being filed with the proper officer or | ||||||
| 6 | board, shall be bound securely and numbered consecutively. The | ||||||
| 7 | sheets shall not be fastened by pasting them together end to | ||||||
| 8 | end, so as to form a continuous strip or roll. All petition | ||||||
| 9 | sheets which are filed with the proper local election | ||||||
| 10 | officials, election authorities or the State Board of | ||||||
| 11 | Elections shall be the original sheets which have been signed | ||||||
| 12 | by the voters and by the circulator, and not photocopies or | ||||||
| 13 | duplicates of such sheets. A petition, when presented or | ||||||
| 14 | filed, shall not be withdrawn, altered, or added to, and no | ||||||
| 15 | signature shall be revoked except by revocation in writing | ||||||
| 16 | presented or filed with the board or officer with whom the | ||||||
| 17 | petition is required to be presented or filed, and before the | ||||||
| 18 | presentment or filing of such petition, except as may | ||||||
| 19 | otherwise be provided in another statute which authorize the | ||||||
| 20 | public question. Whoever forges any name of a signer upon any | ||||||
| 21 | petition shall be deemed guilty of a forgery, and on | ||||||
| 22 | conviction thereof, shall be punished accordingly. | ||||||
| 23 | In addition to the foregoing requirements, a petition | ||||||
| 24 | proposing an amendment to Article IV of the Constitution | ||||||
| 25 | pursuant to Section 3 of Article XIV of the Constitution or a | ||||||
| 26 | petition proposing a question of public policy to be submitted | ||||||
| |||||||
| |||||||
| 1 | to the voters of the entire State shall be in conformity with | ||||||
| 2 | the requirements of Section 28-9 of this Article. | ||||||
| 3 | If multiple sets of petitions for submission of the same | ||||||
| 4 | public questions are filed, the State Board of Elections, | ||||||
| 5 | appropriate election authority or local election official | ||||||
| 6 | where the petitions are filed shall within 2 business days | ||||||
| 7 | notify the proponent of his or her multiple petition filings | ||||||
| 8 | and that proponent has 3 business days after receipt of the | ||||||
| 9 | notice to notify the State Board of Elections, appropriate | ||||||
| 10 | election authority or local election official that he or she | ||||||
| 11 | may cancel prior sets of petitions. If the proponent notifies | ||||||
| 12 | the State Board of Elections, appropriate election authority | ||||||
| 13 | or local election official, the last set of petitions filed | ||||||
| 14 | shall be the only petitions to be considered valid by the State | ||||||
| 15 | Board of Elections, appropriate election authority or local | ||||||
| 16 | election official. If the proponent fails to notify the State | ||||||
| 17 | Board of Elections, appropriate election authority or local | ||||||
| 18 | election official then only the first set of petitions filed | ||||||
| 19 | shall be valid and all subsequent petitions shall be void. | ||||||
| 20 | (Source: P.A. 98-756, eff. 7-16-14; revised 7-23-24.)
| ||||||
| 21 | (10 ILCS 5/Art. 29 heading) | ||||||
| 22 | ARTICLE 29. PROHIBITIONS AND PENALTIES . | ||||||
| 23 | Section 50. The Uniform Faithful Presidential Electors Act | ||||||
| 24 | is amended by changing Section 5-1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 22/5-1) | ||||||
| 2 | Sec. 5-1. Short title. This Article Act may be cited as the | ||||||
| 3 | Uniform Faithful Presidential Electors Act. As used in this | ||||||
| 4 | Article, "this Act" refers to this Article. | ||||||
| 5 | (Source: P.A. 103-600, eff. 7-1-24; revised 10-23-24.)
| ||||||
| 6 | Section 55. The Language Equity and Access Act is amended | ||||||
| 7 | by changing Section 10 as follows:
| ||||||
| 8 | (15 ILCS 56/10) | ||||||
| 9 | Sec. 10. Definitions. In this Act: | ||||||
| 10 | "Interpretation" means listening to a communication in one | ||||||
| 11 | language and orally converting it to another language in a | ||||||
| 12 | manner that preserves the intent and meaning of the original | ||||||
| 13 | message. | ||||||
| 14 | "Language assistance services" means oral and written | ||||||
| 15 | language services needed to assist LEP persons individuals to | ||||||
| 16 | communicate effectively with staff, and to provide LEP persons | ||||||
| 17 | individuals with meaningful access to, and equal opportunity | ||||||
| 18 | to participate fully in, the services, activities, or other | ||||||
| 19 | programs administered by the State. | ||||||
| 20 | "Limited English proficient (LEP) person" means an | ||||||
| 21 | individual who does not speak English as his or her primary | ||||||
| 22 | language and who has a limited ability to read, speak, write, | ||||||
| 23 | or understand English. | ||||||
| |||||||
| |||||||
| 1 | "Meaningful access" means language assistance that results | ||||||
| 2 | in accurate, timely, and effective communication at no cost to | ||||||
| 3 | limited English proficient persons. For LEP persons, | ||||||
| 4 | meaningful access denotes access that is not unreasonably | ||||||
| 5 | restricted, delayed, or inferior as compared to access to | ||||||
| 6 | programs or activities provided to English proficient persons | ||||||
| 7 | individuals. | ||||||
| 8 | "State agency" means an executive agency, department, | ||||||
| 9 | board, commission, or authority directly responsible to the | ||||||
| 10 | Governor. | ||||||
| 11 | "Translation" means the conversion of text from one | ||||||
| 12 | language to another in a written form to convey the intent and | ||||||
| 13 | essential meaning of the original text. | ||||||
| 14 | "Vital documents" means paper or electronic written | ||||||
| 15 | material that contains information that affects a person's | ||||||
| 16 | access to, retention of, termination of, or exclusion from | ||||||
| 17 | program services or benefits or is required by law. | ||||||
| 18 | (Source: P.A. 103-723, eff. 8-2-24; revised 10-23-24.)
| ||||||
| 19 | Section 60. The Illinois Identification Card Act is | ||||||
| 20 | amended by changing Sections 4, 5, and 12 as follows:
| ||||||
| 21 | (15 ILCS 335/4) | ||||||
| 22 | Sec. 4. Identification card. | ||||||
| 23 | (a) In accordance with the requirements of this Section, | ||||||
| 24 | the Secretary of State shall issue a standard Illinois | ||||||
| |||||||
| |||||||
| 1 | Identification Card, as well as a mobile Illinois | ||||||
| 2 | Identification Card, to any natural person who is a resident | ||||||
| 3 | of the State of Illinois who applies for such a card, or | ||||||
| 4 | renewal thereof. No identification card shall be issued to any | ||||||
| 5 | person who holds a valid foreign state identification card, | ||||||
| 6 | license, or permit unless the person first surrenders to the | ||||||
| 7 | Secretary of State the valid foreign state identification | ||||||
| 8 | card, license, or permit. The card shall be prepared and | ||||||
| 9 | supplied by the Secretary of State and shall include a | ||||||
| 10 | photograph and signature or mark of the applicant. However, | ||||||
| 11 | the Secretary of State may provide by rule for the issuance of | ||||||
| 12 | Illinois Identification Cards without photographs if the | ||||||
| 13 | applicant has a bona fide religious objection to being | ||||||
| 14 | photographed or to the display of his or her photograph. The | ||||||
| 15 | Illinois Identification Card may be used for identification | ||||||
| 16 | purposes in any lawful situation only by the person to whom it | ||||||
| 17 | was issued. As used in this Act, "photograph" means any color | ||||||
| 18 | photograph or digitally produced and captured image of an | ||||||
| 19 | applicant for an identification card. As used in this Act, | ||||||
| 20 | "signature" means the name of a person as written by that | ||||||
| 21 | person and captured in a manner acceptable to the Secretary of | ||||||
| 22 | State. | ||||||
| 23 | (a-5) If an applicant for an identification card has a | ||||||
| 24 | current driver's license or instruction permit issued by the | ||||||
| 25 | Secretary of State, the Secretary may require the applicant to | ||||||
| 26 | utilize the same residence address and name on the | ||||||
| |||||||
| |||||||
| 1 | identification card, driver's license, and instruction permit | ||||||
| 2 | records maintained by the Secretary. The Secretary may | ||||||
| 3 | promulgate rules to implement this provision. | ||||||
| 4 | (a-10) If the applicant is a judicial officer as defined | ||||||
| 5 | in Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
| 6 | the applicant may elect to have his or her office or work | ||||||
| 7 | address listed on the card instead of the applicant's | ||||||
| 8 | residence or mailing address. The Secretary may promulgate | ||||||
| 9 | rules to implement this provision. For the purposes of this | ||||||
| 10 | subsection (a-10), "peace officer" means any person who by | ||||||
| 11 | virtue of his or her office or public employment is vested by | ||||||
| 12 | law with a duty to maintain public order or to make arrests for | ||||||
| 13 | a violation of any penal statute of this State, whether that | ||||||
| 14 | duty extends to all violations or is limited to specific | ||||||
| 15 | violations. | ||||||
| 16 | (a-15) The Secretary of State may provide for an expedited | ||||||
| 17 | process for the issuance of an Illinois Identification Card. | ||||||
| 18 | The Secretary shall charge an additional fee for the expedited | ||||||
| 19 | issuance of an Illinois Identification Card, to be set by | ||||||
| 20 | rule, not to exceed $75. All fees collected by the Secretary | ||||||
| 21 | for expedited Illinois Identification Card service shall be | ||||||
| 22 | deposited into the Secretary of State Special Services Fund. | ||||||
| 23 | The Secretary may adopt rules regarding the eligibility, | ||||||
| 24 | process, and fee for an expedited Illinois Identification | ||||||
| 25 | Card. If the Secretary of State determines that the volume of | ||||||
| 26 | expedited identification card requests received on a given day | ||||||
| |||||||
| |||||||
| 1 | exceeds the ability of the Secretary to process those requests | ||||||
| 2 | in an expedited manner, the Secretary may decline to provide | ||||||
| 3 | expedited services, and the additional fee for the expedited | ||||||
| 4 | service shall be refunded to the applicant. | ||||||
| 5 | (a-20) The Secretary of State shall issue a standard | ||||||
| 6 | Illinois Identification Card to a person committed to the | ||||||
| 7 | Department of Corrections, the Department of Juvenile Justice, | ||||||
| 8 | a Federal Bureau of Prisons facility located in Illinois, or a | ||||||
| 9 | county jail or county department of corrections as follows: if | ||||||
| 10 | the person has a social security number, | ||||||
| 11 | (1) A committed person who has previously held an | ||||||
| 12 | Illinois Identification Card or an Illinois driver's | ||||||
| 13 | license shall submit an Identification Card verification | ||||||
| 14 | form to the Secretary of State, including a photograph | ||||||
| 15 | taken by the correctional facility, proof of residency | ||||||
| 16 | upon discharge, and a social security number, if the | ||||||
| 17 | committed person has a social security number. If the | ||||||
| 18 | committed person does not have a social security number | ||||||
| 19 | and is eligible for a social security number, the | ||||||
| 20 | Secretary of State shall not issue a standard Illinois | ||||||
| 21 | Identification Card until the committed person obtains a | ||||||
| 22 | social security number. If the committed person's | ||||||
| 23 | photograph and demographic information matches an existing | ||||||
| 24 | Illinois Identification Card or Illinois driver's license | ||||||
| 25 | and the Secretary of State verifies the applicant's social | ||||||
| 26 | security number with the Social Security Administration, | ||||||
| |||||||
| |||||||
| 1 | the Secretary of State shall issue the committed person a | ||||||
| 2 | standard Illinois Identification Card. If the photograph | ||||||
| 3 | or demographic information matches an existing Illinois | ||||||
| 4 | Identification Card or Illinois driver's license in | ||||||
| 5 | another person's name or identity, a standard Illinois | ||||||
| 6 | Identification Card shall not be issued until the | ||||||
| 7 | committed person submits a certified birth certificate and | ||||||
| 8 | social security card to the Secretary of State and the | ||||||
| 9 | Secretary of State verifies the identity of the committed | ||||||
| 10 | person. If the Secretary of State cannot find a match to an | ||||||
| 11 | existing Illinois Identification Card or Illinois driver's | ||||||
| 12 | license, the committed person may apply for a standard | ||||||
| 13 | Illinois Identification card as described in paragraph | ||||||
| 14 | (2). | ||||||
| 15 | (2) A committed person who has not previously held an | ||||||
| 16 | Illinois Identification Card or Illinois driver's license | ||||||
| 17 | or for whom a match cannot be found as described in | ||||||
| 18 | paragraph (1) shall submit an Illinois Identification Card | ||||||
| 19 | verification form, including a photograph taken by the | ||||||
| 20 | correctional facility, a certified birth certificate, | ||||||
| 21 | proof of residency upon discharge, and a social security | ||||||
| 22 | number, if the committed has a social security number. If | ||||||
| 23 | the committed person does not have a social security | ||||||
| 24 | number and is eligible for a social security number, the | ||||||
| 25 | Secretary of State shall not issue a standard Illinois | ||||||
| 26 | Identification Card until the committed person obtains a | ||||||
| |||||||
| |||||||
| 1 | social security number. If the Secretary of State verifies | ||||||
| 2 | the applicant's social security number with the Social | ||||||
| 3 | Security Administration, the Secretary of State shall | ||||||
| 4 | issue the committed person a standard Illinois | ||||||
| 5 | Identification Card. | ||||||
| 6 | The Illinois Identification Card verification form | ||||||
| 7 | described in this subsection shall be prescribed by the | ||||||
| 8 | Secretary of State. The Secretary of State and correctional | ||||||
| 9 | facilities in this State shall establish a secure method to | ||||||
| 10 | transfer the form. | ||||||
| 11 | (a-25) The Secretary of State shall issue a limited-term | ||||||
| 12 | Illinois Identification Card valid for 90 days to a committed | ||||||
| 13 | person upon release on parole, mandatory supervised release, | ||||||
| 14 | aftercare release, final discharge, or pardon from the | ||||||
| 15 | Department of Corrections, the Department of Juvenile Justice, | ||||||
| 16 | a Federal Bureau of Prisons facility located in Illinois, or a | ||||||
| 17 | county jail or county department of corrections, if the | ||||||
| 18 | released person does not obtain a standard Illinois | ||||||
| 19 | Identification Card as described in subsection (a-20) prior to | ||||||
| 20 | release but does present a Secretary of State prescribed | ||||||
| 21 | Identification Card verification form completed by the | ||||||
| 22 | correctional facility, verifying the released person's date of | ||||||
| 23 | birth, social security number, if the person has a social | ||||||
| 24 | security number, and his or her Illinois residence address. | ||||||
| 25 | The verification form must have been completed no more than 30 | ||||||
| 26 | days prior to the date of application for the Illinois | ||||||
| |||||||
| |||||||
| 1 | Identification Card. | ||||||
| 2 | Prior to the expiration of the 90-day period of the | ||||||
| 3 | limited-term Illinois Identification Card, if the released | ||||||
| 4 | person submits to the Secretary of State a certified copy of | ||||||
| 5 | his or her birth certificate and his or her social security | ||||||
| 6 | card, if the person has a social security number, or other | ||||||
| 7 | documents authorized by the Secretary, a standard Illinois | ||||||
| 8 | Identification Card shall be issued. A limited-term Illinois | ||||||
| 9 | Identification Card may not be renewed. | ||||||
| 10 | This subsection shall not apply to a released person who | ||||||
| 11 | was unable to obtain a standard Illinois Identification Card | ||||||
| 12 | because his or her photograph or demographic information | ||||||
| 13 | matched an existing Illinois Identification Card or Illinois | ||||||
| 14 | driver's license in another person's name or identity or to a | ||||||
| 15 | released person who does not have a social security number and | ||||||
| 16 | is eligible for a social security number. | ||||||
| 17 | (a-30) The Secretary of State shall issue a standard | ||||||
| 18 | Illinois Identification Card to a person upon conditional | ||||||
| 19 | release or absolute discharge from the custody of the | ||||||
| 20 | Department of Human Services, if the person presents a | ||||||
| 21 | certified copy of his or her birth certificate, social | ||||||
| 22 | security card, if the person has a social security number, or | ||||||
| 23 | other documents authorized by the Secretary, and a document | ||||||
| 24 | proving his or her Illinois residence address. The Secretary | ||||||
| 25 | of State shall issue a standard Illinois Identification Card | ||||||
| 26 | to a person prior to his or her conditional release or absolute | ||||||
| |||||||
| |||||||
| 1 | discharge if personnel from the Department of Human Services | ||||||
| 2 | bring the person to a Secretary of State location with the | ||||||
| 3 | required documents. Documents proving residence address may | ||||||
| 4 | include any official document of the Department of Human | ||||||
| 5 | Services showing the person's address after release and a | ||||||
| 6 | Secretary of State prescribed verification form, which may be | ||||||
| 7 | executed by personnel of the Department of Human Services. | ||||||
| 8 | (a-35) The Secretary of State shall issue a limited-term | ||||||
| 9 | Illinois Identification Card valid for 90 days to a person | ||||||
| 10 | upon conditional release or absolute discharge from the | ||||||
| 11 | custody of the Department of Human Services, if the person is | ||||||
| 12 | unable to present a certified copy of his or her birth | ||||||
| 13 | certificate and social security card, if the person has a | ||||||
| 14 | social security number, or other documents authorized by the | ||||||
| 15 | Secretary, but does present a Secretary of State prescribed | ||||||
| 16 | verification form completed by the Department of Human | ||||||
| 17 | Services, verifying the person's date of birth and social | ||||||
| 18 | security number, if the person has a social security number, | ||||||
| 19 | and a document proving his or her Illinois residence address. | ||||||
| 20 | The verification form must have been completed no more than 30 | ||||||
| 21 | days prior to the date of application for the Illinois | ||||||
| 22 | Identification Card. The Secretary of State shall issue a | ||||||
| 23 | limited-term Illinois Identification Card to a person no | ||||||
| 24 | sooner than 14 days prior to his or her conditional release or | ||||||
| 25 | absolute discharge if personnel from the Department of Human | ||||||
| 26 | Services bring the person to a Secretary of State location | ||||||
| |||||||
| |||||||
| 1 | with the required documents. Documents proving residence | ||||||
| 2 | address shall include any official document of the Department | ||||||
| 3 | of Human Services showing the person's address after release | ||||||
| 4 | and a Secretary of State prescribed verification form, which | ||||||
| 5 | may be executed by personnel of the Department of Human | ||||||
| 6 | Services. | ||||||
| 7 | (b) The Secretary of State shall issue a special Illinois | ||||||
| 8 | Identification Card, which shall be known as an Illinois | ||||||
| 9 | Person with a Disability Identification Card, to any natural | ||||||
| 10 | person who is a resident of the State of Illinois, who is a | ||||||
| 11 | person with a disability as defined in Section 4A of this Act, | ||||||
| 12 | who applies for such card, or renewal thereof. No Illinois | ||||||
| 13 | Person with a Disability Identification Card shall be issued | ||||||
| 14 | to any person who holds a valid foreign state identification | ||||||
| 15 | card, license, or permit unless the person first surrenders to | ||||||
| 16 | the Secretary of State the valid foreign state identification | ||||||
| 17 | card, license, or permit. The Secretary of State shall charge | ||||||
| 18 | no fee to issue such card. The card shall be prepared and | ||||||
| 19 | supplied by the Secretary of State, and shall include a | ||||||
| 20 | photograph and signature or mark of the applicant, a | ||||||
| 21 | designation indicating that the card is an Illinois Person | ||||||
| 22 | with a Disability Identification Card, and shall include a | ||||||
| 23 | comprehensible designation of the type and classification of | ||||||
| 24 | the applicant's disability as set out in Section 4A of this | ||||||
| 25 | Act. However, the Secretary of State may provide by rule for | ||||||
| 26 | the issuance of Illinois Person with a Disability | ||||||
| |||||||
| |||||||
| 1 | Identification Cards without photographs if the applicant has | ||||||
| 2 | a bona fide religious objection to being photographed or to | ||||||
| 3 | the display of his or her photograph. If the applicant so | ||||||
| 4 | requests, the card shall include a description of the | ||||||
| 5 | applicant's disability and any information about the | ||||||
| 6 | applicant's disability or medical history which the Secretary | ||||||
| 7 | determines would be helpful to the applicant in securing | ||||||
| 8 | emergency medical care. If a mark is used in lieu of a | ||||||
| 9 | signature, such mark shall be affixed to the card in the | ||||||
| 10 | presence of 2 two witnesses who attest to the authenticity of | ||||||
| 11 | the mark. The Illinois Person with a Disability Identification | ||||||
| 12 | Card may be used for identification purposes in any lawful | ||||||
| 13 | situation by the person to whom it was issued. | ||||||
| 14 | The Illinois Person with a Disability Identification Card | ||||||
| 15 | may be used as adequate documentation of disability in lieu of | ||||||
| 16 | a physician's determination of disability, a determination of | ||||||
| 17 | disability from a physician assistant, a determination of | ||||||
| 18 | disability from an advanced practice registered nurse, or any | ||||||
| 19 | other documentation of disability whenever any State law | ||||||
| 20 | requires that a person with a disability provide such | ||||||
| 21 | documentation of disability, however an Illinois Person with a | ||||||
| 22 | Disability Identification Card shall not qualify the | ||||||
| 23 | cardholder to participate in any program or to receive any | ||||||
| 24 | benefit which is not available to all persons with like | ||||||
| 25 | disabilities. Notwithstanding any other provisions of law, an | ||||||
| 26 | Illinois Person with a Disability Identification Card, or | ||||||
| |||||||
| |||||||
| 1 | evidence that the Secretary of State has issued an Illinois | ||||||
| 2 | Person with a Disability Identification Card, shall not be | ||||||
| 3 | used by any person other than the person named on such card to | ||||||
| 4 | prove that the person named on such card is a person with a | ||||||
| 5 | disability or for any other purpose unless the card is used for | ||||||
| 6 | the benefit of the person named on such card, and the person | ||||||
| 7 | named on such card consents to such use at the time the card is | ||||||
| 8 | so used. | ||||||
| 9 | An optometrist's determination of a visual disability | ||||||
| 10 | under Section 4A of this Act is acceptable as documentation | ||||||
| 11 | for the purpose of issuing an Illinois Person with a | ||||||
| 12 | Disability Identification Card. | ||||||
| 13 | When medical information is contained on an Illinois | ||||||
| 14 | Person with a Disability Identification Card, the Office of | ||||||
| 15 | the Secretary of State shall not be liable for any actions | ||||||
| 16 | taken based upon that medical information. | ||||||
| 17 | (c) The Secretary of State shall provide that each | ||||||
| 18 | original or renewal Illinois Identification Card or Illinois | ||||||
| 19 | Person with a Disability Identification Card issued to a | ||||||
| 20 | person under the age of 21 shall be of a distinct nature from | ||||||
| 21 | those Illinois Identification Cards or Illinois Person with a | ||||||
| 22 | Disability Identification Cards issued to individuals 21 years | ||||||
| 23 | of age or older. The color designated for Illinois | ||||||
| 24 | Identification Cards or Illinois Person with a Disability | ||||||
| 25 | Identification Cards for persons under the age of 21 shall be | ||||||
| 26 | at the discretion of the Secretary of State. | ||||||
| |||||||
| |||||||
| 1 | (c-1) Each original or renewal Illinois Identification | ||||||
| 2 | Card or Illinois Person with a Disability Identification Card | ||||||
| 3 | issued to a person under the age of 21 shall display the date | ||||||
| 4 | upon which the person becomes 18 years of age and the date upon | ||||||
| 5 | which the person becomes 21 years of age. | ||||||
| 6 | (c-3) The General Assembly recognizes the need to identify | ||||||
| 7 | military veterans living in this State for the purpose of | ||||||
| 8 | ensuring that they receive all of the services and benefits to | ||||||
| 9 | which they are legally entitled, including healthcare, | ||||||
| 10 | education assistance, and job placement. To assist the State | ||||||
| 11 | in identifying these veterans and delivering these vital | ||||||
| 12 | services and benefits, the Secretary of State is authorized to | ||||||
| 13 | issue Illinois Identification Cards and Illinois Person with a | ||||||
| 14 | Disability Identification Cards with the word "veteran" | ||||||
| 15 | appearing on the face of the cards. This authorization is | ||||||
| 16 | predicated on the unique status of veterans. The Secretary may | ||||||
| 17 | not issue any other identification card which identifies an | ||||||
| 18 | occupation, status, affiliation, hobby, or other unique | ||||||
| 19 | characteristics of the identification card holder which is | ||||||
| 20 | unrelated to the purpose of the identification card. | ||||||
| 21 | (c-5) Beginning on or before July 1, 2015, the Secretary | ||||||
| 22 | of State shall designate a space on each original or renewal | ||||||
| 23 | identification card where, at the request of the applicant, | ||||||
| 24 | the word "veteran" shall be placed. The veteran designation | ||||||
| 25 | shall be available to a person identified as a veteran under | ||||||
| 26 | subsection (b) of Section 5 of this Act who was discharged or | ||||||
| |||||||
| |||||||
| 1 | separated under honorable conditions. | ||||||
| 2 | (d) The Secretary of State may issue a Senior Citizen | ||||||
| 3 | discount card, to any natural person who is a resident of the | ||||||
| 4 | State of Illinois who is 60 years of age or older and who | ||||||
| 5 | applies for such a card or renewal thereof. The Secretary of | ||||||
| 6 | State shall charge no fee to issue such card. The card shall be | ||||||
| 7 | issued in every county and applications shall be made | ||||||
| 8 | available at, but not limited to, nutrition sites, senior | ||||||
| 9 | citizen centers and Area Agencies on Aging. The applicant, | ||||||
| 10 | upon receipt of such card and prior to its use for any purpose, | ||||||
| 11 | shall have affixed thereon in the space provided therefor his | ||||||
| 12 | signature or mark. | ||||||
| 13 | (e) The Secretary of State, in his or her discretion, may | ||||||
| 14 | designate on each Illinois Identification Card or Illinois | ||||||
| 15 | Person with a Disability Identification Card a space where the | ||||||
| 16 | card holder may place a sticker or decal, issued by the | ||||||
| 17 | Secretary of State, of uniform size as the Secretary may | ||||||
| 18 | specify, that shall indicate in appropriate language that the | ||||||
| 19 | card holder has renewed his or her Illinois Identification | ||||||
| 20 | Card or Illinois Person with a Disability Identification Card. | ||||||
| 21 | (f)(1) The Secretary of State may issue a mobile | ||||||
| 22 | identification card to an individual who is otherwise eligible | ||||||
| 23 | to hold a physical credential in addition to, and not instead | ||||||
| 24 | of, an identification card if the Secretary of State has | ||||||
| 25 | issued an identification card to the person. The data elements | ||||||
| 26 | that are used to build an electronic credential must match the | ||||||
| |||||||
| |||||||
| 1 | individual's current Department record. | ||||||
| 2 | (2) The Secretary may enter into agreements or contract | ||||||
| 3 | with an agency of the State, another state, the United States, | ||||||
| 4 | or a third party to facilitate the issuance, use, and | ||||||
| 5 | verification of a mobile identification card issued by the | ||||||
| 6 | Secretary or another state. | ||||||
| 7 | (3) Any mobile identification card issued by the Secretary | ||||||
| 8 | shall be in accordance with the most recent AAMVA standards. | ||||||
| 9 | (4) The Secretary shall design the mobile identification | ||||||
| 10 | card in a manner that allows the credential holder to maintain | ||||||
| 11 | physical possession of the device on which the mobile | ||||||
| 12 | identification card is accessed during verification. | ||||||
| 13 | (g) The verification process shall be implemented to | ||||||
| 14 | require: | ||||||
| 15 | (1) the relying parties to authenticate electronic | ||||||
| 16 | credentials in accordance with applicable AAMVA standards | ||||||
| 17 | prior to acceptance of the electronic credential; | ||||||
| 18 | (2) the Secretary to ensure that electronic credential | ||||||
| 19 | data is subject to all jurisdictional data security and | ||||||
| 20 | privacy protection laws and regulations; and | ||||||
| 21 | (3) the relying parties to request only electronic | ||||||
| 22 | credential data elements that are necessary to complete | ||||||
| 23 | the transaction for which data is being requested. | ||||||
| 24 | (h) Privacy and tracking of data shall be restricted by | ||||||
| 25 | implementing the following requirements: | ||||||
| 26 | (1) the relying parties shall retain only electronic | ||||||
| |||||||
| |||||||
| 1 | credential data elements for which the relying party | ||||||
| 2 | explicitly obtained consent from the electronic credential | ||||||
| 3 | holder and shall inform the electronic credential holder | ||||||
| 4 | of the use and retention period of the electronic data | ||||||
| 5 | elements; | ||||||
| 6 | (2) the Secretary shall use an electronic credential | ||||||
| 7 | system that is designed to maximize the privacy of the | ||||||
| 8 | credential holder in accordance with State and federal law | ||||||
| 9 | and shall not track or compile information without the | ||||||
| 10 | credential holder's consent; and | ||||||
| 11 | (3) the Department shall only compile and disclose | ||||||
| 12 | information regarding the use of the credential as | ||||||
| 13 | required by State or federal law. | ||||||
| 14 | (i)(1) The electronic credential holder shall be required | ||||||
| 15 | to have the holder's their physical credential on the holder's | ||||||
| 16 | their person for all purposes for which an identification card | ||||||
| 17 | is required. No person, public entity, private entity, or | ||||||
| 18 | agency shall establish a policy that requires an electronic | ||||||
| 19 | credential instead of a physical credential. | ||||||
| 20 | (2) Electronic credential systems shall be designed so | ||||||
| 21 | that there is no requirement for the electronic credential | ||||||
| 22 | holder to display or relinquish possession of the credential | ||||||
| 23 | holder's mobile device to relying parties for the acceptance | ||||||
| 24 | of an electronic credential. | ||||||
| 25 | (3) When required by law and upon request by law | ||||||
| 26 | enforcement, a credential holder must provide the credential | ||||||
| |||||||
| |||||||
| 1 | holder's physical credential. | ||||||
| 2 | (4) Any law or regulation that requires an individual to | ||||||
| 3 | surrender the individual's their physical credential to law | ||||||
| 4 | enforcement does not apply to the device on which an | ||||||
| 5 | electronic credential has been provisioned. | ||||||
| 6 | (j) A person may be required to produce when so requested a | ||||||
| 7 | physical identification card to a law enforcement officer, a | ||||||
| 8 | representative of a State or federal department or agency, or | ||||||
| 9 | a private entity and is subject to all applicable laws and | ||||||
| 10 | consequences for failure to produce such an identification | ||||||
| 11 | card. | ||||||
| 12 | (k) The Secretary of State shall adopt such rules as are | ||||||
| 13 | necessary to implement a mobile identification card. | ||||||
| 14 | (l) The display of a mobile identification card shall not | ||||||
| 15 | serve as consent or authorization for a law enforcement | ||||||
| 16 | officer, or any other person, to search, view, or access any | ||||||
| 17 | other data or application on the mobile device. If a person | ||||||
| 18 | presents the person's mobile device to a law enforcement | ||||||
| 19 | officer for purposes of displaying a mobile identification | ||||||
| 20 | card, the law enforcement officer shall promptly return the | ||||||
| 21 | mobile device to the person once the officer has had an | ||||||
| 22 | opportunity to verify the identity of the person. Except for | ||||||
| 23 | willful and wanton misconduct, any law enforcement officer, | ||||||
| 24 | court, or officer of the court presented with the device shall | ||||||
| 25 | be immune from any liability resulting from damage to the | ||||||
| 26 | mobile device. | ||||||
| |||||||
| |||||||
| 1 | (m) The fee to install the application to display a mobile | ||||||
| 2 | identification card as defined in this subsection shall not | ||||||
| 3 | exceed $6. | ||||||
| 4 | (n) As used in this Section: | ||||||
| 5 | "AAMVA" means the American Association of Motor Vehicle | ||||||
| 6 | Administrators. | ||||||
| 7 | "Credential" means a driver's license, learner's permit, | ||||||
| 8 | or identification card. | ||||||
| 9 | "Credential holder" means the individual to whom a mobile | ||||||
| 10 | driver's license or a mobile identification card is issued. | ||||||
| 11 | "Data element" means a distinct component of a customer's | ||||||
| 12 | information that is found on the Department's customer record. | ||||||
| 13 | "Department" means the Secretary of State Department of | ||||||
| 14 | Driver Services. | ||||||
| 15 | "Electronic credential" means an electronic extension of | ||||||
| 16 | the departmental issued physical credential that conveys | ||||||
| 17 | identity and complies with AAMVA's mobile driver license | ||||||
| 18 | Implementation guidelines and the ISO/IEC 18013-5 standard. | ||||||
| 19 | "Electronic credential system" means a digital process | ||||||
| 20 | that includes a method for provisioning electronic | ||||||
| 21 | credentials, requesting and transmitting electronic credential | ||||||
| 22 | data elements, and performing tasks to maintain the system. | ||||||
| 23 | "Full profile" means all the information provided on an | ||||||
| 24 | identification card. | ||||||
| 25 | "ISO" means the International Organization for | ||||||
| 26 | Standardization, which creates uniform processes and | ||||||
| |||||||
| |||||||
| 1 | procedures. | ||||||
| 2 | "Limited profile" means a portion of the information | ||||||
| 3 | provided on an Identification Card. | ||||||
| 4 | "Mobile identification card" means a data file that is | ||||||
| 5 | available on any mobile device that has connectivity to the | ||||||
| 6 | Internet through an application that allows the mobile device | ||||||
| 7 | to download the data file from the Secretary of State, that | ||||||
| 8 | contains all the data elements visible on the face and back of | ||||||
| 9 | an identification card, and that displays the current status | ||||||
| 10 | of the identification card. "Mobile identification card" does | ||||||
| 11 | not include a copy, photograph, or image of an Illinois | ||||||
| 12 | Identification Card that is not downloaded through the | ||||||
| 13 | application on a mobile device. | ||||||
| 14 | "Physical credential" means a Department-issued Department | ||||||
| 15 | issued document that conveys identity in accordance with the | ||||||
| 16 | Illinois Identification Card Act. | ||||||
| 17 | "Provision" means the initial loading of an electronic | ||||||
| 18 | credential onto a device. | ||||||
| 19 | "Relying party" means the entity to which the credential | ||||||
| 20 | holder presents the electronic credential. | ||||||
| 21 | "Verification process" means a method of authenticating | ||||||
| 22 | the electronic credential through the use of secured | ||||||
| 23 | encryption communication. | ||||||
| 24 | (o) (f) Upon providing the required documentation, at the | ||||||
| 25 | request of the applicant, the identification card may reflect | ||||||
| 26 | Gold Star Family designation. The Secretary shall designate a | ||||||
| |||||||
| |||||||
| 1 | space on each original or renewal of an identification card | ||||||
| 2 | for such designation. This designation shall be available to a | ||||||
| 3 | person eligible for Gold Star license plates under subsection | ||||||
| 4 | (f) of Section 6-106 of the Illinois Vehicle Code. | ||||||
| 5 | (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; | ||||||
| 6 | 103-345, eff. 1-1-24; 103-605, eff. 7-1-24; 103-782, eff. | ||||||
| 7 | 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised | ||||||
| 8 | 11-26-24.)
| ||||||
| 9 | (15 ILCS 335/5) | ||||||
| 10 | Sec. 5. Applications. | ||||||
| 11 | (a) Any natural person who is a resident of the State of | ||||||
| 12 | Illinois may file an application for an identification card, | ||||||
| 13 | or for the renewal thereof, in a manner prescribed by the | ||||||
| 14 | Secretary. Each original application shall be completed by the | ||||||
| 15 | applicant in full and shall set forth the legal name, | ||||||
| 16 | residence address and zip code, social security number, if the | ||||||
| 17 | person has a social security number, birth date, sex and a | ||||||
| 18 | brief description of the applicant. The applicant shall be | ||||||
| 19 | photographed, unless the Secretary of State has provided by | ||||||
| 20 | rule for the issuance of identification cards without | ||||||
| 21 | photographs and the applicant is deemed eligible for an | ||||||
| 22 | identification card without a photograph under the terms and | ||||||
| 23 | conditions imposed by the Secretary of State, and he or she | ||||||
| 24 | shall also submit any other information as the Secretary may | ||||||
| 25 | deem necessary or such documentation as the Secretary may | ||||||
| |||||||
| |||||||
| 1 | require to determine the identity of the applicant. In | ||||||
| 2 | addition to the residence address, the Secretary may allow the | ||||||
| 3 | applicant to provide a mailing address. If the applicant is an | ||||||
| 4 | employee of the Department of Children and Family Services | ||||||
| 5 | with a job title of "Child Protection Specialist Trainee", | ||||||
| 6 | "Child Protection Specialist", "Child Protection Advanced | ||||||
| 7 | Specialist", "Child Welfare Specialist Trainee", "Child | ||||||
| 8 | Welfare Specialist", or "Child Welfare Advanced Specialist" or | ||||||
| 9 | a judicial officer as defined in Section 1-10 of the Judicial | ||||||
| 10 | Privacy Act or a peace officer, the applicant may elect to have | ||||||
| 11 | his or her office or work address in lieu of the applicant's | ||||||
| 12 | residence or mailing address. An applicant for an Illinois | ||||||
| 13 | Person with a Disability Identification Card must also submit | ||||||
| 14 | with each original or renewal application, on forms prescribed | ||||||
| 15 | by the Secretary, such documentation as the Secretary may | ||||||
| 16 | require, establishing that the applicant is a "person with a | ||||||
| 17 | disability" as defined in Section 4A of this Act, and setting | ||||||
| 18 | forth the applicant's type and class of disability as set | ||||||
| 19 | forth in Section 4A of this Act. For the purposes of this | ||||||
| 20 | subsection (a), "peace officer" means any person who by virtue | ||||||
| 21 | of his or her office or public employment is vested by law with | ||||||
| 22 | a duty to maintain public order or to make arrests for a | ||||||
| 23 | violation of any penal statute of this State, whether that | ||||||
| 24 | duty extends to all violations or is limited to specific | ||||||
| 25 | violations. | ||||||
| 26 | (a-5) Upon the first issuance of a request for proposals | ||||||
| |||||||
| |||||||
| 1 | for a digital driver's license and identification card | ||||||
| 2 | issuance and facial recognition system issued after January 1, | ||||||
| 3 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
| 4 | implementation of a new or revised system procured pursuant to | ||||||
| 5 | that request for proposals, the Secretary shall permit | ||||||
| 6 | applicants to choose between "male", "female", or "non-binary" | ||||||
| 7 | when designating the applicant's sex on the identification | ||||||
| 8 | card application form. The sex designated by the applicant | ||||||
| 9 | shall be displayed on the identification card issued to the | ||||||
| 10 | applicant. | ||||||
| 11 | (b) Beginning on or before July 1, 2015, for each original | ||||||
| 12 | or renewal identification card application under this Act, the | ||||||
| 13 | Secretary shall inquire as to whether the applicant is a | ||||||
| 14 | veteran for purposes of issuing an identification card with a | ||||||
| 15 | veteran designation under subsection (c-5) of Section 4 of | ||||||
| 16 | this Act. The acceptable forms of proof shall include, but are | ||||||
| 17 | not limited to, Department of Defense form DD-214, Department | ||||||
| 18 | of Defense form DD-256 for applicants who did not receive a | ||||||
| 19 | form DD-214 upon the completion of initial basic training, | ||||||
| 20 | Department of Defense form DD-2 (Retired), an identification | ||||||
| 21 | card issued under the federal Veterans Identification Card Act | ||||||
| 22 | of 2015, or a United States Department of Veterans Affairs | ||||||
| 23 | summary of benefits letter. If the document cannot be stamped, | ||||||
| 24 | the Illinois Department of Veterans' Affairs shall provide a | ||||||
| 25 | certificate to the veteran to provide to the Secretary of | ||||||
| 26 | State. The Illinois Department of Veterans' Affairs shall | ||||||
| |||||||
| |||||||
| 1 | advise the Secretary as to what other forms of proof of a | ||||||
| 2 | person's status as a veteran are acceptable. | ||||||
| 3 | For each applicant who is issued an identification card | ||||||
| 4 | with a veteran designation, the Secretary shall provide the | ||||||
| 5 | Department of Veterans' Affairs with the applicant's name, | ||||||
| 6 | address, date of birth, gender, and such other demographic | ||||||
| 7 | information as agreed to by the Secretary and the Department. | ||||||
| 8 | The Department may take steps necessary to confirm the | ||||||
| 9 | applicant is a veteran. If after due diligence, including | ||||||
| 10 | writing to the applicant at the address provided by the | ||||||
| 11 | Secretary, the Department is unable to verify the applicant's | ||||||
| 12 | veteran status, the Department shall inform the Secretary, who | ||||||
| 13 | shall notify the applicant that he or she must confirm status | ||||||
| 14 | as a veteran, or the identification card will be canceled | ||||||
| 15 | cancelled. | ||||||
| 16 | For purposes of this subsection (b): | ||||||
| 17 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 18 | States, including a member of any reserve component or | ||||||
| 19 | National Guard unit. | ||||||
| 20 | "Veteran" means a person who has served in the armed | ||||||
| 21 | forces and was discharged or separated under honorable | ||||||
| 22 | conditions. | ||||||
| 23 | (b-1) An applicant who is eligible for Gold Star license | ||||||
| 24 | plates under Section 3-664 of the Illinois Vehicle Code may | ||||||
| 25 | apply for an identification card with space for a designation | ||||||
| 26 | as a Gold Star Family. The Secretary may waive any fee for this | ||||||
| |||||||
| |||||||
| 1 | application. If the Secretary does not waive the fee, any fee | ||||||
| 2 | charged to the applicant must be deposited into the Illinois | ||||||
| 3 | Veterans Assistance Fund. The Secretary is authorized to issue | ||||||
| 4 | rules to implement this subsection. | ||||||
| 5 | (c) All applicants for REAL ID compliant standard Illinois | ||||||
| 6 | Identification Cards and Illinois Person with a Disability | ||||||
| 7 | Identification Cards shall provide proof of lawful status in | ||||||
| 8 | the United States as defined in 6 CFR 37.3, as amended. | ||||||
| 9 | Applicants who are unable to provide the Secretary with proof | ||||||
| 10 | of lawful status are ineligible for REAL ID compliant | ||||||
| 11 | identification cards under this Act. | ||||||
| 12 | (d) The Secretary of State may accept, as proof of date of | ||||||
| 13 | birth and written signature for any applicant for a standard | ||||||
| 14 | identification card who does not have a social security number | ||||||
| 15 | or documentation issued by the United States Department of | ||||||
| 16 | Homeland Security authorizing the applicant's presence in this | ||||||
| 17 | country, any passport validly issued to the applicant from the | ||||||
| 18 | applicant's country of citizenship or a consular | ||||||
| 19 | identification document validly issued to the applicant by a | ||||||
| 20 | consulate of that country as defined in Section 5 of the | ||||||
| 21 | Consular Identification Document Act. Any such documents must | ||||||
| 22 | be either unexpired or presented by an applicant within 2 | ||||||
| 23 | years of its expiration date. | ||||||
| 24 | (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; | ||||||
| 25 | 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; revised 12-1-24.)
| ||||||
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| 1 | (15 ILCS 335/12) (from Ch. 124, par. 32) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | Sec. 12. Fees concerning standard Illinois Identification | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | Cards. The fees required under this Act for standard Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | Identification Cards must accompany any application provided | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | for in this Act, and the Secretary shall collect such fees as | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | follows: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| 8 | All fees collected under this Act shall be paid into the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | Road Fund of the State treasury, except that the following | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | amounts shall be paid into the General Revenue Fund: (i) 80% of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | the fee for an original, renewal, or duplicate Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | Identification Card issued on or after January 1, 2005; and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | (ii) 80% of the fee for a corrected Illinois Identification | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | Card issued on or after January 1, 2005. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | An individual, who resides in a veterans home or veterans | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | hospital operated by the State or federal government, who | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | makes an application for an Illinois Identification Card to be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | issued at no fee, must submit, along with the application, an | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | affirmation by the applicant on a form provided by the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | Secretary of State, that such person resides in a veterans | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | home or veterans hospital operated by the State or federal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | government. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | The application of a homeless individual for an Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | Identification Card to be issued at no fee must be accompanied | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | by an affirmation by a qualified person, as defined in Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | 4C of this Act, on a form provided by the Secretary of State, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | that the applicant is currently homeless as defined in Section | ||||||
| 2 | 1A of this Act. | ||||||
| 3 | For the application for the first Illinois Identification | ||||||
| 4 | Card of a youth for whom the Department of Children and Family | ||||||
| 5 | Services is legally responsible or a foster child to be issued | ||||||
| 6 | at no fee, the youth must submit, along with the application, | ||||||
| 7 | an affirmation by his or her court appointed attorney or an | ||||||
| 8 | employee of the Department of Children and Family Services on | ||||||
| 9 | a form provided by the Secretary of State, that the person is a | ||||||
| 10 | youth for whom the Department of Children and Family Services | ||||||
| 11 | is legally responsible or a foster child. | ||||||
| 12 | The fee for any duplicate identification card shall be | ||||||
| 13 | waived for any person who presents the Secretary of State's | ||||||
| 14 | Office with a police report showing that his or her | ||||||
| 15 | identification card was stolen. | ||||||
| 16 | The fee for any duplicate identification card shall be | ||||||
| 17 | waived for any person age 60 or older whose identification | ||||||
| 18 | card has been lost or stolen. | ||||||
| 19 | As used in this Section, "active-duty member of the United | ||||||
| 20 | States Armed Forces" means a member of the Armed Services or | ||||||
| 21 | Reserve Forces of the United States or a member of the Illinois | ||||||
| 22 | National Guard who is called to active duty pursuant to an | ||||||
| 23 | executive order of the President of the United States, an act | ||||||
| 24 | of the Congress of the United States, or an order of the | ||||||
| 25 | Governor. | ||||||
| 26 | (Source: P.A. 103-782, eff. 8-6-24; revised 10-21-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 65. The State Treasurer Act is amended by changing | ||||||
| 2 | Section 16.8 as follows:
| ||||||
| 3 | (15 ILCS 505/16.8) | ||||||
| 4 | Sec. 16.8. Illinois Higher Education Savings Program. | ||||||
| 5 | (a) Definitions. As used in this Section: | ||||||
| 6 | "Beneficiary" means an eligible child named as a recipient | ||||||
| 7 | of seed funds. | ||||||
| 8 | "Eligible child" means a child born or adopted after | ||||||
| 9 | December 31, 2022, to a parent who is a resident of Illinois at | ||||||
| 10 | the time of the birth or adoption, as evidenced by | ||||||
| 11 | documentation received by the State Treasurer from the | ||||||
| 12 | Department of Revenue, the Department of Public Health, | ||||||
| 13 | another State or local government agency, or a parent or legal | ||||||
| 14 | guardian of the child. | ||||||
| 15 | "Eligible educational institution" means institutions that | ||||||
| 16 | are described in Section 1001 of the federal Higher Education | ||||||
| 17 | Act of 1965 that are eligible to participate in Department of | ||||||
| 18 | Education student aid programs. | ||||||
| 19 | "Fund" means the Illinois Higher Education Savings Program | ||||||
| 20 | Fund. | ||||||
| 21 | "Omnibus account" means the pooled collection of seed | ||||||
| 22 | funds owned and managed by the State Treasurer in the College | ||||||
| 23 | Savings Pool under this Act. | ||||||
| 24 | "Program" means the Illinois Higher Education Savings | ||||||
| |||||||
| |||||||
| 1 | Program. | ||||||
| 2 | "Qualified higher education expense" means the following: | ||||||
| 3 | (i) tuition, fees, and the costs of books, supplies, and | ||||||
| 4 | equipment required for enrollment or attendance at an eligible | ||||||
| 5 | educational institution; (ii) expenses for special needs | ||||||
| 6 | services, in the case of a special needs beneficiary, which | ||||||
| 7 | are incurred in connection with such enrollment or attendance; | ||||||
| 8 | (iii) certain expenses for the purchase of computer or | ||||||
| 9 | peripheral equipment, computer software, or Internet access | ||||||
| 10 | and related services as defined under Section 529 of the | ||||||
| 11 | Internal Revenue Code; (iv) room and board expenses incurred | ||||||
| 12 | while attending an eligible educational institution at least | ||||||
| 13 | half-time; (v) expenses for fees, books, supplies, and | ||||||
| 14 | equipment required for the participation of a designated | ||||||
| 15 | beneficiary in an apprenticeship program registered and | ||||||
| 16 | certified with the Secretary of Labor under the National | ||||||
| 17 | Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as | ||||||
| 18 | principal or interest on any qualified education loan of the | ||||||
| 19 | designated beneficiary or a sibling of the designated | ||||||
| 20 | beneficiary, as allowed under Section 529 of the Internal | ||||||
| 21 | Revenue Code. | ||||||
| 22 | "Seed funds" means the deposit made by the State Treasurer | ||||||
| 23 | into the Omnibus Accounts for Program beneficiaries. | ||||||
| 24 | (b) Program established. The State Treasurer shall | ||||||
| 25 | establish the Illinois Higher Education Savings Program as a | ||||||
| 26 | part of the College Savings Pool under Section 16.5 of this | ||||||
| |||||||
| |||||||
| 1 | Act, subject to appropriation by the General Assembly. The | ||||||
| 2 | State Treasurer shall administer the Program for the purposes | ||||||
| 3 | of expanding access to higher education through savings. | ||||||
| 4 | (c) Program enrollment. The State Treasurer shall enroll | ||||||
| 5 | all eligible children in the Program beginning in 2023, after | ||||||
| 6 | receiving records of recent births, adoptions, or dependents | ||||||
| 7 | from the Department of Revenue, the Department of Public | ||||||
| 8 | Health, another State or local government agency designated by | ||||||
| 9 | the State Treasurer, or documentation as may be required by | ||||||
| 10 | the State Treasurer from a parent or legal guardian of the | ||||||
| 11 | eligible child. Notwithstanding any court order which would | ||||||
| 12 | otherwise prevent the release of information, the Department | ||||||
| 13 | of Public Health is authorized to release the information | ||||||
| 14 | specified under this subsection (c) to the State Treasurer for | ||||||
| 15 | the purposes of the Program established under this Section. | ||||||
| 16 | (1) Beginning in 2021, the Department of Public Health | ||||||
| 17 | shall provide the State Treasurer with information on | ||||||
| 18 | recent Illinois births and adoptions including, but not | ||||||
| 19 | limited to: the full name, residential address, birth | ||||||
| 20 | date, and birth record number of the child and the full | ||||||
| 21 | name and residential address of the child's parent or | ||||||
| 22 | legal guardian for the purpose of enrolling eligible | ||||||
| 23 | children in the Program. This data shall be provided to | ||||||
| 24 | the State Treasurer by the Department of Public Health on | ||||||
| 25 | a quarterly basis, no later than 30 days after the end of | ||||||
| 26 | each quarter, or some other date and frequency as mutually | ||||||
| |||||||
| |||||||
| 1 | agreed to by the State Treasurer and the Department of | ||||||
| 2 | Public Health. | ||||||
| 3 | (1.5) Beginning in 2021, the Department of Revenue | ||||||
| 4 | shall provide the State Treasurer with information on tax | ||||||
| 5 | filers claiming dependents or the adoption tax credit, | ||||||
| 6 | including, but not limited to: the full name, residential | ||||||
| 7 | address, email address, phone number, birth date, and | ||||||
| 8 | social security number or taxpayer identification number | ||||||
| 9 | of the dependent child and of the child's parent or legal | ||||||
| 10 | guardian for the purpose of enrolling eligible children in | ||||||
| 11 | the Program. Beginning July 1, 2024, the Department of | ||||||
| 12 | Revenue shall provide the State Treasurer with the | ||||||
| 13 | adjusted gross income of tax filers claiming dependents or | ||||||
| 14 | the adoption tax credit. This data shall be provided to | ||||||
| 15 | the State Treasurer by the Department of Revenue on at | ||||||
| 16 | least an annual basis, by July 1 of each year or another | ||||||
| 17 | date jointly determined by the State Treasurer and the | ||||||
| 18 | Department of Revenue. Notwithstanding anything to the | ||||||
| 19 | contrary contained within this paragraph (2), the | ||||||
| 20 | Department of Revenue shall not be required to share any | ||||||
| 21 | information that would be contrary to federal law, | ||||||
| 22 | regulation, or Internal Revenue Service Publication 1075. | ||||||
| 23 | (2) The State Treasurer shall ensure the security and | ||||||
| 24 | confidentiality of the information provided by the | ||||||
| 25 | Department of Revenue, the Department of Public Health, or | ||||||
| 26 | another State or local government agency, and it shall not | ||||||
| |||||||
| |||||||
| 1 | be subject to release under the Freedom of Information | ||||||
| 2 | Act. | ||||||
| 3 | (3) Information provided under this Section shall only | ||||||
| 4 | be used by the State Treasurer for the Program and shall | ||||||
| 5 | not be used for any other purpose. | ||||||
| 6 | (4) The State Treasurer and any vendors working on the | ||||||
| 7 | Program shall maintain strict confidentiality of any | ||||||
| 8 | information provided under this Section, and shall | ||||||
| 9 | promptly provide written or electronic notice to the | ||||||
| 10 | providing agency of any security breach. The providing | ||||||
| 11 | State or local government agency shall remain the sole and | ||||||
| 12 | exclusive owner of information provided under this | ||||||
| 13 | Section. | ||||||
| 14 | (d) Seed funds. After receiving information on recent | ||||||
| 15 | births, adoptions, or dependents from the Department of | ||||||
| 16 | Revenue, the Department of Public Health, another State or | ||||||
| 17 | local government agency, or documentation as may be required | ||||||
| 18 | by the State Treasurer from a parent or legal guardian of the | ||||||
| 19 | eligible child, the State Treasurer shall make deposits into | ||||||
| 20 | an omnibus account on behalf of eligible children. The State | ||||||
| 21 | Treasurer shall be the owner of the omnibus accounts. | ||||||
| 22 | (1) Deposit amount. The seed fund deposit for each | ||||||
| 23 | eligible child shall be in the amount of $50. This amount | ||||||
| 24 | may be increased by the State Treasurer by rule. The State | ||||||
| 25 | Treasurer may use or deposit funds appropriated by the | ||||||
| 26 | General Assembly together with moneys received as gifts, | ||||||
| |||||||
| |||||||
| 1 | grants, or contributions into the Fund. If insufficient | ||||||
| 2 | funds are available in the Fund, the State Treasurer may | ||||||
| 3 | reduce the deposit amount or forgo forego deposits. | ||||||
| 4 | (2) Use of seed funds. Seed funds, including any | ||||||
| 5 | interest, dividends, and other earnings accrued, will be | ||||||
| 6 | eligible for use by a beneficiary for qualified higher | ||||||
| 7 | education expenses if: | ||||||
| 8 | (A) the parent or guardian of the eligible child | ||||||
| 9 | claimed the seed funds for the beneficiary by the | ||||||
| 10 | beneficiary's 10th birthday; | ||||||
| 11 | (B) the beneficiary has completed secondary | ||||||
| 12 | education or has reached the age of 18; and | ||||||
| 13 | (C) the beneficiary is currently a resident of the | ||||||
| 14 | State of Illinois. Non-residents are not eligible to | ||||||
| 15 | claim or use seed funds. | ||||||
| 16 | (3) Notice of seed fund availability. The State | ||||||
| 17 | Treasurer shall make a good faith effort to notify | ||||||
| 18 | beneficiaries and their parents or legal guardians of the | ||||||
| 19 | seed funds' availability and the deadline to claim such | ||||||
| 20 | funds. | ||||||
| 21 | (4) Unclaimed seed funds. Seed funds and any interest | ||||||
| 22 | earnings that are unclaimed by the beneficiary's 10th | ||||||
| 23 | birthday or unused by the beneficiary's 26th birthday will | ||||||
| 24 | be considered forfeited. Unclaimed and unused seed funds | ||||||
| 25 | and any interest earnings will remain in the omnibus | ||||||
| 26 | account for future beneficiaries. | ||||||
| |||||||
| |||||||
| 1 | (e) Financial education. The State Treasurer may develop | ||||||
| 2 | educational materials that support the financial literacy of | ||||||
| 3 | beneficiaries and their legal guardians, and may do so in | ||||||
| 4 | collaboration with State and federal agencies, including, but | ||||||
| 5 | not limited to, the Illinois State Board of Education and | ||||||
| 6 | existing nonprofit agencies with expertise in financial | ||||||
| 7 | literacy and education. | ||||||
| 8 | (f) Supplementary deposits and partnerships. The State | ||||||
| 9 | Treasurer may make supplementary deposits if sufficient funds | ||||||
| 10 | are available and if funds are deposited into the omnibus | ||||||
| 11 | accounts as described in subsection (d). Subject to | ||||||
| 12 | appropriation, the State Treasurer may make supplementary | ||||||
| 13 | deposits of $50, or greater if designated by the State | ||||||
| 14 | Treasurer by rule, into the account of each beneficiary whose | ||||||
| 15 | parent or legal guardian has an adjusted gross income below | ||||||
| 16 | the Illinois median household income as determined by the most | ||||||
| 17 | recent U.S. Census Bureau American Community Survey 5-Year | ||||||
| 18 | Data for the previous calendar year. The supplementary | ||||||
| 19 | deposits shall be limited to one deposit per beneficiary. | ||||||
| 20 | Furthermore, the State Treasurer may develop partnerships with | ||||||
| 21 | private, nonprofit, or governmental organizations to provide | ||||||
| 22 | additional savings incentives, including conditional cash | ||||||
| 23 | transfers or matching contributions that provide a savings | ||||||
| 24 | incentive based on specific actions taken or other criteria. | ||||||
| 25 | (g) Illinois Higher Education Savings Program Fund. The | ||||||
| 26 | Illinois Higher Education Savings Program Fund is hereby | ||||||
| |||||||
| |||||||
| 1 | established as a special fund in the State treasury. The Fund | ||||||
| 2 | shall be the official repository of all contributions, | ||||||
| 3 | appropriated funds, interest, and dividend payments, gifts, or | ||||||
| 4 | other financial assets received by the State Treasurer in | ||||||
| 5 | connection with the operation of the Program or related | ||||||
| 6 | partnerships. All such moneys shall be deposited into the Fund | ||||||
| 7 | and held by the State Treasurer as custodian thereof. The | ||||||
| 8 | State Treasurer may accept gifts, grants, awards, matching | ||||||
| 9 | contributions, interest income, and appropriated funds from | ||||||
| 10 | individuals, businesses, governments, and other third-party | ||||||
| 11 | sources to implement the Program on terms that the State | ||||||
| 12 | Treasurer deems advisable. All interest or other earnings | ||||||
| 13 | accruing or received on amounts in the Illinois Higher | ||||||
| 14 | Education Savings Program Fund shall be credited to and | ||||||
| 15 | retained by the Fund and used for the benefit of the Program. | ||||||
| 16 | Assets of the Fund must at all times be preserved, invested, | ||||||
| 17 | and expended only for the purposes of the Program and must be | ||||||
| 18 | held for the benefit of the beneficiaries. Assets may not be | ||||||
| 19 | transferred or used by the State or the State Treasurer for any | ||||||
| 20 | purposes other than the purposes of the Program. In addition, | ||||||
| 21 | no moneys, interest, or other earnings paid into the Fund | ||||||
| 22 | shall be used, temporarily or otherwise, for inter-fund | ||||||
| 23 | borrowing or be otherwise used or appropriated except as | ||||||
| 24 | expressly authorized by this Act. Notwithstanding the | ||||||
| 25 | requirements of this subsection (g), amounts in the Fund may | ||||||
| 26 | be used by the State Treasurer to pay the administrative costs | ||||||
| |||||||
| |||||||
| 1 | of the Program. | ||||||
| 2 | (g-5) Fund deposits and payments. On July 15 of each year, | ||||||
| 3 | beginning July 15, 2023, or as soon thereafter as practical, | ||||||
| 4 | the State Comptroller shall direct and the State Treasurer | ||||||
| 5 | shall transfer the sum of $2,500,000, or the amount that is | ||||||
| 6 | appropriated annually by the General Assembly, whichever is | ||||||
| 7 | greater, from the General Revenue Fund to the Illinois Higher | ||||||
| 8 | Education Savings Program Fund to be used for the | ||||||
| 9 | administration and operation of the Program. | ||||||
| 10 | (h) Audits and reports. The State Treasurer shall include | ||||||
| 11 | the Illinois Higher Education Savings Program as part of the | ||||||
| 12 | audit of the College Savings Pool described in Section 16.5. | ||||||
| 13 | The State Treasurer shall annually prepare a report that | ||||||
| 14 | includes a summary of the Program operations for the preceding | ||||||
| 15 | fiscal year, including the number of children enrolled in the | ||||||
| 16 | Program, the total amount of seed fund deposits, the rate of | ||||||
| 17 | seed deposits claimed, and, to the extent data is reported and | ||||||
| 18 | available, the racial, ethnic, socioeconomic, and geographic | ||||||
| 19 | data of beneficiaries and of children who may receive | ||||||
| 20 | automatic bonus deposits. Such other information that is | ||||||
| 21 | relevant to make a full disclosure of the operations of the | ||||||
| 22 | Program and Fund may also be reported. The report shall be made | ||||||
| 23 | available on the State Treasurer's website by January 31 each | ||||||
| 24 | year, starting in January of 2024. The State Treasurer may | ||||||
| 25 | include the Program in other reports as warranted. | ||||||
| 26 | (i) Rules. The State Treasurer may adopt rules necessary | ||||||
| |||||||
| |||||||
| 1 | to implement this Section. | ||||||
| 2 | (Source: P.A. 102-129, eff. 7-23-21; 102-558, eff. 8-20-21; | ||||||
| 3 | 102-1047, eff. 1-1-23; 103-8, eff. 6-7-23; 103-604, eff. | ||||||
| 4 | 7-1-24; 103-778, eff. 8-2-24; revised 10-7-24.)
| ||||||
| 5 | Section 70. The Civil Administrative Code of Illinois is | ||||||
| 6 | amended by changing Sections 5-10 and 5-717 as follows:
| ||||||
| 7 | (20 ILCS 5/5-10) | ||||||
| 8 | Sec. 5-10. "Director". As used in the Civil Administrative | ||||||
| 9 | Code of Illinois, unless the context clearly indicates | ||||||
| 10 | otherwise, the word "director" means the directors of the | ||||||
| 11 | departments of State government as designated in Section 5-20 | ||||||
| 12 | of this Law and includes the Secretary of Early Childhood, the | ||||||
| 13 | Secretary of Financial and Professional Regulation, the | ||||||
| 14 | Secretary of Innovation and Technology, the Secretary of Human | ||||||
| 15 | Services, and the Secretary of Transportation. | ||||||
| 16 | (Source: P.A. 103-594, eff. 6-25-24; 103-708, eff. 1-1-25; | ||||||
| 17 | revised 11-26-24.)
| ||||||
| 18 | (20 ILCS 5/5-717) | ||||||
| 19 | Sec. 5-717. Military portability licensure for service | ||||||
| 20 | members and service members' spouses. | ||||||
| 21 | (a) In this Section: | ||||||
| 22 | "Division" means the Division of Professional Regulation | ||||||
| 23 | of the Department of Financial and Professional Regulation or | ||||||
| |||||||
| |||||||
| 1 | the Division of Real Estate of the Department of Financial and | ||||||
| 2 | Professional Regulation. | ||||||
| 3 | "Service member" means any person who, at the time of | ||||||
| 4 | application under this Section, is an active duty member of | ||||||
| 5 | the United States Armed Forces or any reserve component of the | ||||||
| 6 | United States Armed Forces, the Coast Guard, or the National | ||||||
| 7 | Guard of any state, commonwealth, or territory of the United | ||||||
| 8 | States or the District of Columbia. | ||||||
| 9 | "Spouse" means a party to a marriage, civil union, or | ||||||
| 10 | registered domestic partnership. | ||||||
| 11 | (b) The Department of Financial and Professional | ||||||
| 12 | Regulation is authorized to issue a professional portability | ||||||
| 13 | license to (1) a service member who is an out-of-state | ||||||
| 14 | licensee and is under official United States military orders | ||||||
| 15 | to relocate to the State of Illinois or (2) an out-of-state | ||||||
| 16 | licensee whose spouse is a service member under official | ||||||
| 17 | United States military orders to relocate to the State of | ||||||
| 18 | Illinois. The service member or the service member's spouse | ||||||
| 19 | need not reside in this State at the time of application. | ||||||
| 20 | Notwithstanding any other law to the contrary, the portability | ||||||
| 21 | license shall be issued by the Division only if the applicant | ||||||
| 22 | fulfills all the requirements of this Section and Section | ||||||
| 23 | 2105-135 of the Department of Professional Regulation Law of | ||||||
| 24 | the Civil Administrative Code of Illinois. | ||||||
| 25 | (c) The portability license shall be issued after a | ||||||
| 26 | complete application is submitted to the Division that | ||||||
| |||||||
| |||||||
| 1 | includes proof of the following: | ||||||
| 2 | (1) The applicant is a service member or the spouse of | ||||||
| 3 | a service member. | ||||||
| 4 | (2) The applicant or applicant's spouse is assigned to | ||||||
| 5 | a duty station in this State, has established legal | ||||||
| 6 | residence or will reside in this State pursuant to | ||||||
| 7 | military relocation orders after the date of application, | ||||||
| 8 | and can provide an official copy of those orders. | ||||||
| 9 | (3) The applicant's license is in good standing and is | ||||||
| 10 | not subject to a disciplinary order encumbering the | ||||||
| 11 | license in any other state, commonwealth, district, or | ||||||
| 12 | territory of the United States or any foreign jurisdiction | ||||||
| 13 | where the applicant holds a license and practices in the | ||||||
| 14 | same profession with the same or similar scope of practice | ||||||
| 15 | for which the applicant is applying, and the applicant can | ||||||
| 16 | submit official verification of good standing and | ||||||
| 17 | disciplinary history from each of those licensing | ||||||
| 18 | authorities. For health care professional applicants, the | ||||||
| 19 | Division's review of good standing is governed by this | ||||||
| 20 | subsection, subsection (h), and all other applicable State | ||||||
| 21 | laws and rules. | ||||||
| 22 | (4) The applicant was actively licensed in the same | ||||||
| 23 | profession with the same or similar scope of practice for | ||||||
| 24 | which the applicant is applying for at least 2 years | ||||||
| 25 | immediately preceding the relocation. | ||||||
| 26 | (5) A complete set of the applicant's fingerprints has | ||||||
| |||||||
| |||||||
| 1 | been submitted to the Illinois State Police for statewide | ||||||
| 2 | and national criminal history checks, if applicable to the | ||||||
| 3 | requirements of the professional regulatory Act. The | ||||||
| 4 | applicant shall pay the fee to the Illinois State Police | ||||||
| 5 | or to the vendor for electronic fingerprint processing. No | ||||||
| 6 | license shall be issued to an applicant if any review of | ||||||
| 7 | criminal history or disclosure would cause the denial of | ||||||
| 8 | an application for licensure under the applicable | ||||||
| 9 | licensing Act. | ||||||
| 10 | (6) The applicant has submitted the application for | ||||||
| 11 | portability licensure and paid the required, nonrefundable | ||||||
| 12 | initial application fee for that profession under its | ||||||
| 13 | respective Act and rules. | ||||||
| 14 | (d) Service members or the spouses of service members | ||||||
| 15 | granted portability licenses under this Section shall submit | ||||||
| 16 | to the jurisdiction of the Division for purposes of the laws | ||||||
| 17 | and rules administered, related standards of practice, and | ||||||
| 18 | disciplinary authority. A license granted under this Section | ||||||
| 19 | is subject to all statutes, rules, and regulations governing | ||||||
| 20 | the license. This includes compliance with renewal and | ||||||
| 21 | continuing education requirements of the licensing act and | ||||||
| 22 | rules adopted during the period of licensure. | ||||||
| 23 | (e) Notwithstanding any other law, if the Division finds | ||||||
| 24 | that the applicant failed to meet the requirements of | ||||||
| 25 | subsection (c) or provided inaccurate or misleading | ||||||
| 26 | information on the application, the Division may suspend the | ||||||
| |||||||
| |||||||
| 1 | license pending further investigation or notice to discipline | ||||||
| 2 | the portability license. | ||||||
| 3 | (f)(1) The duration of the portability license is from | ||||||
| 4 | issuance through the next renewal period for that regulated | ||||||
| 5 | profession. At the time of the license's renewal, the service | ||||||
| 6 | member or the service member's spouse may apply for another | ||||||
| 7 | portability license if the military orders continue or are | ||||||
| 8 | extended past the renewal date or if new orders are given for | ||||||
| 9 | duty in this State. While the portability license is held, the | ||||||
| 10 | service member or the service member's spouse may apply for | ||||||
| 11 | full licensure by examination, endorsement, or reciprocity | ||||||
| 12 | pursuant to the service member's or the service member's | ||||||
| 13 | spouse's respective professional licensing Act or rules. | ||||||
| 14 | (2) Once a portability license has expired or is not | ||||||
| 15 | renewed, the service member or the service member's spouse | ||||||
| 16 | cannot continue practicing in this State until the service | ||||||
| 17 | member or the service member's spouse obtains licensure by | ||||||
| 18 | examination, endorsement, or reciprocity, which includes | ||||||
| 19 | completion and passage of all pre-license education and | ||||||
| 20 | examination requirements under the applicable professional | ||||||
| 21 | licensing Act and rules. | ||||||
| 22 | (g) An individual is ineligible to apply under this | ||||||
| 23 | Section if: | ||||||
| 24 | (1) the individual is disqualified under Section | ||||||
| 25 | 2105-165; | ||||||
| 26 | (2) the license the individual is seeking is subject | ||||||
| |||||||
| |||||||
| 1 | to an interstate compact; or | ||||||
| 2 | (3) the individual seeks a real estate appraiser | ||||||
| 3 | license. | ||||||
| 4 | (h) All service members and the spouses of service members | ||||||
| 5 | who apply under this Section and Section 5-715 who are | ||||||
| 6 | licensed in another jurisdiction as health care professionals, | ||||||
| 7 | and who are seeking a health care professional license | ||||||
| 8 | regulated by the Division and subject to the applicable | ||||||
| 9 | licensing Acts shall not be denied an initial or renewal | ||||||
| 10 | license: | ||||||
| 11 | (1) if the applicant has a prior, current, or pending | ||||||
| 12 | disciplinary action in another jurisdiction solely based | ||||||
| 13 | on providing, authorizing, recommending, aiding, | ||||||
| 14 | assisting, referring for, or otherwise participating in | ||||||
| 15 | health care services that are not unlawful in this State | ||||||
| 16 | and consistent with the standards of conduct in Illinois; | ||||||
| 17 | (2) if the applicant has a prior, current, or pending | ||||||
| 18 | disciplinary action in another jurisdiction solely based | ||||||
| 19 | on violating another jurisdiction or state's laws | ||||||
| 20 | prohibiting the provision of, authorization of, | ||||||
| 21 | recommendation of, aiding or assisting in, referring for, | ||||||
| 22 | or participation in any health care service if that | ||||||
| 23 | service as provided is not unlawful under the laws of this | ||||||
| 24 | State and is consistent with the standards of conduct in | ||||||
| 25 | Illinois; or | ||||||
| 26 | (3) based solely upon the applicant providing, | ||||||
| |||||||
| |||||||
| 1 | authorizing, recommending, aiding, assisting, referring | ||||||
| 2 | for, or otherwise participating in health care services | ||||||
| 3 | that are not unlawful in this State and consistent with | ||||||
| 4 | the standards of conduct in Illinois. | ||||||
| 5 | Nothing in this subsection shall be construed as | ||||||
| 6 | prohibiting the Division from evaluating the applicant's | ||||||
| 7 | conduct and disciplinary history and making a determination | ||||||
| 8 | regarding the licensure or authorization to practice. | ||||||
| 9 | (i) The Department of Financial and Professional | ||||||
| 10 | Regulation may adopt rules necessary for the implementation | ||||||
| 11 | and administration of this Section. | ||||||
| 12 | (Source: P.A. 103-708, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 13 | Section 75. The Illinois Act on the Aging is amended by | ||||||
| 14 | changing Sections 4.01, 4.02, and 4.04 as follows:
| ||||||
| 15 | (20 ILCS 105/4.01) | ||||||
| 16 | Sec. 4.01. Additional powers and duties of the Department. | ||||||
| 17 | In addition to powers and duties otherwise provided by law, | ||||||
| 18 | the Department shall have the following powers and duties: | ||||||
| 19 | (1) To evaluate all programs, services, and facilities for | ||||||
| 20 | the aged and for minority senior citizens within the State and | ||||||
| 21 | determine the extent to which present public or private | ||||||
| 22 | programs, services, and facilities meet the needs of the aged. | ||||||
| 23 | (2) To coordinate and evaluate all programs, services, and | ||||||
| 24 | facilities for the aging Aging and for minority senior | ||||||
| |||||||
| |||||||
| 1 | citizens presently furnished by State agencies and make | ||||||
| 2 | appropriate recommendations regarding such services, programs, | ||||||
| 3 | and facilities to the Governor and/or the General Assembly. | ||||||
| 4 | (2-a) To request, receive, and share information | ||||||
| 5 | electronically through the use of data-sharing agreements for | ||||||
| 6 | the purpose of (i) establishing and verifying the initial and | ||||||
| 7 | continuing eligibility of older adults to participate in | ||||||
| 8 | programs administered by the Department; (ii) maximizing | ||||||
| 9 | federal financial participation in State assistance | ||||||
| 10 | expenditures; and (iii) investigating allegations of fraud or | ||||||
| 11 | other abuse of publicly funded benefits. Notwithstanding any | ||||||
| 12 | other law to the contrary, but only for the limited purposes | ||||||
| 13 | identified in the preceding sentence, this paragraph (2-a) | ||||||
| 14 | expressly authorizes the exchanges of income, identification, | ||||||
| 15 | and other pertinent eligibility information by and among the | ||||||
| 16 | Department and the Social Security Administration, the | ||||||
| 17 | Department of Employment Security, the Department of | ||||||
| 18 | Healthcare and Family Services, the Department of Human | ||||||
| 19 | Services, the Department of Revenue, the Secretary of State, | ||||||
| 20 | the U.S. Department of Veterans Affairs, and any other | ||||||
| 21 | governmental entity. The confidentiality of information | ||||||
| 22 | otherwise shall be maintained as required by law. In addition, | ||||||
| 23 | the Department on Aging shall verify employment information at | ||||||
| 24 | the request of a community care provider for the purpose of | ||||||
| 25 | ensuring program integrity under the Community Care Program. | ||||||
| 26 | (3) To function as the sole State agency to develop a | ||||||
| |||||||
| |||||||
| 1 | comprehensive plan to meet the needs of the State's senior | ||||||
| 2 | citizens and the State's minority senior citizens. | ||||||
| 3 | (4) To receive and disburse State and federal funds made | ||||||
| 4 | available directly to the Department including those funds | ||||||
| 5 | made available under the Older Americans Act and the Senior | ||||||
| 6 | Community Service Employment Program for providing services | ||||||
| 7 | for senior citizens and minority senior citizens or for | ||||||
| 8 | purposes related thereto, and shall develop and administer any | ||||||
| 9 | State Plan for the Aging required by federal law. | ||||||
| 10 | (5) To solicit, accept, hold, and administer in behalf of | ||||||
| 11 | the State any grants or legacies of money, securities, or | ||||||
| 12 | property to the State of Illinois for services to senior | ||||||
| 13 | citizens and minority senior citizens or purposes related | ||||||
| 14 | thereto. | ||||||
| 15 | (6) To provide consultation and assistance to communities, | ||||||
| 16 | area agencies on aging, and groups developing local services | ||||||
| 17 | for senior citizens and minority senior citizens. | ||||||
| 18 | (7) To promote community education regarding the problems | ||||||
| 19 | of senior citizens and minority senior citizens through | ||||||
| 20 | institutes, publications, radio, television, and the local | ||||||
| 21 | press. | ||||||
| 22 | (8) To cooperate with agencies of the federal government | ||||||
| 23 | in studies and conferences designed to examine the needs of | ||||||
| 24 | senior citizens and minority senior citizens and to prepare | ||||||
| 25 | programs and facilities to meet those needs. | ||||||
| 26 | (9) To establish and maintain information and referral | ||||||
| |||||||
| |||||||
| 1 | sources throughout the State when not provided by other | ||||||
| 2 | agencies. | ||||||
| 3 | (10) To provide the staff support that may reasonably be | ||||||
| 4 | required by the Council. | ||||||
| 5 | (11) To make and enforce rules and regulations necessary | ||||||
| 6 | and proper to the performance of its duties. | ||||||
| 7 | (12) To establish and fund programs or projects or | ||||||
| 8 | experimental facilities that are specially designed as | ||||||
| 9 | alternatives to institutional care. | ||||||
| 10 | (13) To develop a training program to train the counselors | ||||||
| 11 | presently employed by the Department's aging network to | ||||||
| 12 | provide Medicare beneficiaries with counseling and advocacy in | ||||||
| 13 | Medicare, private health insurance, and related health care | ||||||
| 14 | coverage plans. | ||||||
| 15 | (14) To make a grant to an institution of higher learning | ||||||
| 16 | to study the feasibility of establishing and implementing an | ||||||
| 17 | affirmative action employment plan for the recruitment, | ||||||
| 18 | hiring, training and retraining of persons 60 or more years | ||||||
| 19 | old for jobs for which their employment would not be precluded | ||||||
| 20 | by law. | ||||||
| 21 | (15) To present one award annually in each of the | ||||||
| 22 | categories of community service, education, the performance | ||||||
| 23 | and graphic arts, and the labor force to outstanding Illinois | ||||||
| 24 | senior citizens and minority senior citizens in recognition of | ||||||
| 25 | their individual contributions to either community service, | ||||||
| 26 | education, the performance and graphic arts, or the labor | ||||||
| |||||||
| |||||||
| 1 | force. Nominations shall be solicited from senior citizens' | ||||||
| 2 | service providers, area agencies on aging, senior citizens' | ||||||
| 3 | centers, and senior citizens' organizations. If there are no | ||||||
| 4 | nominations in a category, the Department may award a second | ||||||
| 5 | person in one of the remaining categories. The Department | ||||||
| 6 | shall establish a central location within the State to be | ||||||
| 7 | designated as the Senior Illinoisans Hall of Fame for the | ||||||
| 8 | public display of all the annual awards, or replicas thereof. | ||||||
| 9 | (16) To establish multipurpose senior centers through area | ||||||
| 10 | agencies on aging and to fund those new and existing | ||||||
| 11 | multipurpose senior centers through area agencies on aging, | ||||||
| 12 | the establishment and funding to begin in such areas of the | ||||||
| 13 | State as the Department shall designate by rule and as | ||||||
| 14 | specifically appropriated funds become available. | ||||||
| 15 | (17) (Blank). | ||||||
| 16 | (18) To develop a pamphlet in English and Spanish which | ||||||
| 17 | may be used by physicians licensed to practice medicine in all | ||||||
| 18 | of its branches pursuant to the Medical Practice Act of 1987, | ||||||
| 19 | pharmacists licensed pursuant to the Pharmacy Practice Act, | ||||||
| 20 | and Illinois residents 65 years of age or older for the purpose | ||||||
| 21 | of assisting physicians, pharmacists, and patients in | ||||||
| 22 | monitoring prescriptions provided by various physicians and to | ||||||
| 23 | aid persons 65 years of age or older in complying with | ||||||
| 24 | directions for proper use of pharmaceutical prescriptions. The | ||||||
| 25 | pamphlet may provide space for recording information, | ||||||
| 26 | including, but not limited to, the following: | ||||||
| |||||||
| |||||||
| 1 | (a) name and telephone number of the patient; | ||||||
| 2 | (b) name and telephone number of the prescribing | ||||||
| 3 | physician; | ||||||
| 4 | (c) date of prescription; | ||||||
| 5 | (d) name of drug prescribed; | ||||||
| 6 | (e) directions for patient compliance; and | ||||||
| 7 | (f) name and telephone number of dispensing pharmacy. | ||||||
| 8 | In developing the pamphlet, the Department shall consult | ||||||
| 9 | with the Illinois State Medical Society, the Center for | ||||||
| 10 | Minority Health Services, the Illinois Pharmacists | ||||||
| 11 | Association, and senior citizens organizations. The Department | ||||||
| 12 | shall distribute the pamphlets to physicians, pharmacists and | ||||||
| 13 | persons 65 years of age or older or various senior citizen | ||||||
| 14 | organizations throughout the State. | ||||||
| 15 | (19) To conduct a study of the feasibility of implementing | ||||||
| 16 | the Senior Companion Program throughout the State. | ||||||
| 17 | (20) The reimbursement rates paid through the community | ||||||
| 18 | care program for chore housekeeping services and home care | ||||||
| 19 | aides shall be the same. | ||||||
| 20 | (21) (Blank). | ||||||
| 21 | (22) To distribute, through its area agencies on aging, | ||||||
| 22 | information alerting seniors on safety issues regarding | ||||||
| 23 | emergency weather conditions, including extreme heat and cold, | ||||||
| 24 | flooding, tornadoes, electrical storms, and other severe storm | ||||||
| 25 | weather. The information shall include all necessary | ||||||
| 26 | instructions for safety and all emergency telephone numbers of | ||||||
| |||||||
| |||||||
| 1 | organizations that will provide additional information and | ||||||
| 2 | assistance. | ||||||
| 3 | (23) To develop guidelines for the organization and | ||||||
| 4 | implementation of Volunteer Services Credit Programs to be | ||||||
| 5 | administered by Area Agencies on Aging or community-based | ||||||
| 6 | community based senior service organizations. The Department | ||||||
| 7 | shall hold public hearings on the proposed guidelines for | ||||||
| 8 | public comment, suggestion, and determination of public | ||||||
| 9 | interest. The guidelines shall be based on the findings of | ||||||
| 10 | other states and of community organizations in Illinois that | ||||||
| 11 | are currently operating volunteer services credit programs or | ||||||
| 12 | demonstration volunteer services credit programs. The | ||||||
| 13 | Department shall offer guidelines for all aspects of the | ||||||
| 14 | programs, including, but not limited to, the following: | ||||||
| 15 | (a) types of services to be offered by volunteers; | ||||||
| 16 | (b) types of services to be received upon the | ||||||
| 17 | redemption of service credits; | ||||||
| 18 | (c) issues of liability for the volunteers and the | ||||||
| 19 | administering organizations; | ||||||
| 20 | (d) methods of tracking service credits earned and | ||||||
| 21 | service credits redeemed; | ||||||
| 22 | (e) issues of time limits for redemption of service | ||||||
| 23 | credits; | ||||||
| 24 | (f) methods of recruitment of volunteers; | ||||||
| 25 | (g) utilization of community volunteers, community | ||||||
| 26 | service groups, and other resources for delivering | ||||||
| |||||||
| |||||||
| 1 | services to be received by service credit program clients; | ||||||
| 2 | (h) accountability and assurance that services will be | ||||||
| 3 | available to individuals who have earned service credits; | ||||||
| 4 | and | ||||||
| 5 | (i) volunteer screening and qualifications. | ||||||
| 6 | (24) To function as the sole State agency to receive and | ||||||
| 7 | disburse State and federal funds for providing adult | ||||||
| 8 | protective services in a domestic living situation in | ||||||
| 9 | accordance with the Adult Protective Services Act. | ||||||
| 10 | (25) To hold conferences, trainings, and other programs | ||||||
| 11 | for which the Department shall determine by rule a reasonable | ||||||
| 12 | fee to cover related administrative costs. Rules to implement | ||||||
| 13 | the fee authority granted by this paragraph (25) must be | ||||||
| 14 | adopted in accordance with all provisions of the Illinois | ||||||
| 15 | Administrative Procedure Act and all rules and procedures of | ||||||
| 16 | the Joint Committee on Administrative Rules; any purported | ||||||
| 17 | rule not so adopted, for whatever reason, is unauthorized. | ||||||
| 18 | (Source: P.A. 103-616, eff. 7-1-24; 103-670, eff. 1-1-25; | ||||||
| 19 | revised 11-26-24.)
| ||||||
| 20 | (20 ILCS 105/4.02) | ||||||
| 21 | Sec. 4.02. Community Care Program. The Department shall | ||||||
| 22 | establish a program of services to prevent unnecessary | ||||||
| 23 | institutionalization of persons age 60 and older in need of | ||||||
| 24 | long term care or who are established as persons who suffer | ||||||
| 25 | from Alzheimer's disease or a related disorder under the | ||||||
| |||||||
| |||||||
| 1 | Alzheimer's Disease Assistance Act, thereby enabling them to | ||||||
| 2 | remain in their own homes or in other living arrangements. | ||||||
| 3 | Such preventive services, which may be coordinated with other | ||||||
| 4 | programs for the aged, may include, but are not limited to, any | ||||||
| 5 | or all of the following: | ||||||
| 6 | (a) (blank); | ||||||
| 7 | (b) (blank); | ||||||
| 8 | (c) home care aide services; | ||||||
| 9 | (d) personal assistant services; | ||||||
| 10 | (e) adult day services; | ||||||
| 11 | (f) home-delivered meals; | ||||||
| 12 | (g) education in self-care; | ||||||
| 13 | (h) personal care services; | ||||||
| 14 | (i) adult day health services; | ||||||
| 15 | (j) habilitation services; | ||||||
| 16 | (k) respite care; | ||||||
| 17 | (k-5) community reintegration services; | ||||||
| 18 | (k-6) flexible senior services; | ||||||
| 19 | (k-7) medication management; | ||||||
| 20 | (k-8) emergency home response; | ||||||
| 21 | (l) other nonmedical social services that may enable | ||||||
| 22 | the person to become self-supporting; or | ||||||
| 23 | (m) (blank). | ||||||
| 24 | The Department shall establish eligibility standards for | ||||||
| 25 | such services. In determining the amount and nature of | ||||||
| 26 | services for which a person may qualify, consideration shall | ||||||
| |||||||
| |||||||
| 1 | not be given to the value of cash, property, or other assets | ||||||
| 2 | held in the name of the person's spouse pursuant to a written | ||||||
| 3 | agreement dividing marital property into equal but separate | ||||||
| 4 | shares or pursuant to a transfer of the person's interest in a | ||||||
| 5 | home to his spouse, provided that the spouse's share of the | ||||||
| 6 | marital property is not made available to the person seeking | ||||||
| 7 | such services. | ||||||
| 8 | The Department shall require as a condition of eligibility | ||||||
| 9 | that all new financially eligible applicants apply for and | ||||||
| 10 | enroll in medical assistance under Article V of the Illinois | ||||||
| 11 | Public Aid Code in accordance with rules promulgated by the | ||||||
| 12 | Department. | ||||||
| 13 | The Department shall, in conjunction with the Department | ||||||
| 14 | of Public Aid (now Department of Healthcare and Family | ||||||
| 15 | Services), seek appropriate amendments under Sections 1915 and | ||||||
| 16 | 1924 of the Social Security Act. The purpose of the amendments | ||||||
| 17 | shall be to extend eligibility for home and community based | ||||||
| 18 | services under Sections 1915 and 1924 of the Social Security | ||||||
| 19 | Act to persons who transfer to or for the benefit of a spouse | ||||||
| 20 | those amounts of income and resources allowed under Section | ||||||
| 21 | 1924 of the Social Security Act. Subject to the approval of | ||||||
| 22 | such amendments, the Department shall extend the provisions of | ||||||
| 23 | Section 5-4 of the Illinois Public Aid Code to persons who, but | ||||||
| 24 | for the provision of home or community-based services, would | ||||||
| 25 | require the level of care provided in an institution, as is | ||||||
| 26 | provided for in federal law. Those persons no longer found to | ||||||
| |||||||
| |||||||
| 1 | be eligible for receiving noninstitutional services due to | ||||||
| 2 | changes in the eligibility criteria shall be given 45 days | ||||||
| 3 | notice prior to actual termination. Those persons receiving | ||||||
| 4 | notice of termination may contact the Department and request | ||||||
| 5 | the determination be appealed at any time during the 45 day | ||||||
| 6 | notice period. The target population identified for the | ||||||
| 7 | purposes of this Section are persons age 60 and older with an | ||||||
| 8 | identified service need. Priority shall be given to those who | ||||||
| 9 | are at imminent risk of institutionalization. The services | ||||||
| 10 | shall be provided to eligible persons age 60 and older to the | ||||||
| 11 | extent that the cost of the services together with the other | ||||||
| 12 | personal maintenance expenses of the persons are reasonably | ||||||
| 13 | related to the standards established for care in a group | ||||||
| 14 | facility appropriate to the person's condition. These | ||||||
| 15 | noninstitutional non-institutional services, pilot projects, | ||||||
| 16 | or experimental facilities may be provided as part of or in | ||||||
| 17 | addition to those authorized by federal law or those funded | ||||||
| 18 | and administered by the Department of Human Services. The | ||||||
| 19 | Departments of Human Services, Healthcare and Family Services, | ||||||
| 20 | Public Health, Veterans' Affairs, and Commerce and Economic | ||||||
| 21 | Opportunity and other appropriate agencies of State, federal, | ||||||
| 22 | and local governments shall cooperate with the Department on | ||||||
| 23 | Aging in the establishment and development of the | ||||||
| 24 | noninstitutional non-institutional services. The Department | ||||||
| 25 | shall require an annual audit from all personal assistant and | ||||||
| 26 | home care aide vendors contracting with the Department under | ||||||
| |||||||
| |||||||
| 1 | this Section. The annual audit shall assure that each audited | ||||||
| 2 | vendor's procedures are in compliance with Department's | ||||||
| 3 | financial reporting guidelines requiring an administrative and | ||||||
| 4 | employee wage and benefits cost split as defined in | ||||||
| 5 | administrative rules. The audit is a public record under the | ||||||
| 6 | Freedom of Information Act. The Department shall execute, | ||||||
| 7 | relative to the nursing home prescreening project, written | ||||||
| 8 | inter-agency agreements with the Department of Human Services | ||||||
| 9 | and the Department of Healthcare and Family Services, to | ||||||
| 10 | effect the following: (1) intake procedures and common | ||||||
| 11 | eligibility criteria for those persons who are receiving | ||||||
| 12 | noninstitutional non-institutional services; and (2) the | ||||||
| 13 | establishment and development of noninstitutional | ||||||
| 14 | non-institutional services in areas of the State where they | ||||||
| 15 | are not currently available or are undeveloped. On and after | ||||||
| 16 | July 1, 1996, all nursing home prescreenings for individuals | ||||||
| 17 | 60 years of age or older shall be conducted by the Department. | ||||||
| 18 | As part of the Department on Aging's routine training of | ||||||
| 19 | case managers and case manager supervisors, the Department may | ||||||
| 20 | include information on family futures planning for persons who | ||||||
| 21 | are age 60 or older and who are caregivers of their adult | ||||||
| 22 | children with developmental disabilities. The content of the | ||||||
| 23 | training shall be at the Department's discretion. | ||||||
| 24 | The Department is authorized to establish a system of | ||||||
| 25 | recipient copayment for services provided under this Section, | ||||||
| 26 | such copayment to be based upon the recipient's ability to pay | ||||||
| |||||||
| |||||||
| 1 | but in no case to exceed the actual cost of the services | ||||||
| 2 | provided. Additionally, any portion of a person's income which | ||||||
| 3 | is equal to or less than the federal poverty standard shall not | ||||||
| 4 | be considered by the Department in determining the copayment. | ||||||
| 5 | The level of such copayment shall be adjusted whenever | ||||||
| 6 | necessary to reflect any change in the officially designated | ||||||
| 7 | federal poverty standard. | ||||||
| 8 | The Department, or the Department's authorized | ||||||
| 9 | representative, may recover the amount of moneys expended for | ||||||
| 10 | services provided to or in behalf of a person under this | ||||||
| 11 | Section by a claim against the person's estate or against the | ||||||
| 12 | estate of the person's surviving spouse, but no recovery may | ||||||
| 13 | be had until after the death of the surviving spouse, if any, | ||||||
| 14 | and then only at such time when there is no surviving child who | ||||||
| 15 | is under age 21 or blind or who has a permanent and total | ||||||
| 16 | disability. This paragraph, however, shall not bar recovery, | ||||||
| 17 | at the death of the person, of moneys for services provided to | ||||||
| 18 | the person or in behalf of the person under this Section to | ||||||
| 19 | which the person was not entitled; provided that such recovery | ||||||
| 20 | shall not be enforced against any real estate while it is | ||||||
| 21 | occupied as a homestead by the surviving spouse or other | ||||||
| 22 | dependent, if no claims by other creditors have been filed | ||||||
| 23 | against the estate, or, if such claims have been filed, they | ||||||
| 24 | remain dormant for failure of prosecution or failure of the | ||||||
| 25 | claimant to compel administration of the estate for the | ||||||
| 26 | purpose of payment. This paragraph shall not bar recovery from | ||||||
| |||||||
| |||||||
| 1 | the estate of a spouse, under Sections 1915 and 1924 of the | ||||||
| 2 | Social Security Act and Section 5-4 of the Illinois Public Aid | ||||||
| 3 | Code, who precedes a person receiving services under this | ||||||
| 4 | Section in death. All moneys for services paid to or in behalf | ||||||
| 5 | of the person under this Section shall be claimed for recovery | ||||||
| 6 | from the deceased spouse's estate. "Homestead", as used in | ||||||
| 7 | this paragraph, means the dwelling house and contiguous real | ||||||
| 8 | estate occupied by a surviving spouse or relative, as defined | ||||||
| 9 | by the rules and regulations of the Department of Healthcare | ||||||
| 10 | and Family Services, regardless of the value of the property. | ||||||
| 11 | The Department shall increase the effectiveness of the | ||||||
| 12 | existing Community Care Program by: | ||||||
| 13 | (1) ensuring that in-home services included in the | ||||||
| 14 | care plan are available on evenings and weekends; | ||||||
| 15 | (2) ensuring that care plans contain the services that | ||||||
| 16 | eligible participants need based on the number of days in | ||||||
| 17 | a month, not limited to specific blocks of time, as | ||||||
| 18 | identified by the comprehensive assessment tool selected | ||||||
| 19 | by the Department for use statewide, not to exceed the | ||||||
| 20 | total monthly service cost maximum allowed for each | ||||||
| 21 | service; the Department shall develop administrative rules | ||||||
| 22 | to implement this item (2); | ||||||
| 23 | (3) ensuring that the participants have the right to | ||||||
| 24 | choose the services contained in their care plan and to | ||||||
| 25 | direct how those services are provided, based on | ||||||
| 26 | administrative rules established by the Department; | ||||||
| |||||||
| |||||||
| 1 | (4)(blank); | ||||||
| 2 | (5) ensuring that homemakers can provide personal care | ||||||
| 3 | services that may or may not involve contact with clients, | ||||||
| 4 | including, but not limited to: | ||||||
| 5 | (A) bathing; | ||||||
| 6 | (B) grooming; | ||||||
| 7 | (C) toileting; | ||||||
| 8 | (D) nail care; | ||||||
| 9 | (E) transferring; | ||||||
| 10 | (F) respiratory services; | ||||||
| 11 | (G) exercise; or | ||||||
| 12 | (H) positioning; | ||||||
| 13 | (6) ensuring that homemaker program vendors are not | ||||||
| 14 | restricted from hiring homemakers who are family members | ||||||
| 15 | of clients or recommended by clients; the Department may | ||||||
| 16 | not, by rule or policy, require homemakers who are family | ||||||
| 17 | members of clients or recommended by clients to accept | ||||||
| 18 | assignments in homes other than the client; | ||||||
| 19 | (7) ensuring that the State may access maximum federal | ||||||
| 20 | matching funds by seeking approval for the Centers for | ||||||
| 21 | Medicare and Medicaid Services for modifications to the | ||||||
| 22 | State's home and community based services waiver and | ||||||
| 23 | additional waiver opportunities, including applying for | ||||||
| 24 | enrollment in the Balance Incentive Payment Program by May | ||||||
| 25 | 1, 2013, in order to maximize federal matching funds; this | ||||||
| 26 | shall include, but not be limited to, modification that | ||||||
| |||||||
| |||||||
| 1 | reflects all changes in the Community Care Program | ||||||
| 2 | services and all increases in the services cost maximum; | ||||||
| 3 | (8) ensuring that the determination of need tool | ||||||
| 4 | accurately reflects the service needs of individuals with | ||||||
| 5 | Alzheimer's disease and related dementia disorders; | ||||||
| 6 | (9) ensuring that services are authorized accurately | ||||||
| 7 | and consistently for the Community Care Program (CCP); the | ||||||
| 8 | Department shall implement a Service Authorization policy | ||||||
| 9 | directive; the purpose shall be to ensure that eligibility | ||||||
| 10 | and services are authorized accurately and consistently in | ||||||
| 11 | the CCP program; the policy directive shall clarify | ||||||
| 12 | service authorization guidelines to Care Coordination | ||||||
| 13 | Units and Community Care Program providers no later than | ||||||
| 14 | May 1, 2013; | ||||||
| 15 | (10) working in conjunction with Care Coordination | ||||||
| 16 | Units, the Department of Healthcare and Family Services, | ||||||
| 17 | the Department of Human Services, Community Care Program | ||||||
| 18 | providers, and other stakeholders to make improvements to | ||||||
| 19 | the Medicaid claiming processes and the Medicaid | ||||||
| 20 | enrollment procedures or requirements as needed, | ||||||
| 21 | including, but not limited to, specific policy changes or | ||||||
| 22 | rules to improve the up-front enrollment of participants | ||||||
| 23 | in the Medicaid program and specific policy changes or | ||||||
| 24 | rules to insure more prompt submission of bills to the | ||||||
| 25 | federal government to secure maximum federal matching | ||||||
| 26 | dollars as promptly as possible; the Department on Aging | ||||||
| |||||||
| |||||||
| 1 | shall have at least 3 meetings with stakeholders by | ||||||
| 2 | January 1, 2014 in order to address these improvements; | ||||||
| 3 | (11) requiring home care service providers to comply | ||||||
| 4 | with the rounding of hours worked provisions under the | ||||||
| 5 | federal Fair Labor Standards Act (FLSA) and as set forth | ||||||
| 6 | in 29 CFR 785.48(b) by May 1, 2013; | ||||||
| 7 | (12) implementing any necessary policy changes or | ||||||
| 8 | promulgating any rules, no later than January 1, 2014, to | ||||||
| 9 | assist the Department of Healthcare and Family Services in | ||||||
| 10 | moving as many participants as possible, consistent with | ||||||
| 11 | federal regulations, into coordinated care plans if a care | ||||||
| 12 | coordination plan that covers long term care is available | ||||||
| 13 | in the recipient's area; and | ||||||
| 14 | (13) (blank). | ||||||
| 15 | By January 1, 2009 or as soon after the end of the Cash and | ||||||
| 16 | Counseling Demonstration Project as is practicable, the | ||||||
| 17 | Department may, based on its evaluation of the demonstration | ||||||
| 18 | project, promulgate rules concerning personal assistant | ||||||
| 19 | services, to include, but need not be limited to, | ||||||
| 20 | qualifications, employment screening, rights under fair labor | ||||||
| 21 | standards, training, fiduciary agent, and supervision | ||||||
| 22 | requirements. All applicants shall be subject to the | ||||||
| 23 | provisions of the Health Care Worker Background Check Act. | ||||||
| 24 | The Department shall develop procedures to enhance | ||||||
| 25 | availability of services on evenings, weekends, and on an | ||||||
| 26 | emergency basis to meet the respite needs of caregivers. | ||||||
| |||||||
| |||||||
| 1 | Procedures shall be developed to permit the utilization of | ||||||
| 2 | services in successive blocks of 24 hours up to the monthly | ||||||
| 3 | maximum established by the Department. Workers providing these | ||||||
| 4 | services shall be appropriately trained. | ||||||
| 5 | No September 23, 1991 (Public Act 87-729) person may | ||||||
| 6 | perform chore/housekeeping and home care aide services under a | ||||||
| 7 | program authorized by this Section unless that person has been | ||||||
| 8 | issued a certificate of pre-service to do so by his or her | ||||||
| 9 | employing agency. Information gathered to effect such | ||||||
| 10 | certification shall include (i) the person's name, (ii) the | ||||||
| 11 | date the person was hired by his or her current employer, and | ||||||
| 12 | (iii) the training, including dates and levels. Persons | ||||||
| 13 | engaged in the program authorized by this Section before the | ||||||
| 14 | effective date of this amendatory Act of 1991 shall be issued a | ||||||
| 15 | certificate of all pre-service and in-service training from | ||||||
| 16 | his or her employer upon submitting the necessary information. | ||||||
| 17 | The employing agency shall be required to retain records of | ||||||
| 18 | all staff pre-service and in-service training, and shall | ||||||
| 19 | provide such records to the Department upon request and upon | ||||||
| 20 | termination of the employer's contract with the Department. In | ||||||
| 21 | addition, the employing agency is responsible for the issuance | ||||||
| 22 | of certifications of in-service training completed to their | ||||||
| 23 | employees. | ||||||
| 24 | The Department is required to develop a system to ensure | ||||||
| 25 | that persons working as home care aides and personal | ||||||
| 26 | assistants receive increases in their wages when the federal | ||||||
| |||||||
| |||||||
| 1 | minimum wage is increased by requiring vendors to certify that | ||||||
| 2 | they are meeting the federal minimum wage statute for home | ||||||
| 3 | care aides and personal assistants. An employer that cannot | ||||||
| 4 | ensure that the minimum wage increase is being given to home | ||||||
| 5 | care aides and personal assistants shall be denied any | ||||||
| 6 | increase in reimbursement costs. | ||||||
| 7 | The Community Care Program Advisory Committee is created | ||||||
| 8 | in the Department on Aging. The Director shall appoint | ||||||
| 9 | individuals to serve in the Committee, who shall serve at | ||||||
| 10 | their own expense. Members of the Committee must abide by all | ||||||
| 11 | applicable ethics laws. The Committee shall advise the | ||||||
| 12 | Department on issues related to the Department's program of | ||||||
| 13 | services to prevent unnecessary institutionalization. The | ||||||
| 14 | Committee shall meet on a bi-monthly basis and shall serve to | ||||||
| 15 | identify and advise the Department on present and potential | ||||||
| 16 | issues affecting the service delivery network, the program's | ||||||
| 17 | clients, and the Department and to recommend solution | ||||||
| 18 | strategies. Persons appointed to the Committee shall be | ||||||
| 19 | appointed on, but not limited to, their own and their agency's | ||||||
| 20 | experience with the program, geographic representation, and | ||||||
| 21 | willingness to serve. The Director shall appoint members to | ||||||
| 22 | the Committee to represent provider, advocacy, policy | ||||||
| 23 | research, and other constituencies committed to the delivery | ||||||
| 24 | of high quality home and community-based services to older | ||||||
| 25 | adults. Representatives shall be appointed to ensure | ||||||
| 26 | representation from community care providers, including, but | ||||||
| |||||||
| |||||||
| 1 | not limited to, adult day service providers, homemaker | ||||||
| 2 | providers, case coordination and case management units, | ||||||
| 3 | emergency home response providers, statewide trade or labor | ||||||
| 4 | unions that represent home care aides and direct care staff, | ||||||
| 5 | area agencies on aging, adults over age 60, membership | ||||||
| 6 | organizations representing older adults, and other | ||||||
| 7 | organizational entities, providers of care, or individuals | ||||||
| 8 | with demonstrated interest and expertise in the field of home | ||||||
| 9 | and community care as determined by the Director. | ||||||
| 10 | Nominations may be presented from any agency or State | ||||||
| 11 | association with interest in the program. The Director, or his | ||||||
| 12 | or her designee, shall serve as the permanent co-chair of the | ||||||
| 13 | advisory committee. One other co-chair shall be nominated and | ||||||
| 14 | approved by the members of the committee on an annual basis. | ||||||
| 15 | Committee members' terms of appointment shall be for 4 years | ||||||
| 16 | with one-quarter of the appointees' terms expiring each year. | ||||||
| 17 | A member shall continue to serve until his or her replacement | ||||||
| 18 | is named. The Department shall fill vacancies that have a | ||||||
| 19 | remaining term of over one year, and this replacement shall | ||||||
| 20 | occur through the annual replacement of expiring terms. The | ||||||
| 21 | Director shall designate Department staff to provide technical | ||||||
| 22 | assistance and staff support to the committee. Department | ||||||
| 23 | representation shall not constitute membership of the | ||||||
| 24 | committee. All Committee papers, issues, recommendations, | ||||||
| 25 | reports, and meeting memoranda are advisory only. The | ||||||
| 26 | Director, or his or her designee, shall make a written report, | ||||||
| |||||||
| |||||||
| 1 | as requested by the Committee, regarding issues before the | ||||||
| 2 | Committee. | ||||||
| 3 | The Department on Aging and the Department of Human | ||||||
| 4 | Services shall cooperate in the development and submission of | ||||||
| 5 | an annual report on programs and services provided under this | ||||||
| 6 | Section. Such joint report shall be filed with the Governor | ||||||
| 7 | and the General Assembly on or before March 31 of the following | ||||||
| 8 | fiscal year. | ||||||
| 9 | The requirement for reporting to the General Assembly | ||||||
| 10 | shall be satisfied by filing copies of the report as required | ||||||
| 11 | by Section 3.1 of the General Assembly Organization Act and | ||||||
| 12 | filing such additional copies with the State Government Report | ||||||
| 13 | Distribution Center for the General Assembly as is required | ||||||
| 14 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
| 15 | Those persons previously found eligible for receiving | ||||||
| 16 | noninstitutional non-institutional services whose services | ||||||
| 17 | were discontinued under the Emergency Budget Act of Fiscal | ||||||
| 18 | Year 1992, and who do not meet the eligibility standards in | ||||||
| 19 | effect on or after July 1, 1992, shall remain ineligible on and | ||||||
| 20 | after July 1, 1992. Those persons previously not required to | ||||||
| 21 | cost-share and who were required to cost-share effective March | ||||||
| 22 | 1, 1992, shall continue to meet cost-share requirements on and | ||||||
| 23 | after July 1, 1992. Beginning July 1, 1992, all clients will be | ||||||
| 24 | required to meet eligibility, cost-share, and other | ||||||
| 25 | requirements and will have services discontinued or altered | ||||||
| 26 | when they fail to meet these requirements. | ||||||
| |||||||
| |||||||
| 1 | For the purposes of this Section, "flexible senior | ||||||
| 2 | services" refers to services that require one-time or periodic | ||||||
| 3 | expenditures, including, but not limited to, respite care, | ||||||
| 4 | home modification, assistive technology, housing assistance, | ||||||
| 5 | and transportation. | ||||||
| 6 | The Department shall implement an electronic service | ||||||
| 7 | verification based on global positioning systems or other | ||||||
| 8 | cost-effective technology for the Community Care Program no | ||||||
| 9 | later than January 1, 2014. | ||||||
| 10 | The Department shall require, as a condition of | ||||||
| 11 | eligibility, application for the medical assistance program | ||||||
| 12 | under Article V of the Illinois Public Aid Code. | ||||||
| 13 | The Department may authorize Community Care Program | ||||||
| 14 | services until an applicant is determined eligible for medical | ||||||
| 15 | assistance under Article V of the Illinois Public Aid Code. | ||||||
| 16 | The Department shall continue to provide Community Care | ||||||
| 17 | Program reports as required by statute, which shall include an | ||||||
| 18 | annual report on Care Coordination Unit performance and | ||||||
| 19 | adherence to service guidelines and a 6-month supplemental | ||||||
| 20 | report. | ||||||
| 21 | In regard to community care providers, failure to comply | ||||||
| 22 | with Department on Aging policies shall be cause for | ||||||
| 23 | disciplinary action, including, but not limited to, | ||||||
| 24 | disqualification from serving Community Care Program clients. | ||||||
| 25 | Each provider, upon submission of any bill or invoice to the | ||||||
| 26 | Department for payment for services rendered, shall include a | ||||||
| |||||||
| |||||||
| 1 | notarized statement, under penalty of perjury pursuant to | ||||||
| 2 | Section 1-109 of the Code of Civil Procedure, that the | ||||||
| 3 | provider has complied with all Department policies. | ||||||
| 4 | The Director of the Department on Aging shall make | ||||||
| 5 | information available to the State Board of Elections as may | ||||||
| 6 | be required by an agreement the State Board of Elections has | ||||||
| 7 | entered into with a multi-state voter registration list | ||||||
| 8 | maintenance system. | ||||||
| 9 | The Department shall pay an enhanced rate of at least | ||||||
| 10 | $1.77 per unit under the Community Care Program to those | ||||||
| 11 | in-home service provider agencies that offer health insurance | ||||||
| 12 | coverage as a benefit to their direct service worker employees | ||||||
| 13 | pursuant to rules adopted by the Department. The Department | ||||||
| 14 | shall review the enhanced rate as part of its process to rebase | ||||||
| 15 | in-home service provider reimbursement rates pursuant to | ||||||
| 16 | federal waiver requirements. Subject to federal approval, | ||||||
| 17 | beginning on January 1, 2024, rates for adult day services | ||||||
| 18 | shall be increased to $16.84 per hour and rates for each way | ||||||
| 19 | transportation services for adult day services shall be | ||||||
| 20 | increased to $12.44 per unit transportation. | ||||||
| 21 | Subject to federal approval, on and after January 1, 2024, | ||||||
| 22 | rates for homemaker services shall be increased to $28.07 to | ||||||
| 23 | sustain a minimum wage of $17 per hour for direct service | ||||||
| 24 | workers. Rates in subsequent State fiscal years shall be no | ||||||
| 25 | lower than the rates put into effect upon federal approval. | ||||||
| 26 | Providers of in-home services shall be required to certify to | ||||||
| |||||||
| |||||||
| 1 | the Department that they remain in compliance with the | ||||||
| 2 | mandated wage increase for direct service workers. Fringe | ||||||
| 3 | benefits, including, but not limited to, paid time off and | ||||||
| 4 | payment for training, health insurance, travel, or | ||||||
| 5 | transportation, shall not be reduced in relation to the rate | ||||||
| 6 | increases described in this paragraph. | ||||||
| 7 | Subject to and upon federal approval, on and after January | ||||||
| 8 | 1, 2025, rates for homemaker services shall be increased to | ||||||
| 9 | $29.63 to sustain a minimum wage of $18 per hour for direct | ||||||
| 10 | service workers. Rates in subsequent State fiscal years shall | ||||||
| 11 | be no lower than the rates put into effect upon federal | ||||||
| 12 | approval. Providers of in-home services shall be required to | ||||||
| 13 | certify to the Department that they remain in compliance with | ||||||
| 14 | the mandated wage increase for direct service workers. Fringe | ||||||
| 15 | benefits, including, but not limited to, paid time off and | ||||||
| 16 | payment for training, health insurance, travel, or | ||||||
| 17 | transportation, shall not be reduced in relation to the rate | ||||||
| 18 | increases described in this paragraph. | ||||||
| 19 | The General Assembly finds it necessary to authorize an | ||||||
| 20 | aggressive Medicaid enrollment initiative designed to maximize | ||||||
| 21 | federal Medicaid funding for the Community Care Program which | ||||||
| 22 | produces significant savings for the State of Illinois. The | ||||||
| 23 | Department on Aging shall establish and implement a Community | ||||||
| 24 | Care Program Medicaid Initiative. Under the Initiative, the | ||||||
| 25 | Department on Aging shall, at a minimum: (i) provide an | ||||||
| 26 | enhanced rate to adequately compensate care coordination units | ||||||
| |||||||
| |||||||
| 1 | to enroll eligible Community Care Program clients into | ||||||
| 2 | Medicaid; (ii) use recommendations from a stakeholder | ||||||
| 3 | committee on how best to implement the Initiative; and (iii) | ||||||
| 4 | establish requirements for State agencies to make enrollment | ||||||
| 5 | in the State's Medical Assistance program easier for seniors. | ||||||
| 6 | The Community Care Program Medicaid Enrollment Oversight | ||||||
| 7 | Subcommittee is created as a subcommittee of the Older Adult | ||||||
| 8 | Services Advisory Committee established in Section 35 of the | ||||||
| 9 | Older Adult Services Act to make recommendations on how best | ||||||
| 10 | to increase the number of medical assistance recipients who | ||||||
| 11 | are enrolled in the Community Care Program. The Subcommittee | ||||||
| 12 | shall consist of all of the following persons who must be | ||||||
| 13 | appointed within 30 days after June 4, 2018 (the effective | ||||||
| 14 | date of Public Act 100-587): | ||||||
| 15 | (1) The Director of Aging, or his or her designee, who | ||||||
| 16 | shall serve as the chairperson of the Subcommittee. | ||||||
| 17 | (2) One representative of the Department of Healthcare | ||||||
| 18 | and Family Services, appointed by the Director of | ||||||
| 19 | Healthcare and Family Services. | ||||||
| 20 | (3) One representative of the Department of Human | ||||||
| 21 | Services, appointed by the Secretary of Human Services. | ||||||
| 22 | (4) One individual representing a care coordination | ||||||
| 23 | unit, appointed by the Director of Aging. | ||||||
| 24 | (5) One individual from a non-governmental statewide | ||||||
| 25 | organization that advocates for seniors, appointed by the | ||||||
| 26 | Director of Aging. | ||||||
| |||||||
| |||||||
| 1 | (6) One individual representing Area Agencies on | ||||||
| 2 | Aging, appointed by the Director of Aging. | ||||||
| 3 | (7) One individual from a statewide association | ||||||
| 4 | dedicated to Alzheimer's care, support, and research, | ||||||
| 5 | appointed by the Director of Aging. | ||||||
| 6 | (8) One individual from an organization that employs | ||||||
| 7 | persons who provide services under the Community Care | ||||||
| 8 | Program, appointed by the Director of Aging. | ||||||
| 9 | (9) One member of a trade or labor union representing | ||||||
| 10 | persons who provide services under the Community Care | ||||||
| 11 | Program, appointed by the Director of Aging. | ||||||
| 12 | (10) One member of the Senate, who shall serve as | ||||||
| 13 | co-chairperson, appointed by the President of the Senate. | ||||||
| 14 | (11) One member of the Senate, who shall serve as | ||||||
| 15 | co-chairperson, appointed by the Minority Leader of the | ||||||
| 16 | Senate. | ||||||
| 17 | (12) One member of the House of Representatives, who | ||||||
| 18 | shall serve as co-chairperson, appointed by the Speaker of | ||||||
| 19 | the House of Representatives. | ||||||
| 20 | (13) One member of the House of Representatives, who | ||||||
| 21 | shall serve as co-chairperson, appointed by the Minority | ||||||
| 22 | Leader of the House of Representatives. | ||||||
| 23 | (14) One individual appointed by a labor organization | ||||||
| 24 | representing frontline employees at the Department of | ||||||
| 25 | Human Services. | ||||||
| 26 | The Subcommittee shall provide oversight to the Community | ||||||
| |||||||
| |||||||
| 1 | Care Program Medicaid Initiative and shall meet quarterly. At | ||||||
| 2 | each Subcommittee meeting the Department on Aging shall | ||||||
| 3 | provide the following data sets to the Subcommittee: (A) the | ||||||
| 4 | number of Illinois residents, categorized by planning and | ||||||
| 5 | service area, who are receiving services under the Community | ||||||
| 6 | Care Program and are enrolled in the State's Medical | ||||||
| 7 | Assistance Program; (B) the number of Illinois residents, | ||||||
| 8 | categorized by planning and service area, who are receiving | ||||||
| 9 | services under the Community Care Program, but are not | ||||||
| 10 | enrolled in the State's Medical Assistance Program; and (C) | ||||||
| 11 | the number of Illinois residents, categorized by planning and | ||||||
| 12 | service area, who are receiving services under the Community | ||||||
| 13 | Care Program and are eligible for benefits under the State's | ||||||
| 14 | Medical Assistance Program, but are not enrolled in the | ||||||
| 15 | State's Medical Assistance Program. In addition to this data, | ||||||
| 16 | the Department on Aging shall provide the Subcommittee with | ||||||
| 17 | plans on how the Department on Aging will reduce the number of | ||||||
| 18 | Illinois residents who are not enrolled in the State's Medical | ||||||
| 19 | Assistance Program but who are eligible for medical assistance | ||||||
| 20 | benefits. The Department on Aging shall enroll in the State's | ||||||
| 21 | Medical Assistance Program those Illinois residents who | ||||||
| 22 | receive services under the Community Care Program and are | ||||||
| 23 | eligible for medical assistance benefits but are not enrolled | ||||||
| 24 | in the State's Medicaid Assistance Program. The data provided | ||||||
| 25 | to the Subcommittee shall be made available to the public via | ||||||
| 26 | the Department on Aging's website. | ||||||
| |||||||
| |||||||
| 1 | The Department on Aging, with the involvement of the | ||||||
| 2 | Subcommittee, shall collaborate with the Department of Human | ||||||
| 3 | Services and the Department of Healthcare and Family Services | ||||||
| 4 | on how best to achieve the responsibilities of the Community | ||||||
| 5 | Care Program Medicaid Initiative. | ||||||
| 6 | The Department on Aging, the Department of Human Services, | ||||||
| 7 | and the Department of Healthcare and Family Services shall | ||||||
| 8 | coordinate and implement a streamlined process for seniors to | ||||||
| 9 | access benefits under the State's Medical Assistance Program. | ||||||
| 10 | The Subcommittee shall collaborate with the Department of | ||||||
| 11 | Human Services on the adoption of a uniform application | ||||||
| 12 | submission process. The Department of Human Services and any | ||||||
| 13 | other State agency involved with processing the medical | ||||||
| 14 | assistance application of any person enrolled in the Community | ||||||
| 15 | Care Program shall include the appropriate care coordination | ||||||
| 16 | unit in all communications related to the determination or | ||||||
| 17 | status of the application. | ||||||
| 18 | The Community Care Program Medicaid Initiative shall | ||||||
| 19 | provide targeted funding to care coordination units to help | ||||||
| 20 | seniors complete their applications for medical assistance | ||||||
| 21 | benefits. On and after July 1, 2019, care coordination units | ||||||
| 22 | shall receive no less than $200 per completed application, | ||||||
| 23 | which rate may be included in a bundled rate for initial intake | ||||||
| 24 | services when Medicaid application assistance is provided in | ||||||
| 25 | conjunction with the initial intake process for new program | ||||||
| 26 | participants. | ||||||
| |||||||
| |||||||
| 1 | The Community Care Program Medicaid Initiative shall cease | ||||||
| 2 | operation 5 years after June 4, 2018 (the effective date of | ||||||
| 3 | Public Act 100-587), after which the Subcommittee shall | ||||||
| 4 | dissolve. | ||||||
| 5 | Effective July 1, 2023, subject to federal approval, the | ||||||
| 6 | Department on Aging shall reimburse Care Coordination Units at | ||||||
| 7 | the following rates for case management services: $252.40 for | ||||||
| 8 | each initial assessment; $366.40 for each initial assessment | ||||||
| 9 | with translation; $229.68 for each redetermination assessment; | ||||||
| 10 | $313.68 for each redetermination assessment with translation; | ||||||
| 11 | $200.00 for each completed application for medical assistance | ||||||
| 12 | benefits; $132.26 for each face-to-face, choices-for-care | ||||||
| 13 | screening; $168.26 for each face-to-face, choices-for-care | ||||||
| 14 | screening with translation; $124.56 for each 6-month, | ||||||
| 15 | face-to-face visit; $132.00 for each MCO participant | ||||||
| 16 | eligibility determination; and $157.00 for each MCO | ||||||
| 17 | participant eligibility determination with translation. | ||||||
| 18 | (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; | ||||||
| 19 | 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102, | ||||||
| 20 | Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90, | ||||||
| 21 | Section 90-5, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, eff. | ||||||
| 22 | 7-1-24; 103-670, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 23 | (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04) | ||||||
| 24 | Sec. 4.04. Long Term Care Ombudsman Program. The purpose | ||||||
| 25 | of the Long Term Care Ombudsman Program is to ensure that older | ||||||
| |||||||
| |||||||
| 1 | persons and persons with disabilities receive quality | ||||||
| 2 | services. This is accomplished by providing advocacy services | ||||||
| 3 | for residents of long term care facilities and participants | ||||||
| 4 | receiving home care and community-based care. Managed care is | ||||||
| 5 | increasingly becoming the vehicle for delivering health and | ||||||
| 6 | long-term services and supports to seniors and persons with | ||||||
| 7 | disabilities, including dual eligible participants. The | ||||||
| 8 | additional ombudsman authority will allow advocacy services to | ||||||
| 9 | be provided to Illinois participants for the first time and | ||||||
| 10 | will produce a cost savings for the State of Illinois by | ||||||
| 11 | supporting the rebalancing efforts of the Patient Protection | ||||||
| 12 | and Affordable Care Act. | ||||||
| 13 | (a) Long Term Care Ombudsman Program. The Department shall | ||||||
| 14 | establish a Long Term Care Ombudsman Program, through the | ||||||
| 15 | Office of State Long Term Care Ombudsman ("the Office"), in | ||||||
| 16 | accordance with the provisions of the Older Americans Act of | ||||||
| 17 | 1965, as now or hereafter amended. The Long Term Care | ||||||
| 18 | Ombudsman Program is authorized, subject to sufficient | ||||||
| 19 | appropriations, to advocate on behalf of older persons and | ||||||
| 20 | persons with disabilities residing in their own homes or | ||||||
| 21 | community-based settings, relating to matters which may | ||||||
| 22 | adversely affect the health, safety, welfare, or rights of | ||||||
| 23 | such individuals. | ||||||
| 24 | (b) Definitions. As used in this Section, unless the | ||||||
| 25 | context requires otherwise: | ||||||
| 26 | (1) "Access" means the right to: | ||||||
| |||||||
| |||||||
| 1 | (i) Enter any long term care facility or assisted | ||||||
| 2 | living or shared housing establishment or supportive | ||||||
| 3 | living facility; | ||||||
| 4 | (ii) Communicate privately and without restriction | ||||||
| 5 | with any resident, regardless of age, who consents to | ||||||
| 6 | the communication; | ||||||
| 7 | (iii) Seek consent to communicate privately and | ||||||
| 8 | without restriction with any participant or resident, | ||||||
| 9 | regardless of age; | ||||||
| 10 | (iv) Inspect and copy the clinical and other | ||||||
| 11 | records of a participant or resident, regardless of | ||||||
| 12 | age, with the express written consent of the | ||||||
| 13 | participant or resident, or if consent is given | ||||||
| 14 | orally, visually, or through the use of auxiliary aids | ||||||
| 15 | and services, such consent is documented | ||||||
| 16 | contemporaneously by a representative of the Office in | ||||||
| 17 | accordance with such procedures; | ||||||
| 18 | (v) Observe all areas of the long term care | ||||||
| 19 | facility or supportive living facilities, assisted | ||||||
| 20 | living or shared housing establishment except the | ||||||
| 21 | living area of any resident who protests the | ||||||
| 22 | observation; and | ||||||
| 23 | (vi) Subject to permission of the participant or | ||||||
| 24 | resident requesting services or his or her | ||||||
| 25 | representative, enter a home or community-based | ||||||
| 26 | setting. | ||||||
| |||||||
| |||||||
| 1 | (2) "Long Term Care Facility" means (i) any facility | ||||||
| 2 | as defined by Section 1-113 of the Nursing Home Care Act, | ||||||
| 3 | as now or hereafter amended; (ii) any skilled nursing | ||||||
| 4 | facility or a nursing facility which meets the | ||||||
| 5 | requirements of Section 1819(a), (b), (c), and (d) or | ||||||
| 6 | Section 1919(a), (b), (c), and (d) of the Social Security | ||||||
| 7 | Act, as now or hereafter amended (42 U.S.C. 1395i-3(a), | ||||||
| 8 | (b), (c), and (d) and 42 U.S.C. 1396r(a), (b), (c), and | ||||||
| 9 | (d)); (iii) any facility as defined by Section 1-113 of | ||||||
| 10 | the ID/DD Community Care Act, as now or hereafter amended; | ||||||
| 11 | (iv) any facility as defined by Section 1-113 of MC/DD | ||||||
| 12 | Act, as now or hereafter amended; and (v) any facility | ||||||
| 13 | licensed under Section 4-105 or 4-201 of the Specialized | ||||||
| 14 | Mental Health Rehabilitation Act of 2013, as now or | ||||||
| 15 | hereafter amended. | ||||||
| 16 | (2.5) "Assisted living establishment" and "shared | ||||||
| 17 | housing establishment" have the meanings given those terms | ||||||
| 18 | in Section 10 of the Assisted Living and Shared Housing | ||||||
| 19 | Act. | ||||||
| 20 | (2.7) "Supportive living facility" means a facility | ||||||
| 21 | established under Section 5-5.01a of the Illinois Public | ||||||
| 22 | Aid Code. | ||||||
| 23 | (2.8) "Community-based setting" means any place of | ||||||
| 24 | abode other than an individual's private home. | ||||||
| 25 | (3) "State Long Term Care Ombudsman" means any person | ||||||
| 26 | employed by the Department to fulfill the requirements of | ||||||
| |||||||
| |||||||
| 1 | the Office of State Long Term Care Ombudsman as required | ||||||
| 2 | under the Older Americans Act of 1965, as now or hereafter | ||||||
| 3 | amended, and Departmental policy. | ||||||
| 4 | (3.1) "Ombudsman" means any designated representative | ||||||
| 5 | of the State Long Term Care Ombudsman Program; provided | ||||||
| 6 | that the representative, whether he is paid for or | ||||||
| 7 | volunteers his ombudsman services, shall be qualified and | ||||||
| 8 | designated by the Office to perform the duties of an | ||||||
| 9 | ombudsman as specified by the Department in rules and in | ||||||
| 10 | accordance with the provisions of the Older Americans Act | ||||||
| 11 | of 1965, as now or hereafter amended. | ||||||
| 12 | (4) "Participant" means an older person aged 60 or | ||||||
| 13 | over or an adult with a disability aged 18 through 59 who | ||||||
| 14 | is eligible for services under any of the following: | ||||||
| 15 | (i) A medical assistance waiver administered by | ||||||
| 16 | the State. | ||||||
| 17 | (ii) A managed care organization providing care | ||||||
| 18 | coordination and other services to seniors and persons | ||||||
| 19 | with disabilities. | ||||||
| 20 | (5) "Resident" means an older person aged 60 or over | ||||||
| 21 | or an adult with a disability aged 18 through 59 who | ||||||
| 22 | resides in a long-term care facility. | ||||||
| 23 | (c) Ombudsman; rules. The Office of State Long Term Care | ||||||
| 24 | Ombudsman shall be composed of at least one full-time | ||||||
| 25 | ombudsman and shall include a system of designated regional | ||||||
| 26 | long term care ombudsman programs. Each regional program shall | ||||||
| |||||||
| |||||||
| 1 | be designated by the State Long Term Care Ombudsman as a | ||||||
| 2 | subdivision of the Office and any representative of a regional | ||||||
| 3 | program shall be treated as a representative of the Office. | ||||||
| 4 | The Department, in consultation with the Office, shall | ||||||
| 5 | promulgate administrative rules in accordance with the | ||||||
| 6 | provisions of the Older Americans Act of 1965, as now or | ||||||
| 7 | hereafter amended, to establish the responsibilities of the | ||||||
| 8 | Department and the Office of State Long Term Care Ombudsman | ||||||
| 9 | and the designated regional Ombudsman programs. The | ||||||
| 10 | administrative rules shall include the responsibility of the | ||||||
| 11 | Office and designated regional programs to investigate and | ||||||
| 12 | resolve complaints made by or on behalf of residents of long | ||||||
| 13 | term care facilities, supportive living facilities, and | ||||||
| 14 | assisted living and shared housing establishments, and | ||||||
| 15 | participants residing in their own homes or community-based | ||||||
| 16 | settings, including the option to serve residents and | ||||||
| 17 | participants under the age of 60, relating to actions, | ||||||
| 18 | inaction, or decisions of providers, or their representatives, | ||||||
| 19 | of such facilities and establishments, of public agencies, or | ||||||
| 20 | of social services agencies, which may adversely affect the | ||||||
| 21 | health, safety, welfare, or rights of such residents and | ||||||
| 22 | participants. The Office and designated regional programs may | ||||||
| 23 | represent all residents and participants, but are not required | ||||||
| 24 | by this Act to represent persons under 60 years of age, except | ||||||
| 25 | to the extent required by federal law. When necessary and | ||||||
| 26 | appropriate, representatives of the Office shall refer | ||||||
| |||||||
| |||||||
| 1 | complaints to the appropriate regulatory State agency. The | ||||||
| 2 | Department, in consultation with the Office, shall cooperate | ||||||
| 3 | with the Department of Human Services and other State agencies | ||||||
| 4 | in providing information and training to designated regional | ||||||
| 5 | long term care ombudsman programs about the appropriate | ||||||
| 6 | assessment and treatment (including information about | ||||||
| 7 | appropriate supportive services, treatment options, and | ||||||
| 8 | assessment of rehabilitation potential) of the participants | ||||||
| 9 | they serve. | ||||||
| 10 | The State Long Term Care Ombudsman and all other | ||||||
| 11 | ombudsmen, as defined in paragraph (3.1) of subsection (b) | ||||||
| 12 | must submit to background checks under the Health Care Worker | ||||||
| 13 | Background Check Act and receive training, as prescribed by | ||||||
| 14 | the Illinois Department on Aging, before visiting facilities, | ||||||
| 15 | private homes, or community-based settings. The training must | ||||||
| 16 | include information specific to assisted living | ||||||
| 17 | establishments, supportive living facilities, shared housing | ||||||
| 18 | establishments, private homes, and community-based settings | ||||||
| 19 | and to the rights of residents and participants guaranteed | ||||||
| 20 | under the corresponding Acts and administrative rules. | ||||||
| 21 | (c-5) Consumer Choice Information Reports. The Office | ||||||
| 22 | shall: | ||||||
| 23 | (1) In collaboration with the Attorney General, create | ||||||
| 24 | a Consumer Choice Information Report form to be completed | ||||||
| 25 | by all licensed long term care facilities to aid | ||||||
| 26 | Illinoisans and their families in making informed choices | ||||||
| |||||||
| |||||||
| 1 | about long term care. The Office shall create a Consumer | ||||||
| 2 | Choice Information Report for each type of licensed long | ||||||
| 3 | term care facility. The Office shall collaborate with the | ||||||
| 4 | Attorney General and the Department of Human Services to | ||||||
| 5 | create a Consumer Choice Information Report form for | ||||||
| 6 | facilities licensed under the ID/DD Community Care Act or | ||||||
| 7 | the MC/DD Act. | ||||||
| 8 | (2) Develop a database of Consumer Choice Information | ||||||
| 9 | Reports completed by licensed long term care facilities | ||||||
| 10 | that includes information in the following consumer | ||||||
| 11 | categories: | ||||||
| 12 | (A) Medical Care, Services, and Treatment. | ||||||
| 13 | (B) Special Services and Amenities. | ||||||
| 14 | (C) Staffing. | ||||||
| 15 | (D) Facility Statistics and Resident Demographics. | ||||||
| 16 | (E) Ownership and Administration. | ||||||
| 17 | (F) Safety and Security. | ||||||
| 18 | (G) Meals and Nutrition. | ||||||
| 19 | (H) Rooms, Furnishings, and Equipment. | ||||||
| 20 | (I) Family, Volunteer, and Visitation Provisions. | ||||||
| 21 | (3) Make this information accessible to the public, | ||||||
| 22 | including on the Internet by means of a hyperlink on the | ||||||
| 23 | Office's World Wide Web home page. Information about | ||||||
| 24 | facilities licensed under the ID/DD Community Care Act or | ||||||
| 25 | the MC/DD Act shall be made accessible to the public by the | ||||||
| 26 | Department of Human Services, including on the Internet by | ||||||
| |||||||
| |||||||
| 1 | means of a hyperlink on the Department of Human Services' | ||||||
| 2 | "For Customers" website. | ||||||
| 3 | (4) Have the authority, with the Attorney General, to | ||||||
| 4 | verify that information provided by a facility is | ||||||
| 5 | accurate. | ||||||
| 6 | (5) Request a new report from any licensed facility | ||||||
| 7 | whenever it deems necessary. | ||||||
| 8 | (6) Include in the Office's Consumer Choice | ||||||
| 9 | Information Report for each type of licensed long term | ||||||
| 10 | care facility additional information on each licensed long | ||||||
| 11 | term care facility in the State of Illinois, including | ||||||
| 12 | information regarding each facility's compliance with the | ||||||
| 13 | relevant State and federal statutes, rules, and standards; | ||||||
| 14 | customer satisfaction surveys; and information generated | ||||||
| 15 | from quality measures developed by the Centers for | ||||||
| 16 | Medicare and Medicaid Services. | ||||||
| 17 | (d) Access and visitation rights. | ||||||
| 18 | (1) In accordance with subparagraphs (A) and (E) of | ||||||
| 19 | paragraph (3) of subsection (c) of Section 1819 and | ||||||
| 20 | subparagraphs (A) and (E) of paragraph (3) of subsection | ||||||
| 21 | (c) of Section 1919 of the Social Security Act, as now or | ||||||
| 22 | hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and | ||||||
| 23 | 42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the | ||||||
| 24 | Older Americans Act of 1965, as now or hereafter amended | ||||||
| 25 | (42 U.S.C. 3058f), a long term care facility, supportive | ||||||
| 26 | living facility, assisted living establishment, and shared | ||||||
| |||||||
| |||||||
| 1 | housing establishment must: | ||||||
| 2 | (i) permit immediate access to any resident, | ||||||
| 3 | regardless of age, by a designated ombudsman; | ||||||
| 4 | (ii) permit representatives of the Office, with | ||||||
| 5 | the permission of the resident, the resident's legal | ||||||
| 6 | representative, or the resident's legal guardian, to | ||||||
| 7 | examine and copy a resident's clinical and other | ||||||
| 8 | records, including facility reports of incidents or | ||||||
| 9 | occurrences made to State agencies, regardless of the | ||||||
| 10 | age of the resident, and if a resident is unable to | ||||||
| 11 | consent to such review, and has no legal guardian, | ||||||
| 12 | permit representatives of the Office appropriate | ||||||
| 13 | access, as defined by the Department, in consultation | ||||||
| 14 | with the Office, in administrative rules, to the | ||||||
| 15 | resident's records; and | ||||||
| 16 | (iii) permit a representative of the Program to | ||||||
| 17 | communicate privately and without restriction with any | ||||||
| 18 | participant who consents to the communication | ||||||
| 19 | regardless of the consent of, or withholding of | ||||||
| 20 | consent by, a legal guardian or an agent named in a | ||||||
| 21 | power of attorney executed by the participant. | ||||||
| 22 | (2) Each long term care facility, supportive living | ||||||
| 23 | facility, assisted living establishment, and shared | ||||||
| 24 | housing establishment shall display, in multiple, | ||||||
| 25 | conspicuous public places within the facility accessible | ||||||
| 26 | to both visitors and residents and in an easily readable | ||||||
| |||||||
| |||||||
| 1 | format, the address and phone number of the Office of the | ||||||
| 2 | Long Term Care Ombudsman, in a manner prescribed by the | ||||||
| 3 | Office. | ||||||
| 4 | (e) Immunity. An ombudsman or any representative of the | ||||||
| 5 | Office participating in the good faith performance of his or | ||||||
| 6 | her official duties shall have immunity from any liability | ||||||
| 7 | (civil, criminal or otherwise) in any proceedings (civil, | ||||||
| 8 | criminal or otherwise) brought as a consequence of the | ||||||
| 9 | performance of his official duties. | ||||||
| 10 | (f) Business offenses. | ||||||
| 11 | (1) No person shall: | ||||||
| 12 | (i) Intentionally prevent, interfere with, or | ||||||
| 13 | attempt to impede in any way any representative of the | ||||||
| 14 | Office in the performance of his official duties under | ||||||
| 15 | this Act and the Older Americans Act of 1965; or | ||||||
| 16 | (ii) Intentionally retaliate, discriminate | ||||||
| 17 | against, or effect reprisals against any long term | ||||||
| 18 | care facility resident or employee for contacting or | ||||||
| 19 | providing information to any representative of the | ||||||
| 20 | Office. | ||||||
| 21 | (2) A violation of this Section is a business offense, | ||||||
| 22 | punishable by a fine not to exceed $501. | ||||||
| 23 | (3) The State Long Term Care Ombudsman shall notify | ||||||
| 24 | the State's Attorney of the county in which the long term | ||||||
| 25 | care facility, supportive living facility, or assisted | ||||||
| 26 | living or shared housing establishment is located, or the | ||||||
| |||||||
| |||||||
| 1 | Attorney General, of any violations of this Section. | ||||||
| 2 | (g) Confidentiality of records and identities. All records | ||||||
| 3 | containing resident, participant, and complainant information | ||||||
| 4 | collected by the Long Term Care Ombudsman Program are | ||||||
| 5 | confidential and shall not be disclosed outside of the program | ||||||
| 6 | without a lawful subpoena or the permission of the State | ||||||
| 7 | Ombudsman. The State Ombudsman, at his or her discretion, may | ||||||
| 8 | disclose resident or participant information if it is in the | ||||||
| 9 | best interest of the resident or participant. The Department | ||||||
| 10 | shall establish procedures for the disclosure of program | ||||||
| 11 | records by the State Ombudsman. The procedures shall prohibit | ||||||
| 12 | the disclosure of the identity of any complainant, resident, | ||||||
| 13 | participant, witness, or employee of a long term care provider | ||||||
| 14 | in case records unless: | ||||||
| 15 | (1) the complainant, resident, participant, witness, | ||||||
| 16 | or employee of a long term care provider or his or her | ||||||
| 17 | legal representative consents to the disclosure and the | ||||||
| 18 | consent is in writing; | ||||||
| 19 | (2) the complainant, resident, participant, witness, | ||||||
| 20 | or employee of a long term care provider or the resident or | ||||||
| 21 | participant's legal representative gives consent orally; | ||||||
| 22 | and the consent is documented contemporaneously in writing | ||||||
| 23 | in accordance with such requirements as the Department | ||||||
| 24 | shall establish; or | ||||||
| 25 | (3) the disclosure is required by court order. | ||||||
| 26 | (h) Legal representation. The Attorney General shall | ||||||
| |||||||
| |||||||
| 1 | provide legal representation to any representative of the | ||||||
| 2 | Office against whom suit or other legal action is brought in | ||||||
| 3 | connection with the performance of the representative's | ||||||
| 4 | official duties, in accordance with the State Employee | ||||||
| 5 | Indemnification Act. | ||||||
| 6 | (i) Treatment by prayer and spiritual means. Nothing in | ||||||
| 7 | this Act shall be construed to authorize or require the | ||||||
| 8 | medical supervision, regulation or control of remedial care or | ||||||
| 9 | treatment of any resident in a long term care facility | ||||||
| 10 | operated exclusively by and for members or adherents of any | ||||||
| 11 | church or religious denomination the tenets and practices of | ||||||
| 12 | which include reliance solely upon spiritual means through | ||||||
| 13 | prayer for healing. | ||||||
| 14 | (j) The Long Term Care Ombudsman Fund is created as a | ||||||
| 15 | special fund in the State treasury to receive moneys for the | ||||||
| 16 | express purposes of this Section. All interest earned on | ||||||
| 17 | moneys in the fund shall be credited to the fund. Moneys | ||||||
| 18 | contained in the fund shall be used to support the purposes of | ||||||
| 19 | this Section. | ||||||
| 20 | (k) Each Regional Ombudsman may, in accordance with rules | ||||||
| 21 | promulgated by the Office, establish a multi-disciplinary team | ||||||
| 22 | to act in an advisory role for the purpose of providing | ||||||
| 23 | professional knowledge and expertise in handling complex | ||||||
| 24 | abuse, neglect, and advocacy issues involving participants. | ||||||
| 25 | Each multi-disciplinary team may consist of one or more | ||||||
| 26 | volunteer representatives from any combination of at least 7 | ||||||
| |||||||
| |||||||
| 1 | members from the following professions: banking or finance; | ||||||
| 2 | disability care; health care; pharmacology; law; law | ||||||
| 3 | enforcement; emergency responder; mental health care; clergy; | ||||||
| 4 | coroner or medical examiner; substance abuse; domestic | ||||||
| 5 | violence; sexual assault; or other related fields. To support | ||||||
| 6 | multi-disciplinary teams in this role, law enforcement | ||||||
| 7 | agencies and coroners or medical examiners shall supply | ||||||
| 8 | records as may be requested in particular cases. The Regional | ||||||
| 9 | Ombudsman, or his or her designee, of the area in which the | ||||||
| 10 | multi-disciplinary team is created shall be the facilitator of | ||||||
| 11 | the multi-disciplinary team. | ||||||
| 12 | (Source: P.A. 102-1033, eff. 1-1-23; 103-329, eff. 1-1-24; | ||||||
| 13 | 103-762, eff. 1-1-25; 103-767, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 14 | Section 80. The Substance Use Disorder Act is amended by | ||||||
| 15 | changing Section 5-23 as follows:
| ||||||
| 16 | (20 ILCS 301/5-23) | ||||||
| 17 | Sec. 5-23. Drug Overdose Prevention Program. | ||||||
| 18 | (a) Reports. | ||||||
| 19 | (1) The Department may publish annually a report on | ||||||
| 20 | drug overdose trends statewide that reviews State death | ||||||
| 21 | rates from available data to ascertain changes in the | ||||||
| 22 | causes or rates of fatal and nonfatal drug overdose. The | ||||||
| 23 | report shall also provide information on interventions | ||||||
| 24 | that would be effective in reducing the rate of fatal or | ||||||
| |||||||
| |||||||
| 1 | nonfatal drug overdose and on the current substance use | ||||||
| 2 | disorder treatment capacity within the State. The report | ||||||
| 3 | shall include an analysis of drug overdose information | ||||||
| 4 | reported to the Department of Public Health pursuant to | ||||||
| 5 | subsection (e) of Section 3-3013 of the Counties Code, | ||||||
| 6 | Section 6.14g of the Hospital Licensing Act, and | ||||||
| 7 | subsection (j) of Section 22-30 of the School Code. | ||||||
| 8 | (2) The report may include: | ||||||
| 9 | (A) Trends in drug overdose death rates. | ||||||
| 10 | (B) Trends in emergency room utilization related | ||||||
| 11 | to drug overdose and the cost impact of emergency room | ||||||
| 12 | utilization. | ||||||
| 13 | (C) Trends in utilization of pre-hospital and | ||||||
| 14 | emergency services and the cost impact of emergency | ||||||
| 15 | services utilization. | ||||||
| 16 | (D) Suggested improvements in data collection. | ||||||
| 17 | (E) A description of other interventions effective | ||||||
| 18 | in reducing the rate of fatal or nonfatal drug | ||||||
| 19 | overdose. | ||||||
| 20 | (F) A description of efforts undertaken to educate | ||||||
| 21 | the public about unused medication and about how to | ||||||
| 22 | properly dispose of unused medication, including the | ||||||
| 23 | number of registered collection receptacles in this | ||||||
| 24 | State, mail-back programs, and drug take-back events. | ||||||
| 25 | (G) An inventory of the State's substance use | ||||||
| 26 | disorder treatment capacity, including, but not | ||||||
| |||||||
| |||||||
| 1 | limited to: | ||||||
| 2 | (i) The number and type of licensed treatment | ||||||
| 3 | programs in each geographic area of the State. | ||||||
| 4 | (ii) The availability of medication-assisted | ||||||
| 5 | treatment at each licensed program and which types | ||||||
| 6 | of medication-assisted treatment are available. | ||||||
| 7 | (iii) The number of recovery homes that accept | ||||||
| 8 | individuals using medication-assisted treatment in | ||||||
| 9 | their recovery. | ||||||
| 10 | (iv) The number of medical professionals | ||||||
| 11 | currently authorized to prescribe buprenorphine | ||||||
| 12 | and the number of individuals who fill | ||||||
| 13 | prescriptions for that medication at retail | ||||||
| 14 | pharmacies as prescribed. | ||||||
| 15 | (v) Any partnerships between programs licensed | ||||||
| 16 | by the Department and other providers of | ||||||
| 17 | medication-assisted treatment. | ||||||
| 18 | (vi) Any challenges in providing | ||||||
| 19 | medication-assisted treatment reported by programs | ||||||
| 20 | licensed by the Department and any potential | ||||||
| 21 | solutions. | ||||||
| 22 | (b) Programs; drug overdose prevention. | ||||||
| 23 | (1) The Department may establish a program to provide | ||||||
| 24 | for the production and publication, in electronic and | ||||||
| 25 | other formats, of drug overdose prevention, recognition, | ||||||
| 26 | and response literature. The Department may develop and | ||||||
| |||||||
| |||||||
| 1 | disseminate curricula for use by professionals, | ||||||
| 2 | organizations, individuals, or committees interested in | ||||||
| 3 | the prevention of fatal and nonfatal drug overdose, | ||||||
| 4 | including, but not limited to, drug users, jail and prison | ||||||
| 5 | personnel, jail and prison inmates, drug treatment | ||||||
| 6 | professionals, emergency medical personnel, hospital | ||||||
| 7 | staff, families and associates of drug users, peace | ||||||
| 8 | officers, firefighters, public safety officers, needle | ||||||
| 9 | exchange program staff, and other persons. In addition to | ||||||
| 10 | information regarding drug overdose prevention, | ||||||
| 11 | recognition, and response, literature produced by the | ||||||
| 12 | Department shall stress that drug use remains illegal and | ||||||
| 13 | highly dangerous and that complete abstinence from illegal | ||||||
| 14 | drug use is the healthiest choice. The literature shall | ||||||
| 15 | provide information and resources for substance use | ||||||
| 16 | disorder treatment. | ||||||
| 17 | The Department may establish or authorize programs for | ||||||
| 18 | prescribing, dispensing, or distributing opioid | ||||||
| 19 | antagonists for the treatment of drug overdose and for | ||||||
| 20 | dispensing and distributing fentanyl test strips to | ||||||
| 21 | further promote harm reduction efforts and prevent an | ||||||
| 22 | overdose. Such programs may include the prescribing of | ||||||
| 23 | opioid antagonists for the treatment of drug overdose to a | ||||||
| 24 | person who is not at risk of opioid overdose but who, in | ||||||
| 25 | the judgment of the health care professional, may be in a | ||||||
| 26 | position to assist another individual during an | ||||||
| |||||||
| |||||||
| 1 | opioid-related drug overdose and who has received basic | ||||||
| 2 | instruction on how to administer an opioid antagonist. | ||||||
| 3 | (2) The Department may provide advice to State and | ||||||
| 4 | local officials on the growing drug overdose crisis, | ||||||
| 5 | including the prevalence of drug overdose incidents, | ||||||
| 6 | programs promoting the disposal of unused prescription | ||||||
| 7 | drugs, trends in drug overdose incidents, and solutions to | ||||||
| 8 | the drug overdose crisis. | ||||||
| 9 | (3) The Department may support drug overdose | ||||||
| 10 | prevention, recognition, and response projects by | ||||||
| 11 | facilitating the acquisition of opioid antagonist | ||||||
| 12 | medication approved for opioid overdose reversal, | ||||||
| 13 | facilitating the acquisition of opioid antagonist | ||||||
| 14 | medication approved for opioid overdose reversal, | ||||||
| 15 | providing trainings in overdose prevention best practices, | ||||||
| 16 | facilitating the acquisition of fentanyl test strips to | ||||||
| 17 | test for the presence of fentanyl, a fentanyl analog, or a | ||||||
| 18 | drug adulterant within a controlled substance, connecting | ||||||
| 19 | programs to medical resources, establishing a statewide | ||||||
| 20 | standing order for the acquisition of needed medication, | ||||||
| 21 | establishing learning collaboratives between localities | ||||||
| 22 | and programs, and assisting programs in navigating any | ||||||
| 23 | regulatory requirements for establishing or expanding such | ||||||
| 24 | programs. | ||||||
| 25 | (4) In supporting best practices in drug overdose | ||||||
| 26 | prevention programming, the Department may promote the | ||||||
| |||||||
| |||||||
| 1 | following programmatic elements: | ||||||
| 2 | (A) Training individuals who currently use drugs | ||||||
| 3 | in the administration of opioid antagonists approved | ||||||
| 4 | for the reversal of an opioid overdose and in the use | ||||||
| 5 | of fentanyl test strips to test for the presence of | ||||||
| 6 | fentanyl, a fentanyl analog, or a drug adulterant | ||||||
| 7 | within a controlled substance. | ||||||
| 8 | (B) Directly distributing opioid antagonists | ||||||
| 9 | approved for the reversal of an opioid overdose rather | ||||||
| 10 | than providing prescriptions to be filled at a | ||||||
| 11 | pharmacy. | ||||||
| 12 | (B-1) Directly distributing fentanyl test strips | ||||||
| 13 | to test for the presence of fentanyl, a fentanyl | ||||||
| 14 | analog, or a drug adulterant within a controlled | ||||||
| 15 | substance. | ||||||
| 16 | (C) Conducting street and community outreach to | ||||||
| 17 | work directly with individuals who are using drugs. | ||||||
| 18 | (D) Employing community health workers or peer | ||||||
| 19 | recovery specialists who are familiar with the | ||||||
| 20 | communities served and can provide culturally | ||||||
| 21 | competent services. | ||||||
| 22 | (E) Collaborating with other community-based | ||||||
| 23 | organizations, substance use disorder treatment | ||||||
| 24 | centers, or other health care providers engaged in | ||||||
| 25 | treating individuals who are using drugs. | ||||||
| 26 | (F) Providing linkages for individuals to obtain | ||||||
| |||||||
| |||||||
| 1 | evidence-based substance use disorder treatment. | ||||||
| 2 | (G) Engaging individuals exiting jails or prisons | ||||||
| 3 | who are at a high risk of overdose. | ||||||
| 4 | (H) Providing education and training to | ||||||
| 5 | community-based organizations who work directly with | ||||||
| 6 | individuals who are using drugs and those individuals' | ||||||
| 7 | families and communities. | ||||||
| 8 | (I) Providing education and training on drug | ||||||
| 9 | overdose prevention and response to emergency | ||||||
| 10 | personnel and law enforcement. | ||||||
| 11 | (J) Informing communities of the important role | ||||||
| 12 | emergency personnel play in responding to accidental | ||||||
| 13 | overdose. | ||||||
| 14 | (K) Producing and distributing targeted mass media | ||||||
| 15 | materials on drug overdose prevention and response, | ||||||
| 16 | the potential dangers of leaving unused prescription | ||||||
| 17 | drugs in the home, and the proper methods for | ||||||
| 18 | disposing of unused prescription drugs. | ||||||
| 19 | (c) Grants. | ||||||
| 20 | (1) The Department may award grants, in accordance | ||||||
| 21 | with this subsection, to create or support local drug | ||||||
| 22 | overdose prevention, recognition, and response projects. | ||||||
| 23 | Local health departments, correctional institutions, | ||||||
| 24 | hospitals, universities, community-based organizations, | ||||||
| 25 | and faith-based organizations may apply to the Department | ||||||
| 26 | for a grant under this subsection at the time and in the | ||||||
| |||||||
| |||||||
| 1 | manner the Department prescribes. Eligible grant | ||||||
| 2 | activities include, but are not limited to, purchasing and | ||||||
| 3 | distributing opioid antagonists and fentanyl test strips, | ||||||
| 4 | hiring peer recovery specialists or other community | ||||||
| 5 | members to conduct community outreach, and hosting public | ||||||
| 6 | health fairs or events to distribute opioid antagonists | ||||||
| 7 | and fentanyl test strips, promote harm reduction | ||||||
| 8 | activities, and provide linkages to community partners. | ||||||
| 9 | (2) In awarding grants, the Department shall consider | ||||||
| 10 | the overall rate of opioid overdose, the rate of increase | ||||||
| 11 | in opioid overdose, and racial disparities in opioid | ||||||
| 12 | overdose experienced by the communities to be served by | ||||||
| 13 | grantees. The Department shall encourage all grant | ||||||
| 14 | applicants to develop interventions that will be effective | ||||||
| 15 | and viable in their local areas. | ||||||
| 16 | (3) (Blank). | ||||||
| 17 | (3.5) Any hospital licensed under the Hospital | ||||||
| 18 | Licensing Act or organized under the University of | ||||||
| 19 | Illinois Hospital Act shall be deemed to have met the | ||||||
| 20 | standards and requirements set forth in this Section to | ||||||
| 21 | enroll in the drug overdose prevention program upon | ||||||
| 22 | completion of the enrollment process except that proof of | ||||||
| 23 | a standing order and attestation of programmatic | ||||||
| 24 | requirements shall be waived for enrollment purposes. | ||||||
| 25 | Reporting mandated by enrollment shall be necessary to | ||||||
| 26 | carry out or attain eligibility for associated resources | ||||||
| |||||||
| |||||||
| 1 | under this Section for drug overdose prevention projects | ||||||
| 2 | operated on the licensed premises of the hospital and | ||||||
| 3 | operated by the hospital or its designated agent. The | ||||||
| 4 | Department shall streamline hospital enrollment for drug | ||||||
| 5 | overdose prevention programs by accepting such deemed | ||||||
| 6 | status under this Section in order to reduce barriers to | ||||||
| 7 | hospital participation in drug overdose prevention, | ||||||
| 8 | recognition, or response projects. Subject to | ||||||
| 9 | appropriation, any hospital under this paragraph and any | ||||||
| 10 | other organization deemed eligible by the Department shall | ||||||
| 11 | be enrolled to receive fentanyl test strips from the | ||||||
| 12 | Department and distribute fentanyl test strips upon | ||||||
| 13 | enrollment in the Drug Overdose Prevention Program. | ||||||
| 14 | (4) In addition to moneys appropriated by the General | ||||||
| 15 | Assembly, the Department may seek grants from private | ||||||
| 16 | foundations, the federal government, and other sources to | ||||||
| 17 | fund the grants under this Section and to fund an | ||||||
| 18 | evaluation of the programs supported by the grants. | ||||||
| 19 | (d) Health care professional prescription of opioid | ||||||
| 20 | antagonists. | ||||||
| 21 | (1) A health care professional who, acting in good | ||||||
| 22 | faith, directly or by standing order, prescribes or | ||||||
| 23 | dispenses an opioid antagonist to: (a) a patient who, in | ||||||
| 24 | the judgment of the health care professional, is capable | ||||||
| 25 | of administering the drug in an emergency, or (b) a person | ||||||
| 26 | who is not at risk of opioid overdose but who, in the | ||||||
| |||||||
| |||||||
| 1 | judgment of the health care professional, may be in a | ||||||
| 2 | position to assist another individual during an | ||||||
| 3 | opioid-related drug overdose and who has received basic | ||||||
| 4 | instruction on how to administer an opioid antagonist | ||||||
| 5 | shall not, as a result of his or her acts or omissions, be | ||||||
| 6 | subject to: (i) any disciplinary or other adverse action | ||||||
| 7 | under the Medical Practice Act of 1987, the Physician | ||||||
| 8 | Assistant Practice Act of 1987, the Nurse Practice Act, | ||||||
| 9 | the Pharmacy Practice Act, or any other professional | ||||||
| 10 | licensing statute or (ii) any criminal liability, except | ||||||
| 11 | for willful and wanton misconduct. | ||||||
| 12 | (1.5) Notwithstanding any provision of or requirement | ||||||
| 13 | otherwise imposed by the Pharmacy Practice Act, the | ||||||
| 14 | Medical Practice Act of 1987, or any other law or rule, | ||||||
| 15 | including, but not limited to, any requirement related to | ||||||
| 16 | labeling, storage, or recordkeeping, a health care | ||||||
| 17 | professional or other person acting under the direction of | ||||||
| 18 | a health care professional may, directly or by standing | ||||||
| 19 | order, obtain, store, and dispense an opioid antagonist to | ||||||
| 20 | a patient in a facility that includes, but is not limited | ||||||
| 21 | to, a hospital, a hospital affiliate, or a federally | ||||||
| 22 | qualified health center if the patient information | ||||||
| 23 | specified in paragraph (4) of this subsection is provided | ||||||
| 24 | to the patient. A person acting in accordance with this | ||||||
| 25 | paragraph shall not, as a result of his or her acts or | ||||||
| 26 | omissions, be subject to: (i) any disciplinary or other | ||||||
| |||||||
| |||||||
| 1 | adverse action under the Medical Practice Act of 1987, the | ||||||
| 2 | Physician Assistant Practice Act of 1987, the Nurse | ||||||
| 3 | Practice Act, the Pharmacy Practice Act, or any other | ||||||
| 4 | professional licensing statute; or (ii) any criminal | ||||||
| 5 | liability, except for willful and wanton misconduct. | ||||||
| 6 | (2) A person who is not otherwise licensed to | ||||||
| 7 | administer an opioid antagonist may in an emergency | ||||||
| 8 | administer without fee an opioid antagonist if the person | ||||||
| 9 | has received the patient information specified in | ||||||
| 10 | paragraph (4) of this subsection and believes in good | ||||||
| 11 | faith that another person is experiencing a drug overdose. | ||||||
| 12 | The person shall not, as a result of his or her acts or | ||||||
| 13 | omissions, be (i) liable for any violation of the Medical | ||||||
| 14 | Practice Act of 1987, the Physician Assistant Practice Act | ||||||
| 15 | of 1987, the Nurse Practice Act, the Pharmacy Practice | ||||||
| 16 | Act, or any other professional licensing statute, or (ii) | ||||||
| 17 | subject to any criminal prosecution or civil liability, | ||||||
| 18 | except for willful and wanton misconduct. | ||||||
| 19 | (3) A health care professional prescribing an opioid | ||||||
| 20 | antagonist to a patient shall ensure that the patient | ||||||
| 21 | receives the patient information specified in paragraph | ||||||
| 22 | (4) of this subsection. Patient information may be | ||||||
| 23 | provided by the health care professional or a | ||||||
| 24 | community-based organization, substance use disorder | ||||||
| 25 | program, or other organization with which the health care | ||||||
| 26 | professional establishes a written agreement that includes | ||||||
| |||||||
| |||||||
| 1 | a description of how the organization will provide patient | ||||||
| 2 | information, how employees or volunteers providing | ||||||
| 3 | information will be trained, and standards for documenting | ||||||
| 4 | the provision of patient information to patients. | ||||||
| 5 | Provision of patient information shall be documented in | ||||||
| 6 | the patient's medical record or through similar means as | ||||||
| 7 | determined by agreement between the health care | ||||||
| 8 | professional and the organization. The Department, in | ||||||
| 9 | consultation with statewide organizations representing | ||||||
| 10 | physicians, pharmacists, advanced practice registered | ||||||
| 11 | nurses, physician assistants, substance use disorder | ||||||
| 12 | programs, and other interested groups, shall develop and | ||||||
| 13 | disseminate to health care professionals, community-based | ||||||
| 14 | organizations, substance use disorder programs, and other | ||||||
| 15 | organizations training materials in video, electronic, or | ||||||
| 16 | other formats to facilitate the provision of such patient | ||||||
| 17 | information. | ||||||
| 18 | (4) For the purposes of this subsection: | ||||||
| 19 | "Opioid antagonist" means a drug that binds to opioid | ||||||
| 20 | receptors and blocks or inhibits the effect of opioids | ||||||
| 21 | acting on those receptors, including, but not limited to, | ||||||
| 22 | naloxone hydrochloride or any other similarly acting drug | ||||||
| 23 | approved by the U.S. Food and Drug Administration. | ||||||
| 24 | "Health care professional" means a physician licensed | ||||||
| 25 | to practice medicine in all its branches, a licensed | ||||||
| 26 | physician assistant with prescriptive authority, a | ||||||
| |||||||
| |||||||
| 1 | licensed advanced practice registered nurse with | ||||||
| 2 | prescriptive authority, an advanced practice registered | ||||||
| 3 | nurse or physician assistant who practices in a hospital, | ||||||
| 4 | hospital affiliate, or ambulatory surgical treatment | ||||||
| 5 | center and possesses appropriate clinical privileges in | ||||||
| 6 | accordance with the Nurse Practice Act, or a pharmacist | ||||||
| 7 | licensed to practice pharmacy under the Pharmacy Practice | ||||||
| 8 | Act. | ||||||
| 9 | "Patient" includes a person who is not at risk of | ||||||
| 10 | opioid overdose but who, in the judgment of the physician, | ||||||
| 11 | advanced practice registered nurse, or physician | ||||||
| 12 | assistant, may be in a position to assist another | ||||||
| 13 | individual during an overdose and who has received patient | ||||||
| 14 | information as required in paragraph (2) of this | ||||||
| 15 | subsection on the indications for and administration of an | ||||||
| 16 | opioid antagonist. | ||||||
| 17 | "Patient information" includes information provided to | ||||||
| 18 | the patient on drug overdose prevention and recognition; | ||||||
| 19 | how to perform rescue breathing and resuscitation; opioid | ||||||
| 20 | antagonist dosage and administration; the importance of | ||||||
| 21 | calling 911; care for the overdose victim after | ||||||
| 22 | administration of the overdose antagonist; and other | ||||||
| 23 | issues as necessary. | ||||||
| 24 | (e) Drug overdose response policy. | ||||||
| 25 | (1) Every State and local government agency that | ||||||
| 26 | employs a law enforcement officer or fireman as those | ||||||
| |||||||
| |||||||
| 1 | terms are defined in the Line of Duty Compensation Act | ||||||
| 2 | must possess opioid antagonists and must establish a | ||||||
| 3 | policy to control the acquisition, storage, | ||||||
| 4 | transportation, and administration of such opioid | ||||||
| 5 | antagonists and to provide training in the administration | ||||||
| 6 | of opioid antagonists. A State or local government agency | ||||||
| 7 | that employs a probation officer, as defined in Section 9b | ||||||
| 8 | of the Probation and Probation Officers Act, or a fireman | ||||||
| 9 | as defined in the Line of Duty Compensation Act but does | ||||||
| 10 | not respond to emergency medical calls or provide medical | ||||||
| 11 | services shall be exempt from this subsection. | ||||||
| 12 | (2) Every publicly or privately owned ambulance, | ||||||
| 13 | special emergency medical services vehicle, non-transport | ||||||
| 14 | vehicle, or ambulance assist vehicle, as described in the | ||||||
| 15 | Emergency Medical Services (EMS) Systems Act, that | ||||||
| 16 | responds to requests for emergency services or transports | ||||||
| 17 | patients between hospitals in emergency situations must | ||||||
| 18 | possess opioid antagonists. | ||||||
| 19 | (3) Entities that are required under paragraphs (1) | ||||||
| 20 | and (2) to possess opioid antagonists may also apply to | ||||||
| 21 | the Department for a grant to fund the acquisition of | ||||||
| 22 | opioid antagonists and training programs on the | ||||||
| 23 | administration of opioid antagonists. | ||||||
| 24 | (Source: P.A. 102-598, eff. 1-1-22; 103-602, eff. 7-1-24; | ||||||
| 25 | 103-980, eff. 1-1-25; revised 11-26-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 85. The Department of Central Management Services | ||||||
| 2 | Law of the Civil Administrative Code of Illinois is amended by | ||||||
| 3 | changing Section 405-545 as follows:
| ||||||
| 4 | (20 ILCS 405/405-545) | ||||||
| 5 | (This Section may contain text from a Public Act with a | ||||||
| 6 | delayed effective date) | ||||||
| 7 | Sec. 405-545. Opioid antagonists. | ||||||
| 8 | (a) As used in this Section, "opioid antagonist" has the | ||||||
| 9 | meaning given to that term in Section 5-23 of the Substance Use | ||||||
| 10 | Disorder Act | ||||||
| 11 | (b) A State agency may make opioid antagonists available | ||||||
| 12 | at a location where its employees work if the State agency | ||||||
| 13 | trains employees in the use and administration of the opioid | ||||||
| 14 | antagonists. | ||||||
| 15 | (c) An employee of a State agency that uses and | ||||||
| 16 | administers administrates opioid antagonists as described in | ||||||
| 17 | this Section is exempt from civil liability under Section 69 | ||||||
| 18 | of the Good Samaritan Act. | ||||||
| 19 | (Source: P.A. 103-845, eff. 7-1-25; revised 10-21-24.)
| ||||||
| 20 | Section 90. The Children and Family Services Act is | ||||||
| 21 | amended by changing Sections 5.15, 5.46, and 7.3b as follows:
| ||||||
| 22 | (20 ILCS 505/5.15) | ||||||
| 23 | (Section scheduled to be repealed on July 1, 2026) | ||||||
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| 1 | Sec. 5.15. Day care; Department of Human Services. | ||||||
| 2 | (a) For the purpose of ensuring effective statewide | ||||||
| 3 | planning, development, and utilization of resources for the | ||||||
| 4 | day care of children, operated under various auspices, the | ||||||
| 5 | Department of Human Services, or any State agency that assumes | ||||||
| 6 | these responsibilities, is designated to coordinate all day | ||||||
| 7 | care activities for children of the State and shall develop or | ||||||
| 8 | continue, and shall update every year, a State comprehensive | ||||||
| 9 | day-care plan for submission to the Governor that identifies | ||||||
| 10 | high-priority areas and groups, relating them to available | ||||||
| 11 | resources and identifying the most effective approaches to the | ||||||
| 12 | use of existing day care services. The State comprehensive | ||||||
| 13 | day-care plan shall be made available to the General Assembly | ||||||
| 14 | following the Governor's approval of the plan. | ||||||
| 15 | The plan shall include methods and procedures for the | ||||||
| 16 | development of additional day care resources for children to | ||||||
| 17 | meet the goal of reducing short-run and long-run dependency | ||||||
| 18 | and to provide necessary enrichment and stimulation to the | ||||||
| 19 | education of young children. Recommendations shall be made for | ||||||
| 20 | State policy on optimum use of private and public, local, | ||||||
| 21 | State and federal resources, including an estimate of the | ||||||
| 22 | resources needed for the licensing and regulation of day care | ||||||
| 23 | facilities. | ||||||
| 24 | A written report shall be submitted to the Governor and | ||||||
| 25 | the General Assembly annually on April 15. The report shall | ||||||
| 26 | include an evaluation of developments over the preceding | ||||||
| |||||||
| |||||||
| 1 | fiscal year, including cost-benefit analyses of various | ||||||
| 2 | arrangements. Beginning with the report in 1990 submitted by | ||||||
| 3 | the Department's predecessor agency and every 2 years | ||||||
| 4 | thereafter, the report shall also include the following: | ||||||
| 5 | (1) An assessment of the child care services, needs | ||||||
| 6 | and available resources throughout the State and an | ||||||
| 7 | assessment of the adequacy of existing child care | ||||||
| 8 | services, including, but not limited to, services assisted | ||||||
| 9 | under this Act and under any other program administered by | ||||||
| 10 | other State agencies. | ||||||
| 11 | (2) A survey of day care facilities to determine the | ||||||
| 12 | number of qualified caregivers, as defined by rule, | ||||||
| 13 | attracted to vacant positions, or retained at the current | ||||||
| 14 | positions, and any problems encountered by facilities in | ||||||
| 15 | attracting and retaining capable caregivers. The report | ||||||
| 16 | shall include an assessment, based on the survey, of | ||||||
| 17 | improvements in employee benefits that may attract capable | ||||||
| 18 | caregivers. The survey process shall incorporate feedback | ||||||
| 19 | from groups and individuals with relevant expertise or | ||||||
| 20 | lived experience, including, but not limited to, educators | ||||||
| 21 | and child care providers, regarding the collection of data | ||||||
| 22 | in order to inform strategies and costs related to the | ||||||
| 23 | Child Care Development Fund and the General Revenue Fund, | ||||||
| 24 | for the purpose of promoting workforce recruitment and | ||||||
| 25 | retention. The survey shall, at a minimum, be updated | ||||||
| 26 | every 4 years based on feedback received. Initial survey | ||||||
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| |||||||
| 1 | updates shall be made prior to the 2025 survey data | ||||||
| 2 | collection. | ||||||
| 3 | (3) The average wages and salaries and fringe benefit | ||||||
| 4 | packages paid to caregivers throughout the State, computed | ||||||
| 5 | on a regional basis, compared to similarly qualified | ||||||
| 6 | employees in other but related fields. | ||||||
| 7 | (4) The qualifications of new caregivers hired at | ||||||
| 8 | licensed day care facilities during the previous 2-year | ||||||
| 9 | period. | ||||||
| 10 | (5) Recommendations for increasing caregiver wages and | ||||||
| 11 | salaries to ensure quality care for children. | ||||||
| 12 | (6) Evaluation of the fee structure and income | ||||||
| 13 | eligibility for child care subsidized by the State. | ||||||
| 14 | The requirement for reporting to the General Assembly | ||||||
| 15 | shall be satisfied by filing copies of the report as required | ||||||
| 16 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
| 17 | filing such additional copies with the State Government Report | ||||||
| 18 | Distribution Center for the General Assembly as is required | ||||||
| 19 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
| 20 | (b) The Department of Human Services shall establish | ||||||
| 21 | policies and procedures for developing and implementing | ||||||
| 22 | interagency agreements with other agencies of the State | ||||||
| 23 | providing child care services or reimbursement for such | ||||||
| 24 | services. The plans shall be annually reviewed and modified | ||||||
| 25 | for the purpose of addressing issues of applicability and | ||||||
| 26 | service system barriers. | ||||||
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| 1 | (c) In cooperation with other State agencies, the | ||||||
| 2 | Department of Human Services shall develop and implement, or | ||||||
| 3 | shall continue, a resource and referral system for the State | ||||||
| 4 | of Illinois either within the Department or by contract with | ||||||
| 5 | local or regional agencies. Funding for implementation of this | ||||||
| 6 | system may be provided through Department appropriations or | ||||||
| 7 | other inter-agency funding arrangements. The resource and | ||||||
| 8 | referral system shall provide at least the following services: | ||||||
| 9 | (1) Assembling and maintaining a data base on the | ||||||
| 10 | supply of child care services. | ||||||
| 11 | (2) Providing information and referrals for parents. | ||||||
| 12 | (3) Coordinating the development of new child care | ||||||
| 13 | resources. | ||||||
| 14 | (4) Providing technical assistance and training to | ||||||
| 15 | child care service providers. | ||||||
| 16 | (5) Recording and analyzing the demand for child care | ||||||
| 17 | services. | ||||||
| 18 | (d) The Department of Human Services shall conduct day | ||||||
| 19 | care planning activities with the following priorities: | ||||||
| 20 | (1) Development of voluntary day care resources | ||||||
| 21 | wherever possible, with the provision for grants-in-aid | ||||||
| 22 | only where demonstrated to be useful and necessary as | ||||||
| 23 | incentives or supports. By January 1, 2002, the Department | ||||||
| 24 | shall design a plan to create more child care slots as well | ||||||
| 25 | as goals and timetables to improve quality and | ||||||
| 26 | accessibility of child care. | ||||||
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| 1 | (2) Emphasis on service to children of recipients of | ||||||
| 2 | public assistance when such service will allow training or | ||||||
| 3 | employment of the parent toward achieving the goal of | ||||||
| 4 | independence. | ||||||
| 5 | (3) (Blank). | ||||||
| 6 | (4) Care of children from families in stress and | ||||||
| 7 | crises whose members potentially may become, or are in | ||||||
| 8 | danger of becoming, non-productive and dependent. | ||||||
| 9 | (5) Expansion of family day care facilities wherever | ||||||
| 10 | possible. | ||||||
| 11 | (6) Location of centers in economically depressed | ||||||
| 12 | neighborhoods, preferably in multi-service centers with | ||||||
| 13 | cooperation of other agencies. The Department shall | ||||||
| 14 | coordinate the provision of grants, but only to the extent | ||||||
| 15 | funds are specifically appropriated for this purpose, to | ||||||
| 16 | encourage the creation and expansion of child care centers | ||||||
| 17 | in high need communities to be issued by the State, | ||||||
| 18 | business, and local governments. | ||||||
| 19 | (7) Use of existing facilities free of charge or for | ||||||
| 20 | reasonable rental whenever possible in lieu of | ||||||
| 21 | construction. | ||||||
| 22 | (8) Development of strategies for assuring a more | ||||||
| 23 | complete range of day care options, including provision of | ||||||
| 24 | day care services in homes, in schools, or in centers, | ||||||
| 25 | which will enable a parent or parents to complete a course | ||||||
| 26 | of education or obtain or maintain employment and the | ||||||
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| |||||||
| 1 | creation of more child care options for swing shift, | ||||||
| 2 | evening, and weekend workers and for working women with | ||||||
| 3 | sick children. The Department shall encourage companies to | ||||||
| 4 | provide child care in their own offices or in the building | ||||||
| 5 | in which the corporation is located so that employees of | ||||||
| 6 | all the building's tenants can benefit from the facility. | ||||||
| 7 | (9) Development of strategies for subsidizing students | ||||||
| 8 | pursuing degrees in the child care field. | ||||||
| 9 | (10) Continuation and expansion of service programs | ||||||
| 10 | that assist teen parents to continue and complete their | ||||||
| 11 | education. | ||||||
| 12 | Emphasis shall be given to support services that will help | ||||||
| 13 | to ensure such parents' graduation from high school and to | ||||||
| 14 | services for participants in any programs of job training | ||||||
| 15 | conducted by the Department. | ||||||
| 16 | (e) The Department of Human Services shall actively | ||||||
| 17 | stimulate the development of public and private resources at | ||||||
| 18 | the local level. It shall also seek the fullest utilization of | ||||||
| 19 | federal funds directly or indirectly available to the | ||||||
| 20 | Department. | ||||||
| 21 | Where appropriate, existing non-governmental agencies or | ||||||
| 22 | associations shall be involved in planning by the Department. | ||||||
| 23 | (f) To better accommodate the child care needs of low | ||||||
| 24 | income working families, especially those who receive | ||||||
| 25 | Temporary Assistance for Needy Families (TANF) or who are | ||||||
| 26 | transitioning from TANF to work, or who are at risk of | ||||||
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| |||||||
| 1 | depending on TANF in the absence of child care, the Department | ||||||
| 2 | shall complete a study using outcome-based assessment | ||||||
| 3 | measurements to analyze the various types of child care needs, | ||||||
| 4 | including but not limited to: child care homes; child care | ||||||
| 5 | facilities; before and after school care; and evening and | ||||||
| 6 | weekend care. Based upon the findings of the study, the | ||||||
| 7 | Department shall develop a plan by April 15, 1998, that | ||||||
| 8 | identifies the various types of child care needs within | ||||||
| 9 | various geographic locations. The plan shall include, but not | ||||||
| 10 | be limited to, the special needs of parents and guardians in | ||||||
| 11 | need of non-traditional child care services such as early | ||||||
| 12 | mornings, evenings, and weekends; the needs of very low income | ||||||
| 13 | families and children and how they might be better served; and | ||||||
| 14 | strategies to assist child care providers to meet the needs | ||||||
| 15 | and schedules of low income families. | ||||||
| 16 | (g) This Section is repealed on July 1, 2026. | ||||||
| 17 | (Source: P.A. 103-594, eff. 6-25-24; 103-1054, eff. 12-20-24; | ||||||
| 18 | revised 1-13-25.)
| ||||||
| 19 | (20 ILCS 505/5.46) | ||||||
| 20 | Sec. 5.46. Application for Social Security benefits, | ||||||
| 21 | Supplemental Security Income, Veterans benefits, and Railroad | ||||||
| 22 | Retirement benefits. | ||||||
| 23 | (a) Definitions. As used in this Section: | ||||||
| 24 | "Achieving a Better Life Experience Account" or "ABLE | ||||||
| 25 | account" means an account established for the purpose of | ||||||
| |||||||
| |||||||
| 1 | financing certain qualified expenses of eligible individuals | ||||||
| 2 | as specifically provided for in Section 529A of the Internal | ||||||
| 3 | Revenue Code and Section 16.6 of the State Treasurer Act. | ||||||
| 4 | "Benefits" means Social Security benefits, Supplemental | ||||||
| 5 | Security Income, Veterans benefits, and Railroad Retirement | ||||||
| 6 | benefits. | ||||||
| 7 | "DCFS Guardianship Administrator" means a Department | ||||||
| 8 | representative appointed as guardian of the person or legal | ||||||
| 9 | custodian of the minor youth in care. | ||||||
| 10 | "Youth's attorney and guardian ad litem" means the person | ||||||
| 11 | appointed as the youth's attorney or guardian ad litem in | ||||||
| 12 | accordance with the Juvenile Court Act of 1987 in the | ||||||
| 13 | proceeding in which the Department is appointed as the youth's | ||||||
| 14 | guardian or custodian. | ||||||
| 15 | (b) Application for benefits. | ||||||
| 16 | (1) Upon receiving temporary custody or guardianship | ||||||
| 17 | of a youth in care, the Department shall assess the youth | ||||||
| 18 | to determine whether the youth may be eligible for | ||||||
| 19 | benefits. If, after the assessment, the Department | ||||||
| 20 | determines that the youth may be eligible for benefits, | ||||||
| 21 | the Department shall ensure that an application is filed | ||||||
| 22 | on behalf of the youth. The Department shall prescribe by | ||||||
| 23 | rule how it will review cases of youth in care at regular | ||||||
| 24 | intervals to determine whether the youth may have become | ||||||
| 25 | eligible for benefits after the initial assessment. The | ||||||
| 26 | Department shall make reasonable efforts to encourage | ||||||
| |||||||
| |||||||
| 1 | youth in care over the age of 18 who are likely eligible | ||||||
| 2 | for benefits to cooperate with the application process and | ||||||
| 3 | to assist youth with the application process. | ||||||
| 4 | (2) When applying for benefits under this Section for | ||||||
| 5 | a youth in care the Department shall identify a | ||||||
| 6 | representative payee in accordance with the requirements | ||||||
| 7 | of 20 CFR 404.2021 and 416.621. If the Department is | ||||||
| 8 | seeking to be appointed as the youth's representative | ||||||
| 9 | payee, the Department must consider input, if provided, | ||||||
| 10 | from the youth's attorney and guardian ad litem regarding | ||||||
| 11 | whether another representative payee, consistent with the | ||||||
| 12 | requirements of 20 CFR 404.2021 and 416.621, is available. | ||||||
| 13 | If the Department serves as the representative payee for a | ||||||
| 14 | youth over the age of 18, the Department shall request a | ||||||
| 15 | court order, as described in subparagraph (C) of paragraph | ||||||
| 16 | (1) of subsection (d) and in subparagraph (C) of paragraph | ||||||
| 17 | (2) of subsection (d). | ||||||
| 18 | (c) Notifications. The Department shall immediately notify | ||||||
| 19 | a youth over the age of 16, the youth's attorney and guardian | ||||||
| 20 | ad litem, and the youth's parent or legal guardian or another | ||||||
| 21 | responsible adult of: | ||||||
| 22 | (1) any application for or any application to become | ||||||
| 23 | representative payee for benefits on behalf of a youth in | ||||||
| 24 | care; | ||||||
| 25 | (2) beginning January 1, 2025, any communications from | ||||||
| 26 | the Social Security Administration, the U.S. Department of | ||||||
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| |||||||
| 1 | Veterans Affairs, or the Railroad Retirement Board | ||||||
| 2 | pertaining to the acceptance or denial of benefits or the | ||||||
| 3 | selection of a representative payee; and | ||||||
| 4 | (3) beginning January 1, 2025, any appeal or other | ||||||
| 5 | action requested by the Department regarding an | ||||||
| 6 | application for benefits. | ||||||
| 7 | (d) Use of benefits. Consistent with federal law, when the | ||||||
| 8 | Department serves as the representative payee for a youth | ||||||
| 9 | receiving benefits and receives benefits on the youth's | ||||||
| 10 | behalf, the Department shall: | ||||||
| 11 | (1) Beginning January 1, 2024, ensure that when the | ||||||
| 12 | youth attains the age of 14 years and until the Department | ||||||
| 13 | no longer serves as the representative payee, a minimum | ||||||
| 14 | percentage of the youth's Supplemental Security Income | ||||||
| 15 | benefits are conserved in accordance with paragraph (4) as | ||||||
| 16 | follows: | ||||||
| 17 | (A) From the age of 14 through age 15, at least | ||||||
| 18 | 40%. | ||||||
| 19 | (B) From the age of 16 through age 17, at least | ||||||
| 20 | 80%. | ||||||
| 21 | (C) From the age of 18 and older, 100%, when a | ||||||
| 22 | court order has been entered expressly authorizing the | ||||||
| 23 | DCFS Guardianship Administrator to serve as the | ||||||
| 24 | designated representative to establish an ABLE account | ||||||
| 25 | on behalf of a youth in accordance with paragraph (4). | ||||||
| 26 | (2) Beginning January 1, 2024, ensure that when the | ||||||
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| |||||||
| 1 | youth attains the age of 14 years and until the Department | ||||||
| 2 | no longer serves as the representative payee a minimum | ||||||
| 3 | percentage of the youth's Social Security benefits, | ||||||
| 4 | Veterans benefits, or Railroad Retirement benefits are | ||||||
| 5 | conserved in accordance with paragraph (3) or (4), as | ||||||
| 6 | applicable, as follows: | ||||||
| 7 | (A) From the age of 14 through age 15, at least | ||||||
| 8 | 40%. | ||||||
| 9 | (B) From the age of 16 through age 17, at least | ||||||
| 10 | 80%. | ||||||
| 11 | (C) From the age of 18, 100%. If establishment of | ||||||
| 12 | an ABLE account is necessary to conserve benefits for | ||||||
| 13 | youth age 18 and older, then benefits shall be | ||||||
| 14 | conserved in accordance with paragraph (4) when a | ||||||
| 15 | court order has been entered expressly authorizing the | ||||||
| 16 | DCFS Guardianship Administrator to serve as the | ||||||
| 17 | designated representative to establish an ABLE account | ||||||
| 18 | on behalf of a youth. | ||||||
| 19 | (3) Exercise discretion in accordance with federal law | ||||||
| 20 | and in the best interests of the youth when making | ||||||
| 21 | decisions to use or conserve the youth's benefits that are | ||||||
| 22 | less than or not subject to asset or resource limits under | ||||||
| 23 | federal law, including using the benefits to address the | ||||||
| 24 | youth's special needs and conserving the benefits for the | ||||||
| 25 | youth's reasonably foreseeable future needs. | ||||||
| 26 | (4) Appropriately monitor any federal asset or | ||||||
| |||||||
| |||||||
| 1 | resource limits for the Supplemental Security Income | ||||||
| 2 | benefits and ensure that the youth's best interest is | ||||||
| 3 | served by using or conserving the benefits in a way that | ||||||
| 4 | avoids violating any federal asset or resource limits that | ||||||
| 5 | would affect the youth's eligibility to receive the | ||||||
| 6 | benefits, including, but not limited to: ; | ||||||
| 7 | (A) establishing an ABLE account authorized by | ||||||
| 8 | Section 529A of the Internal Revenue Code of 1986, for | ||||||
| 9 | the youth and conserving the youth's benefits in that | ||||||
| 10 | account in a manner that appropriately avoids any | ||||||
| 11 | federal asset or resource limits; | ||||||
| 12 | (B) if the Department determines that using the | ||||||
| 13 | benefits for services for current special needs not | ||||||
| 14 | already provided by the Department is in the best | ||||||
| 15 | interest of the youth, using the benefits for those | ||||||
| 16 | services; | ||||||
| 17 | (C) if federal law requires certain back payments | ||||||
| 18 | of benefits to be placed in a dedicated account, | ||||||
| 19 | complying with the requirements for dedicated accounts | ||||||
| 20 | under 20 CFR 416.640(e); and | ||||||
| 21 | (D) applying any other exclusions from federal | ||||||
| 22 | asset or resource limits available under federal law | ||||||
| 23 | and using or conserving the youth's benefits in a | ||||||
| 24 | manner that appropriately avoids any federal asset or | ||||||
| 25 | resource limits. | ||||||
| 26 | (e) By July 1, 2024, the Department shall provide a report | ||||||
| |||||||
| |||||||
| 1 | to the General Assembly regarding youth in care who receive | ||||||
| 2 | benefits who are not subject to this Act. The report shall | ||||||
| 3 | discuss a goal of expanding conservation of children's | ||||||
| 4 | benefits to all benefits of all children of any age for whom | ||||||
| 5 | the Department serves as representative payee. The report | ||||||
| 6 | shall include a description of any identified obstacles, steps | ||||||
| 7 | to be taken to address the obstacles, and a description of any | ||||||
| 8 | need for statutory, rule, or procedural changes. | ||||||
| 9 | (f) (1) Accounting. | ||||||
| 10 | (A) Beginning on November 17, 2023 (the effective date | ||||||
| 11 | of Public Act 103-564) this amendatory Act of the 103rd | ||||||
| 12 | General Assembly through December 31, 2024, upon request | ||||||
| 13 | of the youth's attorney or guardian ad litem, the | ||||||
| 14 | Department shall provide an annual accounting to the | ||||||
| 15 | youth's attorney and guardian ad litem of how the youth's | ||||||
| 16 | benefits have been used and conserved. | ||||||
| 17 | (B) Beginning January 1, 2025 and every year | ||||||
| 18 | thereafter, an annual accounting of how the youth's | ||||||
| 19 | benefits have been used and conserved shall be provided | ||||||
| 20 | automatically to the youth's attorney and guardian ad | ||||||
| 21 | litem. | ||||||
| 22 | (C) In addition, within 10 business days of a request | ||||||
| 23 | from a youth or the youth's attorney and guardian ad | ||||||
| 24 | litem, the Department shall provide an accounting to the | ||||||
| 25 | youth of how the youth's benefits have been used and | ||||||
| 26 | conserved. | ||||||
| |||||||
| |||||||
| 1 | (2) The accounting shall include: | ||||||
| 2 | (A) The amount of benefits received on the youth's | ||||||
| 3 | behalf since the most recent accounting and the date | ||||||
| 4 | the benefits were received. | ||||||
| 5 | (B) Information regarding the youth's benefits and | ||||||
| 6 | resources, including the youth's benefits, insurance, | ||||||
| 7 | cash assets, trust accounts, earnings, and other | ||||||
| 8 | resources. | ||||||
| 9 | (C) An accounting of the disbursement of benefit | ||||||
| 10 | funds, including the date, amount, identification of | ||||||
| 11 | payee, and purpose. | ||||||
| 12 | (D) Information regarding each request by the | ||||||
| 13 | youth, the youth's attorney and guardian ad litem, or | ||||||
| 14 | the youth's caregiver for disbursement of funds and a | ||||||
| 15 | statement regarding the reason for not granting the | ||||||
| 16 | request if the request was denied. | ||||||
| 17 | When the Department's guardianship of the youth is being | ||||||
| 18 | terminated, prior to or upon the termination of guardianship, | ||||||
| 19 | the Department shall provide (i) a final accounting to the | ||||||
| 20 | youth's attorney and guardian ad litem, and to either the | ||||||
| 21 | person or persons who will assume guardianship of the youth or | ||||||
| 22 | who is in the process of adopting the youth, if the youth is | ||||||
| 23 | under 18, or to the youth, if the youth is over 18 and (ii) | ||||||
| 24 | information to the parent, guardian, or youth regarding how to | ||||||
| 25 | apply to become the designated representative for the youth's | ||||||
| 26 | ABLE account. | ||||||
| |||||||
| |||||||
| 1 | (g) Education. The Department shall provide the youth who | ||||||
| 2 | have funds conserved under paragraphs (1) and (2) of | ||||||
| 3 | subsection (d) with education and support, including specific | ||||||
| 4 | information regarding the existence, availability, and use of | ||||||
| 5 | funds conserved for the youth in accordance with paragraphs | ||||||
| 6 | (1) and (2) of subsection (d), beginning by age 14 in a | ||||||
| 7 | developmentally appropriate manner. The education and support | ||||||
| 8 | services shall be developed in consultation with input from | ||||||
| 9 | the Department's Statewide Youth Advisory Board. Education and | ||||||
| 10 | informational materials related to ABLE accounts shall be | ||||||
| 11 | developed in consultation with and approved by the State | ||||||
| 12 | Treasurer. | ||||||
| 13 | (h) Adoption of rules. The Department shall adopt rules to | ||||||
| 14 | implement the provisions of this Section by January 1, 2024. | ||||||
| 15 | (i) Reporting. No later than February 28, 2023, the | ||||||
| 16 | Department shall file a report with the General Assembly | ||||||
| 17 | providing the following information for State Fiscal Years | ||||||
| 18 | 2019, 2020, 2021, and 2022 and annually beginning February 28, | ||||||
| 19 | 2023, for the preceding fiscal year: | ||||||
| 20 | (1) The number of youth entering care. | ||||||
| 21 | (2) The number of youth entering care receiving each | ||||||
| 22 | of the following types of benefits: Social Security | ||||||
| 23 | benefits, Supplemental Security Income, Veterans benefits, | ||||||
| 24 | Railroad Retirement benefits. | ||||||
| 25 | (3) The number of youth entering care for whom the | ||||||
| 26 | Department filed an application for each of the following | ||||||
| |||||||
| |||||||
| 1 | types of benefits: Social Security benefits, Supplemental | ||||||
| 2 | Security Income, Veterans benefits, Railroad Retirement | ||||||
| 3 | benefits. | ||||||
| 4 | (4) The number of youth entering care who were awarded | ||||||
| 5 | each of the following types of benefits based on an | ||||||
| 6 | application filed by the Department: Social Security | ||||||
| 7 | benefits, Supplemental Security Income, Veterans benefits, | ||||||
| 8 | Railroad Retirement benefits. | ||||||
| 9 | (j) Annually beginning December 31, 2023, the Department | ||||||
| 10 | shall file a report with the General Assembly with the | ||||||
| 11 | following information regarding the preceding fiscal year: | ||||||
| 12 | (1) the number of conserved accounts established and | ||||||
| 13 | maintained for youth in care; | ||||||
| 14 | (2) the average amount conserved by age group; and | ||||||
| 15 | (3) the total amount conserved by age group. | ||||||
| 16 | (Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23; | ||||||
| 17 | 103-564, eff. 11-17-23; revised 7-18-24.)
| ||||||
| 18 | (20 ILCS 505/7.3b) | ||||||
| 19 | Sec. 7.3b. Case plan requirements for hair-related needs | ||||||
| 20 | of youth in care. | ||||||
| 21 | (a) Purposes. Hair plays an important role in fostering | ||||||
| 22 | youths' connection to their race, culture, and identity. Hair | ||||||
| 23 | care Haircare promotes positive messages of self-worth, | ||||||
| 24 | comfort, and affection. Because these messages typically are | ||||||
| 25 | developed through interactions with family and community | ||||||
| |||||||
| |||||||
| 1 | members, it is necessary to establish a framework to ensure | ||||||
| 2 | that youth in care are not deprived of these messages and that | ||||||
| 3 | caregivers and appropriate child care facility staff are | ||||||
| 4 | adequately prepared to provide culturally competent hair care | ||||||
| 5 | haircare for youth. | ||||||
| 6 | (b) Definitions. As used in this Section: | ||||||
| 7 | (1) "Hair care" "Haircare" means all care related to | ||||||
| 8 | the maintenance of hair, including, but not limited to, | ||||||
| 9 | the daily maintenance routine, cutting, styling, or dying | ||||||
| 10 | of hair. | ||||||
| 11 | (2) "Culture" means the norms, traditions, and | ||||||
| 12 | experiences of a person's community that inform that | ||||||
| 13 | person's daily life and long-term goals. | ||||||
| 14 | (3) "Identity" means the memories, experiences, | ||||||
| 15 | relationships, and values that create one's sense of self. | ||||||
| 16 | This amalgamation creates a steady sense of who one is | ||||||
| 17 | over time, even as new facets are developed and | ||||||
| 18 | incorporated into one's identity. | ||||||
| 19 | (c) Hair care Haircare plan. Every case plan shall include | ||||||
| 20 | a hair care plan Haircare Plan for each youth in care that is | ||||||
| 21 | developed in consultation with the youth based upon the | ||||||
| 22 | youth's developmental abilities, as well as with the youth's | ||||||
| 23 | parents or caregivers or appropriate child care facility staff | ||||||
| 24 | if not contrary to the youth's wishes, and that outlines any | ||||||
| 25 | training or resources required by the caregiver or appropriate | ||||||
| 26 | child care facility staff to meet the hair care haircare needs | ||||||
| |||||||
| |||||||
| 1 | of the youth. At a minimum, the hair care plan Haircare Plan | ||||||
| 2 | must address: | ||||||
| 3 | (1) necessary hair care haircare steps to be taken to | ||||||
| 4 | preserve the youth's desired connection to the youth's | ||||||
| 5 | race, culture, gender, religion, and identity; | ||||||
| 6 | (2) necessary steps to be taken specific to the | ||||||
| 7 | youth's hair care haircare needs during emergency and | ||||||
| 8 | health situations; and | ||||||
| 9 | (3) the desires of the youth as they pertain to the | ||||||
| 10 | youth's hair care haircare. | ||||||
| 11 | A youth's hair care plan Haircare Plan must be reviewed at | ||||||
| 12 | the same time as the case plan review required under Section 6a | ||||||
| 13 | as well as during monthly visits to ensure compliance with the | ||||||
| 14 | hair care plan Haircare Plan and identify any needed changes. | ||||||
| 15 | (d) By June 1, 2025, the Department shall develop training | ||||||
| 16 | and resources to make available for caregivers and appropriate | ||||||
| 17 | child care facility staff to provide culturally competent hair | ||||||
| 18 | care haircare to youth in care. | ||||||
| 19 | (e) By June 1, 2025, the Department must adopt rules to | ||||||
| 20 | facilitate the implementation of this Section. | ||||||
| 21 | (Source: P.A. 103-850, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 22 | Section 95. The Foster Parent Law is amended by changing | ||||||
| 23 | Sections 1-15 and 1-20 as follows:
| ||||||
| 24 | (20 ILCS 520/1-15) | ||||||
| |||||||
| |||||||
| 1 | Sec. 1-15. Foster parent rights. A foster parent's rights | ||||||
| 2 | include, but are not limited to, the following: | ||||||
| 3 | (1) The right to be treated with dignity, respect, and | ||||||
| 4 | consideration as a professional member of the child | ||||||
| 5 | welfare team. | ||||||
| 6 | (2) The right to be given standardized pre-service | ||||||
| 7 | training and appropriate ongoing training to meet mutually | ||||||
| 8 | assessed needs and improve the foster parent's skills. | ||||||
| 9 | (3) The right to be informed as to how to contact the | ||||||
| 10 | appropriate child placement agency in order to receive | ||||||
| 11 | information and assistance to access supportive services | ||||||
| 12 | for children in the foster parent's care. | ||||||
| 13 | (4) The right to receive timely financial | ||||||
| 14 | reimbursement commensurate with the care needs of the | ||||||
| 15 | child as specified in the service plan. | ||||||
| 16 | (5) The right to be provided a clear, written | ||||||
| 17 | understanding of a placement agency's plan concerning the | ||||||
| 18 | placement of a child in the foster parent's home. Inherent | ||||||
| 19 | in this right is the foster parent's responsibility to | ||||||
| 20 | support activities that will promote the child's right to | ||||||
| 21 | relationships with the child's own family and cultural | ||||||
| 22 | heritage. | ||||||
| 23 | (6) The right to be provided a fair, timely, and | ||||||
| 24 | impartial investigation of complaints concerning the | ||||||
| 25 | foster parent's licensure, to be provided the opportunity | ||||||
| 26 | to have a person of the foster parent's choosing present | ||||||
| |||||||
| |||||||
| 1 | during the investigation, and to be provided due process | ||||||
| 2 | during the investigation; the right to be provided the | ||||||
| 3 | opportunity to request and receive mediation or an | ||||||
| 4 | administrative review of decisions that affect licensing | ||||||
| 5 | parameters, or both mediation and an administrative | ||||||
| 6 | review; and the right to have decisions concerning a | ||||||
| 7 | licensing corrective action plan specifically explained | ||||||
| 8 | and tied to the licensing standards violated. | ||||||
| 9 | (7) The right, at any time during which a child is | ||||||
| 10 | placed with the foster parent, to receive additional or | ||||||
| 11 | necessary information that is relevant to the care of the | ||||||
| 12 | child. | ||||||
| 13 | (7.5) The right to be given information concerning a | ||||||
| 14 | child (i) from the Department as required under subsection | ||||||
| 15 | (u) of Section 5 of the Children and Family Services Act | ||||||
| 16 | and (ii) from a child welfare agency as required under | ||||||
| 17 | subsection (c-5) of Section 7.4 of the Child Care Act of | ||||||
| 18 | 1969. | ||||||
| 19 | (8) The right to be notified of scheduled meetings and | ||||||
| 20 | staffings concerning the foster child in order to actively | ||||||
| 21 | participate in the case planning and decision-making | ||||||
| 22 | process regarding the child, including individual service | ||||||
| 23 | planning meetings, administrative case reviews, | ||||||
| 24 | interdisciplinary staffings, and individual educational | ||||||
| 25 | planning meetings; the right to be informed of decisions | ||||||
| 26 | made by the courts or the child welfare agency concerning | ||||||
| |||||||
| |||||||
| 1 | the child; the right to provide input concerning the plan | ||||||
| 2 | of services for the child and to have that input given full | ||||||
| 3 | consideration in the same manner as information presented | ||||||
| 4 | by any other professional on the team; and the right to | ||||||
| 5 | communicate with other professionals who work with the | ||||||
| 6 | foster child within the context of the team, including | ||||||
| 7 | therapists, physicians, attending health care | ||||||
| 8 | professionals, and teachers. | ||||||
| 9 | (9) The right to be given, in a timely and consistent | ||||||
| 10 | manner, any information a caseworker has regarding the | ||||||
| 11 | child and the child's family which is pertinent to the | ||||||
| 12 | care and needs of the child and to the making of a | ||||||
| 13 | permanency plan for the child. Disclosure of information | ||||||
| 14 | concerning the child's family shall be limited to that | ||||||
| 15 | information that is essential for understanding the needs | ||||||
| 16 | of and providing care to the child in order to protect the | ||||||
| 17 | rights of the child's family. When a positive relationship | ||||||
| 18 | exists between the foster parent and the child's family, | ||||||
| 19 | the child's family may consent to disclosure of additional | ||||||
| 20 | information. | ||||||
| 21 | (10) The right to be given reasonable written notice | ||||||
| 22 | of (i) any change in a child's case plan, (ii) plans to | ||||||
| 23 | terminate the placement of the child with the foster | ||||||
| 24 | parent, and (iii) the reasons for the change or | ||||||
| 25 | termination in placement. The notice shall be waived only | ||||||
| 26 | in cases of a court order or when the child is determined | ||||||
| |||||||
| |||||||
| 1 | to be at imminent risk of harm. | ||||||
| 2 | (11) The right to be notified in a timely and complete | ||||||
| 3 | manner of all court hearings, including notice of the date | ||||||
| 4 | and time of the court hearing, the name of the judge or | ||||||
| 5 | hearing officer hearing the case, the location of the | ||||||
| 6 | hearing, and the court docket number of the case; and the | ||||||
| 7 | right to intervene in court proceedings or to seek | ||||||
| 8 | mandamus under the Juvenile Court Act of 1987. | ||||||
| 9 | (12) The right to be considered as a placement option | ||||||
| 10 | when a foster child who was formerly placed with the | ||||||
| 11 | foster parent is to be re-entered into foster care, if | ||||||
| 12 | that placement is consistent with the best interest of the | ||||||
| 13 | child and other children in the foster parent's home. | ||||||
| 14 | (13) The right to have timely access to the child | ||||||
| 15 | placement agency's existing appeals process and the right | ||||||
| 16 | to be free from acts of harassment and retaliation by any | ||||||
| 17 | other party when exercising the right to appeal. | ||||||
| 18 | (14) The right to be informed of the Foster Parent | ||||||
| 19 | Hotline established under Section 35.6 of the Children and | ||||||
| 20 | Family Services Act and all of the rights accorded to | ||||||
| 21 | foster parents concerning reports of misconduct by | ||||||
| 22 | Department employees, service providers, or contractors, | ||||||
| 23 | confidential handling of those reports, and investigation | ||||||
| 24 | by the Inspector General appointed under Section 35.5 of | ||||||
| 25 | the Children and Family Services Act. | ||||||
| 26 | (15) The right to timely training necessary to meet | ||||||
| |||||||
| |||||||
| 1 | the hair care haircare needs of the children placed in the | ||||||
| 2 | foster parent's care. | ||||||
| 3 | (Source: P.A. 103-22, eff. 8-8-23; 103-850, eff. 1-1-25; | ||||||
| 4 | revised 11-21-24.)
| ||||||
| 5 | (20 ILCS 520/1-20) | ||||||
| 6 | Sec. 1-20. Foster parent responsibilities. A foster | ||||||
| 7 | parent's responsibilities include, but are not limited to, the | ||||||
| 8 | following: | ||||||
| 9 | (1) The responsibility to openly communicate and share | ||||||
| 10 | information about the child with other members of the | ||||||
| 11 | child welfare team. | ||||||
| 12 | (2) The responsibility to respect the confidentiality | ||||||
| 13 | of information concerning foster children and their | ||||||
| 14 | families and act appropriately within applicable | ||||||
| 15 | confidentiality laws and regulations. | ||||||
| 16 | (3) The responsibility to advocate for children in the | ||||||
| 17 | foster parent's care. | ||||||
| 18 | (4) The responsibility to treat children in the foster | ||||||
| 19 | parent's care and the children's families with dignity, | ||||||
| 20 | respect, and consideration. | ||||||
| 21 | (5) The responsibility to recognize the foster | ||||||
| 22 | parent's own individual and familial strengths and | ||||||
| 23 | limitations when deciding whether to accept a child into | ||||||
| 24 | care; and the responsibility to recognize the foster | ||||||
| 25 | parent's own support needs and utilize appropriate | ||||||
| |||||||
| |||||||
| 1 | supports in providing care for foster children. | ||||||
| 2 | (6) The responsibility to be aware of the benefits of | ||||||
| 3 | relying on and affiliating with other foster parents and | ||||||
| 4 | foster parent associations in improving the quality of | ||||||
| 5 | care and service to children and families. | ||||||
| 6 | (7) The responsibility to assess the foster parent's | ||||||
| 7 | ongoing individual training needs and take action to meet | ||||||
| 8 | those needs. | ||||||
| 9 | (8) The responsibility to develop and assist in | ||||||
| 10 | implementing strategies to prevent placement disruptions, | ||||||
| 11 | recognizing the traumatic impact of placement disruptions | ||||||
| 12 | on a foster child and all members of the foster family; and | ||||||
| 13 | the responsibility to provide emotional support for the | ||||||
| 14 | foster children and members of the foster family if | ||||||
| 15 | preventive strategies fail and placement disruptions | ||||||
| 16 | occur. | ||||||
| 17 | (9) The responsibility to know the impact foster | ||||||
| 18 | parenting has on individuals and family relationships; and | ||||||
| 19 | the responsibility to endeavor to minimize, as much as | ||||||
| 20 | possible, any stress that results from foster parenting. | ||||||
| 21 | (10) The responsibility to know the rewards and | ||||||
| 22 | benefits to children, parents, families, and society that | ||||||
| 23 | come from foster parenting and to promote the foster | ||||||
| 24 | parenting experience in a positive way. | ||||||
| 25 | (11) The responsibility to know the roles, rights, and | ||||||
| 26 | responsibilities of foster parents, other professionals in | ||||||
| |||||||
| |||||||
| 1 | the child welfare system, the foster child, and the foster | ||||||
| 2 | child's own family. | ||||||
| 3 | (12) The responsibility to know and, as necessary, | ||||||
| 4 | fulfill the foster parent's responsibility to serve as a | ||||||
| 5 | mandated reporter of suspected child abuse or neglect | ||||||
| 6 | under the Abused and Neglected Child Reporting Act; and | ||||||
| 7 | the responsibility to know the child welfare agency's | ||||||
| 8 | policy regarding allegations that foster parents have | ||||||
| 9 | committed child abuse or neglect and applicable | ||||||
| 10 | administrative rules and procedures governing | ||||||
| 11 | investigations of those allegations. | ||||||
| 12 | (13) The responsibility to know and receive training | ||||||
| 13 | regarding the purpose of administrative case reviews, | ||||||
| 14 | client service plans, and court processes, as well as any | ||||||
| 15 | filing or time requirements associated with those | ||||||
| 16 | proceedings; and the responsibility to actively | ||||||
| 17 | participate in the foster parent's designated role in | ||||||
| 18 | these proceedings. | ||||||
| 19 | (14) The responsibility to know the child welfare | ||||||
| 20 | agency's appeal procedure for foster parents and the | ||||||
| 21 | rights of foster parents under the procedure. | ||||||
| 22 | (15) The responsibility to know and understand the | ||||||
| 23 | importance of maintaining accurate and relevant records | ||||||
| 24 | regarding the child's history and progress; and the | ||||||
| 25 | responsibility to be aware of and follow the procedures | ||||||
| 26 | and regulations of the child welfare agency with which the | ||||||
| |||||||
| |||||||
| 1 | foster parent is licensed or affiliated. | ||||||
| 2 | (16) The responsibility to share information, through | ||||||
| 3 | the child welfare team, with the subsequent caregiver | ||||||
| 4 | (whether the child's parent or another substitute | ||||||
| 5 | caregiver) regarding the child's adjustment in the foster | ||||||
| 6 | parent's home. | ||||||
| 7 | (17) The responsibility to provide care and services | ||||||
| 8 | that are respectful of and responsive to the child's | ||||||
| 9 | cultural needs and are supportive of the relationship | ||||||
| 10 | between the child and the child's own family; the | ||||||
| 11 | responsibility to recognize the increased importance of | ||||||
| 12 | maintaining a child's cultural identity when the race or | ||||||
| 13 | culture of the foster family differs from that of the | ||||||
| 14 | foster child; the responsibility to provide hair care | ||||||
| 15 | haircare that preserves the child's desired connection to | ||||||
| 16 | the child's race, culture, gender, religion, and identity; | ||||||
| 17 | and the responsibility to take action to address these | ||||||
| 18 | issues. | ||||||
| 19 | (Source: P.A. 103-22, eff. 8-8-23; 103-850, eff. 1-1-25; | ||||||
| 20 | revised 11-21-24.)
| ||||||
| 21 | Section 100. The Foster Children's Bill of Rights Act is | ||||||
| 22 | amended by changing Section 5 as follows:
| ||||||
| 23 | (20 ILCS 521/5) | ||||||
| 24 | Sec. 5. Foster Children's Bill of Rights. It is the policy | ||||||
| |||||||
| |||||||
| 1 | of this State that every child and adult in the care of the | ||||||
| 2 | Department of Children and Family Services who is placed in | ||||||
| 3 | foster care shall have the following rights: | ||||||
| 4 | (1) To live in a safe, healthy, and comfortable home | ||||||
| 5 | where they are treated with respect. | ||||||
| 6 | (2) To be free from physical, sexual, emotional, or | ||||||
| 7 | other abuse, or corporal punishment. | ||||||
| 8 | (3) To receive adequate and healthy food, adequate | ||||||
| 9 | clothing, and, for youth in group homes, residential | ||||||
| 10 | treatment facilities, and foster homes, an allowance. | ||||||
| 11 | (4) To receive medical, dental, vision, and mental | ||||||
| 12 | health services. | ||||||
| 13 | (5) To be free of the administration of medication or | ||||||
| 14 | chemical substances, unless authorized by a physician. | ||||||
| 15 | (6) To contact family members, unless prohibited by | ||||||
| 16 | court order, and social workers, attorneys, foster youth | ||||||
| 17 | advocates and supporters, Court Appointed Special | ||||||
| 18 | Advocates (CASAs), and probation officers. | ||||||
| 19 | (7) To visit and contact siblings, unless prohibited | ||||||
| 20 | by court order. | ||||||
| 21 | (8) To contact the Advocacy Office for Children and | ||||||
| 22 | Families established under the Children and Family | ||||||
| 23 | Services Act or the Department of Children and Family | ||||||
| 24 | Services' Office of the Inspector General regarding | ||||||
| 25 | violations of rights, to speak to representatives of these | ||||||
| 26 | offices confidentially, and to be free from threats or | ||||||
| |||||||
| |||||||
| 1 | punishment for making complaints. | ||||||
| 2 | (9) To make and receive confidential telephone calls | ||||||
| 3 | and send and receive unopened mail, unless prohibited by | ||||||
| 4 | court order. | ||||||
| 5 | (10) To attend religious services and activities of | ||||||
| 6 | their choice. | ||||||
| 7 | (11) To maintain an emancipation bank account and | ||||||
| 8 | manage personal income, consistent with the child's age | ||||||
| 9 | and developmental level, unless prohibited by the case | ||||||
| 10 | plan. | ||||||
| 11 | (12) To not be locked in a room, building, or facility | ||||||
| 12 | premises, unless placed in a secure child care facility | ||||||
| 13 | licensed by the Department of Children and Family Services | ||||||
| 14 | under the Child Care Act of 1969 and placed pursuant to | ||||||
| 15 | Section 2-27.1 of the Juvenile Court Act of 1987. | ||||||
| 16 | (13) To attend school and participate in | ||||||
| 17 | extracurricular, cultural, and personal enrichment | ||||||
| 18 | activities, consistent with the child's age and | ||||||
| 19 | developmental level, with minimal disruptions to school | ||||||
| 20 | attendance and educational stability. | ||||||
| 21 | (14) To work and develop job skills at an | ||||||
| 22 | age-appropriate level, consistent with State law. | ||||||
| 23 | (15) To have social contacts with people outside of | ||||||
| 24 | the foster care system, including teachers, church | ||||||
| 25 | members, mentors, and friends. | ||||||
| 26 | (16) If they meet age requirements, to attend services | ||||||
| |||||||
| |||||||
| 1 | and programs operated by the Department of Children and | ||||||
| 2 | Family Services or any other appropriate State agency that | ||||||
| 3 | aim to help current and former foster youth achieve | ||||||
| 4 | self-sufficiency prior to and after leaving foster care. | ||||||
| 5 | (17) To attend court hearings and speak to the judge. | ||||||
| 6 | (18) To have storage space for private use. | ||||||
| 7 | (19) To be involved in the development of their own | ||||||
| 8 | case plan and plan for permanent placement. | ||||||
| 9 | (20) To review their own case plan and plan for | ||||||
| 10 | permanent placement, if they are 12 years of age or older | ||||||
| 11 | and in a permanent placement, and to receive information | ||||||
| 12 | about their out-of-home placement and case plan, including | ||||||
| 13 | being told of changes to the case plan. | ||||||
| 14 | (21) To be free from unreasonable searches of personal | ||||||
| 15 | belongings. | ||||||
| 16 | (22) To the confidentiality of all juvenile court | ||||||
| 17 | records consistent with existing law. | ||||||
| 18 | (23) To have fair and equal access to all available | ||||||
| 19 | services, placement, care, treatment, and benefits, and to | ||||||
| 20 | not be subjected to discrimination or harassment on the | ||||||
| 21 | basis of actual or perceived race, ethnic group | ||||||
| 22 | identification, ancestry, national origin, color, | ||||||
| 23 | religion, sex, sexual orientation, gender identity, mental | ||||||
| 24 | or physical disability, or HIV status. | ||||||
| 25 | (24) To have caregivers and child welfare personnel | ||||||
| 26 | who have received sensitivity training and instruction on | ||||||
| |||||||
| |||||||
| 1 | matters concerning race, ethnicity, national origin, | ||||||
| 2 | color, ancestry, religion, mental and physical disability, | ||||||
| 3 | and HIV status. | ||||||
| 4 | (25) To have caregivers and child welfare personnel | ||||||
| 5 | who have received instruction on cultural competency and | ||||||
| 6 | sensitivity relating to, and best practices for, providing | ||||||
| 7 | adequate care to lesbian, gay, bisexual, and transgender | ||||||
| 8 | youth in out-of-home care. | ||||||
| 9 | (26) At 16 years of age or older, to have access to | ||||||
| 10 | existing information regarding the educational options | ||||||
| 11 | available, including, but not limited to, the coursework | ||||||
| 12 | necessary for vocational and postsecondary educational | ||||||
| 13 | programs, and information regarding financial aid for | ||||||
| 14 | postsecondary education. | ||||||
| 15 | (27) To have access to age-appropriate, medically | ||||||
| 16 | accurate information about reproductive health care, the | ||||||
| 17 | prevention of unplanned pregnancy, and the prevention and | ||||||
| 18 | treatment of sexually transmitted infections at 12 years | ||||||
| 19 | of age or older. | ||||||
| 20 | (28) To receive a copy of this Act from and have it | ||||||
| 21 | fully explained by the Department of Children and Family | ||||||
| 22 | Services when the child or adult is placed in the care of | ||||||
| 23 | the Department of Children and Family Services. | ||||||
| 24 | (29) To be placed in the least restrictive and most | ||||||
| 25 | family-like setting available and in close proximity to | ||||||
| 26 | their parent's home consistent with their health, safety, | ||||||
| |||||||
| |||||||
| 1 | best interests, and special needs. | ||||||
| 2 | (30) To participate in an age and developmentally | ||||||
| 3 | appropriate intake process immediately after placement in | ||||||
| 4 | the custody or guardianship of the Department. During the | ||||||
| 5 | intake process, the Department shall provide the youth | ||||||
| 6 | with a document describing inappropriate acts of | ||||||
| 7 | affection, discipline, and punishment by guardians, foster | ||||||
| 8 | parents, foster siblings, or any other adult responsible | ||||||
| 9 | for the youth's welfare. The Department shall review and | ||||||
| 10 | discuss the document with the child. The Department must | ||||||
| 11 | document completion of the intake process in the child's | ||||||
| 12 | records as well as giving a copy of the document to the | ||||||
| 13 | child. | ||||||
| 14 | (31) To participate in appropriate intervention and | ||||||
| 15 | counseling services after removal from the home of origin | ||||||
| 16 | in order to assess whether the youth is exhibiting signs | ||||||
| 17 | of traumatic stress, special needs, or mental illness. | ||||||
| 18 | (32) To receive a home visit by an assigned child | ||||||
| 19 | welfare specialist, per existing Department policies and | ||||||
| 20 | procedures, on a monthly basis or more frequently as | ||||||
| 21 | needed. In addition to what existing policies and | ||||||
| 22 | procedures outline, home visits shall be used to assess | ||||||
| 23 | the youth's well-being and emotional health following | ||||||
| 24 | placement, to determine the youth's relationship with the | ||||||
| 25 | youth's guardian or foster parent or with any other adult | ||||||
| 26 | responsible for the youth's welfare or living in or | ||||||
| |||||||
| |||||||
| 1 | frequenting the home environment, and to determine what | ||||||
| 2 | forms of discipline, if any, the youth's guardian or | ||||||
| 3 | foster parent or any other person in the home environment | ||||||
| 4 | uses to correct the youth. | ||||||
| 5 | (33) To be enrolled in an independent living services | ||||||
| 6 | program prior to transitioning out of foster care where | ||||||
| 7 | the youth will receive classes and instruction, | ||||||
| 8 | appropriate to the youth's age and developmental capacity, | ||||||
| 9 | on independent living and self-sufficiency in the areas of | ||||||
| 10 | employment, finances, meals, and housing as well as help | ||||||
| 11 | in developing life skills and long-term goals. | ||||||
| 12 | (34) To be assessed by a third-party entity or agency | ||||||
| 13 | prior to enrollment in any independent living services | ||||||
| 14 | program in order to determine the youth's readiness for a | ||||||
| 15 | transition out of foster care based on the youth's | ||||||
| 16 | individual needs, emotional development, and ability, | ||||||
| 17 | regardless of age, to make a successful transition to | ||||||
| 18 | adulthood. | ||||||
| 19 | (35) To hair care haircare that preserves the child's | ||||||
| 20 | desired connection to the child's race, culture, gender, | ||||||
| 21 | religion, and identity and to have a corresponding hair | ||||||
| 22 | care haircare plan established in accordance with Section | ||||||
| 23 | 7.3b of the Children and Family Services Act. The | ||||||
| 24 | Department must provide, in a timely and consistent | ||||||
| 25 | manner, training for all caregivers and child welfare | ||||||
| 26 | personnel on how to meet the hair care haircare needs of | ||||||
| |||||||
| |||||||
| 1 | children. | ||||||
| 2 | (Source: P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23; | ||||||
| 3 | 103-850, eff. 1-1-25; revised 11-21-24.)
| ||||||
| 4 | Section 105. The Department of Commerce and Economic | ||||||
| 5 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
| 6 | is amended by setting forth, renumbering, and changing | ||||||
| 7 | multiple versions of Section 605-1115 as follows:
| ||||||
| 8 | (20 ILCS 605/605-1115) | ||||||
| 9 | Sec. 605-1115. Quantum computing campuses. | ||||||
| 10 | (a) As used in this Section: | ||||||
| 11 | "Data center" means a facility: (1) whose primary services | ||||||
| 12 | are the storage, management, and processing of digital data; | ||||||
| 13 | and (2) that is used to house (A) computer and network systems, | ||||||
| 14 | including associated components such as servers, network | ||||||
| 15 | equipment and appliances, telecommunications, and data storage | ||||||
| 16 | systems, (B) systems for monitoring and managing | ||||||
| 17 | infrastructure performance, (C) Internet-related equipment and | ||||||
| 18 | services, (D) data communications connections, (E) | ||||||
| 19 | environmental controls, (F) fire protection systems, and (G) | ||||||
| 20 | security systems and services. | ||||||
| 21 | "Full-time equivalent job" means a job in which an | ||||||
| 22 | employee works for a tenant of the quantum campus at a rate of | ||||||
| 23 | at least 35 hours per week. Vacations, paid holidays, and sick | ||||||
| 24 | time are included in this computation. Overtime is not | ||||||
| |||||||
| |||||||
| 1 | considered a part of regular hours. | ||||||
| 2 | "Quantum computing campus" or "campus" is a contiguous | ||||||
| 3 | area located in the State of Illinois that is designated by the | ||||||
| 4 | Department as a quantum computing campus in order to support | ||||||
| 5 | the demand for quantum computing research, development, and | ||||||
| 6 | implementation for practical use. A quantum computing campus | ||||||
| 7 | may include educational institutions intuitions, nonprofit | ||||||
| 8 | research and development organizations, and for-profit | ||||||
| 9 | organizations serving as anchor tenants and joining tenants | ||||||
| 10 | that, with approval from the Department, may change. Tenants | ||||||
| 11 | located at the campus shall have direct and supporting roles | ||||||
| 12 | in quantum computing activities. Eligible tenants include | ||||||
| 13 | quantum computer operators and research facilities, data | ||||||
| 14 | centers, manufacturers and assemblers of quantum computers and | ||||||
| 15 | component parts, cryogenic or refrigeration facilities, and | ||||||
| 16 | other facilities determined, by industry and academic leaders, | ||||||
| 17 | to be fundamental to the research and development of quantum | ||||||
| 18 | computing for practical solutions. Quantum computing shall | ||||||
| 19 | include the research, development, and use of computing | ||||||
| 20 | methods that generate and manipulate quantum bits in a | ||||||
| 21 | controlled quantum state. This includes the use of photons, | ||||||
| 22 | semiconductors, superconductors, trapped ions, and other | ||||||
| 23 | industry and academically regarded methods for simulating | ||||||
| 24 | quantum bits. Additionally, a quantum campus shall meet the | ||||||
| 25 | following criteria: | ||||||
| 26 | (1) the campus must comprise a minimum of one-half | ||||||
| |||||||
| |||||||
| 1 | square mile and not more than 4 square miles; | ||||||
| 2 | (2) the campus must contain tenants that demonstrate a | ||||||
| 3 | substantial plan for using the designation to encourage | ||||||
| 4 | participation by organizations owned by minorities, women, | ||||||
| 5 | and persons with disabilities, as those terms are defined | ||||||
| 6 | in the Business Enterprise for Minorities, Women, and | ||||||
| 7 | Persons with Disabilities Act, and the hiring of | ||||||
| 8 | minorities, women, and persons with disabilities; | ||||||
| 9 | (3) upon being placed in service, within 60 months | ||||||
| 10 | after designation or incorporation into a campus, the | ||||||
| 11 | owners of property located in a campus shall certify to | ||||||
| 12 | the Department that the property is carbon neutral or has | ||||||
| 13 | attained certification under one or more of the following | ||||||
| 14 | green building standards: | ||||||
| 15 | (A) BREEAM for New Construction or BREEAM, In-Use; | ||||||
| 16 | (B) ENERGY STAR; | ||||||
| 17 | (C) Envision; | ||||||
| 18 | (D) ISO 50001-energy management; | ||||||
| 19 | (E) LEED for Building Design and Construction, or | ||||||
| 20 | LEED for Operations and Maintenance; | ||||||
| 21 | (F) Green Globes for New Construction, or Green | ||||||
| 22 | Globes for Existing Buildings; | ||||||
| 23 | (G) UL 3223; or | ||||||
| 24 | (H) an equivalent program approved by the | ||||||
| 25 | Department. | ||||||
| 26 | (b) Tenants located in a designated quantum computing | ||||||
| |||||||
| |||||||
| 1 | campus shall qualify for the following exemptions and credits: | ||||||
| 2 | (1) the Department may certify a taxpayer for an | ||||||
| 3 | exemption from any State or local use tax or retailers' | ||||||
| 4 | occupation tax on building materials that will be | ||||||
| 5 | incorporated into real estate at a quantum computing | ||||||
| 6 | campus; | ||||||
| 7 | (2) an exemption from the charges imposed under | ||||||
| 8 | Section 9-222 of the Public Utilities Act, Section 5-10 of | ||||||
| 9 | the Gas Use Tax Law, Section 2-4 of the Electricity Excise | ||||||
| 10 | Tax Law, Section 2 of the Telecommunications Excise Tax | ||||||
| 11 | Act, Section 10 of the Telecommunications Infrastructure | ||||||
| 12 | Maintenance Fee Act, and Section 5-7 of the Simplified | ||||||
| 13 | Municipal Telecommunications Tax Act; and | ||||||
| 14 | (3) a credit against the taxes imposed under | ||||||
| 15 | subsections (a) and (b) of Section 201 of the Illinois | ||||||
| 16 | Income Tax Act as provided in Section 241 of the Illinois | ||||||
| 17 | Income Tax Act. | ||||||
| 18 | (c) Certificates of exemption and credit certificates | ||||||
| 19 | under this Section shall be issued by the Department. Upon | ||||||
| 20 | certification by the Department under this Section, the | ||||||
| 21 | Department shall notify the Department of Revenue of the | ||||||
| 22 | certification. The exemption status shall take effect within 3 | ||||||
| 23 | months after certification of the taxpayer and notice to the | ||||||
| 24 | Department of Revenue by the Department. | ||||||
| 25 | (d) Entities seeking to form a quantum computing campus | ||||||
| 26 | must apply to the Department in the manner specified by the | ||||||
| |||||||
| |||||||
| 1 | Department. Entities seeking to join an established campus | ||||||
| 2 | must apply for an amendment to the existing campus. This | ||||||
| 3 | application for amendment must be submitted to the Department | ||||||
| 4 | with support from other campus members. | ||||||
| 5 | The Department shall determine the duration of | ||||||
| 6 | certificates of exemption awarded under this Act. The duration | ||||||
| 7 | of the certificates of exemption may not exceed 20 calendar | ||||||
| 8 | years and one renewal for an additional 20 years. | ||||||
| 9 | The Department and any tenant located in a quantum | ||||||
| 10 | computing campus seeking the benefits under this Section must | ||||||
| 11 | enter into a memorandum of understanding that, at a minimum, | ||||||
| 12 | provides: | ||||||
| 13 | (1) the details for determining the amount of capital | ||||||
| 14 | investment to be made; | ||||||
| 15 | (2) the number of new jobs created; | ||||||
| 16 | (3) the timeline for achieving the capital investment | ||||||
| 17 | and new job goals; | ||||||
| 18 | (4) the repayment obligation should those goals not be | ||||||
| 19 | achieved and any conditions under which repayment by the | ||||||
| 20 | tenant or tenants claiming the exemption shall be | ||||||
| 21 | required; | ||||||
| 22 | (5) the duration of the exemptions; and | ||||||
| 23 | (6) other provisions as deemed necessary by the | ||||||
| 24 | Department. | ||||||
| 25 | The Department shall, within 10 days after the | ||||||
| 26 | designation, send a letter of notification to each member of | ||||||
| |||||||
| |||||||
| 1 | the General Assembly whose legislative district or | ||||||
| 2 | representative district contains all or part of the designated | ||||||
| 3 | area. | ||||||
| 4 | (e) Beginning on July 1, 2025, and each year thereafter, | ||||||
| 5 | the Department shall annually report to the Governor and the | ||||||
| 6 | General Assembly on the outcomes and effectiveness of Public | ||||||
| 7 | Act 103-595 this amendatory Act of the 103rd General Assembly. | ||||||
| 8 | The report shall include the following: | ||||||
| 9 | (1) the names of each tenant located within the | ||||||
| 10 | quantum computing campus; | ||||||
| 11 | (2) the location of each quantum computing campus; | ||||||
| 12 | (3) the estimated value of the credits to be issued to | ||||||
| 13 | quantum computing campus tenants; | ||||||
| 14 | (4) the number of new jobs and, if applicable, | ||||||
| 15 | retained jobs pledged at each quantum computing campus; | ||||||
| 16 | and | ||||||
| 17 | (5) whether or not the quantum computing campus is | ||||||
| 18 | located in an underserved area, an energy transition zone, | ||||||
| 19 | or an opportunity zone. | ||||||
| 20 | (f) Tenants at the quantum computing campus seeking a | ||||||
| 21 | certificate of exemption related to the construction of | ||||||
| 22 | required facilities shall require the contractor and all | ||||||
| 23 | subcontractors to: | ||||||
| 24 | (1) comply with the requirements of Section 30-22 of | ||||||
| 25 | the Illinois Procurement Code as those requirements apply | ||||||
| 26 | to responsible bidders and to present satisfactory | ||||||
| |||||||
| |||||||
| 1 | evidence of that compliance to the Department; and | ||||||
| 2 | (2) enter into a project labor agreement submitted to | ||||||
| 3 | the Department. | ||||||
| 4 | (g) The Department shall not issue any new certificates of | ||||||
| 5 | exemption under the provisions of this Section after July 1, | ||||||
| 6 | 2030. This sunset shall not affect any existing certificates | ||||||
| 7 | of exemption in effect on July 1, 2030. | ||||||
| 8 | (h) The Department shall adopt rules to implement and | ||||||
| 9 | administer this Section. | ||||||
| 10 | (Source: P.A. 103-595, eff. 6-26-24; revised 9-27-24.)
| ||||||
| 11 | (20 ILCS 605/605-1116) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 13 | Sec. 605-1116 605-1115. Creative Economy Task Force. | ||||||
| 14 | (a) Subject to appropriation, the Creative Economy Task | ||||||
| 15 | Force is created within the Department of Commerce and | ||||||
| 16 | Economic Opportunity to create a strategic plan to develop the | ||||||
| 17 | creative economy in this State. | ||||||
| 18 | (b) The Task Force shall consist of the following members: | ||||||
| 19 | (1) the Director of Commerce and Economic Opportunity | ||||||
| 20 | or the Director's designee, who shall serve as chair of | ||||||
| 21 | the Task Force; | ||||||
| 22 | (2) the Executive Director of the Illinois Arts | ||||||
| 23 | Council or the Executive Director's designee, who shall | ||||||
| 24 | serve as the vice-chair of the Task Force; | ||||||
| 25 | (3) one member appointed by the Speaker of the House | ||||||
| |||||||
| |||||||
| 1 | of Representatives; | ||||||
| 2 | (4) one member appointed by the Minority Leader of the | ||||||
| 3 | House of Representatives; | ||||||
| 4 | (5) one member appointed by the President of the | ||||||
| 5 | Senate; | ||||||
| 6 | (6) one member appointed by the Minority Leader of the | ||||||
| 7 | Senate; | ||||||
| 8 | (7) one member from the banking industry with | ||||||
| 9 | experience in matters involving the federal Small Business | ||||||
| 10 | Administration, appointed by the Governor; | ||||||
| 11 | (8) one member from a certified public accounting firm | ||||||
| 12 | or other company with experience in financial modeling and | ||||||
| 13 | the creative arts, appointed by the Governor; | ||||||
| 14 | (9) one member recommended by a statewide organization | ||||||
| 15 | representing counties, appointed by the Governor; | ||||||
| 16 | (10) one member from an Illinois public institution of | ||||||
| 17 | higher education or nonprofit research institution with | ||||||
| 18 | experience in matters involving cultural arts, appointed | ||||||
| 19 | by the Governor; | ||||||
| 20 | (11) the Director of Labor or the Director's designee; | ||||||
| 21 | and | ||||||
| 22 | (12) five members from this State's arts community, | ||||||
| 23 | appointed by the Governor, including, but not limited to, | ||||||
| 24 | the following sectors: | ||||||
| 25 | (A) film, television, and video production; | ||||||
| 26 | (B) recorded audio and music production; | ||||||
| |||||||
| |||||||
| 1 | (C) animation production; | ||||||
| 2 | (D) video game development; | ||||||
| 3 | (E) live theater, orchestra, ballet, and opera; | ||||||
| 4 | (F) live music performance; | ||||||
| 5 | (G) visual arts, including sculpture, painting, | ||||||
| 6 | graphic design, and photography; | ||||||
| 7 | (H) production facilities, such as film and | ||||||
| 8 | television studios; | ||||||
| 9 | (I) live music or performing arts venues; and | ||||||
| 10 | (J) arts service organizations. | ||||||
| 11 | (c) No later than July 1, 2026, the Task Force shall | ||||||
| 12 | collect and analyze data on the current state of the creative | ||||||
| 13 | economy in this State and develop a strategic plan to improve | ||||||
| 14 | this State's creative economy that can be rolled out in | ||||||
| 15 | incremental phases to reach identified economic, social | ||||||
| 16 | justice, and business development goals. The goal of the | ||||||
| 17 | strategic plan shall be to ensure that this State is | ||||||
| 18 | competitive with respect to attracting creative economy | ||||||
| 19 | business, retaining talent within this State, and developing | ||||||
| 20 | marketable content that can be exported for national and | ||||||
| 21 | international consumption and monetization. The strategic plan | ||||||
| 22 | shall address support for the creative community within | ||||||
| 23 | historically marginalized communities, as well as the creative | ||||||
| 24 | economy at large, and take into account the diverse interests, | ||||||
| 25 | strengths, and needs of the people of this State. In | ||||||
| 26 | developing the strategic plan for the creative economy in this | ||||||
| |||||||
| |||||||
| 1 | State, the Task Force shall: | ||||||
| 2 | (1) identify existing studies of aspects affecting the | ||||||
| 3 | creative economy, including studies relating to tax | ||||||
| 4 | issues, legislation, finance, population and demographics, | ||||||
| 5 | and employment; | ||||||
| 6 | (2) conduct a comparative analysis with other | ||||||
| 7 | jurisdictions that have successfully developed creative | ||||||
| 8 | economy plans and programs; | ||||||
| 9 | (3) conduct in-depth interviews to identify best | ||||||
| 10 | practices for structuring a strategic plan for this State; | ||||||
| 11 | (4) evaluate existing banking models for financing | ||||||
| 12 | creative economy projects in the private sector and | ||||||
| 13 | develop a financial model to promote investment in this | ||||||
| 14 | State's creative economy; | ||||||
| 15 | (5) evaluate existing federal, State, and local tax | ||||||
| 16 | incentives and make recommendations for improvements to | ||||||
| 17 | support the creative economy; | ||||||
| 18 | (6) identify the role that counties and cities play | ||||||
| 19 | with respect to the strategic plan and the specific | ||||||
| 20 | counties and cities that may need or want a stronger | ||||||
| 21 | creative economy; | ||||||
| 22 | (7) identify opportunities for aligning with new | ||||||
| 23 | business models and the integration of new technologies; | ||||||
| 24 | (8) identify the role that State education programs in | ||||||
| 25 | the creative arts play in the creative economy and with | ||||||
| 26 | respect to advancing the strategic plan; | ||||||
| |||||||
| |||||||
| 1 | (9) identify geographic areas with the least amount of | ||||||
| 2 | access or opportunity for a creative economy; | ||||||
| 3 | (10) identify opportunities for earn-and-learn job | ||||||
| 4 | training employment for students who have enrolled or | ||||||
| 5 | completed a program in the arts, low-income or unemployed | ||||||
| 6 | creative workers, and others with demonstrated interest in | ||||||
| 7 | creative work in their communities; and | ||||||
| 8 | (11) identify existing initiatives and projects that | ||||||
| 9 | can be used as models for earn-and-learn opportunities or | ||||||
| 10 | as examples of best practices for earn-and-learn | ||||||
| 11 | opportunities that can be replicated Statewide or in | ||||||
| 12 | different regions. | ||||||
| 13 | (d) The Task Force shall submit its findings and | ||||||
| 14 | recommendations to the General Assembly no later than July 1, | ||||||
| 15 | 2026. | ||||||
| 16 | (e) Members of the Task Force shall serve without | ||||||
| 17 | compensation but may be reimbursed for necessary expenses | ||||||
| 18 | incurred in the performance of their duties. The Department of | ||||||
| 19 | Commerce and Economic Opportunity shall provide administrative | ||||||
| 20 | support to the Task Force. | ||||||
| 21 | (f) Appropriations for the Task Force may be used to | ||||||
| 22 | support operational expenses of the Department, including | ||||||
| 23 | entering into a contract with a third-party provider for | ||||||
| 24 | administrative support. | ||||||
| 25 | (g) The Director or the Director's designee may, after | ||||||
| 26 | issuing a request for proposals, designate a third-party | ||||||
| |||||||
| |||||||
| 1 | provider to help facilitate Task Force meetings, compile | ||||||
| 2 | information, and prepare the strategic plan described in | ||||||
| 3 | subsection (c). A third-party provider contracted by the | ||||||
| 4 | Director shall have experience conducting business in | ||||||
| 5 | professional arts or experience in business development and | ||||||
| 6 | drafting business plans and multidisciplinary planning | ||||||
| 7 | documents. | ||||||
| 8 | (h) This Section is repealed January 1, 2027. | ||||||
| 9 | (Source: P.A. 103-811, eff. 8-9-24; revised 9-23-24.)
| ||||||
| 10 | (20 ILCS 605/605-1117) | ||||||
| 11 | (Section scheduled to be repealed on June 1, 2026) | ||||||
| 12 | Sec. 605-1117 605-1115. Task Force on Interjurisdictional | ||||||
| 13 | Industrial Zoning Impacts. | ||||||
| 14 | (a) The General Assembly finds that industrial | ||||||
| 15 | developments typically have regional impacts, both positive | ||||||
| 16 | and negative. Those impacts extend beyond the zoning authority | ||||||
| 17 | of the unit of local government where the development is | ||||||
| 18 | located. Units of local government may experience impacts on | ||||||
| 19 | public health, public safety, the environment, traffic, | ||||||
| 20 | property values, population, and other considerations as a | ||||||
| 21 | result of industrial development occurring outside of the | ||||||
| 22 | their zoning jurisdiction, including areas adjacent to their | ||||||
| 23 | borders. | ||||||
| 24 | (b) The Task Force on Interjurisdictional Industrial | ||||||
| 25 | Zoning Impacts is created within the Department of Commerce | ||||||
| |||||||
| |||||||
| 1 | and Economic Opportunity. The Task Force shall examine the | ||||||
| 2 | following: | ||||||
| 3 | (1) current State and local zoning laws and policies | ||||||
| 4 | related to large industrial developments; | ||||||
| 5 | (2) current State and local laws and policies related | ||||||
| 6 | to annexation; | ||||||
| 7 | (3) State and local zoning and annexation laws and | ||||||
| 8 | policies outside of Illinois; | ||||||
| 9 | (4) the potential impacts of large industrial | ||||||
| 10 | developments on neighboring units of local government, | ||||||
| 11 | including how those developments may affect residential | ||||||
| 12 | communities; | ||||||
| 13 | (5) trends in industrial zoning across urban, | ||||||
| 14 | suburban, and rural regions of Illinois; | ||||||
| 15 | (6) available methodologies to determine the impact of | ||||||
| 16 | large industrial developments; and | ||||||
| 17 | (7) outcomes in recent zoning proceedings for large | ||||||
| 18 | industrial developments or attempts to develop properties | ||||||
| 19 | for large industrial purposes, including the recent | ||||||
| 20 | attempt to convert a 101 acre campus in Lake County near | ||||||
| 21 | Deerfield. | ||||||
| 22 | (c) The Task Force on Interjurisdictional Industrial | ||||||
| 23 | Zoning Impacts shall consist of the following members: | ||||||
| 24 | (1) the Director of Commerce and Economic Opportunity | ||||||
| 25 | or his or her designee; | ||||||
| 26 | (2) one member, appointed by the President of the | ||||||
| |||||||
| |||||||
| 1 | Senate, representing a statewide organization of | ||||||
| 2 | municipalities described in Section 1-8-1 of the Illinois | ||||||
| 3 | Municipal Code; | ||||||
| 4 | (3) one member, appointed by the President of the | ||||||
| 5 | Senate, representing a regional association of | ||||||
| 6 | municipalities and mayors; | ||||||
| 7 | (4) one member, appointed by the President of the | ||||||
| 8 | Senate, representing a regional association that | ||||||
| 9 | represents the commercial real estate industry; | ||||||
| 10 | (5) one member, appointed by the Speaker of the House | ||||||
| 11 | of Representatives, representing a statewide association | ||||||
| 12 | representing counties; | ||||||
| 13 | (6) one member, appointed by the Speaker of the House | ||||||
| 14 | of Representatives, representing a regional association of | ||||||
| 15 | municipalities and mayors; | ||||||
| 16 | (7) one member, appointed by the Minority Leader of | ||||||
| 17 | the Senate, representing a statewide professional economic | ||||||
| 18 | development association; | ||||||
| 19 | (8) one member, appointed by the Minority Leader of | ||||||
| 20 | the House of Representatives, representing a statewide | ||||||
| 21 | association of park districts; | ||||||
| 22 | (9) one member representing a statewide labor | ||||||
| 23 | organization, appointed by the Governor; | ||||||
| 24 | (10) one member representing the Office of the | ||||||
| 25 | Governor, appointed by the Governor; | ||||||
| 26 | (11) one member of the Senate, appointed by the | ||||||
| |||||||
| |||||||
| 1 | President of the Senate; | ||||||
| 2 | (12) one member of the Senate, appointed by the | ||||||
| 3 | Minority Leader of the Senate; | ||||||
| 4 | (13) one member of the House of Representatives, | ||||||
| 5 | appointed by the Speaker of the House of Representatives; | ||||||
| 6 | (14) one member of the House of Representatives, | ||||||
| 7 | appointed by the Minority Leader of the House of | ||||||
| 8 | Representatives; and | ||||||
| 9 | (15) one member representing a statewide manufacturing | ||||||
| 10 | association, appointed by the Governor. | ||||||
| 11 | (d) The members of the Task Force shall serve without | ||||||
| 12 | compensation. The Department of Commerce and Economic | ||||||
| 13 | Opportunity shall provide administrative support to the Task | ||||||
| 14 | Force. | ||||||
| 15 | (e) The Task Force shall meet at least once every 2 months. | ||||||
| 16 | Upon the first meeting of the Task Force, the members of the | ||||||
| 17 | Task Force shall elect a chairperson of the Task Force. | ||||||
| 18 | (f) The Task Force shall prepare a report on its findings | ||||||
| 19 | concerning zoning for large industrial development and | ||||||
| 20 | associated interjurisdictional impacts, including any | ||||||
| 21 | recommendations. The report shall be submitted to the Governor | ||||||
| 22 | and the General Assembly no later than December 31, 2025. | ||||||
| 23 | (g) This Section is repealed June 1, 2026. | ||||||
| 24 | (Source: P.A. 103-882, eff. 8-9-24; revised 9-23-24.)
| ||||||
| 25 | Section 110. The Economic Development Area Tax Increment | ||||||
| |||||||
| |||||||
| 1 | Allocation Act is amended by changing Section 8 as follows:
| ||||||
| 2 | (20 ILCS 620/8) (from Ch. 67 1/2, par. 1008) | ||||||
| 3 | Sec. 8. Issuance of obligations for economic development | ||||||
| 4 | project costs. Obligations secured by the special tax | ||||||
| 5 | allocation fund provided for in Section 7 of this Act for an | ||||||
| 6 | economic development project area may be issued to provide for | ||||||
| 7 | economic development project costs. Those obligations, when so | ||||||
| 8 | issued, shall be retired in the manner provided in the | ||||||
| 9 | ordinance authorizing the issuance of the obligations by the | ||||||
| 10 | receipts of taxes levied as specified in Section 6 of this Act | ||||||
| 11 | against the taxable property included in the economic | ||||||
| 12 | development project area and by other revenue designated or | ||||||
| 13 | pledged by the municipality. A municipality may in the | ||||||
| 14 | ordinance pledge all or any part of the funds in and to be | ||||||
| 15 | deposited in the special tax allocation fund created pursuant | ||||||
| 16 | to Section 7 of this Act to the payment of the economic | ||||||
| 17 | development project costs and obligations. Whenever a | ||||||
| 18 | municipality pledges all of the funds to the credit of a | ||||||
| 19 | special tax allocation fund to secure obligations issued or to | ||||||
| 20 | be issued to pay economic development project costs, the | ||||||
| 21 | municipality may specifically provide that funds remaining to | ||||||
| 22 | the credit of such special tax allocation fund after the | ||||||
| 23 | payment of such obligations shall be accounted for annually | ||||||
| 24 | and shall be deemed to be "surplus" funds, and such "surplus" | ||||||
| 25 | funds shall be distributed as hereinafter provided. Whenever a | ||||||
| |||||||
| |||||||
| 1 | municipality pledges less than all of the monies to the credit | ||||||
| 2 | of a special tax allocation fund to secure obligations issued | ||||||
| 3 | or to be issued to pay economic development project costs, the | ||||||
| 4 | municipality shall provide that monies to the credit of the | ||||||
| 5 | special tax allocation fund and not subject to such pledge or | ||||||
| 6 | otherwise encumbered or required for payment of contractual | ||||||
| 7 | obligations for specific economic development project costs | ||||||
| 8 | shall be calculated annually and shall be deemed to be | ||||||
| 9 | "surplus" funds, and such "surplus" funds shall be distributed | ||||||
| 10 | as hereinafter provided. All funds to the credit of a special | ||||||
| 11 | tax allocation fund which are deemed to be "surplus" funds | ||||||
| 12 | shall be distributed annually within 180 days of the close of | ||||||
| 13 | the municipality's fiscal year by being paid by the municipal | ||||||
| 14 | treasurer to the county collector. The county collector shall | ||||||
| 15 | thereafter make distribution to the respective taxing | ||||||
| 16 | districts in the same manner and proportion as the most recent | ||||||
| 17 | distribution by the county collector to those taxing districts | ||||||
| 18 | of real property taxes from real property in the economic | ||||||
| 19 | development project area. | ||||||
| 20 | Without limiting the foregoing in this Section, the | ||||||
| 21 | municipality may, in addition to obligations secured by the | ||||||
| 22 | special tax allocation fund, pledge for a period not greater | ||||||
| 23 | than the term of the obligations towards payment of those | ||||||
| 24 | obligations any part or any combination of the following: (i) | ||||||
| 25 | net revenues of all or part of any economic development | ||||||
| 26 | project; (ii) taxes levied and collected on any or all | ||||||
| |||||||
| |||||||
| 1 | property in the municipality, including, specifically, taxes | ||||||
| 2 | levied or imposed by the municipality in a special service | ||||||
| 3 | area pursuant to "An Act to provide the manner of levying or | ||||||
| 4 | imposing taxes for the provision of special services to areas | ||||||
| 5 | within the boundaries of home rule units and non-home rule | ||||||
| 6 | municipalities and counties", approved September 21, 1973, as | ||||||
| 7 | now or hereafter amended; (iii) the full faith and credit of | ||||||
| 8 | the municipality; (iv) a mortgage on part or all of the | ||||||
| 9 | economic development project; or (v) any other taxes or | ||||||
| 10 | anticipated receipts that the municipality may lawfully | ||||||
| 11 | pledge. | ||||||
| 12 | Such obligations may be issued in one or more series | ||||||
| 13 | bearing interest at such rate or rates as the corporate | ||||||
| 14 | authorities of the municipality shall determine by ordinance, | ||||||
| 15 | which rate or rates may be variable or fixed, without regard to | ||||||
| 16 | any limitations contained in any law now in effect or | ||||||
| 17 | hereafter adopted. Such obligations shall bear such date or | ||||||
| 18 | dates, mature at such time or times not exceeding 38 years from | ||||||
| 19 | their respective dates, but in no event exceeding 38 years | ||||||
| 20 | from the date of establishment of the economic development | ||||||
| 21 | project area, be in such denomination, be in such form, | ||||||
| 22 | whether coupon, registered, or book-entry, carry such | ||||||
| 23 | registration, conversion, and exchange privileges, be executed | ||||||
| 24 | in such manner, be payable in such medium of payment at such | ||||||
| 25 | place or places within or without the State of Illinois, | ||||||
| 26 | contain such covenants, terms, and conditions, be subject to | ||||||
| |||||||
| |||||||
| 1 | redemption with or without premium, be subject to defeasance | ||||||
| 2 | upon such terms, and have such rank or priority, as such | ||||||
| 3 | ordinance shall provide. Obligations issued pursuant to this | ||||||
| 4 | Act may be sold at public or private sale at such price as | ||||||
| 5 | shall be determined by the corporate authorities of the | ||||||
| 6 | municipalities. Such obligations may, but need not, be issued | ||||||
| 7 | utilizing the provisions of any one or more of the omnibus bond | ||||||
| 8 | Acts specified in Section 1.33 of the Statute on Statutes "An | ||||||
| 9 | Act to revise the law in relation to the construction of the | ||||||
| 10 | statutes", approved March 5, 1874, as now or hereafter | ||||||
| 11 | amended. No referendum approval of the electors shall be | ||||||
| 12 | required as a condition to the issuance of obligations | ||||||
| 13 | pursuant to this Act except as provided in this Section. | ||||||
| 14 | Whenever a municipality issues bonds for the purpose of | ||||||
| 15 | financing economic development project costs, the municipality | ||||||
| 16 | may provide by ordinance for the appointment of a trustee, | ||||||
| 17 | which may be any trust company within the State, and for the | ||||||
| 18 | establishment of the funds or accounts to be maintained by | ||||||
| 19 | such trustee as the municipality shall deem necessary to | ||||||
| 20 | provide for the security and payment of the bonds. If the | ||||||
| 21 | municipality provides for the appointment of a trustee, the | ||||||
| 22 | trustee shall be considered the assignee of any payments | ||||||
| 23 | assigned by the municipality pursuant to the ordinance and | ||||||
| 24 | this Section. Any amounts paid to the trustee as assignee | ||||||
| 25 | shall be deposited in the funds or accounts established | ||||||
| 26 | pursuant to the trust agreement, and shall be held by the | ||||||
| |||||||
| |||||||
| 1 | trustee in trust for the benefit of the holders of the bonds, | ||||||
| 2 | and the holders shall have a lien on and a security interest in | ||||||
| 3 | those bonds or accounts so long as the bonds remain | ||||||
| 4 | outstanding and unpaid. Upon retirement of the bonds, the | ||||||
| 5 | trustee shall pay over any excess amounts held to the | ||||||
| 6 | municipality for deposit in the special tax allocation fund. | ||||||
| 7 | In the event the municipality authorizes the issuance of | ||||||
| 8 | obligations pursuant to the authority of this Act secured by | ||||||
| 9 | the full faith and credit of the municipality, or pledges ad | ||||||
| 10 | valorem taxes pursuant to clause (ii) of the second paragraph | ||||||
| 11 | of this Section, which obligations are other than obligations | ||||||
| 12 | which may be issued under home rule powers provided by Article | ||||||
| 13 | VII, Section 6 of the Illinois Constitution or which ad | ||||||
| 14 | valorem taxes are other than ad valorem taxes which may be | ||||||
| 15 | pledged under home rule powers provided by Article VII, | ||||||
| 16 | Section 6 of the Illinois Constitution or which are levied in a | ||||||
| 17 | special service area pursuant to "An Act to provide the manner | ||||||
| 18 | of levying or imposing taxes for the provision of special | ||||||
| 19 | services to areas within the boundaries of home rule units and | ||||||
| 20 | non-home rule municipalities and counties", approved September | ||||||
| 21 | 21, 1973, as now or hereafter amended, the ordinance | ||||||
| 22 | authorizing the issuance of those obligations or pledging | ||||||
| 23 | those taxes shall be published within 10 days after the | ||||||
| 24 | ordinance has been adopted, in one or more newspapers having a | ||||||
| 25 | general circulation within the municipality. The publication | ||||||
| 26 | of the ordinance shall be accompanied by a notice of: (1) the | ||||||
| |||||||
| |||||||
| 1 | specific number of voters required to sign a petition | ||||||
| 2 | requesting the question of the issuance of the obligations or | ||||||
| 3 | pledging such ad valorem taxes to be submitted to the | ||||||
| 4 | electors; (2) the time within which the petition must be | ||||||
| 5 | filed; and (3) the date of the prospective referendum. The | ||||||
| 6 | municipal clerk shall provide a petition form to any | ||||||
| 7 | individual requesting one. | ||||||
| 8 | If no petition is filed with the municipal clerk, as | ||||||
| 9 | hereinafter provided in this Section, within 21 days after the | ||||||
| 10 | publication of the ordinance, the ordinance shall be in | ||||||
| 11 | effect. However, if, within that 21-day 21 day period, a | ||||||
| 12 | petition is filed with the municipal clerk, signed by electors | ||||||
| 13 | numbering not less than 15% of the number of electors voting | ||||||
| 14 | for the mayor or president at the last general municipal | ||||||
| 15 | election, asking that the question of issuing obligations | ||||||
| 16 | using full faith and credit of the municipality as security | ||||||
| 17 | for the cost of paying for economic development project costs, | ||||||
| 18 | or of pledging such ad valorem taxes for the payment of those | ||||||
| 19 | obligations, or both, be submitted to the electors of the | ||||||
| 20 | municipality, the municipality shall not be authorized to | ||||||
| 21 | issue obligations of the municipality using the full faith and | ||||||
| 22 | credit of the municipality as security or pledging such ad | ||||||
| 23 | valorem taxes for the payment of those obligations, or both, | ||||||
| 24 | until the proposition has been submitted to and approved by a | ||||||
| 25 | majority of the voters voting on the proposition at a | ||||||
| 26 | regularly scheduled election. The municipality shall certify | ||||||
| |||||||
| |||||||
| 1 | the proposition to the proper election authorities for | ||||||
| 2 | submission in accordance with the general election law. | ||||||
| 3 | The ordinance authorizing the obligations may provide that | ||||||
| 4 | the obligations shall contain a recital that they are issued | ||||||
| 5 | pursuant to this Act, which recital shall be conclusive | ||||||
| 6 | evidence of their validity and of the regularity of their | ||||||
| 7 | issuance. | ||||||
| 8 | In the event the municipality authorizes issuance of | ||||||
| 9 | obligations pursuant to this Act secured by the full faith and | ||||||
| 10 | credit of the municipality, the ordinance authorizing the | ||||||
| 11 | obligations may provide for the levy and collection of a | ||||||
| 12 | direct annual tax upon all taxable property within the | ||||||
| 13 | municipality sufficient to pay the principal thereof and | ||||||
| 14 | interest thereon as it matures, which levy may be in addition | ||||||
| 15 | to and exclusive of the maximum of all other taxes authorized | ||||||
| 16 | to be levied by the municipality, which levy, however, shall | ||||||
| 17 | be abated to the extent that monies from other sources are | ||||||
| 18 | available for payment of the obligations and the municipality | ||||||
| 19 | certifies the amount of those monies available to the county | ||||||
| 20 | clerk. | ||||||
| 21 | A certified copy of the ordinance shall be filed with the | ||||||
| 22 | county clerk of each county in which any portion of the | ||||||
| 23 | municipality is situated, and shall constitute the authority | ||||||
| 24 | for the extension and collection of the taxes to be deposited | ||||||
| 25 | in the special tax allocation fund. | ||||||
| 26 | A municipality may also issue its obligations to refund, | ||||||
| |||||||
| |||||||
| 1 | in whole or in part, obligations theretofore issued by the | ||||||
| 2 | municipality under the authority of this Act, whether at or | ||||||
| 3 | prior to maturity. However, the last maturity of the refunding | ||||||
| 4 | obligations shall not be expressed to mature later than 38 | ||||||
| 5 | years from the date of the ordinance establishing the economic | ||||||
| 6 | development project area. | ||||||
| 7 | In the event a municipality issues obligations under home | ||||||
| 8 | rule powers or other legislative authority, the proceeds of | ||||||
| 9 | which are pledged to pay for economic development project | ||||||
| 10 | costs, the municipality may, if it has followed the procedures | ||||||
| 11 | in conformance with this Act, retire those obligations from | ||||||
| 12 | funds in the special tax allocation fund in amounts and in such | ||||||
| 13 | manner as if those obligations had been issued pursuant to the | ||||||
| 14 | provisions of this Act. | ||||||
| 15 | No obligations issued pursuant to this Act shall be | ||||||
| 16 | regarded as indebtedness of the municipality issuing those | ||||||
| 17 | obligations or any other taxing district for the purpose of | ||||||
| 18 | any limitation imposed by law. | ||||||
| 19 | Obligations issued pursuant to this Act shall not be | ||||||
| 20 | subject to the provisions of the Bond Authorization Act "An | ||||||
| 21 | Act to authorize public corporations to issue bonds, other | ||||||
| 22 | evidences of indebtedness and tax anticipation warrants | ||||||
| 23 | subject to interest rate limitations set forth therein", | ||||||
| 24 | approved May 26, 1970, as amended. | ||||||
| 25 | (Source: P.A. 97-636, eff. 6-1-12; revised 7-24-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 115. The Reimagining Energy and Vehicles in | ||||||
| 2 | Illinois Act is amended by changing Sections 10, 20, 65, and 95 | ||||||
| 3 | as follows:
| ||||||
| 4 | (20 ILCS 686/10) | ||||||
| 5 | Sec. 10. Definitions. As used in this Act: | ||||||
| 6 | "Advanced battery" means a battery that consists of a | ||||||
| 7 | battery cell that can be integrated into a module, pack, or | ||||||
| 8 | system to be used in energy storage applications, including a | ||||||
| 9 | battery used in an electric vehicle or the electric grid. | ||||||
| 10 | "Advanced battery component" means a component of an | ||||||
| 11 | advanced battery, including materials, enhancements, | ||||||
| 12 | enclosures, anodes, cathodes, electrolytes, cells, and other | ||||||
| 13 | associated technologies that comprise an advanced battery. | ||||||
| 14 | "Agreement" means the agreement between a taxpayer and the | ||||||
| 15 | Department under the provisions of Section 45 of this Act. | ||||||
| 16 | "Applicant" means a taxpayer that (i) operates a business | ||||||
| 17 | in Illinois or is planning to locate a business within the | ||||||
| 18 | State of Illinois and (ii) is engaged in interstate or | ||||||
| 19 | intrastate commerce as an electric vehicle manufacturer, an | ||||||
| 20 | electric vehicle component parts manufacturer, or an electric | ||||||
| 21 | vehicle power supply equipment manufacturer. For applications | ||||||
| 22 | for credits under this Act that are submitted on or after | ||||||
| 23 | February 3, 2023 (the effective date of Public Act 102-1125) | ||||||
| 24 | this amendatory Act of the 102nd General Assembly, "applicant" | ||||||
| 25 | also includes a taxpayer that (i) operates a business in | ||||||
| |||||||
| |||||||
| 1 | Illinois or is planning to locate a business within the State | ||||||
| 2 | of Illinois and (ii) is engaged in interstate or intrastate | ||||||
| 3 | commerce as a renewable energy manufacturer. "Applicant" does | ||||||
| 4 | not include a taxpayer who closes or substantially reduces by | ||||||
| 5 | more than 50% operations at one location in the State and | ||||||
| 6 | relocates substantially the same operation to another location | ||||||
| 7 | in the State. This does not prohibit a Taxpayer from expanding | ||||||
| 8 | its operations at another location in the State. This also | ||||||
| 9 | does not prohibit a Taxpayer from moving its operations from | ||||||
| 10 | one location in the State to another location in the State for | ||||||
| 11 | the purpose of expanding the operation, provided that the | ||||||
| 12 | Department determines that expansion cannot reasonably be | ||||||
| 13 | accommodated within the municipality or county in which the | ||||||
| 14 | business is located, or, in the case of a business located in | ||||||
| 15 | an incorporated area of the county, within the county in which | ||||||
| 16 | the business is located, after conferring with the chief | ||||||
| 17 | elected official of the municipality or county and taking into | ||||||
| 18 | consideration any evidence offered by the municipality or | ||||||
| 19 | county regarding the ability to accommodate expansion within | ||||||
| 20 | the municipality or county. | ||||||
| 21 | "Battery raw materials" means the raw and processed form | ||||||
| 22 | of a mineral, metal, chemical, or other material used in an | ||||||
| 23 | advanced battery component. | ||||||
| 24 | "Battery raw materials refining service provider" means a | ||||||
| 25 | business that operates a facility that filters, sifts, and | ||||||
| 26 | treats battery raw materials for use in an advanced battery. | ||||||
| |||||||
| |||||||
| 1 | "Battery recycling and reuse manufacturer" means a | ||||||
| 2 | manufacturer that is primarily engaged in the recovery, | ||||||
| 3 | retrieval, processing, recycling, or recirculating of battery | ||||||
| 4 | raw materials for new use in electric vehicle batteries. | ||||||
| 5 | "Capital improvements" means the purchase, renovation, | ||||||
| 6 | rehabilitation, or construction of permanent tangible land, | ||||||
| 7 | buildings, structures, equipment, and furnishings in an | ||||||
| 8 | approved project sited in Illinois and expenditures for goods | ||||||
| 9 | or services that are normally capitalized, including | ||||||
| 10 | organizational costs and research and development costs | ||||||
| 11 | incurred in Illinois. For land, buildings, structures, and | ||||||
| 12 | equipment that are leased, the lease must equal or exceed the | ||||||
| 13 | term of the agreement, and the cost of the property shall be | ||||||
| 14 | determined from the present value, using the corporate | ||||||
| 15 | interest rate prevailing at the time of the application, of | ||||||
| 16 | the lease payments. | ||||||
| 17 | "Credit" means either a "REV Illinois Credit" or a "REV | ||||||
| 18 | Construction Jobs Credit" agreed to between the Department and | ||||||
| 19 | applicant under this Act. | ||||||
| 20 | "Department" means the Department of Commerce and Economic | ||||||
| 21 | Opportunity. | ||||||
| 22 | "Director" means the Director of Commerce and Economic | ||||||
| 23 | Opportunity. | ||||||
| 24 | "Electric vehicle" means a vehicle that is exclusively | ||||||
| 25 | powered by and refueled by electricity, including electricity | ||||||
| 26 | generated through hydrogen fuel cells or solar technology. | ||||||
| |||||||
| |||||||
| 1 | "Electric vehicle", except when referencing aircraft with | ||||||
| 2 | hybrid electric propulsion systems, does not include | ||||||
| 3 | hybrid-electric hybrid electric vehicles, electric bicycles, | ||||||
| 4 | or extended-range electric vehicles that are also equipped | ||||||
| 5 | with conventional fueled propulsion or auxiliary engines. | ||||||
| 6 | "Electric vehicle manufacturer" means a new or existing | ||||||
| 7 | manufacturer that is primarily focused on reequipping, | ||||||
| 8 | expanding, or establishing a manufacturing facility in | ||||||
| 9 | Illinois that produces electric vehicles as defined in this | ||||||
| 10 | Section. | ||||||
| 11 | "Electric vehicle component parts manufacturer" means a | ||||||
| 12 | new or existing manufacturer that is focused on reequipping, | ||||||
| 13 | expanding, or establishing a manufacturing facility in | ||||||
| 14 | Illinois that produces parts or accessories used in electric | ||||||
| 15 | vehicles, as defined by this Section, including advanced | ||||||
| 16 | battery component parts. The changes to this definition of | ||||||
| 17 | "electric vehicle component parts manufacturer" apply to | ||||||
| 18 | agreements under this Act that are entered into on or after | ||||||
| 19 | December 21, 2022 (the effective date of Public Act 102-1112) | ||||||
| 20 | this amendatory Act of the 102nd General Assembly. | ||||||
| 21 | "Electric vehicle power supply equipment" means the | ||||||
| 22 | equipment used specifically for the purpose of delivering | ||||||
| 23 | electricity to an electric vehicle, including hydrogen fuel | ||||||
| 24 | cells or solar refueling infrastructure. | ||||||
| 25 | "Electric vehicle power supply manufacturer" means a new | ||||||
| 26 | or existing manufacturer that is focused on reequipping, | ||||||
| |||||||
| |||||||
| 1 | expanding, or establishing a manufacturing facility in | ||||||
| 2 | Illinois that produces electric vehicle power supply equipment | ||||||
| 3 | used for the purpose of delivering electricity to an electric | ||||||
| 4 | vehicle, including hydrogen fuel cell or solar refueling | ||||||
| 5 | infrastructure. | ||||||
| 6 | "Electric vehicle powertrain technology" means equipment | ||||||
| 7 | used to convert electricity for use in aerospace propulsion. | ||||||
| 8 | "Electric vehicle powertrain technology manufacturer" | ||||||
| 9 | means a new or existing manufacturer that is focused on | ||||||
| 10 | reequipping, expanding, or establishing a manufacturing | ||||||
| 11 | facility in Illinois that develops and validates electric | ||||||
| 12 | vehicle powertrain technology for use in aerospace propulsion. | ||||||
| 13 | "Electric vertical takeoff and landing aircraft" or "eVTOL | ||||||
| 14 | aircraft" means a fully electric aircraft that lands and takes | ||||||
| 15 | off vertically. | ||||||
| 16 | "Energy Transition Area" means a county with less than | ||||||
| 17 | 100,000 people or a municipality that contains one or more of | ||||||
| 18 | the following: | ||||||
| 19 | (1) a fossil fuel plant that was retired from service | ||||||
| 20 | or has significant reduced service within 6 years before | ||||||
| 21 | the time of the application or will be retired or have | ||||||
| 22 | service significantly reduced within 6 years following the | ||||||
| 23 | time of the application; or | ||||||
| 24 | (2) a coal mine that was closed or had operations | ||||||
| 25 | significantly reduced within 6 years before the time of | ||||||
| 26 | the application or is anticipated to be closed or have | ||||||
| |||||||
| |||||||
| 1 | operations significantly reduced within 6 years following | ||||||
| 2 | the time of the application. | ||||||
| 3 | "Full-time employee" means an individual who is employed | ||||||
| 4 | for consideration for at least 35 hours each week or who | ||||||
| 5 | renders any other standard of service generally accepted by | ||||||
| 6 | industry custom or practice as full-time employment. An | ||||||
| 7 | individual for whom a W-2 is issued by a Professional Employer | ||||||
| 8 | Organization (PEO) is a full-time employee if employed in the | ||||||
| 9 | service of the applicant for consideration for at least 35 | ||||||
| 10 | hours each week. | ||||||
| 11 | "Green steel manufacturer" means an entity that | ||||||
| 12 | manufactures steel without the use of fossil fuels and with | ||||||
| 13 | zero net carbon emissions. | ||||||
| 14 | "Incremental income tax" means the total amount withheld | ||||||
| 15 | during the taxable year from the compensation of new employees | ||||||
| 16 | and, if applicable, retained employees under Article 7 of the | ||||||
| 17 | Illinois Income Tax Act arising from employment at a project | ||||||
| 18 | that is the subject of an agreement. | ||||||
| 19 | "Institution of higher education" or "institution" means | ||||||
| 20 | any accredited public or private university, college, | ||||||
| 21 | community college, business, technical, or vocational school, | ||||||
| 22 | or other accredited educational institution offering degrees | ||||||
| 23 | and instruction beyond the secondary school level. | ||||||
| 24 | "Minority person" means a minority person as defined in | ||||||
| 25 | the Business Enterprise for Minorities, Women, and Persons | ||||||
| 26 | with Disabilities Act. | ||||||
| |||||||
| |||||||
| 1 | "New employee" means a newly-hired, full-time employee | ||||||
| 2 | employed to work at the project site and whose work is directly | ||||||
| 3 | related to the project. | ||||||
| 4 | "Noncompliance date" means, in the case of a taxpayer that | ||||||
| 5 | is not complying with the requirements of the agreement or the | ||||||
| 6 | provisions of this Act, the day following the last date upon | ||||||
| 7 | which the taxpayer was in compliance with the requirements of | ||||||
| 8 | the agreement and the provisions of this Act, as determined by | ||||||
| 9 | the Director, pursuant to Section 70. | ||||||
| 10 | "Pass-through entity" means an entity that is exempt from | ||||||
| 11 | the tax under subsection (b) or (c) of Section 205 of the | ||||||
| 12 | Illinois Income Tax Act. | ||||||
| 13 | "Placed in service" means the state or condition of | ||||||
| 14 | readiness, availability for a specifically assigned function, | ||||||
| 15 | and the facility is constructed and ready to conduct its | ||||||
| 16 | facility operations to manufacture goods. | ||||||
| 17 | "Professional employer organization" (PEO) means an | ||||||
| 18 | employee leasing company, as defined in Section 206.1 of the | ||||||
| 19 | Illinois Unemployment Insurance Act. | ||||||
| 20 | "Program" means the Reimagining Energy and Vehicles in | ||||||
| 21 | Illinois Program (the REV Illinois Program) established in | ||||||
| 22 | this Act. | ||||||
| 23 | "Project" or "REV Illinois Project" means a for-profit | ||||||
| 24 | economic development activity for the manufacture of electric | ||||||
| 25 | vehicles, electric vehicle component parts, electric vehicle | ||||||
| 26 | power supply equipment, or renewable energy products, which is | ||||||
| |||||||
| |||||||
| 1 | designated by the Department as a REV Illinois Project and is | ||||||
| 2 | the subject of an agreement. | ||||||
| 3 | "Recycling facility" means a location at which the | ||||||
| 4 | taxpayer disposes of batteries and other component parts in | ||||||
| 5 | manufacturing of electric vehicles, electric vehicle component | ||||||
| 6 | parts, or electric vehicle power supply equipment. | ||||||
| 7 | "Related member" means a person that, with respect to the | ||||||
| 8 | taxpayer during any portion of the taxable year, is any one of | ||||||
| 9 | the following: | ||||||
| 10 | (1) An individual stockholder, if the stockholder and | ||||||
| 11 | the members of the stockholder's family (as defined in | ||||||
| 12 | Section 318 of the Internal Revenue Code) own directly, | ||||||
| 13 | indirectly, beneficially, or constructively, in the | ||||||
| 14 | aggregate, at least 50% of the value of the taxpayer's | ||||||
| 15 | outstanding stock. | ||||||
| 16 | (2) A partnership, estate, trust and any partner or | ||||||
| 17 | beneficiary, if the partnership, estate, or trust, and its | ||||||
| 18 | partners or beneficiaries own directly, indirectly, | ||||||
| 19 | beneficially, or constructively, in the aggregate, at | ||||||
| 20 | least 50% of the profits, capital, stock, or value of the | ||||||
| 21 | taxpayer. | ||||||
| 22 | (3) A corporation, and any party related to the | ||||||
| 23 | corporation in a manner that would require an attribution | ||||||
| 24 | of stock from the corporation under the attribution rules | ||||||
| 25 | of Section 318 of the Internal Revenue Code, if the | ||||||
| 26 | Taxpayer owns directly, indirectly, beneficially, or | ||||||
| |||||||
| |||||||
| 1 | constructively at least 50% of the value of the | ||||||
| 2 | corporation's outstanding stock. | ||||||
| 3 | (4) A corporation and any party related to that | ||||||
| 4 | corporation in a manner that would require an attribution | ||||||
| 5 | of stock from the corporation to the party or from the | ||||||
| 6 | party to the corporation under the attribution rules of | ||||||
| 7 | Section 318 of the Internal Revenue Code, if the | ||||||
| 8 | corporation and all such related parties own in the | ||||||
| 9 | aggregate at least 50% of the profits, capital, stock, or | ||||||
| 10 | value of the taxpayer. | ||||||
| 11 | (5) A person to or from whom there is an attribution of | ||||||
| 12 | stock ownership in accordance with Section 1563(e) of the | ||||||
| 13 | Internal Revenue Code, except, for purposes of determining | ||||||
| 14 | whether a person is a related member under this paragraph, | ||||||
| 15 | 20% shall be substituted for 5% wherever 5% appears in | ||||||
| 16 | Section 1563(e) of the Internal Revenue Code. | ||||||
| 17 | "Renewable energy" means energy produced using the | ||||||
| 18 | materials and sources of energy through which renewable energy | ||||||
| 19 | resources are generated. | ||||||
| 20 | "Renewable energy manufacturer" means a manufacturer whose | ||||||
| 21 | primary function is to manufacture or assemble: (i) equipment, | ||||||
| 22 | systems, or products used to produce renewable or nuclear | ||||||
| 23 | energy; (ii) products used for energy storage, or grid | ||||||
| 24 | efficiency purposes; or (iii) component parts for that | ||||||
| 25 | equipment or those systems or products. | ||||||
| 26 | "Renewable energy resources" has the meaning ascribed to | ||||||
| |||||||
| |||||||
| 1 | that term in Section 1-10 of the Illinois Power Agency Act. | ||||||
| 2 | "Research and development" means work directed toward the | ||||||
| 3 | innovation, introduction, and improvement of products and | ||||||
| 4 | processes. "Research and development" includes all levels of | ||||||
| 5 | research and development that directly result in the potential | ||||||
| 6 | manufacturing and marketability of renewable energy, electric | ||||||
| 7 | vehicles, electric vehicle component parts, and electric or | ||||||
| 8 | hybrid aircraft. | ||||||
| 9 | "Retained employee" means a full-time employee employed by | ||||||
| 10 | the taxpayer prior to the term of the Agreement who continues | ||||||
| 11 | to be employed during the term of the agreement whose job | ||||||
| 12 | duties are directly related to the project. The term "retained | ||||||
| 13 | employee" does not include any individual who has a direct or | ||||||
| 14 | an indirect ownership interest of at least 5% in the profits, | ||||||
| 15 | equity, capital, or value of the taxpayer or a child, | ||||||
| 16 | grandchild, parent, or spouse, other than a spouse who is | ||||||
| 17 | legally separated from the individual, of any individual who | ||||||
| 18 | has a direct or indirect ownership of at least 5% in the | ||||||
| 19 | profits, equity, capital, or value of the taxpayer. The | ||||||
| 20 | changes to this definition of "retained employee" apply to | ||||||
| 21 | agreements for credits under this Act that are entered into on | ||||||
| 22 | or after December 21, 2022 (the effective date of Public Act | ||||||
| 23 | 102-1112) this amendatory Act of the 102nd General Assembly. | ||||||
| 24 | "REV Illinois credit" means a credit agreed to between the | ||||||
| 25 | Department and the applicant under this Act that is based on | ||||||
| 26 | the incremental income tax attributable to new employees and, | ||||||
| |||||||
| |||||||
| 1 | if applicable, retained employees, and on training costs for | ||||||
| 2 | such employees at the applicant's project. | ||||||
| 3 | "REV construction jobs credit" means a credit agreed to | ||||||
| 4 | between the Department and the applicant under this Act that | ||||||
| 5 | is based on the incremental income tax attributable to | ||||||
| 6 | construction wages paid in connection with construction of the | ||||||
| 7 | project facilities. | ||||||
| 8 | "Statewide baseline" means the total number of full-time | ||||||
| 9 | employees of the applicant and any related member employed by | ||||||
| 10 | such entities at the time of application for incentives under | ||||||
| 11 | this Act. | ||||||
| 12 | "Taxpayer" means an individual, corporation, partnership, | ||||||
| 13 | or other entity that has a legal obligation to pay Illinois | ||||||
| 14 | income taxes and file an Illinois income tax return. | ||||||
| 15 | "Training costs" means costs incurred to upgrade the | ||||||
| 16 | technological skills of full-time employees in Illinois and | ||||||
| 17 | includes: curriculum development; training materials | ||||||
| 18 | (including scrap product costs); trainee domestic travel | ||||||
| 19 | expenses; instructor costs (including wages, fringe benefits, | ||||||
| 20 | tuition, and domestic travel expenses); rent, purchase, or | ||||||
| 21 | lease of training equipment; and other usual and customary | ||||||
| 22 | training costs. "Training costs" do not include costs | ||||||
| 23 | associated with travel outside the United States (unless the | ||||||
| 24 | Taxpayer receives prior written approval for the travel by the | ||||||
| 25 | Director based on a showing of substantial need or other proof | ||||||
| 26 | the training is not reasonably available within the United | ||||||
| |||||||
| |||||||
| 1 | States), wages and fringe benefits of employees during periods | ||||||
| 2 | of training, or administrative cost related to full-time | ||||||
| 3 | employees of the taxpayer. | ||||||
| 4 | "Underserved area" means any geographic area as defined in | ||||||
| 5 | Section 5-5 of the Economic Development for a Growing Economy | ||||||
| 6 | Tax Credit Act. | ||||||
| 7 | (Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22; | ||||||
| 8 | 102-1112, eff. 12-21-22; 102-1125, eff. 2-3-23; 103-595, eff. | ||||||
| 9 | 6-26-24; revised 10-24-24.)
| ||||||
| 10 | (20 ILCS 686/20) | ||||||
| 11 | Sec. 20. REV Illinois Program; project applications. | ||||||
| 12 | (a) The Reimagining Energy and Vehicles in Illinois (REV | ||||||
| 13 | Illinois) Program is hereby established and shall be | ||||||
| 14 | administered by the Department. The Program will provide | ||||||
| 15 | financial incentives to any one or more of the following: (1) | ||||||
| 16 | eligible manufacturers of electric vehicles, electric vehicle | ||||||
| 17 | component parts, and electric vehicle power supply equipment; | ||||||
| 18 | (2) battery recycling and reuse manufacturers; (3) battery raw | ||||||
| 19 | materials refining service providers; or (4) renewable energy | ||||||
| 20 | manufacturers. | ||||||
| 21 | (b) Any taxpayer planning a project to be located in | ||||||
| 22 | Illinois may request consideration for designation of its | ||||||
| 23 | project as a REV Illinois Project, by formal written letter of | ||||||
| 24 | request or by formal application to the Department, in which | ||||||
| 25 | the applicant states its intent to make at least a specified | ||||||
| |||||||
| |||||||
| 1 | level of investment and intends to hire a specified number of | ||||||
| 2 | full-time employees at a designated location in Illinois. As | ||||||
| 3 | circumstances require, the Department shall require a formal | ||||||
| 4 | application from an applicant and a formal letter of request | ||||||
| 5 | for assistance. | ||||||
| 6 | (c) In order to qualify for credits under the REV Illinois | ||||||
| 7 | Program, an applicant must: | ||||||
| 8 | (1) if the applicant is an electric vehicle | ||||||
| 9 | manufacturer: | ||||||
| 10 | (A) make an investment of at least $1,500,000,000 | ||||||
| 11 | in capital improvements at the project site; | ||||||
| 12 | (B) to be placed in service within the State | ||||||
| 13 | within a 60-month period after approval of the | ||||||
| 14 | application; and | ||||||
| 15 | (C) create at least 500 new full-time employee | ||||||
| 16 | jobs; or | ||||||
| 17 | (2) if the applicant is an electric vehicle component | ||||||
| 18 | parts manufacturer, a renewable energy manufacturer, a | ||||||
| 19 | green steel manufacturer, or an entity engaged in | ||||||
| 20 | research, development, or manufacturing of eVTOL aircraft | ||||||
| 21 | or hybrid-electric or fully electric propulsion systems | ||||||
| 22 | for airliners: | ||||||
| 23 | (A) make an investment of at least $300,000,000 in | ||||||
| 24 | capital improvements at the project site; | ||||||
| 25 | (B) manufacture one or more parts that are | ||||||
| 26 | primarily used for electric vehicle, renewable energy, | ||||||
| |||||||
| |||||||
| 1 | or green steel manufacturing; | ||||||
| 2 | (C) to be placed in service within the State | ||||||
| 3 | within a 60-month period after approval of the | ||||||
| 4 | application; and | ||||||
| 5 | (D) create at least 150 new full-time employee | ||||||
| 6 | jobs; or | ||||||
| 7 | (3) if the agreement is entered into before February | ||||||
| 8 | 3, 2023 (the effective date of Public Act 102-1125) this | ||||||
| 9 | amendatory Act of the 102nd General Assembly and the | ||||||
| 10 | applicant is an electric vehicle manufacturer, an electric | ||||||
| 11 | vehicle power supply equipment manufacturer, an electric | ||||||
| 12 | vehicle component part manufacturer, renewable energy | ||||||
| 13 | manufacturer, or green steel manufacturer that does not | ||||||
| 14 | qualify under paragraph (2) above, a battery recycling and | ||||||
| 15 | reuse manufacturer, or a battery raw materials refining | ||||||
| 16 | service provider: | ||||||
| 17 | (A) make an investment of at least $20,000,000 in | ||||||
| 18 | capital improvements at the project site; | ||||||
| 19 | (B) for electric vehicle component part | ||||||
| 20 | manufacturers, manufacture one or more parts that are | ||||||
| 21 | primarily used for electric vehicle manufacturing; | ||||||
| 22 | (C) to be placed in service within the State | ||||||
| 23 | within a 48-month period after approval of the | ||||||
| 24 | application; and | ||||||
| 25 | (D) create at least 50 new full-time employee | ||||||
| 26 | jobs; or | ||||||
| |||||||
| |||||||
| 1 | (3.1) if the agreement is entered into on or after | ||||||
| 2 | February 3, 2023 (the effective date of Public Act | ||||||
| 3 | 102-1125) this amendatory Act of the 102nd General | ||||||
| 4 | Assembly and the applicant is an electric vehicle | ||||||
| 5 | manufacturer, an electric vehicle power supply equipment | ||||||
| 6 | manufacturer, an electric vehicle component part | ||||||
| 7 | manufacturer, a renewable energy manufacturer, a green | ||||||
| 8 | steel manufacturer, or an entity engaged in research, | ||||||
| 9 | development, or manufacturing of eVTOL aircraft or | ||||||
| 10 | hybrid-electric or fully electric propulsion systems for | ||||||
| 11 | airliners that does not qualify under paragraph (2) above, | ||||||
| 12 | a battery recycling and reuse manufacturer, or a battery | ||||||
| 13 | raw materials refining service provider: | ||||||
| 14 | (A) make an investment of at least $2,500,000 in | ||||||
| 15 | capital improvements at the project site; | ||||||
| 16 | (B) in the case of electric vehicle component part | ||||||
| 17 | manufacturers, manufacture one or more parts that are | ||||||
| 18 | used for electric vehicle manufacturing; | ||||||
| 19 | (C) to be placed in service within the State | ||||||
| 20 | within a 48-month period after approval of the | ||||||
| 21 | application; and | ||||||
| 22 | (D) create the lesser of 50 new full-time employee | ||||||
| 23 | jobs or new full-time employee jobs equivalent to 10% | ||||||
| 24 | of the Statewide baseline applicable to the taxpayer | ||||||
| 25 | and any related member at the time of application; or | ||||||
| 26 | (4) if the agreement is entered into before February | ||||||
| |||||||
| |||||||
| 1 | 3, 2023 (the effective date of Public Act 102-1125) this | ||||||
| 2 | amendatory Act of the 102nd General Assembly and the | ||||||
| 3 | applicant is an electric vehicle manufacturer or electric | ||||||
| 4 | vehicle component parts manufacturer with existing | ||||||
| 5 | operations within Illinois that intends to convert or | ||||||
| 6 | expand, in whole or in part, the existing facility from | ||||||
| 7 | traditional manufacturing to primarily electric vehicle | ||||||
| 8 | manufacturing, electric vehicle component parts | ||||||
| 9 | manufacturing, an electric vehicle power supply equipment | ||||||
| 10 | manufacturing, or a green steel manufacturer: | ||||||
| 11 | (A) make an investment of at least $100,000,000 in | ||||||
| 12 | capital improvements at the project site; | ||||||
| 13 | (B) to be placed in service within the State | ||||||
| 14 | within a 60-month period after approval of the | ||||||
| 15 | application; and | ||||||
| 16 | (C) create the lesser of 75 new full-time employee | ||||||
| 17 | jobs or new full-time employee jobs equivalent to 10% | ||||||
| 18 | of the Statewide baseline applicable to the taxpayer | ||||||
| 19 | and any related member at the time of application; | ||||||
| 20 | (4.1) if the agreement is entered into on or after | ||||||
| 21 | February 3, 2023 (the effective date of Public Act | ||||||
| 22 | 102-1125) this amendatory Act of the 102nd General | ||||||
| 23 | Assembly and the applicant (i) is an electric vehicle | ||||||
| 24 | manufacturer, an electric vehicle component parts | ||||||
| 25 | manufacturer, a renewable energy manufacturer, a green | ||||||
| 26 | steel manufacturer, or an entity engaged in research, | ||||||
| |||||||
| |||||||
| 1 | development, or manufacturing of eVTOL aircraft or hybrid | ||||||
| 2 | electric or fully electric propulsion systems for | ||||||
| 3 | airliners and (ii) has existing operations within Illinois | ||||||
| 4 | that the applicant intends to convert or expand, in whole | ||||||
| 5 | or in part, from traditional manufacturing to electric | ||||||
| 6 | vehicle manufacturing, electric vehicle component parts | ||||||
| 7 | manufacturing, renewable energy manufacturing, or electric | ||||||
| 8 | vehicle power supply equipment manufacturing: | ||||||
| 9 | (A) make an investment of at least $100,000,000 in | ||||||
| 10 | capital improvements at the project site; | ||||||
| 11 | (B) to be placed in service within the State | ||||||
| 12 | within a 60-month period after approval of the | ||||||
| 13 | application; and | ||||||
| 14 | (C) create the lesser of 50 new full-time employee | ||||||
| 15 | jobs or new full-time employee jobs equivalent to 10% | ||||||
| 16 | of the Statewide baseline applicable to the taxpayer | ||||||
| 17 | and any related member at the time of application; or | ||||||
| 18 | (5) if the agreement is entered into on or after June | ||||||
| 19 | 7, 2023 (the effective date of the changes made to this | ||||||
| 20 | Section by Public Act 103-9) this amendatory Act of the | ||||||
| 21 | 103rd General Assembly and before June 1, 2024 and the | ||||||
| 22 | applicant (i) is an electric vehicle manufacturer, an | ||||||
| 23 | electric vehicle component parts manufacturer, or a | ||||||
| 24 | renewable energy manufacturer or (ii) has existing | ||||||
| 25 | operations within Illinois that the applicant intends to | ||||||
| 26 | convert or expand, in whole or in part, from traditional | ||||||
| |||||||
| |||||||
| 1 | manufacturing to electric vehicle manufacturing, electric | ||||||
| 2 | vehicle component parts manufacturing, renewable energy | ||||||
| 3 | manufacturing, or electric vehicle power supply equipment | ||||||
| 4 | manufacturing: | ||||||
| 5 | (A) make an investment of at least $500,000,000 in | ||||||
| 6 | capital improvements at the project site; | ||||||
| 7 | (B) to be placed in service within the State | ||||||
| 8 | within a 60-month period after approval of the | ||||||
| 9 | application; and | ||||||
| 10 | (C) retain at least 800 full-time employee jobs at | ||||||
| 11 | the project. | ||||||
| 12 | (d) For agreements entered into prior to April 19, 2022 | ||||||
| 13 | (the effective date of Public Act 102-700), for any applicant | ||||||
| 14 | creating the full-time employee jobs noted in subsection (c), | ||||||
| 15 | those jobs must have a total compensation equal to or greater | ||||||
| 16 | than 120% of the average wage paid to full-time employees in | ||||||
| 17 | the county where the project is located, as determined by the | ||||||
| 18 | U.S. Bureau of Labor Statistics. For agreements entered into | ||||||
| 19 | on or after April 19, 2022 (the effective date of Public Act | ||||||
| 20 | 102-700), for any applicant creating the full-time employee | ||||||
| 21 | jobs noted in subsection (c), those jobs must have a | ||||||
| 22 | compensation equal to or greater than 120% of the average wage | ||||||
| 23 | paid to full-time employees in a similar position within an | ||||||
| 24 | occupational group in the county where the project is located, | ||||||
| 25 | as determined by the Department. | ||||||
| 26 | (e) For any applicant, within 24 months after being placed | ||||||
| |||||||
| |||||||
| 1 | in service, it must certify to the Department that it is carbon | ||||||
| 2 | neutral or has attained certification under one of more of the | ||||||
| 3 | following green building standards: | ||||||
| 4 | (1) BREEAM for New Construction or BREEAM In-Use; | ||||||
| 5 | (2) ENERGY STAR; | ||||||
| 6 | (3) Envision; | ||||||
| 7 | (4) ISO 50001 - energy management; | ||||||
| 8 | (5) LEED for Building Design and Construction or LEED | ||||||
| 9 | for Building Operations and Maintenance; | ||||||
| 10 | (6) Green Globes for New Construction or Green Globes | ||||||
| 11 | for Existing Buildings; or | ||||||
| 12 | (7) UL 3223. | ||||||
| 13 | (f) Each applicant must outline its hiring plan and | ||||||
| 14 | commitment to recruit and hire full-time employee positions at | ||||||
| 15 | the project site. The hiring plan may include a partnership | ||||||
| 16 | with an institution of higher education to provide | ||||||
| 17 | internships, including, but not limited to, internships | ||||||
| 18 | supported by the Clean Jobs Workforce Network Program, or | ||||||
| 19 | full-time permanent employment for students at the project | ||||||
| 20 | site. Additionally, the applicant may create or utilize | ||||||
| 21 | participants from apprenticeship programs that are approved by | ||||||
| 22 | and registered with the United States Department of Labor's | ||||||
| 23 | Bureau of Apprenticeship and Training. The applicant may apply | ||||||
| 24 | for apprenticeship education expense credits in accordance | ||||||
| 25 | with the provisions set forth in 14 Ill. Adm. Code 522. Each | ||||||
| 26 | applicant is required to report annually, on or before April | ||||||
| |||||||
| |||||||
| 1 | 15, on the diversity of its workforce in accordance with | ||||||
| 2 | Section 50 of this Act. For existing facilities of applicants | ||||||
| 3 | under paragraph (3) of subsection (b) above, if the taxpayer | ||||||
| 4 | expects a reduction in force due to its transition to | ||||||
| 5 | manufacturing electric vehicle, electric vehicle component | ||||||
| 6 | parts, or electric vehicle power supply equipment, the plan | ||||||
| 7 | submitted under this Section must outline the taxpayer's plan | ||||||
| 8 | to assist with retraining its workforce aligned with the | ||||||
| 9 | taxpayer's adoption of new technologies and anticipated | ||||||
| 10 | efforts to retrain employees through employment opportunities | ||||||
| 11 | within the taxpayer's workforce. | ||||||
| 12 | (g) Each applicant must demonstrate a contractual or other | ||||||
| 13 | relationship with a recycling facility, or demonstrate its own | ||||||
| 14 | recycling capabilities, at the time of application and report | ||||||
| 15 | annually a continuing contractual or other relationship with a | ||||||
| 16 | recycling facility and the percentage of batteries used in | ||||||
| 17 | electric vehicles recycled throughout the term of the | ||||||
| 18 | agreement. | ||||||
| 19 | (h) A taxpayer may not enter into more than one agreement | ||||||
| 20 | under this Act with respect to a single address or location for | ||||||
| 21 | the same period of time. Also, a taxpayer may not enter into an | ||||||
| 22 | agreement under this Act with respect to a single address or | ||||||
| 23 | location for the same period of time for which the taxpayer | ||||||
| 24 | currently holds an active agreement under the Economic | ||||||
| 25 | Development for a Growing Economy Tax Credit Act. This | ||||||
| 26 | provision does not preclude the applicant from entering into | ||||||
| |||||||
| |||||||
| 1 | an additional agreement after the expiration or voluntary | ||||||
| 2 | termination of an earlier agreement under this Act or under | ||||||
| 3 | the Economic Development for a Growing Economy Tax Credit Act | ||||||
| 4 | to the extent that the taxpayer's application otherwise | ||||||
| 5 | satisfies the terms and conditions of this Act and is approved | ||||||
| 6 | by the Department. An applicant with an existing agreement | ||||||
| 7 | under the Economic Development for a Growing Economy Tax | ||||||
| 8 | Credit Act may submit an application for an agreement under | ||||||
| 9 | this Act after it terminates any existing agreement under the | ||||||
| 10 | Economic Development for a Growing Economy Tax Credit Act with | ||||||
| 11 | respect to the same address or location. If a project that is | ||||||
| 12 | subject to an existing agreement under the Economic | ||||||
| 13 | Development for a Growing Economy Tax Credit Act meets the | ||||||
| 14 | requirements to be designated as a REV Illinois project under | ||||||
| 15 | this Act, including for actions undertaken prior to the | ||||||
| 16 | effective date of this Act, the taxpayer that is subject to | ||||||
| 17 | that existing agreement under the Economic Development for a | ||||||
| 18 | Growing Economy Tax Credit Act may apply to the Department to | ||||||
| 19 | amend the agreement to allow the project to become a | ||||||
| 20 | designated REV Illinois project. Following the amendment, time | ||||||
| 21 | accrued during which the project was eligible for credits | ||||||
| 22 | under the existing agreement under the Economic Development | ||||||
| 23 | for a Growing Economy Tax Credit Act shall count toward the | ||||||
| 24 | duration of the credit subject to limitations described in | ||||||
| 25 | Section 40 of this Act. | ||||||
| 26 | (i) If, at any time following the designation of a project | ||||||
| |||||||
| |||||||
| 1 | as a REV Illinois Project by the Department and prior to the | ||||||
| 2 | termination or expiration of an agreement under this Act, the | ||||||
| 3 | project ceases to qualify as a REV Illinois project because | ||||||
| 4 | the taxpayer is no longer an electric vehicle manufacturer, an | ||||||
| 5 | electric vehicle component manufacturer, an electric vehicle | ||||||
| 6 | power supply equipment manufacturer, a battery recycling and | ||||||
| 7 | reuse manufacturer, a battery raw materials refining service | ||||||
| 8 | provider, or an entity engaged in eVTOL or hybrid electric or | ||||||
| 9 | fully electric propulsion systems for airliners research, | ||||||
| 10 | development, or manufacturing, that project may receive tax | ||||||
| 11 | credit awards as described in Section 5-15 and Section 5-51 of | ||||||
| 12 | the Economic Development for a Growing Economy Tax Credit Act, | ||||||
| 13 | as long as the project continues to meet requirements to | ||||||
| 14 | obtain those credits as described in the Economic Development | ||||||
| 15 | for a Growing Economy Tax Credit Act and remains compliant | ||||||
| 16 | with terms contained in the Agreement under this Act not | ||||||
| 17 | related to their status as an electric vehicle manufacturer, | ||||||
| 18 | an electric vehicle component manufacturer, an electric | ||||||
| 19 | vehicle power supply equipment manufacturer, a battery | ||||||
| 20 | recycling and reuse manufacturer, a battery raw materials | ||||||
| 21 | refining service provider, or an entity engaged in eVTOL or | ||||||
| 22 | hybrid-electric or fully electric propulsion systems for | ||||||
| 23 | airliners research, development, or manufacturing. Time | ||||||
| 24 | accrued during which the project was eligible for credits | ||||||
| 25 | under an agreement under this Act shall count toward the | ||||||
| 26 | duration of the credit subject to limitations described in | ||||||
| |||||||
| |||||||
| 1 | Section 5-45 of the Economic Development for a Growing Economy | ||||||
| 2 | Tax Credit Act. | ||||||
| 3 | (Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22; | ||||||
| 4 | 102-1112, eff. 12-21-22; 102-1125, eff. 2-3-23; 103-9, eff. | ||||||
| 5 | 6-7-23; 103-595, eff. 6-26-24; revised 10-24-24.)
| ||||||
| 6 | (20 ILCS 686/65) | ||||||
| 7 | Sec. 65. REV Construction Jobs Credits. | ||||||
| 8 | (a) Each REV program participant that is engaged in | ||||||
| 9 | construction work who seeks to apply for a REV Construction | ||||||
| 10 | Jobs credit shall annually, until construction is completed, | ||||||
| 11 | submit a report that, at a minimum, describes the projected | ||||||
| 12 | project scope, timeline, and anticipated budget. Once the | ||||||
| 13 | project has commenced, the annual report shall include actual | ||||||
| 14 | data for the prior year as well as projections for each | ||||||
| 15 | additional year through completion of the project. The | ||||||
| 16 | Department shall issue detailed reporting guidelines | ||||||
| 17 | prescribing the requirements of construction-related | ||||||
| 18 | construction related reports. | ||||||
| 19 | In order to receive credit for construction expenses, the | ||||||
| 20 | company must provide the Department with evidence that a | ||||||
| 21 | certified third-party executed an Agreed-Upon Procedure (AUP) | ||||||
| 22 | verifying the construction expenses or accept the standard | ||||||
| 23 | construction wage expense estimated by the Department. | ||||||
| 24 | Upon review of the final project scope, timeline, budget, | ||||||
| 25 | and AUP, the Department shall issue a tax credit certificate | ||||||
| |||||||
| |||||||
| 1 | reflecting a percentage of the total construction job wages | ||||||
| 2 | paid throughout the completion of the project. | ||||||
| 3 | (b) (Blank). | ||||||
| 4 | (c) (Blank). | ||||||
| 5 | (d) (Blank). | ||||||
| 6 | (e) Upon 7 business days' notice, the taxpayer shall make | ||||||
| 7 | available to any State agency and to federal, State, or local | ||||||
| 8 | law enforcement agencies and prosecutors for inspection and | ||||||
| 9 | copying at a location within this State during reasonable | ||||||
| 10 | hours, the report described in subsection (a). | ||||||
| 11 | (Source: P.A. 102-669, eff. 11-16-21; 103-595, eff. 6-26-24; | ||||||
| 12 | revised 10-23-24.)
| ||||||
| 13 | (20 ILCS 686/95) | ||||||
| 14 | Sec. 95. Utility tax exemptions for REV Illinois Project | ||||||
| 15 | sites. The Department may certify a taxpayer with a REV | ||||||
| 16 | Illinois credit for a Project that meets the qualifications | ||||||
| 17 | under paragraph Section paragraphs (1), (2), (4), (4.1), or | ||||||
| 18 | (5) of subsection (c) of Section 20, subject to an agreement | ||||||
| 19 | under this Act for an exemption from the tax imposed at the | ||||||
| 20 | project site by Section 2-4 of the Electricity Excise Tax Law. | ||||||
| 21 | To receive such certification, the taxpayer must be registered | ||||||
| 22 | to self-assess that tax. The taxpayer is also exempt from any | ||||||
| 23 | additional charges added to the taxpayer's utility bills at | ||||||
| 24 | the project site as a pass-on of State utility taxes under | ||||||
| 25 | Section 9-222 of the Public Utilities Act. The taxpayer must | ||||||
| |||||||
| |||||||
| 1 | meet any other criteria for certification set by the | ||||||
| 2 | Department. | ||||||
| 3 | The Department shall determine the period during which the | ||||||
| 4 | exemption from the Electricity Excise Tax Law and the charges | ||||||
| 5 | imposed under Section 9-222 of the Public Utilities Act are in | ||||||
| 6 | effect, which shall not exceed 30 years from the date of the | ||||||
| 7 | taxpayer's initial receipt of certification from the | ||||||
| 8 | Department under this Section. | ||||||
| 9 | The Department is authorized to adopt rules to carry out | ||||||
| 10 | the provisions of this Section, including procedures to apply | ||||||
| 11 | for the exemptions; to define the amounts and types of | ||||||
| 12 | eligible investments that an applicant must make in order to | ||||||
| 13 | receive electricity excise tax exemptions or exemptions from | ||||||
| 14 | the additional charges imposed under Section 9-222 and the | ||||||
| 15 | Public Utilities Act; to approve such electricity excise tax | ||||||
| 16 | exemptions for applicants whose investments are not yet placed | ||||||
| 17 | in service; and to require that an applicant granted an | ||||||
| 18 | electricity excise tax exemption or an exemption from | ||||||
| 19 | additional charges under Section 9-222 of the Public Utilities | ||||||
| 20 | Act repay the exempted amount if the applicant Applicant fails | ||||||
| 21 | to comply with the terms and conditions of the agreement. | ||||||
| 22 | Upon certification by the Department under this Section, | ||||||
| 23 | the Department shall notify the Department of Revenue of the | ||||||
| 24 | certification. The Department of Revenue shall notify the | ||||||
| 25 | public utilities of the exempt status of any taxpayer | ||||||
| 26 | certified for exemption under this Act from the electricity | ||||||
| |||||||
| |||||||
| 1 | excise tax or pass-on charges. The exemption status shall take | ||||||
| 2 | effect within 3 months after certification of the taxpayer and | ||||||
| 3 | notice to the Department of Revenue by the Department. | ||||||
| 4 | (Source: P.A. 102-669, eff. 11-16-21; 103-595, eff. 6-26-24; | ||||||
| 5 | revised 10-23-24.)
| ||||||
| 6 | Section 120. The Department of Human Services Act is | ||||||
| 7 | amended by changing Section 1-75 as follows:
| ||||||
| 8 | (20 ILCS 1305/1-75) | ||||||
| 9 | (Section scheduled to be repealed on July 1, 2026) | ||||||
| 10 | Sec. 1-75. Off-Hours Child Care Program. | ||||||
| 11 | (a) Legislative intent. The General Assembly finds that: | ||||||
| 12 | (1) Finding child care can be a challenge for | ||||||
| 13 | firefighters, paramedics, police officers, nurses, and | ||||||
| 14 | other third shift workers across the State who often work | ||||||
| 15 | non-typical work hours. This can impact home life, school, | ||||||
| 16 | bedtime routines, job safety, and the mental health of | ||||||
| 17 | some of our most critical frontline front line workers and | ||||||
| 18 | their families. | ||||||
| 19 | (2) There is a need for increased options for | ||||||
| 20 | off-hours child care in the State. A majority of the | ||||||
| 21 | State's child care facilities do not provide care outside | ||||||
| 22 | of normal work hours, with just 3,251 day care homes and | ||||||
| 23 | 435 group day care homes that provide night care. | ||||||
| 24 | (3) Illinois has a vested interest in ensuring that | ||||||
| |||||||
| |||||||
| 1 | our first responders and working families can provide | ||||||
| 2 | their children with appropriate care during off hours to | ||||||
| 3 | improve the morale of existing first responders and to | ||||||
| 4 | improve recruitment into the future. | ||||||
| 5 | (b) As used in this Section, "first responders" means | ||||||
| 6 | emergency medical services personnel as defined in the | ||||||
| 7 | Emergency Medical Services (EMS) Systems Act, firefighters, | ||||||
| 8 | law enforcement officers, and, as determined by the | ||||||
| 9 | Department, any other workers who, on account of their work | ||||||
| 10 | schedule, need child care outside of the hours when licensed | ||||||
| 11 | child care facilities typically operate. | ||||||
| 12 | (c) Subject to appropriation, the Department of Human | ||||||
| 13 | Services shall establish and administer an Off-Hours Child | ||||||
| 14 | Care Program to help first responders and other workers | ||||||
| 15 | identify and access off-hours, night, or sleep time child | ||||||
| 16 | care. Services funded under the program must address the child | ||||||
| 17 | care needs of first responders. Funding provided under the | ||||||
| 18 | program may also be used to cover any capital and operating | ||||||
| 19 | expenses related to the provision of off-hours, night, or | ||||||
| 20 | sleep time child care for first responders. Funding awarded | ||||||
| 21 | under this Section shall be funded through appropriations from | ||||||
| 22 | the Off-Hours Child Care Program Fund created under subsection | ||||||
| 23 | (d). The Department shall implement the program by July 1, | ||||||
| 24 | 2023. The Department may adopt any rules necessary to | ||||||
| 25 | implement the program. | ||||||
| 26 | (d) The Off-Hours Child Care Program Fund is created as a | ||||||
| |||||||
| |||||||
| 1 | special fund in the State treasury. The Fund shall consist of | ||||||
| 2 | any moneys appropriated to the Department of Human Services | ||||||
| 3 | for the Off-Hours Child Care Program. Moneys in the Fund shall | ||||||
| 4 | be expended for the Off-Hours Child Care Program and for no | ||||||
| 5 | other purpose. All interest earned on moneys in the Fund shall | ||||||
| 6 | be deposited into the Fund. | ||||||
| 7 | (e) This Section is repealed on July 1, 2026. | ||||||
| 8 | (Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23; | ||||||
| 9 | 103-594, eff. 6-25-24; revised 10-16-24.)
| ||||||
| 10 | Section 125. The Department of Insurance Law of the Civil | ||||||
| 11 | Administrative Code of Illinois is amended by changing Section | ||||||
| 12 | 1405-40 as follows:
| ||||||
| 13 | (20 ILCS 1405/1405-40) | ||||||
| 14 | Sec. 1405-40. Transfer of functions. | ||||||
| 15 | (a) On July 1, 2021 (the effective date of Public Act | ||||||
| 16 | 102-37), all powers, duties, rights, and responsibilities of | ||||||
| 17 | the Insurance Compliance Division within the Illinois Workers' | ||||||
| 18 | Compensation Commission are transferred to the Department of | ||||||
| 19 | Insurance. The personnel of the Insurance Compliance Division | ||||||
| 20 | are transferred to the Department of Insurance. The status and | ||||||
| 21 | rights of such personnel under the Personnel Code are not | ||||||
| 22 | affected by the transfer. The rights of the employees and the | ||||||
| 23 | State of Illinois and its agencies under the Personnel Code | ||||||
| 24 | and applicable collective bargaining agreements or under any | ||||||
| |||||||
| |||||||
| 1 | pension, retirement, or annuity plan are not affected by | ||||||
| 2 | Public Act 102-37. All books, records, papers, documents, | ||||||
| 3 | property (real and personal), contracts, causes of action, and | ||||||
| 4 | pending business pertaining to the powers, duties, rights, and | ||||||
| 5 | responsibilities transferred by Public Act 102-37 from the | ||||||
| 6 | Insurance Compliance Division to the Department of Insurance, | ||||||
| 7 | including, but not limited to, material in electronic or | ||||||
| 8 | magnetic format and necessary computer hardware and software, | ||||||
| 9 | are transferred to the Department of Insurance. The powers, | ||||||
| 10 | duties, rights, and responsibilities relating to the Insurance | ||||||
| 11 | Compliance Division transferred by Public Act 102-37 are | ||||||
| 12 | vested in the Department of Insurance. | ||||||
| 13 | (b) Whenever reports or notices are required to be made or | ||||||
| 14 | given or papers or documents furnished or served by any person | ||||||
| 15 | to or upon the Insurance Compliance Division in connection | ||||||
| 16 | with any of the powers, duties, rights, and responsibilities | ||||||
| 17 | transferred by Public Act 102-37, the Department of Insurance | ||||||
| 18 | shall make, give, furnish, or serve them. | ||||||
| 19 | (c) Public Act 102-37 does not affect any act done, | ||||||
| 20 | ratified, or canceled, any right occurring or established, or | ||||||
| 21 | any action or proceeding had or commenced in an | ||||||
| 22 | administrative, civil, or criminal cause by the Insurance | ||||||
| 23 | Compliance Division before July 1, 2021 (the effective date of | ||||||
| 24 | Public Act 102-37). Such actions or proceedings may be | ||||||
| 25 | prosecuted and continued by the Department of Insurance. | ||||||
| 26 | (d) Any rules that relate to its powers, duties, rights, | ||||||
| |||||||
| |||||||
| 1 | and responsibilities of the Insurance Compliance Division and | ||||||
| 2 | are in force on July 1, 2021 (the effective date of Public Act | ||||||
| 3 | 102-37) become the rules of the Department of Insurance. | ||||||
| 4 | Public Act 102-37 does not affect the legality of any such | ||||||
| 5 | rules. | ||||||
| 6 | (e) Any proposed rules filed with the Secretary of State | ||||||
| 7 | by the Illinois Workers' Compensation Commission that are | ||||||
| 8 | pending in the rulemaking process on July 1, 2021 (the | ||||||
| 9 | effective date of Public Act 102-37) and pertain to the | ||||||
| 10 | transferred powers, duties, rights, and responsibilities are | ||||||
| 11 | deemed to have been filed by the Department of Insurance. As | ||||||
| 12 | soon as practicable, the Department of Insurance shall revise | ||||||
| 13 | and clarify the rules transferred to it under Public Act | ||||||
| 14 | 102-37 t to reflect the reorganization of powers, duties, | ||||||
| 15 | rights, and responsibilities affected by Public Act 102-37, | ||||||
| 16 | using the procedures for recodification of rules available | ||||||
| 17 | under the Illinois Administrative Procedure Act, except that | ||||||
| 18 | existing title, part, and section numbering for the affected | ||||||
| 19 | rules may be retained. The Department of Insurance may propose | ||||||
| 20 | and adopt under the Illinois Administrative Procedure Act | ||||||
| 21 | other rules of the Illinois Workers' Compensation Commission | ||||||
| 22 | pertaining to Public Act 102-37 that are administered by the | ||||||
| 23 | Department of Insurance. | ||||||
| 24 | (Source: P.A. 102-37, eff. 7-1-21; 102-813, eff. 5-13-22; | ||||||
| 25 | revised 7-29-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 130. The Department of Professional Regulation Law | ||||||
| 2 | of the Civil Administrative Code of Illinois is amended by | ||||||
| 3 | changing Sections 2105-370 and 2105-375 as follows:
| ||||||
| 4 | (20 ILCS 2105/2105-370) | ||||||
| 5 | Sec. 2105-370. Continuing education; cultural competency. | ||||||
| 6 | (a) As used in this Section: | ||||||
| 7 | "Cultural competency" means a set of integrated attitudes, | ||||||
| 8 | knowledge, and skills that enables a health care professional | ||||||
| 9 | or organization to care effectively for patients from diverse | ||||||
| 10 | cultures, groups, and communities. | ||||||
| 11 | "Health care professional" means a person licensed or | ||||||
| 12 | registered by the Department under the following Acts: the | ||||||
| 13 | Medical Practice Act of 1987, the Nurse Practice Act, the | ||||||
| 14 | Clinical Psychologist Licensing Act, the Illinois Optometric | ||||||
| 15 | Practice Act of 1987, the Illinois Physical Therapy Act, the | ||||||
| 16 | Pharmacy Practice Act, the Physician Assistant Practice Act of | ||||||
| 17 | 1987, the Clinical Social Work and Social Work Practice Act, | ||||||
| 18 | the Nursing Home Administrators Licensing and Disciplinary | ||||||
| 19 | Act, the Illinois Occupational Therapy Practice Act, the | ||||||
| 20 | Podiatric Medical Practice Act of 1987, the Respiratory Care | ||||||
| 21 | Practice Act, the Professional Counselor and Clinical | ||||||
| 22 | Professional Counselor Licensing and Practice Act, the | ||||||
| 23 | Illinois Speech-Language Pathology and Audiology Practice Act, | ||||||
| 24 | the Illinois Dental Practice Act, the Illinois Dental Practice | ||||||
| 25 | Act, or the Behavior Analyst Licensing Act. | ||||||
| |||||||
| |||||||
| 1 | (b) For health care professional license or registration | ||||||
| 2 | renewals occurring on or after January 1, 2025, a health care | ||||||
| 3 | professional who has continuing education requirements must | ||||||
| 4 | complete at least a one-hour course in training on cultural | ||||||
| 5 | competency. A health care professional may count this one hour | ||||||
| 6 | for completion of this course toward meeting the minimum | ||||||
| 7 | credit hours required for continuing education. | ||||||
| 8 | (c) The Department may adopt rules for the implementation | ||||||
| 9 | of this Section. | ||||||
| 10 | (Source: P.A. 103-531, eff. 1-1-25; 103-605, eff. 7-1-24; | ||||||
| 11 | revised 12-1-24.)
| ||||||
| 12 | (20 ILCS 2105/2105-375) | ||||||
| 13 | Sec. 2105-375. Limitation on specific statutorily mandated | ||||||
| 14 | training requirements. | ||||||
| 15 | (a) As used in this Section: | ||||||
| 16 | "Health care professional" means a person licensed or | ||||||
| 17 | registered by the Department under the following Acts: the | ||||||
| 18 | Medical Practice Act of 1987, the Nurse Practice Act, the | ||||||
| 19 | Clinical Psychologist Licensing Act, the Illinois Optometric | ||||||
| 20 | Practice Act of 1987, the Illinois Physical Therapy Act, the | ||||||
| 21 | Pharmacy Practice Act, the Physician Assistant Practice Act of | ||||||
| 22 | 1987, the Clinical Social Work and Social Work Practice Act, | ||||||
| 23 | the Nursing Home Administrators Licensing and Disciplinary | ||||||
| 24 | Act, the Illinois Occupational Therapy Practice Act, the | ||||||
| 25 | Podiatric Medical Practice Act of 1987, the Respiratory Care | ||||||
| |||||||
| |||||||
| 1 | Practice Act, the Professional Counselor and Clinical | ||||||
| 2 | Professional Counselor Licensing and Practice Act, the | ||||||
| 3 | Illinois Speech-Language Pathology and Audiology Practice Act, | ||||||
| 4 | the Illinois Dental Practice Act, the Illinois Dental Practice | ||||||
| 5 | Act, or the Behavior Analyst Licensing Act. | ||||||
| 6 | "Statutorily mandated topics" means continuing education | ||||||
| 7 | training as specified by statute, including, but not limited | ||||||
| 8 | to, training required under Sections 2105-365 and 2105-370. | ||||||
| 9 | (b) Notwithstanding any other provision of law, for health | ||||||
| 10 | care professional license or registration renewals occurring | ||||||
| 11 | on or after January 1, 2025, a health care professional whose | ||||||
| 12 | license or registration renewal occurs every 2 years must | ||||||
| 13 | complete all statutorily mandated topics within 3 renewal | ||||||
| 14 | periods. If any additional statutorily mandated topics are | ||||||
| 15 | added by law after January 1, 2025 (the effective date of | ||||||
| 16 | Public Act 103-531) this amendatory Act of the 103rd General | ||||||
| 17 | Assembly, then a health care professional whose license or | ||||||
| 18 | registration renewal occurs every 2 years must complete all | ||||||
| 19 | statutorily mandated topics within 4 renewal periods. | ||||||
| 20 | (c) Notwithstanding any other provision of law, for health | ||||||
| 21 | care professional license or registration renewals occurring | ||||||
| 22 | on or after January 1, 2025, a health care professional whose | ||||||
| 23 | license or registration renewal occurs every 3 years must | ||||||
| 24 | complete all statutorily mandated topics within 2 renewal | ||||||
| 25 | periods. If any additional statutorily mandated topics are | ||||||
| 26 | added by law after January 1, 2025 (the effective date of | ||||||
| |||||||
| |||||||
| 1 | Public Act 103-531) this amendatory Act of the 103rd General | ||||||
| 2 | Assembly, then a health care professional whose license or | ||||||
| 3 | registration renewal occurs every 3 years must complete all | ||||||
| 4 | statutorily mandated topics within 3 renewal periods. | ||||||
| 5 | (d) Notwithstanding any other provision of this Section to | ||||||
| 6 | the contrary, the implicit bias awareness training required | ||||||
| 7 | under Section 2105-15.7 and the sexual harassment prevention | ||||||
| 8 | training required under Section 2105-15.5 must be completed as | ||||||
| 9 | provided by law. | ||||||
| 10 | (d-5) Notwithstanding any other provision of this Section | ||||||
| 11 | to the contrary, the Alzheimer's disease and other dementias | ||||||
| 12 | training required under Section 2105-365 must be completed | ||||||
| 13 | prior to the end of the health care professional's first | ||||||
| 14 | license renewal period, and thereafter in accordance with this | ||||||
| 15 | Section. | ||||||
| 16 | (e) The Department shall maintain on its website | ||||||
| 17 | information regarding the current requirements for the | ||||||
| 18 | specific statutorily mandated topics. | ||||||
| 19 | (f) Each license or permit application or renewal form the | ||||||
| 20 | Department provides to a health care professional must include | ||||||
| 21 | a notification regarding the current specific statutorily | ||||||
| 22 | mandated topics. | ||||||
| 23 | (Source: P.A. 103-531, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 24 | Section 135. The Department of Public Health Powers and | ||||||
| 25 | Duties Law of the Civil Administrative Code of Illinois is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Section 2310-347 and by setting forth, | ||||||
| 2 | renumbering, and changing multiple versions of Section | ||||||
| 3 | 2310-730 as follows:
| ||||||
| 4 | (20 ILCS 2310/2310-347) | ||||||
| 5 | Sec. 2310-347. The Carolyn Adams Ticket For The Cure | ||||||
| 6 | Board. | ||||||
| 7 | (a) The Carolyn Adams Ticket For The Cure Board is created | ||||||
| 8 | as an advisory board within the Department. Until 30 days | ||||||
| 9 | after July 11, 2011 (the effective date of Public Act 97-92) | ||||||
| 10 | this amendatory Act of the 97th General Assembly, the Board | ||||||
| 11 | may consist of 10 members as follows: 2 members appointed by | ||||||
| 12 | the President of the Senate; 2 members appointed by the | ||||||
| 13 | Minority Leader of the Senate; 2 members appointed by the | ||||||
| 14 | Speaker of the House of Representatives; 2 members appointed | ||||||
| 15 | by the Minority Leader of the House of Representatives; and 2 | ||||||
| 16 | members appointed by the Governor with the advice and consent | ||||||
| 17 | of the Senate, one of whom shall be designated as chair of the | ||||||
| 18 | Board at the time of appointment. | ||||||
| 19 | (a-5) Notwithstanding any provision of this Article to the | ||||||
| 20 | contrary, the term of office of each current Board member ends | ||||||
| 21 | 30 days after July 11, 2011 (the effective date of Public Act | ||||||
| 22 | 97-92) this amendatory Act of the 97th General Assembly or | ||||||
| 23 | when his or her successor is appointed and qualified, | ||||||
| 24 | whichever occurs sooner. No later than 30 days after July 11, | ||||||
| 25 | 2011 (the effective date of Public Act 97-92) this amendatory | ||||||
| |||||||
| |||||||
| 1 | Act of the 97th General Assembly, the Board shall consist of 10 | ||||||
| 2 | newly appointed members. Four of the Board members shall be | ||||||
| 3 | members of the General Assembly and appointed as follows: one | ||||||
| 4 | member appointed by the President of the Senate; one member | ||||||
| 5 | appointed by the Minority Leader of the Senate; one member | ||||||
| 6 | appointed by the Speaker of the House of Representatives; and | ||||||
| 7 | one member appointed by the Minority Leader of the House of | ||||||
| 8 | Representatives. | ||||||
| 9 | Six of the Board members shall be appointed by the | ||||||
| 10 | Director of the Department of Public Health, who shall | ||||||
| 11 | designate one of these appointed members as chair of the Board | ||||||
| 12 | at the time of his or her appointment. These 6 members | ||||||
| 13 | appointed by the Director shall reflect the population with | ||||||
| 14 | regard to ethnic, racial, and geographical composition and | ||||||
| 15 | shall include the following individuals: one breast cancer | ||||||
| 16 | survivor; one physician specializing in breast cancer or | ||||||
| 17 | related medical issues; one breast cancer researcher; one | ||||||
| 18 | representative from a breast cancer organization; one | ||||||
| 19 | individual who operates a patient navigation program at a | ||||||
| 20 | major hospital or health system; and one breast cancer | ||||||
| 21 | professional that may include, but not be limited to, a | ||||||
| 22 | genetics counselor, a social worker, a dietitian detain, an | ||||||
| 23 | occupational therapist, or a nurse. | ||||||
| 24 | A Board member whose term has expired may continue to | ||||||
| 25 | serve until a successor is appointed. | ||||||
| 26 | (b) Board members shall serve without compensation but may | ||||||
| |||||||
| |||||||
| 1 | be reimbursed for their reasonable travel expenses incurred in | ||||||
| 2 | performing their duties from funds available for that purpose. | ||||||
| 3 | The Department shall provide staff and administrative support | ||||||
| 4 | services to the Board. | ||||||
| 5 | (c) The Board may advise: | ||||||
| 6 | (i) the Department of Revenue in designing and | ||||||
| 7 | promoting the Carolyn Adams Ticket For The Cure special | ||||||
| 8 | instant scratch-off lottery game; | ||||||
| 9 | (ii) the Department in reviewing grant applications; | ||||||
| 10 | and | ||||||
| 11 | (iii) the Director on the final award of grants from | ||||||
| 12 | amounts appropriated from the Carolyn Adams Ticket For The | ||||||
| 13 | Cure Grant Fund, to public or private entities in Illinois | ||||||
| 14 | that reflect the population with regard to ethnic, racial, | ||||||
| 15 | and geographic composition for the purpose of funding | ||||||
| 16 | breast cancer research and supportive services for breast | ||||||
| 17 | cancer survivors and those impacted by breast cancer and | ||||||
| 18 | breast cancer education. In awarding grants, the | ||||||
| 19 | Department shall consider criteria that includes, but is | ||||||
| 20 | not limited to, projects and initiatives that address | ||||||
| 21 | disparities in incidence and mortality rates of breast | ||||||
| 22 | cancer, based on data from the Illinois Cancer Registry, | ||||||
| 23 | and populations facing barriers to care in accordance with | ||||||
| 24 | Section 21.5 of the Illinois Lottery Law. | ||||||
| 25 | (c-5) The Department shall submit a report to the Governor | ||||||
| 26 | and the General Assembly by December 31 of each year. The | ||||||
| |||||||
| |||||||
| 1 | report shall provide a summary of the Carolyn Adams Ticket for | ||||||
| 2 | the Cure lottery ticket sales, grants awarded, and the | ||||||
| 3 | accomplishments of the grantees. | ||||||
| 4 | (d) The Board is discontinued on June 30, 2027. | ||||||
| 5 | (Source: P.A. 102-1129, eff. 2-10-23; revised 10-24-24.)
| ||||||
| 6 | (20 ILCS 2310/2310-730) | ||||||
| 7 | Sec. 2310-730. Health care telementoring. | ||||||
| 8 | (a) Subject to appropriation, the Department shall | ||||||
| 9 | designate one or more health care telementoring entities based | ||||||
| 10 | on an application to be developed by the Department. | ||||||
| 11 | Applicants shall demonstrate a record of expertise and | ||||||
| 12 | demonstrated success in providing health care telementoring | ||||||
| 13 | services. The Department may adopt rules necessary for the | ||||||
| 14 | implementation of this Section. Funding may be provided based | ||||||
| 15 | on the number of health care providers or professionals who | ||||||
| 16 | are assisted by each approved health care telementoring entity | ||||||
| 17 | and the hours of assistance provided to each health care | ||||||
| 18 | provider or professional in addition to other factors as | ||||||
| 19 | determined by the Director. | ||||||
| 20 | (b) In this Section: | ||||||
| 21 | "Health care providers or professionals" means individuals | ||||||
| 22 | trained to provide health care or related services. "Health | ||||||
| 23 | care providers or professionals" includes, but is not limited | ||||||
| 24 | to, physicians, nurses, physician assistants, speech language | ||||||
| 25 | pathologists, social workers, and school personnel involved in | ||||||
| |||||||
| |||||||
| 1 | screening for targeted conditions and providing support to | ||||||
| 2 | students impacted by those conditions. | ||||||
| 3 | "Health care telementoring" means a program: | ||||||
| 4 | (1) that is based on interactive video or phone | ||||||
| 5 | technology that connects groups of local health care | ||||||
| 6 | providers or professionals in urban and rural underserved | ||||||
| 7 | areas with specialists in regular real-time collaborative | ||||||
| 8 | sessions; | ||||||
| 9 | (2) that is designed around case-based learning and | ||||||
| 10 | mentorship; and | ||||||
| 11 | (3) that helps local health care providers or | ||||||
| 12 | professionals gain the expertise required to more | ||||||
| 13 | effectively provide needed services. | ||||||
| 14 | "Health care telementoring" includes, but is not limited | ||||||
| 15 | to, a program provided to improve services in one or more of a | ||||||
| 16 | variety of areas, including, but not limited to, chronic | ||||||
| 17 | disease, communicable disease, atypical vision or hearing, | ||||||
| 18 | adolescent health, Hepatitis C, complex diabetes, geriatrics, | ||||||
| 19 | mental illness, opioid use disorders, substance use disorders, | ||||||
| 20 | maternity care, childhood adversity and trauma, pediatric | ||||||
| 21 | ADHD, congregate settings, including justice-involved justice | ||||||
| 22 | involved systems, and other priorities identified by the | ||||||
| 23 | Department. | ||||||
| 24 | (Source: P.A. 103-588, eff. 6-5-24; revised 9-27-24.)
| ||||||
| 25 | (20 ILCS 2310/2310-731) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2310-731 2310-730. Diversity in clinical trials. | ||||||
| 2 | (a) As used in this Section, "underrepresented community" | ||||||
| 3 | or "underrepresented demographic group" means a community or | ||||||
| 4 | demographic group that is more likely to be historically | ||||||
| 5 | marginalized and less likely to be included in research and | ||||||
| 6 | clinical trials represented by race, ethnicity, sex, sexual | ||||||
| 7 | orientation, socioeconomic status, age, and geographic | ||||||
| 8 | location. | ||||||
| 9 | (b) Any State entity or hospital that receives funding | ||||||
| 10 | from the National Institutes of Health for the purpose of | ||||||
| 11 | conducting clinical trials of drugs or medical devices is | ||||||
| 12 | required to: | ||||||
| 13 | (1) adopt a policy that will result in the | ||||||
| 14 | identification and recruitment of persons who are members | ||||||
| 15 | of underrepresented demographic groups to participate in | ||||||
| 16 | the clinical trials and that: | ||||||
| 17 | (A) includes specific strategies for trial | ||||||
| 18 | enrollment and retention of diverse participants, | ||||||
| 19 | including, but not limited to, site location and | ||||||
| 20 | access, sustained community engagement, and reducing | ||||||
| 21 | burdens due to trial design or conduct, as | ||||||
| 22 | appropriate; and | ||||||
| 23 | (B) uses strategies recommended by the United | ||||||
| 24 | States Food and Drug Administration to identify and | ||||||
| 25 | recruit those persons to participate in the clinical | ||||||
| 26 | trials; | ||||||
| |||||||
| |||||||
| 1 | (2) provide information to trial participants in | ||||||
| 2 | languages other than English in accordance with current | ||||||
| 3 | federal requirements; | ||||||
| 4 | (3) provide translation services or bilingual staff | ||||||
| 5 | for trial recruitment and consent processes; | ||||||
| 6 | (4) provide culturally specific recruitment materials | ||||||
| 7 | alongside general enrollment materials; and | ||||||
| 8 | (5) provide remote consent options when not prohibited | ||||||
| 9 | by the granting entity or federal regulations. | ||||||
| 10 | (c) The Department, through voluntary reporting from | ||||||
| 11 | research institutions and in consultation with community-based | ||||||
| 12 | organizations and other stakeholders as appropriate and | ||||||
| 13 | available, shall analyze and provide recommendations on the | ||||||
| 14 | following: | ||||||
| 15 | (1) the demographic groups and populations that are | ||||||
| 16 | currently represented and underrepresented in clinical | ||||||
| 17 | trials in Illinois, including representation of groups | ||||||
| 18 | based on their geographic location; | ||||||
| 19 | (2) the barriers that prevent persons who are members | ||||||
| 20 | of underrepresented demographic groups from participating | ||||||
| 21 | in clinical trials in Illinois, including barriers related | ||||||
| 22 | to transportation; and | ||||||
| 23 | (3) approaches for how clinical trials can | ||||||
| 24 | successfully partner with community-based organizations | ||||||
| 25 | and others to provide outreach to underrepresented | ||||||
| 26 | communities. | ||||||
| |||||||
| |||||||
| 1 | By July 1, 2026, the Department shall issue a report and | ||||||
| 2 | post on its website the results of the analysis required under | ||||||
| 3 | this subsection and any recommendations to increase diversity | ||||||
| 4 | and reduce barriers for participants in clinical trials. | ||||||
| 5 | (d) The Department shall review the most recent guidance | ||||||
| 6 | on race and ethnicity data collection in clinical trials | ||||||
| 7 | published by the United States Food and Drug Administration | ||||||
| 8 | and establish, using existing infrastructure and tools an | ||||||
| 9 | Internet website that: | ||||||
| 10 | (1) provides information concerning methods recognized | ||||||
| 11 | by the United States Food and Drug Administration for | ||||||
| 12 | identifying and recruiting persons who are members of | ||||||
| 13 | underrepresented demographic groups to participate in | ||||||
| 14 | clinical trials; and | ||||||
| 15 | (2) contains links to Internet websites maintained by | ||||||
| 16 | medical facilities, health authorities and other local | ||||||
| 17 | governmental entities, nonprofit organizations, and | ||||||
| 18 | scientific investigators and institutions that are | ||||||
| 19 | performing research relating to drugs or medical devices | ||||||
| 20 | in this State. | ||||||
| 21 | The Department may apply for grants from any source, | ||||||
| 22 | including, without limitation, the Federal Government, to fund | ||||||
| 23 | the requirements of this Section. | ||||||
| 24 | (Source: P.A. 103-860, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 25 | (20 ILCS 2310/2310-732) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2310-732 2310-730. Duchenne Muscular Dystrophy | ||||||
| 2 | Awareness Program. | ||||||
| 3 | (a) Subject to appropriation, the Department of Public | ||||||
| 4 | Health, in conjunction with experts in the field of Duchenne | ||||||
| 5 | muscular dystrophy, shall develop mandatory protocols and best | ||||||
| 6 | practices for providing the necessary medical guidance for | ||||||
| 7 | Duchenne muscular dystrophy in Illinois. | ||||||
| 8 | (b) To raise awareness about Duchenne muscular dystrophy, | ||||||
| 9 | the protocols and best practices developed by the Department | ||||||
| 10 | under subsection (a): | ||||||
| 11 | (1) shall be published on a designated and publicly | ||||||
| 12 | accessible webpage; | ||||||
| 13 | (2) shall include up-to-date information about | ||||||
| 14 | Duchenne muscular dystrophy; | ||||||
| 15 | (3) shall reference peer-reviewed scientific research | ||||||
| 16 | articles; | ||||||
| 17 | (4) shall incorporate guidance and recommendations | ||||||
| 18 | from the National Institutes of Health, and any other | ||||||
| 19 | persons or entities determined by the Department to have | ||||||
| 20 | particular expertise in Duchenne muscular dystrophy; and | ||||||
| 21 | (5) shall be distributed to physicians, other health | ||||||
| 22 | care professionals and providers, and persons subject to | ||||||
| 23 | Duchenne muscular dystrophy. | ||||||
| 24 | (c) The Department shall prepare a report of all efforts | ||||||
| 25 | undertaken by the Department under this Section. The report | ||||||
| 26 | shall be posted on the Department's website and distributed to | ||||||
| |||||||
| |||||||
| 1 | local health departments and to any other facilities as | ||||||
| 2 | determined by the Department. | ||||||
| 3 | (Source: P.A. 103-964, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 4 | Section 140. The Bureau for the Blind Act is amended by | ||||||
| 5 | changing Section 7 as follows:
| ||||||
| 6 | (20 ILCS 2410/7) (from Ch. 23, par. 3417) | ||||||
| 7 | Sec. 7. Council. There shall be created within the | ||||||
| 8 | Department a Blind Services Planning Council which shall | ||||||
| 9 | review the actions of the Bureau for the Blind and provide | ||||||
| 10 | advice and consultation to the Secretary on services to blind | ||||||
| 11 | people. The Council shall be composed of 11 members appointed | ||||||
| 12 | by the Governor. All members shall be selected because of | ||||||
| 13 | their ability to provide worthwhile consultation or services | ||||||
| 14 | to the blind. No fewer than 6 members shall be blind. A | ||||||
| 15 | relative balance between the number of males and females shall | ||||||
| 16 | be maintained. Broad representation shall be sought by | ||||||
| 17 | appointment, with 2 members from each of the major statewide | ||||||
| 18 | consumer organizations of the blind and one member from a | ||||||
| 19 | specific service area including, but not limited to, the | ||||||
| 20 | Hadley School for the Blind, Chicago Lighthouse, | ||||||
| 21 | Department-approved Low Vision Aids Aides Clinics, Vending | ||||||
| 22 | Facilities Operators, the Association for the Education and | ||||||
| 23 | Rehabilitation of the Blind and Visually Impaired (AER), blind | ||||||
| 24 | homemakers, outstanding competitive employers of blind people, | ||||||
| |||||||
| |||||||
| 1 | providers and recipients of income maintenance programs, | ||||||
| 2 | in-home care programs, subsidized housing, nursing homes, and | ||||||
| 3 | homes for the blind. | ||||||
| 4 | Initially, 4 members shall be appointed for terms of one | ||||||
| 5 | year, 4 for terms of 2 years, and 3 for terms of 3 years with a | ||||||
| 6 | partial term of 18 months or more counting as a full term. | ||||||
| 7 | Subsequent terms shall be 3 years each. No member shall serve | ||||||
| 8 | more than 2 terms. No Department employee shall be a member of | ||||||
| 9 | the Council. | ||||||
| 10 | Members shall be removed for cause, including, but not | ||||||
| 11 | limited to, demonstrated incompetence, unethical behavior, and | ||||||
| 12 | unwillingness or inability to serve. | ||||||
| 13 | Members shall serve without pay but shall be reimbursed | ||||||
| 14 | for actual expenses incurred in the performance of their | ||||||
| 15 | duties. | ||||||
| 16 | Members shall be governed by appropriate and applicable | ||||||
| 17 | State and federal statutes and regulations on matters such as | ||||||
| 18 | ethics, confidentiality, freedom of information, travel, and | ||||||
| 19 | civil rights. | ||||||
| 20 | Department staff may attend meetings but shall not be a | ||||||
| 21 | voting member of the Council. The Council shall elect a | ||||||
| 22 | chairperson and a recording secretary from among its number. | ||||||
| 23 | Sub-committees and ad hoc committees may be created to | ||||||
| 24 | concentrate on specific program components or initiative | ||||||
| 25 | areas. | ||||||
| 26 | The Council shall perform the following functions: | ||||||
| |||||||
| |||||||
| 1 | (a) Facilitate facilitate communication and | ||||||
| 2 | cooperative efforts between the Department and all | ||||||
| 3 | agencies which have any responsibility to deliver services | ||||||
| 4 | to blind and visually impaired persons. | ||||||
| 5 | (b) Identify identify needs and problems related to | ||||||
| 6 | blind and visually impaired persons, including children, | ||||||
| 7 | adults, and seniors, and make recommendations to the | ||||||
| 8 | Secretary, Bureau Director, and Governor. | ||||||
| 9 | (c) Recommend recommend programmatic and fiscal | ||||||
| 10 | priorities governing the provision of services and | ||||||
| 11 | awarding of grants or contracts by the Department to any | ||||||
| 12 | person or agency, public or private. | ||||||
| 13 | (d) Conduct conduct, encourage, and advise independent | ||||||
| 14 | research by qualified evaluators to improve services to | ||||||
| 15 | blind and visually impaired persons, including those with | ||||||
| 16 | multiple disabilities. | ||||||
| 17 | (e) Participate participate in the development and | ||||||
| 18 | review of proposed and amended rules and regulations of | ||||||
| 19 | the Department relating to services for the blind and | ||||||
| 20 | visually impaired. | ||||||
| 21 | (f) Review review and comment on all budgets (drafted | ||||||
| 22 | and submitted) relating to services for blind and visually | ||||||
| 23 | impaired persons. | ||||||
| 24 | (g) Promote promote policies and programs to educate | ||||||
| 25 | the public and elicit public support for services to blind | ||||||
| 26 | and visually impaired persons. | ||||||
| |||||||
| |||||||
| 1 | (h) Encourage encourage creative and innovative | ||||||
| 2 | programs to strengthen, expand, and improve services for | ||||||
| 3 | blind and visually impaired persons, including outreach | ||||||
| 4 | services. | ||||||
| 5 | (i) Perform perform such other duties as may be | ||||||
| 6 | required by the Governor, Secretary, and Bureau Director. | ||||||
| 7 | The Council shall supersede and replace all advisory | ||||||
| 8 | committees now functioning within the Bureau of Rehabilitation | ||||||
| 9 | Services for the Blind, with the exception of federally | ||||||
| 10 | mandated advisory groups. | ||||||
| 11 | (Source: P.A. 99-143, eff. 7-27-15; revised 7-18-24.)
| ||||||
| 12 | Section 145. The Department of Revenue Law of the Civil | ||||||
| 13 | Administrative Code of Illinois is amended by setting forth | ||||||
| 14 | and renumbering multiple versions of Section 2505-815 as | ||||||
| 15 | follows:
| ||||||
| 16 | (20 ILCS 2505/2505-815) | ||||||
| 17 | Sec. 2505-815. County Official Compensation Task Force. | ||||||
| 18 | (a) The County Official Compensation Task Force is created | ||||||
| 19 | to review the compensation of county-level officials as | ||||||
| 20 | provided for in various State statutes and to make | ||||||
| 21 | recommendations to the General Assembly on any appropriate | ||||||
| 22 | changes to those statutes, including implementation dates. | ||||||
| 23 | (b) The members of the Task Force shall be as follows: | ||||||
| 24 | (1) the Director of Revenue or the Director's | ||||||
| |||||||
| |||||||
| 1 | designee, who shall serve as the chair of the Task Force; | ||||||
| 2 | (2) two representatives from a statewide organization | ||||||
| 3 | that represents chief county assessment officers, with one | ||||||
| 4 | representative from a county with a 2020 population of | ||||||
| 5 | fewer than 25,000 persons and one representative from a | ||||||
| 6 | county with a 2020 population of 25,000 or more, to be | ||||||
| 7 | appointed by the Director of Revenue; | ||||||
| 8 | (3) two representatives from a statewide organization | ||||||
| 9 | that represents county auditors, with one representative | ||||||
| 10 | from a county with a 2020 population of fewer than 25,000 | ||||||
| 11 | persons and one representative from a county with a 2020 | ||||||
| 12 | population of 25,000 or more, to be appointed by the | ||||||
| 13 | Director of Revenue; | ||||||
| 14 | (4) two representatives from a statewide organization | ||||||
| 15 | that represents county clerks and recorders, with one | ||||||
| 16 | representative from a county with a 2020 population of | ||||||
| 17 | fewer than 25,000 persons and one representative from a | ||||||
| 18 | county with a 2020 population of 25,000 or more, to be | ||||||
| 19 | appointed by the Director of Revenue; | ||||||
| 20 | (5) two representatives from a statewide organization | ||||||
| 21 | that represents circuit clerks, with one representative | ||||||
| 22 | from a county with a 2020 population of fewer than 25,000 | ||||||
| 23 | persons and one representative from a county with a 2020 | ||||||
| 24 | population of 25,000 or more, to be appointed by the Chief | ||||||
| 25 | Justice of the Supreme Court; | ||||||
| 26 | (6) two representatives from a statewide organization | ||||||
| |||||||
| |||||||
| 1 | that represents county treasurers, with one representative | ||||||
| 2 | from a county with a 2020 population of fewer than 25,000 | ||||||
| 3 | persons and one representative from a county with a 2020 | ||||||
| 4 | population of 25,000 or more, to be appointed by the | ||||||
| 5 | Director of Revenue; | ||||||
| 6 | (7) four representatives from a statewide organization | ||||||
| 7 | that represents county board members, with 2 | ||||||
| 8 | representatives from counties with a 2020 population of | ||||||
| 9 | fewer than 25,000 persons and 2 representatives from | ||||||
| 10 | counties with a 2020 population of 25,000 or more, to be | ||||||
| 11 | appointed by the Governor; and | ||||||
| 12 | (8) four members from the General Assembly, with one | ||||||
| 13 | member appointed by the President of the Senate, one | ||||||
| 14 | member appointed by the Senate Minority Leader, one member | ||||||
| 15 | appointed by the Speaker of the House of Representatives, | ||||||
| 16 | and one member appointed by the House Minority Leader. | ||||||
| 17 | (c) The Department of Revenue shall provide administrative | ||||||
| 18 | and other support to the Task Force. | ||||||
| 19 | (d) The Task Force's review shall include, but is not | ||||||
| 20 | limited to, the following subjects: | ||||||
| 21 | (1) a review and comparison of current statutory | ||||||
| 22 | provisions and requirements for compensation of | ||||||
| 23 | county-level officials; | ||||||
| 24 | (2) the proportion of salary and related costs borne | ||||||
| 25 | by State government compared to local government; | ||||||
| 26 | (3) job duties, education requirements, and other | ||||||
| |||||||
| |||||||
| 1 | requirements of those serving as county-level officials; | ||||||
| 2 | and | ||||||
| 3 | (4) current compensation levels for county-level | ||||||
| 4 | officials as compared to comparable positions in | ||||||
| 5 | non-governmental positions and comparable positions in | ||||||
| 6 | other levels of government. | ||||||
| 7 | (e) On or before September 1, 2024, the Task Force members | ||||||
| 8 | shall be appointed. On or before February 1, 2025, the Task | ||||||
| 9 | Force shall prepare a status report that summarizes its work. | ||||||
| 10 | The Task Force shall also prepare a comprehensive report | ||||||
| 11 | either (i) on or before May 1, 2025 or (ii) on or before | ||||||
| 12 | December 31, 2025, if all appointments to the Task Force are | ||||||
| 13 | not made by September 1, 2024. The comprehensive report shall | ||||||
| 14 | summarize the Task Force's findings and make recommendations | ||||||
| 15 | on the implementation of changes to the compensation of chief | ||||||
| 16 | county assessment officers, county auditors, county clerks and | ||||||
| 17 | recorders, county coroners, county treasurers, and circuit | ||||||
| 18 | clerks that will ensure compensation is competitive for | ||||||
| 19 | recruitment and retention and will ensure parity exists among | ||||||
| 20 | compensation levels within each profession, each county, and | ||||||
| 21 | across the State. | ||||||
| 22 | (f) The Task Force is dissolved on January 1, 2026. | ||||||
| 23 | (Source: P.A. 103-592, eff. 6-7-24.)
| ||||||
| 24 | (20 ILCS 2505/2505-816) | ||||||
| 25 | (Section scheduled to be repealed on December 31, 2026) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2505-816 2505-815. Property tax system study. The | ||||||
| 2 | Department, in consultation with the Department of Commerce | ||||||
| 3 | and Economic Opportunity, shall conduct a study to evaluate | ||||||
| 4 | the property tax system in the State and shall analyze any | ||||||
| 5 | information collected in connection with that study. The | ||||||
| 6 | Department may also examine whether the existing property tax | ||||||
| 7 | levy, assessment, appeal, and collection process is reasonable | ||||||
| 8 | and fair and may issue recommendations to improve that | ||||||
| 9 | process. For purposes of conducting the study and analyzing | ||||||
| 10 | the data required under this Section, the Department may | ||||||
| 11 | determine the scope of the historical data necessary to | ||||||
| 12 | complete the study, but in no event shall the scope or time | ||||||
| 13 | period be less than the 10 most recent tax years for which the | ||||||
| 14 | Department has complete data. The study shall include, but | ||||||
| 15 | need not be limited to, the following: | ||||||
| 16 | (1) a comprehensive review of the classification | ||||||
| 17 | system used by Cook County in assessing real property in | ||||||
| 18 | Cook County compared with the rest of the State, | ||||||
| 19 | including, but not limited to, a projection of the impact, | ||||||
| 20 | if any, that the assessment of real property in Cook | ||||||
| 21 | County would exhibit if the classification system were to | ||||||
| 22 | be phased-out and transitioned to a uniform level of | ||||||
| 23 | assessment, and the impact, if any, that the Cook County | ||||||
| 24 | classification system has or has had on economic | ||||||
| 25 | development or job creation in the county; | ||||||
| 26 | (2) a comprehensive review of State laws concerning | ||||||
| |||||||
| |||||||
| 1 | the appeal of assessments at the local and State level and | ||||||
| 2 | State laws concerning the collection of property taxes, | ||||||
| 3 | including any issues that have resulted in delays in | ||||||
| 4 | issuing property tax bills; | ||||||
| 5 | (3) a comprehensive review of statewide assessment | ||||||
| 6 | processes, including a comparison of assessment process in | ||||||
| 7 | Cook County and other counties and practices in other | ||||||
| 8 | states that allow for standardized assessment processes; | ||||||
| 9 | (4) a comprehensive review of current property tax | ||||||
| 10 | homestead exemptions, the impact of those exemptions, and | ||||||
| 11 | the administration or application of those exemptions; | ||||||
| 12 | (5) an analysis of preferential assessments or | ||||||
| 13 | incentives, including, but not limited to, the resultant | ||||||
| 14 | economic impact from preferential assessments; and | ||||||
| 15 | (6) a review of the State's reliance on property taxes | ||||||
| 16 | and the historical growth in property tax levies. | ||||||
| 17 | The Department may consult with Illinois institutions of | ||||||
| 18 | higher education in conducting the study required under this | ||||||
| 19 | Section. The Department may also consult with units of local | ||||||
| 20 | government. To the extent practicable and where applicable, | ||||||
| 21 | the Department may request relevant, publicly available | ||||||
| 22 | property tax information from units of local government, | ||||||
| 23 | including counties and municipalities, that is deemed | ||||||
| 24 | necessary to complete the study required pursuant to this | ||||||
| 25 | Section. Units of local government that are required to submit | ||||||
| 26 | property tax information to the Department must do so in a | ||||||
| |||||||
| |||||||
| 1 | reasonably expedient manner, to the extent possible, but in no | ||||||
| 2 | event later than 60 days after the date upon which the | ||||||
| 3 | Department requests that relevant information. | ||||||
| 4 | The Department may complete a preliminary report that may | ||||||
| 5 | be made available for public inspection via electronic means | ||||||
| 6 | prior to the publication of the final report under this | ||||||
| 7 | Section. The Department shall complete and submit the final | ||||||
| 8 | report under this Section to the Governor and the General | ||||||
| 9 | Assembly by July 1, 2026. A copy of both the preliminary | ||||||
| 10 | report, if made available by the Department, and the final | ||||||
| 11 | report shall be made available to the public via electronic | ||||||
| 12 | means. The Department may allow for the submission of public | ||||||
| 13 | comments from individuals, organizations, or associations | ||||||
| 14 | representing residential property owners, commercial property | ||||||
| 15 | owners, units of local government, or labor unions in Illinois | ||||||
| 16 | prior to finalizing the final report under this Section and | ||||||
| 17 | after publication of the final report under this Section. If | ||||||
| 18 | the Department allows for the submission of public comments, | ||||||
| 19 | the Department shall publish via electronic means any and all | ||||||
| 20 | materials submitted to the Department. | ||||||
| 21 | This Section is repealed on December 31, 2026. | ||||||
| 22 | (Source: P.A. 103-1002, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 23 | Section 150. The Illinois State Police Law of the Civil | ||||||
| 24 | Administrative Code of Illinois is amended by changing Section | ||||||
| 25 | 2605-51 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2605/2605-51) | ||||||
| 2 | Sec. 2605-51. Division of the Academy and Training. | ||||||
| 3 | (a) The Division of the Academy and Training shall | ||||||
| 4 | exercise, but not be limited to, the following functions: | ||||||
| 5 | (1) Oversee and operate the Illinois State Police | ||||||
| 6 | Training Academy. | ||||||
| 7 | (2) Train and prepare new officers for a career in law | ||||||
| 8 | enforcement, with innovative, quality training and | ||||||
| 9 | educational practices. | ||||||
| 10 | (3) Offer continuing training and educational programs | ||||||
| 11 | for Illinois State Police employees. | ||||||
| 12 | (4) Oversee the Illinois State Police's recruitment | ||||||
| 13 | initiatives. | ||||||
| 14 | (5) Oversee and operate the Illinois State Police's | ||||||
| 15 | quartermaster. | ||||||
| 16 | (6) Duties assigned to the Illinois State Police in | ||||||
| 17 | Article 5, Chapter 11 of the Illinois Vehicle Code | ||||||
| 18 | concerning testing and training officers on the detection | ||||||
| 19 | of impaired driving. | ||||||
| 20 | (7) Duties assigned to the Illinois State Police in | ||||||
| 21 | Article 108B of the Code of Criminal Procedure. | ||||||
| 22 | (a-5) Successful completion of the Illinois State Police | ||||||
| 23 | Academy satisfies the minimum standards pursuant to | ||||||
| 24 | subsections (a), (b), and (d) of Section 7 of the Illinois | ||||||
| 25 | Police Training Act and exempts State police officers from the | ||||||
| |||||||
| |||||||
| 1 | Illinois Law Enforcement Training Standards Board's State | ||||||
| 2 | Comprehensive Examination and Equivalency Examination. | ||||||
| 3 | Satisfactory completion shall be evidenced by a commission or | ||||||
| 4 | certificate issued to the officer. | ||||||
| 5 | (b) The Division of the Academy and Training shall | ||||||
| 6 | exercise the rights, powers, and duties vested in the former | ||||||
| 7 | Division of State Troopers by Section 17 of the Illinois State | ||||||
| 8 | Police Act. | ||||||
| 9 | (c) Specialized training. | ||||||
| 10 | (1) Training; cultural diversity. The Division of the | ||||||
| 11 | Academy and Training shall provide training and continuing | ||||||
| 12 | education to State police officers concerning cultural | ||||||
| 13 | diversity, including sensitivity toward racial and ethnic | ||||||
| 14 | differences. This training and continuing education shall | ||||||
| 15 | include, but not be limited to, an emphasis on the fact | ||||||
| 16 | that the primary purpose of enforcement of the Illinois | ||||||
| 17 | Vehicle Code is safety and equal and uniform enforcement | ||||||
| 18 | under the law. | ||||||
| 19 | (2) Training; death and homicide investigations. The | ||||||
| 20 | Division of the Academy and Training shall provide | ||||||
| 21 | training in death and homicide investigation for State | ||||||
| 22 | police officers. Only State police officers who | ||||||
| 23 | successfully complete the training may be assigned as lead | ||||||
| 24 | investigators in death and homicide investigations. | ||||||
| 25 | Satisfactory completion of the training shall be evidenced | ||||||
| 26 | by a certificate issued to the officer by the Division of | ||||||
| |||||||
| |||||||
| 1 | the Academy and Training. The Director shall develop a | ||||||
| 2 | process for waiver applications for officers whose prior | ||||||
| 3 | training and experience as homicide investigators may | ||||||
| 4 | qualify them for a waiver. The Director may issue a | ||||||
| 5 | waiver, at his or her discretion, based solely on the | ||||||
| 6 | prior training and experience of an officer as a homicide | ||||||
| 7 | investigator. | ||||||
| 8 | (A) The Division shall require all homicide | ||||||
| 9 | investigator training to include instruction on | ||||||
| 10 | victim-centered, trauma-informed investigation. This | ||||||
| 11 | training must be implemented by July 1, 2023. | ||||||
| 12 | (B) The Division shall cooperate with the Division | ||||||
| 13 | of Criminal Investigation to develop a model | ||||||
| 14 | curriculum on victim-centered, trauma-informed | ||||||
| 15 | investigation. This curriculum must be implemented by | ||||||
| 16 | July 1, 2023. | ||||||
| 17 | (3) Training; police dog training standards. All | ||||||
| 18 | police dogs used by the Illinois State Police for drug | ||||||
| 19 | enforcement purposes pursuant to the Cannabis Control Act, | ||||||
| 20 | the Illinois Controlled Substances Act, and the | ||||||
| 21 | Methamphetamine Control and Community Protection Act shall | ||||||
| 22 | be trained by programs that meet the certification | ||||||
| 23 | requirements set by the Director or the Director's | ||||||
| 24 | designee. Satisfactory completion of the training shall be | ||||||
| 25 | evidenced by a certificate issued by the Division of the | ||||||
| 26 | Academy and Training. | ||||||
| |||||||
| |||||||
| 1 | (4) Training; post-traumatic stress disorder. The | ||||||
| 2 | Division of the Academy and Training shall conduct or | ||||||
| 3 | approve a training program in post-traumatic stress | ||||||
| 4 | disorder for State police officers. The purpose of that | ||||||
| 5 | training shall be to equip State police officers to | ||||||
| 6 | identify the symptoms of post-traumatic stress disorder | ||||||
| 7 | and to respond appropriately to individuals exhibiting | ||||||
| 8 | those symptoms. | ||||||
| 9 | (5) Training; opioid antagonists. The Division of the | ||||||
| 10 | Academy and Training shall conduct or approve a training | ||||||
| 11 | program for State police officers in the administration of | ||||||
| 12 | opioid antagonists as defined in paragraph (1) of | ||||||
| 13 | subsection (e) of Section 5-23 of the Substance Use | ||||||
| 14 | Disorder Act that is in accordance with that Section. As | ||||||
| 15 | used in this Section, "State police officers" includes | ||||||
| 16 | full-time or part-time State police officers, | ||||||
| 17 | investigators, and any other employee of the Illinois | ||||||
| 18 | State Police exercising the powers of a peace officer. | ||||||
| 19 | (6) Training; sexual assault and sexual abuse. | ||||||
| 20 | (A) Every 3 years, the Division of the Academy and | ||||||
| 21 | Training shall present in-service training on sexual | ||||||
| 22 | assault and sexual abuse response and report writing | ||||||
| 23 | training requirements, including, but not limited to, | ||||||
| 24 | the following: | ||||||
| 25 | (i) recognizing the symptoms of trauma; | ||||||
| 26 | (ii) understanding the role trauma has played | ||||||
| |||||||
| |||||||
| 1 | in a victim's life; | ||||||
| 2 | (iii) responding to the needs and concerns of | ||||||
| 3 | a victim; | ||||||
| 4 | (iv) delivering services in a compassionate, | ||||||
| 5 | sensitive, and nonjudgmental manner; | ||||||
| 6 | (v) interviewing techniques in accordance with | ||||||
| 7 | the curriculum standards in this paragraph (6); | ||||||
| 8 | (vi) understanding cultural perceptions and | ||||||
| 9 | common myths of sexual assault and sexual abuse; | ||||||
| 10 | and | ||||||
| 11 | (vii) report writing techniques in accordance | ||||||
| 12 | with the curriculum standards in this paragraph | ||||||
| 13 | (6). | ||||||
| 14 | (B) This training must also be presented in all | ||||||
| 15 | full and part-time basic law enforcement academies. | ||||||
| 16 | (C) Instructors providing this training shall have | ||||||
| 17 | successfully completed training on evidence-based, | ||||||
| 18 | trauma-informed, victim-centered responses to cases of | ||||||
| 19 | sexual assault and sexual abuse and have experience | ||||||
| 20 | responding to sexual assault and sexual abuse cases. | ||||||
| 21 | (D) The Illinois State Police shall adopt rules, | ||||||
| 22 | in consultation with the Office of the Attorney | ||||||
| 23 | General and the Illinois Law Enforcement Training | ||||||
| 24 | Standards Board, to determine the specific training | ||||||
| 25 | requirements for these courses, including, but not | ||||||
| 26 | limited to, the following: | ||||||
| |||||||
| |||||||
| 1 | (i) evidence-based curriculum standards for | ||||||
| 2 | report writing and immediate response to sexual | ||||||
| 3 | assault and sexual abuse, including | ||||||
| 4 | trauma-informed, victim-centered interview | ||||||
| 5 | techniques, which have been demonstrated to | ||||||
| 6 | minimize retraumatization, for all State police | ||||||
| 7 | officers; and | ||||||
| 8 | (ii) evidence-based curriculum standards for | ||||||
| 9 | trauma-informed, victim-centered investigation | ||||||
| 10 | and interviewing techniques, which have been | ||||||
| 11 | demonstrated to minimize retraumatization, for | ||||||
| 12 | cases of sexual assault and sexual abuse for all | ||||||
| 13 | State police officers who conduct sexual assault | ||||||
| 14 | and sexual abuse investigations. | ||||||
| 15 | (7) Training; human trafficking. The Division of the | ||||||
| 16 | Academy and Training shall conduct or approve a training | ||||||
| 17 | program in the detection and investigation of all forms of | ||||||
| 18 | human trafficking, including, but not limited to, | ||||||
| 19 | involuntary servitude under subsection (b) of Section 10-9 | ||||||
| 20 | of the Criminal Code of 2012, involuntary sexual servitude | ||||||
| 21 | of a minor under subsection (c) of Section 10-9 of the | ||||||
| 22 | Criminal Code of 2012, and trafficking in persons under | ||||||
| 23 | subsection (d) of Section 10-9 of the Criminal Code of | ||||||
| 24 | 2012. This program shall be made available to all cadets | ||||||
| 25 | and State police officers. | ||||||
| 26 | (8) Training; hate crimes. The Division of the Academy | ||||||
| |||||||
| |||||||
| 1 | and Training shall provide training for State police | ||||||
| 2 | officers in identifying, responding to, and reporting all | ||||||
| 3 | hate crimes. | ||||||
| 4 | (9) Training; cell phone medical information. The | ||||||
| 5 | Division of the Academy and Training shall develop and | ||||||
| 6 | require each State police officer to complete training on | ||||||
| 7 | accessing and utilizing medical information stored in cell | ||||||
| 8 | phones. The Division may use the program approved under | ||||||
| 9 | Section 2310-711 of the Department of Public Health Powers | ||||||
| 10 | and Duties Law of the Civil Administrative Code of | ||||||
| 11 | Illinois to develop the Division's program. | ||||||
| 12 | (10) (9) Training; autism spectrum disorders. The | ||||||
| 13 | Division of the Academy and Training shall provide | ||||||
| 14 | training for State police officers on the nature of autism | ||||||
| 15 | spectrum disorders and in identifying and appropriately | ||||||
| 16 | responding to individuals with autism spectrum disorders. | ||||||
| 17 | The Illinois State Police shall review the training | ||||||
| 18 | curriculum and may consult with the Department of Public | ||||||
| 19 | Health or the Department of Human Services to update the | ||||||
| 20 | training curriculum as needed. This training shall be made | ||||||
| 21 | available to all cadets and State police officers. | ||||||
| 22 | (d) The Division of the Academy and Training shall | ||||||
| 23 | administer and conduct a program consistent with 18 U.S.C. | ||||||
| 24 | 926B and 926C for qualified active and retired Illinois State | ||||||
| 25 | Police officers. | ||||||
| 26 | (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22; | ||||||
| |||||||
| |||||||
| 1 | 102-813, eff. 5-13-22; 103-34, eff. 1-1-24; 103-939, eff. | ||||||
| 2 | 1-1-25; 103-949, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 3 | Section 155. The Criminal Identification Act is amended by | ||||||
| 4 | changing Section 5.2 as follows:
| ||||||
| 5 | (20 ILCS 2630/5.2) | ||||||
| 6 | Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||||
| 7 | (a) General Provisions. | ||||||
| 8 | (1) Definitions. In this Act, words and phrases have | ||||||
| 9 | the meanings set forth in this subsection, except when a | ||||||
| 10 | particular context clearly requires a different meaning. | ||||||
| 11 | (A) The following terms shall have the meanings | ||||||
| 12 | ascribed to them in the following Sections of the | ||||||
| 13 | Unified Code of Corrections: | ||||||
| 14 | Business Offense, Section 5-1-2. | ||||||
| 15 | Charge, Section 5-1-3. | ||||||
| 16 | Court, Section 5-1-6. | ||||||
| 17 | Defendant, Section 5-1-7. | ||||||
| 18 | Felony, Section 5-1-9. | ||||||
| 19 | Imprisonment, Section 5-1-10. | ||||||
| 20 | Judgment, Section 5-1-12. | ||||||
| 21 | Misdemeanor, Section 5-1-14. | ||||||
| 22 | Offense, Section 5-1-15. | ||||||
| 23 | Parole, Section 5-1-16. | ||||||
| 24 | Petty Offense, Section 5-1-17. | ||||||
| |||||||
| |||||||
| 1 | Probation, Section 5-1-18. | ||||||
| 2 | Sentence, Section 5-1-19. | ||||||
| 3 | Supervision, Section 5-1-21. | ||||||
| 4 | Victim, Section 5-1-22. | ||||||
| 5 | (B) As used in this Section, "charge not initiated | ||||||
| 6 | by arrest" means a charge (as defined by Section 5-1-3 | ||||||
| 7 | of the Unified Code of Corrections) brought against a | ||||||
| 8 | defendant where the defendant is not arrested prior to | ||||||
| 9 | or as a direct result of the charge. | ||||||
| 10 | (C) "Conviction" means a judgment of conviction or | ||||||
| 11 | sentence entered upon a plea of guilty or upon a | ||||||
| 12 | verdict or finding of guilty of an offense, rendered | ||||||
| 13 | by a legally constituted jury or by a court of | ||||||
| 14 | competent jurisdiction authorized to try the case | ||||||
| 15 | without a jury. An order of supervision successfully | ||||||
| 16 | completed by the petitioner is not a conviction. An | ||||||
| 17 | order of qualified probation (as defined in subsection | ||||||
| 18 | (a)(1)(J)) successfully completed by the petitioner is | ||||||
| 19 | not a conviction. An order of supervision or an order | ||||||
| 20 | of qualified probation that is terminated | ||||||
| 21 | unsatisfactorily is a conviction, unless the | ||||||
| 22 | unsatisfactory termination is reversed, vacated, or | ||||||
| 23 | modified and the judgment of conviction, if any, is | ||||||
| 24 | reversed or vacated. | ||||||
| 25 | (D) "Criminal offense" means a petty offense, | ||||||
| 26 | business offense, misdemeanor, felony, or municipal | ||||||
| |||||||
| |||||||
| 1 | ordinance violation (as defined in subsection | ||||||
| 2 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
| 3 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
| 4 | be considered a criminal offense. | ||||||
| 5 | (E) "Expunge" means to physically destroy the | ||||||
| 6 | records or return them to the petitioner and to | ||||||
| 7 | obliterate the petitioner's name from any official | ||||||
| 8 | index or public record, or both. Nothing in this Act | ||||||
| 9 | shall require the physical destruction of the circuit | ||||||
| 10 | court file, but such records relating to arrests or | ||||||
| 11 | charges, or both, ordered expunged shall be impounded | ||||||
| 12 | as required by subsections (d)(9)(A)(ii) and | ||||||
| 13 | (d)(9)(B)(ii). | ||||||
| 14 | (F) As used in this Section, "last sentence" means | ||||||
| 15 | the sentence, order of supervision, or order of | ||||||
| 16 | qualified probation (as defined by subsection | ||||||
| 17 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
| 18 | subsection (a)(1)(D)) that terminates last in time in | ||||||
| 19 | any jurisdiction, regardless of whether the petitioner | ||||||
| 20 | has included the criminal offense for which the | ||||||
| 21 | sentence or order of supervision or qualified | ||||||
| 22 | probation was imposed in his or her petition. If | ||||||
| 23 | multiple sentences, orders of supervision, or orders | ||||||
| 24 | of qualified probation terminate on the same day and | ||||||
| 25 | are last in time, they shall be collectively | ||||||
| 26 | considered the "last sentence" regardless of whether | ||||||
| |||||||
| |||||||
| 1 | they were ordered to run concurrently. | ||||||
| 2 | (G) "Minor traffic offense" means a petty offense, | ||||||
| 3 | business offense, or Class C misdemeanor under the | ||||||
| 4 | Illinois Vehicle Code or a similar provision of a | ||||||
| 5 | municipal or local ordinance. | ||||||
| 6 | (G-5) "Minor Cannabis Offense" means a violation | ||||||
| 7 | of Section 4 or 5 of the Cannabis Control Act | ||||||
| 8 | concerning not more than 30 grams of any substance | ||||||
| 9 | containing cannabis, provided the violation did not | ||||||
| 10 | include a penalty enhancement under Section 7 of the | ||||||
| 11 | Cannabis Control Act and is not associated with an | ||||||
| 12 | arrest, conviction or other disposition for a violent | ||||||
| 13 | crime as defined in subsection (c) of Section 3 of the | ||||||
| 14 | Rights of Crime Victims and Witnesses Act. | ||||||
| 15 | (H) "Municipal ordinance violation" means an | ||||||
| 16 | offense defined by a municipal or local ordinance that | ||||||
| 17 | is criminal in nature and with which the petitioner | ||||||
| 18 | was charged or for which the petitioner was arrested | ||||||
| 19 | and released without charging. | ||||||
| 20 | (I) "Petitioner" means an adult or a minor | ||||||
| 21 | prosecuted as an adult who has applied for relief | ||||||
| 22 | under this Section. | ||||||
| 23 | (J) "Qualified probation" means an order of | ||||||
| 24 | probation under Section 10 of the Cannabis Control | ||||||
| 25 | Act, Section 410 of the Illinois Controlled Substances | ||||||
| 26 | Act, Section 70 of the Methamphetamine Control and | ||||||
| |||||||
| |||||||
| 1 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
| 2 | of the Unified Code of Corrections, Section | ||||||
| 3 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
| 4 | those provisions existed before their deletion by | ||||||
| 5 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
| 6 | Alcoholism and Other Drug Dependency Act, Section | ||||||
| 7 | 40-10 of the Substance Use Disorder Act, or Section 10 | ||||||
| 8 | of the Steroid Control Act. For the purpose of this | ||||||
| 9 | Section, "successful completion" of an order of | ||||||
| 10 | qualified probation under Section 10-102 of the | ||||||
| 11 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
| 12 | Section 40-10 of the Substance Use Disorder Act means | ||||||
| 13 | that the probation was terminated satisfactorily and | ||||||
| 14 | the judgment of conviction was vacated. | ||||||
| 15 | (K) "Seal" means to physically and electronically | ||||||
| 16 | maintain the records, unless the records would | ||||||
| 17 | otherwise be destroyed due to age, but to make the | ||||||
| 18 | records unavailable without a court order, subject to | ||||||
| 19 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
| 20 | petitioner's name shall also be obliterated from the | ||||||
| 21 | official index required to be kept by the circuit | ||||||
| 22 | court clerk under Section 16 of the Clerks of Courts | ||||||
| 23 | Act, but any index issued by the circuit court clerk | ||||||
| 24 | before the entry of the order to seal shall not be | ||||||
| 25 | affected. | ||||||
| 26 | (L) "Sexual offense committed against a minor" | ||||||
| |||||||
| |||||||
| 1 | includes, but is not limited to, the offenses of | ||||||
| 2 | indecent solicitation of a child or criminal sexual | ||||||
| 3 | abuse when the victim of such offense is under 18 years | ||||||
| 4 | of age. | ||||||
| 5 | (M) "Terminate" as it relates to a sentence or | ||||||
| 6 | order of supervision or qualified probation includes | ||||||
| 7 | either satisfactory or unsatisfactory termination of | ||||||
| 8 | the sentence, unless otherwise specified in this | ||||||
| 9 | Section. A sentence is terminated notwithstanding any | ||||||
| 10 | outstanding financial legal obligation. | ||||||
| 11 | (2) Minor Traffic Offenses. Orders of supervision or | ||||||
| 12 | convictions for minor traffic offenses shall not affect a | ||||||
| 13 | petitioner's eligibility to expunge or seal records | ||||||
| 14 | pursuant to this Section. | ||||||
| 15 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
| 16 | effective date of Public Act 99-697), the law enforcement | ||||||
| 17 | agency issuing the citation shall automatically expunge, | ||||||
| 18 | on or before January 1 and July 1 of each year, the law | ||||||
| 19 | enforcement records of a person found to have committed a | ||||||
| 20 | civil law violation of subsection (a) of Section 4 of the | ||||||
| 21 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
| 22 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
| 23 | agency's possession or control and which contains the | ||||||
| 24 | final satisfactory disposition which pertain to the person | ||||||
| 25 | issued a citation for that offense. The law enforcement | ||||||
| 26 | agency shall provide by rule the process for access, | ||||||
| |||||||
| |||||||
| 1 | review, and to confirm the automatic expungement by the | ||||||
| 2 | law enforcement agency issuing the citation. Commencing | ||||||
| 3 | 180 days after July 29, 2016 (the effective date of Public | ||||||
| 4 | Act 99-697), the clerk of the circuit court shall expunge, | ||||||
| 5 | upon order of the court, or in the absence of a court order | ||||||
| 6 | on or before January 1 and July 1 of each year, the court | ||||||
| 7 | records of a person found in the circuit court to have | ||||||
| 8 | committed a civil law violation of subsection (a) of | ||||||
| 9 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
| 10 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
| 11 | clerk's possession or control and which contains the final | ||||||
| 12 | satisfactory disposition which pertain to the person | ||||||
| 13 | issued a citation for any of those offenses. | ||||||
| 14 | (3) Exclusions. Except as otherwise provided in | ||||||
| 15 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
| 16 | of this Section, the court shall not order: | ||||||
| 17 | (A) the sealing or expungement of the records of | ||||||
| 18 | arrests or charges not initiated by arrest that result | ||||||
| 19 | in an order of supervision for or conviction of: (i) | ||||||
| 20 | any sexual offense committed against a minor; (ii) | ||||||
| 21 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
| 22 | similar provision of a local ordinance; or (iii) | ||||||
| 23 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
| 24 | similar provision of a local ordinance, unless the | ||||||
| 25 | arrest or charge is for a misdemeanor violation of | ||||||
| 26 | subsection (a) of Section 11-503 or a similar | ||||||
| |||||||
| |||||||
| 1 | provision of a local ordinance, that occurred prior to | ||||||
| 2 | the offender reaching the age of 25 years and the | ||||||
| 3 | offender has no other conviction for violating Section | ||||||
| 4 | 11-501 or 11-503 of the Illinois Vehicle Code or a | ||||||
| 5 | similar provision of a local ordinance. | ||||||
| 6 | (B) the sealing or expungement of records of minor | ||||||
| 7 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
| 8 | unless the petitioner was arrested and released | ||||||
| 9 | without charging. | ||||||
| 10 | (C) the sealing of the records of arrests or | ||||||
| 11 | charges not initiated by arrest which result in an | ||||||
| 12 | order of supervision or a conviction for the following | ||||||
| 13 | offenses: | ||||||
| 14 | (i) offenses included in Article 11 of the | ||||||
| 15 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 16 | or a similar provision of a local ordinance, | ||||||
| 17 | except Section 11-14 and a misdemeanor violation | ||||||
| 18 | of Section 11-30 of the Criminal Code of 1961 or | ||||||
| 19 | the Criminal Code of 2012, or a similar provision | ||||||
| 20 | of a local ordinance; | ||||||
| 21 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
| 22 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
| 23 | Criminal Code of 2012, or a similar provision of a | ||||||
| 24 | local ordinance; | ||||||
| 25 | (iii) Section 12-3.1 or 12-3.2 of the Criminal | ||||||
| 26 | Code of 1961 or the Criminal Code of 2012, or | ||||||
| |||||||
| |||||||
| 1 | Section 125 of the Stalking No Contact Order Act, | ||||||
| 2 | or Section 219 of the Civil No Contact Order Act, | ||||||
| 3 | or a similar provision of a local ordinance; | ||||||
| 4 | (iv) Class A misdemeanors or felony offenses | ||||||
| 5 | under the Humane Care for Animals Act; or | ||||||
| 6 | (v) any offense or attempted offense that | ||||||
| 7 | would subject a person to registration under the | ||||||
| 8 | Sex Offender Registration Act. | ||||||
| 9 | (D) (blank). | ||||||
| 10 | (b) Expungement. | ||||||
| 11 | (1) A petitioner may petition the circuit court to | ||||||
| 12 | expunge the records of his or her arrests and charges not | ||||||
| 13 | initiated by arrest when each arrest or charge not | ||||||
| 14 | initiated by arrest sought to be expunged resulted in: (i) | ||||||
| 15 | acquittal, dismissal, or the petitioner's release without | ||||||
| 16 | charging, unless excluded by subsection (a)(3)(B); (ii) a | ||||||
| 17 | conviction which was vacated or reversed, unless excluded | ||||||
| 18 | by subsection (a)(3)(B); (iii) an order of supervision and | ||||||
| 19 | such supervision was successfully completed by the | ||||||
| 20 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
| 21 | (a)(3)(B); or (iv) an order of qualified probation (as | ||||||
| 22 | defined in subsection (a)(1)(J)) and such probation was | ||||||
| 23 | successfully completed by the petitioner. | ||||||
| 24 | (1.5) When a petitioner seeks to have a record of | ||||||
| 25 | arrest expunged under this Section, and the offender has | ||||||
| 26 | been convicted of a criminal offense, the State's Attorney | ||||||
| |||||||
| |||||||
| 1 | may object to the expungement on the grounds that the | ||||||
| 2 | records contain specific relevant information aside from | ||||||
| 3 | the mere fact of the arrest. | ||||||
| 4 | (2) Time frame for filing a petition to expunge. | ||||||
| 5 | (A) When the arrest or charge not initiated by | ||||||
| 6 | arrest sought to be expunged resulted in an acquittal, | ||||||
| 7 | dismissal, the petitioner's release without charging, | ||||||
| 8 | or the reversal or vacation of a conviction, there is | ||||||
| 9 | no waiting period to petition for the expungement of | ||||||
| 10 | such records. | ||||||
| 11 | (A-5) In anticipation of the successful completion | ||||||
| 12 | of a problem-solving court, pre-plea diversion, or | ||||||
| 13 | post-plea diversion program, a petition for | ||||||
| 14 | expungement may be filed 61 days before the | ||||||
| 15 | anticipated dismissal of the case or any time | ||||||
| 16 | thereafter. Upon successful completion of the program | ||||||
| 17 | and dismissal of the case, the court shall review the | ||||||
| 18 | petition of the person graduating from the program and | ||||||
| 19 | shall grant expungement if the petitioner meets all | ||||||
| 20 | requirements as specified in any applicable statute. | ||||||
| 21 | (B) When the arrest or charge not initiated by | ||||||
| 22 | arrest sought to be expunged resulted in an order of | ||||||
| 23 | supervision, successfully completed by the petitioner, | ||||||
| 24 | the following time frames will apply: | ||||||
| 25 | (i) Those arrests or charges that resulted in | ||||||
| 26 | orders of supervision under Section 3-707, 3-708, | ||||||
| |||||||
| |||||||
| 1 | 3-710, or 5-401.3 of the Illinois Vehicle Code or | ||||||
| 2 | a similar provision of a local ordinance, or under | ||||||
| 3 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
| 4 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
| 5 | similar provision of a local ordinance, shall not | ||||||
| 6 | be eligible for expungement until 5 years have | ||||||
| 7 | passed following the satisfactory termination of | ||||||
| 8 | the supervision. | ||||||
| 9 | (i-5) Those arrests or charges that resulted | ||||||
| 10 | in orders of supervision for a misdemeanor | ||||||
| 11 | violation of subsection (a) of Section 11-503 of | ||||||
| 12 | the Illinois Vehicle Code or a similar provision | ||||||
| 13 | of a local ordinance, that occurred prior to the | ||||||
| 14 | offender reaching the age of 25 years and the | ||||||
| 15 | offender has no other conviction for violating | ||||||
| 16 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
| 17 | Code or a similar provision of a local ordinance | ||||||
| 18 | shall not be eligible for expungement until the | ||||||
| 19 | petitioner has reached the age of 25 years. | ||||||
| 20 | (ii) Those arrests or charges that resulted in | ||||||
| 21 | orders of supervision for any other offenses shall | ||||||
| 22 | not be eligible for expungement until 2 years have | ||||||
| 23 | passed following the satisfactory termination of | ||||||
| 24 | the supervision. | ||||||
| 25 | (C) When the arrest or charge not initiated by | ||||||
| 26 | arrest sought to be expunged resulted in an order of | ||||||
| |||||||
| |||||||
| 1 | qualified probation, successfully completed by the | ||||||
| 2 | petitioner, such records shall not be eligible for | ||||||
| 3 | expungement until 5 years have passed following the | ||||||
| 4 | satisfactory termination of the probation. | ||||||
| 5 | (3) Those records maintained by the Illinois State | ||||||
| 6 | Police for persons arrested prior to their 17th birthday | ||||||
| 7 | shall be expunged as provided in Section 5-915 of the | ||||||
| 8 | Juvenile Court Act of 1987. | ||||||
| 9 | (4) Whenever a person has been arrested for or | ||||||
| 10 | convicted of any offense, in the name of a person whose | ||||||
| 11 | identity he or she has stolen or otherwise come into | ||||||
| 12 | possession of, the aggrieved person from whom the identity | ||||||
| 13 | was stolen or otherwise obtained without authorization, | ||||||
| 14 | upon learning of the person having been arrested using his | ||||||
| 15 | or her identity, may, upon verified petition to the chief | ||||||
| 16 | judge of the circuit wherein the arrest was made, have a | ||||||
| 17 | court order entered nunc pro tunc by the Chief Judge to | ||||||
| 18 | correct the arrest record, conviction record, if any, and | ||||||
| 19 | all official records of the arresting authority, the | ||||||
| 20 | Illinois State Police, other criminal justice agencies, | ||||||
| 21 | the prosecutor, and the trial court concerning such | ||||||
| 22 | arrest, if any, by removing his or her name from all such | ||||||
| 23 | records in connection with the arrest and conviction, if | ||||||
| 24 | any, and by inserting in the records the name of the | ||||||
| 25 | offender, if known or ascertainable, in lieu of the | ||||||
| 26 | aggrieved's name. The records of the circuit court clerk | ||||||
| |||||||
| |||||||
| 1 | shall be sealed until further order of the court upon good | ||||||
| 2 | cause shown and the name of the aggrieved person | ||||||
| 3 | obliterated on the official index required to be kept by | ||||||
| 4 | the circuit court clerk under Section 16 of the Clerks of | ||||||
| 5 | Courts Act, but the order shall not affect any index | ||||||
| 6 | issued by the circuit court clerk before the entry of the | ||||||
| 7 | order. Nothing in this Section shall limit the Illinois | ||||||
| 8 | State Police or other criminal justice agencies or | ||||||
| 9 | prosecutors from listing under an offender's name the | ||||||
| 10 | false names he or she has used. | ||||||
| 11 | (5) Whenever a person has been convicted of criminal | ||||||
| 12 | sexual assault, aggravated criminal sexual assault, | ||||||
| 13 | predatory criminal sexual assault of a child, criminal | ||||||
| 14 | sexual abuse, or aggravated criminal sexual abuse, the | ||||||
| 15 | victim of that offense may request that the State's | ||||||
| 16 | Attorney of the county in which the conviction occurred | ||||||
| 17 | file a verified petition with the presiding trial judge at | ||||||
| 18 | the petitioner's trial to have a court order entered to | ||||||
| 19 | seal the records of the circuit court clerk in connection | ||||||
| 20 | with the proceedings of the trial court concerning that | ||||||
| 21 | offense. However, the records of the arresting authority | ||||||
| 22 | and the Illinois State Police concerning the offense shall | ||||||
| 23 | not be sealed. The court, upon good cause shown, shall | ||||||
| 24 | make the records of the circuit court clerk in connection | ||||||
| 25 | with the proceedings of the trial court concerning the | ||||||
| 26 | offense available for public inspection. | ||||||
| |||||||
| |||||||
| 1 | (6) If a conviction has been set aside on direct | ||||||
| 2 | review or on collateral attack and the court determines by | ||||||
| 3 | clear and convincing evidence that the petitioner was | ||||||
| 4 | factually innocent of the charge, the court that finds the | ||||||
| 5 | petitioner factually innocent of the charge shall enter an | ||||||
| 6 | expungement order for the conviction for which the | ||||||
| 7 | petitioner has been determined to be innocent as provided | ||||||
| 8 | in subsection (b) of Section 5-5-4 of the Unified Code of | ||||||
| 9 | Corrections. | ||||||
| 10 | (7) Nothing in this Section shall prevent the Illinois | ||||||
| 11 | State Police from maintaining all records of any person | ||||||
| 12 | who is admitted to probation upon terms and conditions and | ||||||
| 13 | who fulfills those terms and conditions pursuant to | ||||||
| 14 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
| 15 | Illinois Controlled Substances Act, Section 70 of the | ||||||
| 16 | Methamphetamine Control and Community Protection Act, | ||||||
| 17 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
| 18 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
| 19 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
| 20 | Criminal Code of 2012, Section 10-102 of the Illinois | ||||||
| 21 | Alcoholism and Other Drug Dependency Act, Section 40-10 of | ||||||
| 22 | the Substance Use Disorder Act, or Section 10 of the | ||||||
| 23 | Steroid Control Act. | ||||||
| 24 | (8) If the petitioner has been granted a certificate | ||||||
| 25 | of innocence under Section 2-702 of the Code of Civil | ||||||
| 26 | Procedure, the court that grants the certificate of | ||||||
| |||||||
| |||||||
| 1 | innocence shall also enter an order expunging the | ||||||
| 2 | conviction for which the petitioner has been determined to | ||||||
| 3 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
| 4 | of the Code of Civil Procedure. | ||||||
| 5 | (c) Sealing. | ||||||
| 6 | (1) Applicability. Notwithstanding any other provision | ||||||
| 7 | of this Act to the contrary, and cumulative with any | ||||||
| 8 | rights to expungement of criminal records, this subsection | ||||||
| 9 | authorizes the sealing of criminal records of adults and | ||||||
| 10 | of minors prosecuted as adults. Subsection (g) of this | ||||||
| 11 | Section provides for immediate sealing of certain records. | ||||||
| 12 | (2) Eligible Records. The following records may be | ||||||
| 13 | sealed: | ||||||
| 14 | (A) All arrests resulting in release without | ||||||
| 15 | charging; | ||||||
| 16 | (B) Arrests or charges not initiated by arrest | ||||||
| 17 | resulting in acquittal, dismissal, or conviction when | ||||||
| 18 | the conviction was reversed or vacated, except as | ||||||
| 19 | excluded by subsection (a)(3)(B); | ||||||
| 20 | (C) Arrests or charges not initiated by arrest | ||||||
| 21 | resulting in orders of supervision, including orders | ||||||
| 22 | of supervision for municipal ordinance violations, | ||||||
| 23 | successfully completed by the petitioner, unless | ||||||
| 24 | excluded by subsection (a)(3); | ||||||
| 25 | (D) Arrests or charges not initiated by arrest | ||||||
| 26 | resulting in convictions, including convictions on | ||||||
| |||||||
| |||||||
| 1 | municipal ordinance violations, unless excluded by | ||||||
| 2 | subsection (a)(3); | ||||||
| 3 | (E) Arrests or charges not initiated by arrest | ||||||
| 4 | resulting in orders of first offender probation under | ||||||
| 5 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
| 6 | the Illinois Controlled Substances Act, Section 70 of | ||||||
| 7 | the Methamphetamine Control and Community Protection | ||||||
| 8 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
| 9 | Corrections; and | ||||||
| 10 | (F) Arrests or charges not initiated by arrest | ||||||
| 11 | resulting in felony convictions unless otherwise | ||||||
| 12 | excluded by subsection (a) paragraph (3) of this | ||||||
| 13 | Section. | ||||||
| 14 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
| 15 | identified as eligible under subsection (c)(2) may be | ||||||
| 16 | sealed as follows: | ||||||
| 17 | (A) Records identified as eligible under | ||||||
| 18 | subsections (c)(2)(A) and (c)(2)(B) may be sealed at | ||||||
| 19 | any time. | ||||||
| 20 | (B) Except as otherwise provided in subparagraph | ||||||
| 21 | (E) of this paragraph (3), records identified as | ||||||
| 22 | eligible under subsection (c)(2)(C) may be sealed 2 | ||||||
| 23 | years after the termination of petitioner's last | ||||||
| 24 | sentence (as defined in subsection (a)(1)(F)). | ||||||
| 25 | (C) Except as otherwise provided in subparagraph | ||||||
| 26 | (E) of this paragraph (3), records identified as | ||||||
| |||||||
| |||||||
| 1 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
| 2 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
| 3 | of the petitioner's last sentence (as defined in | ||||||
| 4 | subsection (a)(1)(F)). Convictions requiring public | ||||||
| 5 | registration under the Arsonist Registry Act, the Sex | ||||||
| 6 | Offender Registration Act, or the Murderer and Violent | ||||||
| 7 | Offender Against Youth Registration Act may not be | ||||||
| 8 | sealed until the petitioner is no longer required to | ||||||
| 9 | register under that relevant Act. | ||||||
| 10 | (D) Records identified in subsection | ||||||
| 11 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
| 12 | reached the age of 25 years. | ||||||
| 13 | (E) Records identified as eligible under | ||||||
| 14 | subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or | ||||||
| 15 | (c)(2)(F) may be sealed upon termination of the | ||||||
| 16 | petitioner's last sentence if the petitioner earned a | ||||||
| 17 | high school diploma, associate's degree, career | ||||||
| 18 | certificate, vocational technical certification, or | ||||||
| 19 | bachelor's degree, or passed the high school level | ||||||
| 20 | Test of General Educational Development, during the | ||||||
| 21 | period of his or her sentence or mandatory supervised | ||||||
| 22 | release. This subparagraph shall apply only to a | ||||||
| 23 | petitioner who has not completed the same educational | ||||||
| 24 | goal prior to the period of his or her sentence or | ||||||
| 25 | mandatory supervised release. If a petition for | ||||||
| 26 | sealing eligible records filed under this subparagraph | ||||||
| |||||||
| |||||||
| 1 | is denied by the court, the time periods under | ||||||
| 2 | subparagraph (B) or (C) shall apply to any subsequent | ||||||
| 3 | petition for sealing filed by the petitioner. | ||||||
| 4 | (4) Subsequent felony convictions. A person may not | ||||||
| 5 | have subsequent felony conviction records sealed as | ||||||
| 6 | provided in this subsection (c) if he or she is convicted | ||||||
| 7 | of any felony offense after the date of the sealing of | ||||||
| 8 | prior felony convictions as provided in this subsection | ||||||
| 9 | (c). The court may, upon conviction for a subsequent | ||||||
| 10 | felony offense, order the unsealing of prior felony | ||||||
| 11 | conviction records previously ordered sealed by the court. | ||||||
| 12 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
| 13 | disposition for an eligible record under this subsection | ||||||
| 14 | (c), the petitioner shall be informed by the court of the | ||||||
| 15 | right to have the records sealed and the procedures for | ||||||
| 16 | the sealing of the records. | ||||||
| 17 | (d) Procedure. The following procedures apply to | ||||||
| 18 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
| 19 | under subsections (c) and (e-5): | ||||||
| 20 | (1) Filing the petition. Upon becoming eligible to | ||||||
| 21 | petition for the expungement or sealing of records under | ||||||
| 22 | this Section, the petitioner shall file a petition | ||||||
| 23 | requesting the expungement or sealing of records with the | ||||||
| 24 | clerk of the court where the arrests occurred or the | ||||||
| 25 | charges were brought, or both. If arrests occurred or | ||||||
| 26 | charges were brought in multiple jurisdictions, a petition | ||||||
| |||||||
| |||||||
| 1 | must be filed in each such jurisdiction. The petitioner | ||||||
| 2 | shall pay the applicable fee, except no fee shall be | ||||||
| 3 | required if the petitioner has obtained a court order | ||||||
| 4 | waiving fees under Supreme Court Rule 298 or it is | ||||||
| 5 | otherwise waived. | ||||||
| 6 | (1.5) County fee waiver pilot program. From August 9, | ||||||
| 7 | 2019 (the effective date of Public Act 101-306) through | ||||||
| 8 | December 31, 2020, in a county of 3,000,000 or more | ||||||
| 9 | inhabitants, no fee shall be required to be paid by a | ||||||
| 10 | petitioner if the records sought to be expunged or sealed | ||||||
| 11 | were arrests resulting in release without charging or | ||||||
| 12 | arrests or charges not initiated by arrest resulting in | ||||||
| 13 | acquittal, dismissal, or conviction when the conviction | ||||||
| 14 | was reversed or vacated, unless excluded by subsection | ||||||
| 15 | (a)(3)(B). The provisions of this paragraph (1.5), other | ||||||
| 16 | than this sentence, are inoperative on and after January | ||||||
| 17 | 1, 2022. | ||||||
| 18 | (2) Contents of petition. The petition shall be | ||||||
| 19 | verified and shall contain the petitioner's name, date of | ||||||
| 20 | birth, current address and, for each arrest or charge not | ||||||
| 21 | initiated by arrest sought to be sealed or expunged, the | ||||||
| 22 | case number, the date of arrest (if any), the identity of | ||||||
| 23 | the arresting authority, and such other information as the | ||||||
| 24 | court may require. During the pendency of the proceeding, | ||||||
| 25 | the petitioner shall promptly notify the circuit court | ||||||
| 26 | clerk of any change of his or her address. If the | ||||||
| |||||||
| |||||||
| 1 | petitioner has received a certificate of eligibility for | ||||||
| 2 | sealing from the Prisoner Review Board under paragraph | ||||||
| 3 | (10) of subsection (a) of Section 3-3-2 of the Unified | ||||||
| 4 | Code of Corrections, the certificate shall be attached to | ||||||
| 5 | the petition. | ||||||
| 6 | (3) Drug test. The petitioner must attach to the | ||||||
| 7 | petition proof that the petitioner has taken within 30 | ||||||
| 8 | days before the filing of the petition a test showing the | ||||||
| 9 | absence within his or her body of all illegal substances | ||||||
| 10 | as defined by the Illinois Controlled Substances Act and | ||||||
| 11 | the Methamphetamine Control and Community Protection Act | ||||||
| 12 | if he or she is petitioning to: | ||||||
| 13 | (A) seal felony records under clause (c)(2)(E); | ||||||
| 14 | (B) seal felony records for a violation of the | ||||||
| 15 | Illinois Controlled Substances Act, the | ||||||
| 16 | Methamphetamine Control and Community Protection Act, | ||||||
| 17 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
| 18 | (C) seal felony records under subsection (e-5); or | ||||||
| 19 | (D) expunge felony records of a qualified | ||||||
| 20 | probation under clause (b)(1)(iv). | ||||||
| 21 | (4) Service of petition. The circuit court clerk shall | ||||||
| 22 | promptly serve a copy of the petition and documentation to | ||||||
| 23 | support the petition under subsection (e-5) or (e-6) on | ||||||
| 24 | the State's Attorney or prosecutor charged with the duty | ||||||
| 25 | of prosecuting the offense, the Illinois State Police, the | ||||||
| 26 | arresting agency and the chief legal officer of the unit | ||||||
| |||||||
| |||||||
| 1 | of local government effecting the arrest. | ||||||
| 2 | (5) Objections. | ||||||
| 3 | (A) Any party entitled to notice of the petition | ||||||
| 4 | may file an objection to the petition. All objections | ||||||
| 5 | shall be in writing, shall be filed with the circuit | ||||||
| 6 | court clerk, and shall state with specificity the | ||||||
| 7 | basis of the objection. Whenever a person who has been | ||||||
| 8 | convicted of an offense is granted a pardon by the | ||||||
| 9 | Governor which specifically authorizes expungement, an | ||||||
| 10 | objection to the petition may not be filed. | ||||||
| 11 | (B) Objections to a petition to expunge or seal | ||||||
| 12 | must be filed within 60 days of the date of service of | ||||||
| 13 | the petition. | ||||||
| 14 | (6) Entry of order. | ||||||
| 15 | (A) The Chief Judge of the circuit wherein the | ||||||
| 16 | charge was brought, any judge of that circuit | ||||||
| 17 | designated by the Chief Judge, or in counties of less | ||||||
| 18 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
| 19 | at the petitioner's trial, if any, shall rule on the | ||||||
| 20 | petition to expunge or seal as set forth in this | ||||||
| 21 | subsection (d)(6). | ||||||
| 22 | (B) Unless the State's Attorney or prosecutor, the | ||||||
| 23 | Illinois State Police, the arresting agency, or the | ||||||
| 24 | chief legal officer files an objection to the petition | ||||||
| 25 | to expunge or seal within 60 days from the date of | ||||||
| 26 | service of the petition, the court shall enter an | ||||||
| |||||||
| |||||||
| 1 | order granting or denying the petition. | ||||||
| 2 | (C) Notwithstanding any other provision of law, | ||||||
| 3 | the court shall not deny a petition for sealing under | ||||||
| 4 | this Section because the petitioner has not satisfied | ||||||
| 5 | an outstanding legal financial obligation established, | ||||||
| 6 | imposed, or originated by a court, law enforcement | ||||||
| 7 | agency, or a municipal, State, county, or other unit | ||||||
| 8 | of local government, including, but not limited to, | ||||||
| 9 | any cost, assessment, fine, or fee. An outstanding | ||||||
| 10 | legal financial obligation does not include any court | ||||||
| 11 | ordered restitution to a victim under Section 5-5-6 of | ||||||
| 12 | the Unified Code of Corrections, unless the | ||||||
| 13 | restitution has been converted to a civil judgment. | ||||||
| 14 | Nothing in this subparagraph (C) waives, rescinds, or | ||||||
| 15 | abrogates a legal financial obligation or otherwise | ||||||
| 16 | eliminates or affects the right of the holder of any | ||||||
| 17 | financial obligation to pursue collection under | ||||||
| 18 | applicable federal, State, or local law. | ||||||
| 19 | (D) Notwithstanding any other provision of law, | ||||||
| 20 | the court shall not deny a petition to expunge or seal | ||||||
| 21 | under this Section because the petitioner has | ||||||
| 22 | submitted a drug test taken within 30 days before the | ||||||
| 23 | filing of the petition to expunge or seal that | ||||||
| 24 | indicates a positive test for the presence of cannabis | ||||||
| 25 | within the petitioner's body. In this subparagraph | ||||||
| 26 | (D), "cannabis" has the meaning ascribed to it in | ||||||
| |||||||
| |||||||
| 1 | Section 3 of the Cannabis Control Act. | ||||||
| 2 | (7) Hearings. If an objection is filed, the court | ||||||
| 3 | shall set a date for a hearing and notify the petitioner | ||||||
| 4 | and all parties entitled to notice of the petition of the | ||||||
| 5 | hearing date at least 30 days prior to the hearing. Prior | ||||||
| 6 | to the hearing, the State's Attorney shall consult with | ||||||
| 7 | the Illinois State Police as to the appropriateness of the | ||||||
| 8 | relief sought in the petition to expunge or seal. At the | ||||||
| 9 | hearing, the court shall hear evidence on whether the | ||||||
| 10 | petition should or should not be granted, and shall grant | ||||||
| 11 | or deny the petition to expunge or seal the records based | ||||||
| 12 | on the evidence presented at the hearing. The court may | ||||||
| 13 | consider the following: | ||||||
| 14 | (A) the strength of the evidence supporting the | ||||||
| 15 | defendant's conviction; | ||||||
| 16 | (B) the reasons for retention of the conviction | ||||||
| 17 | records by the State; | ||||||
| 18 | (C) the petitioner's age, criminal record history, | ||||||
| 19 | and employment history; | ||||||
| 20 | (D) the period of time between the petitioner's | ||||||
| 21 | arrest on the charge resulting in the conviction and | ||||||
| 22 | the filing of the petition under this Section; and | ||||||
| 23 | (E) the specific adverse consequences the | ||||||
| 24 | petitioner may be subject to if the petition is | ||||||
| 25 | denied. | ||||||
| 26 | (8) Service of order. After entering an order to | ||||||
| |||||||
| |||||||
| 1 | expunge or seal records, the court must provide copies of | ||||||
| 2 | the order to the Illinois State Police, in a form and | ||||||
| 3 | manner prescribed by the Illinois State Police, to the | ||||||
| 4 | petitioner, to the State's Attorney or prosecutor charged | ||||||
| 5 | with the duty of prosecuting the offense, to the arresting | ||||||
| 6 | agency, to the chief legal officer of the unit of local | ||||||
| 7 | government effecting the arrest, and to such other | ||||||
| 8 | criminal justice agencies as may be ordered by the court. | ||||||
| 9 | (9) Implementation of order. | ||||||
| 10 | (A) Upon entry of an order to expunge records | ||||||
| 11 | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | ||||||
| 12 | both: | ||||||
| 13 | (i) the records shall be expunged (as defined | ||||||
| 14 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
| 15 | the Illinois State Police, and any other agency as | ||||||
| 16 | ordered by the court, within 60 days of the date of | ||||||
| 17 | service of the order, unless a motion to vacate, | ||||||
| 18 | modify, or reconsider the order is filed pursuant | ||||||
| 19 | to paragraph (12) of subsection (d) of this | ||||||
| 20 | Section; | ||||||
| 21 | (ii) the records of the circuit court clerk | ||||||
| 22 | shall be impounded until further order of the | ||||||
| 23 | court upon good cause shown and the name of the | ||||||
| 24 | petitioner obliterated on the official index | ||||||
| 25 | required to be kept by the circuit court clerk | ||||||
| 26 | under Section 16 of the Clerks of Courts Act, but | ||||||
| |||||||
| |||||||
| 1 | the order shall not affect any index issued by the | ||||||
| 2 | circuit court clerk before the entry of the order; | ||||||
| 3 | and | ||||||
| 4 | (iii) in response to an inquiry for expunged | ||||||
| 5 | records, the court, the Illinois State Police, or | ||||||
| 6 | the agency receiving such inquiry, shall reply as | ||||||
| 7 | it does in response to inquiries when no records | ||||||
| 8 | ever existed. | ||||||
| 9 | (B) Upon entry of an order to expunge records | ||||||
| 10 | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | ||||||
| 11 | both: | ||||||
| 12 | (i) the records shall be expunged (as defined | ||||||
| 13 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 14 | and any other agency as ordered by the court, | ||||||
| 15 | within 60 days of the date of service of the order, | ||||||
| 16 | unless a motion to vacate, modify, or reconsider | ||||||
| 17 | the order is filed pursuant to paragraph (12) of | ||||||
| 18 | subsection (d) of this Section; | ||||||
| 19 | (ii) the records of the circuit court clerk | ||||||
| 20 | shall be impounded until further order of the | ||||||
| 21 | court upon good cause shown and the name of the | ||||||
| 22 | petitioner obliterated on the official index | ||||||
| 23 | required to be kept by the circuit court clerk | ||||||
| 24 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 25 | the order shall not affect any index issued by the | ||||||
| 26 | circuit court clerk before the entry of the order; | ||||||
| |||||||
| |||||||
| 1 | (iii) the records shall be impounded by the | ||||||
| 2 | Illinois State Police within 60 days of the date | ||||||
| 3 | of service of the order as ordered by the court, | ||||||
| 4 | unless a motion to vacate, modify, or reconsider | ||||||
| 5 | the order is filed pursuant to paragraph (12) of | ||||||
| 6 | subsection (d) of this Section; | ||||||
| 7 | (iv) records impounded by the Illinois State | ||||||
| 8 | Police may be disseminated by the Illinois State | ||||||
| 9 | Police only as required by law or to the arresting | ||||||
| 10 | authority, the State's Attorney, and the court | ||||||
| 11 | upon a later arrest for the same or a similar | ||||||
| 12 | offense or for the purpose of sentencing for any | ||||||
| 13 | subsequent felony, and to the Department of | ||||||
| 14 | Corrections upon conviction for any offense; and | ||||||
| 15 | (v) in response to an inquiry for such records | ||||||
| 16 | from anyone not authorized by law to access such | ||||||
| 17 | records, the court, the Illinois State Police, or | ||||||
| 18 | the agency receiving such inquiry shall reply as | ||||||
| 19 | it does in response to inquiries when no records | ||||||
| 20 | ever existed. | ||||||
| 21 | (B-5) Upon entry of an order to expunge records | ||||||
| 22 | under subsection (e-6): | ||||||
| 23 | (i) the records shall be expunged (as defined | ||||||
| 24 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 25 | and any other agency as ordered by the court, | ||||||
| 26 | within 60 days of the date of service of the order, | ||||||
| |||||||
| |||||||
| 1 | unless a motion to vacate, modify, or reconsider | ||||||
| 2 | the order is filed under paragraph (12) of | ||||||
| 3 | subsection (d) of this Section; | ||||||
| 4 | (ii) the records of the circuit court clerk | ||||||
| 5 | shall be impounded until further order of the | ||||||
| 6 | court upon good cause shown and the name of the | ||||||
| 7 | petitioner obliterated on the official index | ||||||
| 8 | required to be kept by the circuit court clerk | ||||||
| 9 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 10 | the order shall not affect any index issued by the | ||||||
| 11 | circuit court clerk before the entry of the order; | ||||||
| 12 | (iii) the records shall be impounded by the | ||||||
| 13 | Illinois State Police within 60 days of the date | ||||||
| 14 | of service of the order as ordered by the court, | ||||||
| 15 | unless a motion to vacate, modify, or reconsider | ||||||
| 16 | the order is filed under paragraph (12) of | ||||||
| 17 | subsection (d) of this Section; | ||||||
| 18 | (iv) records impounded by the Illinois State | ||||||
| 19 | Police may be disseminated by the Illinois State | ||||||
| 20 | Police only as required by law or to the arresting | ||||||
| 21 | authority, the State's Attorney, and the court | ||||||
| 22 | upon a later arrest for the same or a similar | ||||||
| 23 | offense or for the purpose of sentencing for any | ||||||
| 24 | subsequent felony, and to the Department of | ||||||
| 25 | Corrections upon conviction for any offense; and | ||||||
| 26 | (v) in response to an inquiry for these | ||||||
| |||||||
| |||||||
| 1 | records from anyone not authorized by law to | ||||||
| 2 | access the records, the court, the Illinois State | ||||||
| 3 | Police, or the agency receiving the inquiry shall | ||||||
| 4 | reply as it does in response to inquiries when no | ||||||
| 5 | records ever existed. | ||||||
| 6 | (C) Upon entry of an order to seal records under | ||||||
| 7 | subsection (c), the arresting agency, any other agency | ||||||
| 8 | as ordered by the court, the Illinois State Police, | ||||||
| 9 | and the court shall seal the records (as defined in | ||||||
| 10 | subsection (a)(1)(K)). In response to an inquiry for | ||||||
| 11 | such records, from anyone not authorized by law to | ||||||
| 12 | access such records, the court, the Illinois State | ||||||
| 13 | Police, or the agency receiving such inquiry shall | ||||||
| 14 | reply as it does in response to inquiries when no | ||||||
| 15 | records ever existed. | ||||||
| 16 | (D) The Illinois State Police shall send written | ||||||
| 17 | notice to the petitioner of its compliance with each | ||||||
| 18 | order to expunge or seal records within 60 days of the | ||||||
| 19 | date of service of that order or, if a motion to | ||||||
| 20 | vacate, modify, or reconsider is filed, within 60 days | ||||||
| 21 | of service of the order resolving the motion, if that | ||||||
| 22 | order requires the Illinois State Police to expunge or | ||||||
| 23 | seal records. In the event of an appeal from the | ||||||
| 24 | circuit court order, the Illinois State Police shall | ||||||
| 25 | send written notice to the petitioner of its | ||||||
| 26 | compliance with an Appellate Court or Supreme Court | ||||||
| |||||||
| |||||||
| 1 | judgment to expunge or seal records within 60 days of | ||||||
| 2 | the issuance of the court's mandate. The notice is not | ||||||
| 3 | required while any motion to vacate, modify, or | ||||||
| 4 | reconsider, or any appeal or petition for | ||||||
| 5 | discretionary appellate review, is pending. | ||||||
| 6 | (E) Upon motion, the court may order that a sealed | ||||||
| 7 | judgment or other court record necessary to | ||||||
| 8 | demonstrate the amount of any legal financial | ||||||
| 9 | obligation due and owing be made available for the | ||||||
| 10 | limited purpose of collecting any legal financial | ||||||
| 11 | obligations owed by the petitioner that were | ||||||
| 12 | established, imposed, or originated in the criminal | ||||||
| 13 | proceeding for which those records have been sealed. | ||||||
| 14 | The records made available under this subparagraph (E) | ||||||
| 15 | shall not be entered into the official index required | ||||||
| 16 | to be kept by the circuit court clerk under Section 16 | ||||||
| 17 | of the Clerks of Courts Act and shall be immediately | ||||||
| 18 | re-impounded upon the collection of the outstanding | ||||||
| 19 | financial obligations. | ||||||
| 20 | (F) Notwithstanding any other provision of this | ||||||
| 21 | Section, a circuit court clerk may access a sealed | ||||||
| 22 | record for the limited purpose of collecting payment | ||||||
| 23 | for any legal financial obligations that were | ||||||
| 24 | established, imposed, or originated in the criminal | ||||||
| 25 | proceedings for which those records have been sealed. | ||||||
| 26 | (10) Fees. The Illinois State Police may charge the | ||||||
| |||||||
| |||||||
| 1 | petitioner a fee equivalent to the cost of processing any | ||||||
| 2 | order to expunge or seal records. Notwithstanding any | ||||||
| 3 | provision of the Clerks of Courts Act to the contrary, the | ||||||
| 4 | circuit court clerk may charge a fee equivalent to the | ||||||
| 5 | cost associated with the sealing or expungement of records | ||||||
| 6 | by the circuit court clerk. From the total filing fee | ||||||
| 7 | collected for the petition to seal or expunge, the circuit | ||||||
| 8 | court clerk shall deposit $10 into the Circuit Court Clerk | ||||||
| 9 | Operation and Administrative Fund, to be used to offset | ||||||
| 10 | the costs incurred by the circuit court clerk in | ||||||
| 11 | performing the additional duties required to serve the | ||||||
| 12 | petition to seal or expunge on all parties. The circuit | ||||||
| 13 | court clerk shall collect and remit the Illinois State | ||||||
| 14 | Police portion of the fee to the State Treasurer and it | ||||||
| 15 | shall be deposited in the State Police Services Fund. If | ||||||
| 16 | the record brought under an expungement petition was | ||||||
| 17 | previously sealed under this Section, the fee for the | ||||||
| 18 | expungement petition for that same record shall be waived. | ||||||
| 19 | (11) Final Order. No court order issued under the | ||||||
| 20 | expungement or sealing provisions of this Section shall | ||||||
| 21 | become final for purposes of appeal until 30 days after | ||||||
| 22 | service of the order on the petitioner and all parties | ||||||
| 23 | entitled to notice of the petition. | ||||||
| 24 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
| 25 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
| 26 | petitioner or any party entitled to notice may file a | ||||||
| |||||||
| |||||||
| 1 | motion to vacate, modify, or reconsider the order granting | ||||||
| 2 | or denying the petition to expunge or seal within 60 days | ||||||
| 3 | of service of the order. If filed more than 60 days after | ||||||
| 4 | service of the order, a petition to vacate, modify, or | ||||||
| 5 | reconsider shall comply with subsection (c) of Section | ||||||
| 6 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
| 7 | motion to vacate, modify, or reconsider, notice of the | ||||||
| 8 | motion shall be served upon the petitioner and all parties | ||||||
| 9 | entitled to notice of the petition. | ||||||
| 10 | (13) Effect of Order. An order granting a petition | ||||||
| 11 | under the expungement or sealing provisions of this | ||||||
| 12 | Section shall not be considered void because it fails to | ||||||
| 13 | comply with the provisions of this Section or because of | ||||||
| 14 | any error asserted in a motion to vacate, modify, or | ||||||
| 15 | reconsider. The circuit court retains jurisdiction to | ||||||
| 16 | determine whether the order is voidable and to vacate, | ||||||
| 17 | modify, or reconsider its terms based on a motion filed | ||||||
| 18 | under paragraph (12) of this subsection (d). | ||||||
| 19 | (14) Compliance with Order Granting Petition to Seal | ||||||
| 20 | Records. Unless a court has entered a stay of an order | ||||||
| 21 | granting a petition to seal, all parties entitled to | ||||||
| 22 | notice of the petition must fully comply with the terms of | ||||||
| 23 | the order within 60 days of service of the order even if a | ||||||
| 24 | party is seeking relief from the order through a motion | ||||||
| 25 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 26 | appealing the order. | ||||||
| |||||||
| |||||||
| 1 | (15) Compliance with Order Granting Petition to | ||||||
| 2 | Expunge Records. While a party is seeking relief from the | ||||||
| 3 | order granting the petition to expunge through a motion | ||||||
| 4 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 5 | appealing the order, and unless a court has entered a stay | ||||||
| 6 | of that order, the parties entitled to notice of the | ||||||
| 7 | petition must seal, but need not expunge, the records | ||||||
| 8 | until there is a final order on the motion for relief or, | ||||||
| 9 | in the case of an appeal, the issuance of that court's | ||||||
| 10 | mandate. | ||||||
| 11 | (16) The changes to this subsection (d) made by Public | ||||||
| 12 | Act 98-163 apply to all petitions pending on August 5, | ||||||
| 13 | 2013 (the effective date of Public Act 98-163) and to all | ||||||
| 14 | orders ruling on a petition to expunge or seal on or after | ||||||
| 15 | August 5, 2013 (the effective date of Public Act 98-163). | ||||||
| 16 | (e) Whenever a person who has been convicted of an offense | ||||||
| 17 | is granted a pardon by the Governor which specifically | ||||||
| 18 | authorizes expungement, he or she may, upon verified petition | ||||||
| 19 | to the Chief Judge of the circuit where the person had been | ||||||
| 20 | convicted, any judge of the circuit designated by the Chief | ||||||
| 21 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
| 22 | presiding trial judge at the defendant's trial, have a court | ||||||
| 23 | order entered expunging the record of arrest from the official | ||||||
| 24 | records of the arresting authority and order that the records | ||||||
| 25 | of the circuit court clerk and the Illinois State Police be | ||||||
| 26 | sealed until further order of the court upon good cause shown | ||||||
| |||||||
| |||||||
| 1 | or as otherwise provided herein, and the name of the defendant | ||||||
| 2 | obliterated from the official index requested to be kept by | ||||||
| 3 | the circuit court clerk under Section 16 of the Clerks of | ||||||
| 4 | Courts Act in connection with the arrest and conviction for | ||||||
| 5 | the offense for which he or she had been pardoned but the order | ||||||
| 6 | shall not affect any index issued by the circuit court clerk | ||||||
| 7 | before the entry of the order. All records sealed by the | ||||||
| 8 | Illinois State Police may be disseminated by the Illinois | ||||||
| 9 | State Police only to the arresting authority, the State's | ||||||
| 10 | Attorney, and the court upon a later arrest for the same or | ||||||
| 11 | similar offense or for the purpose of sentencing for any | ||||||
| 12 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
| 13 | the Department of Corrections shall have access to all sealed | ||||||
| 14 | records of the Illinois State Police pertaining to that | ||||||
| 15 | individual. Upon entry of the order of expungement, the | ||||||
| 16 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 17 | the person who was pardoned. | ||||||
| 18 | (e-5) Whenever a person who has been convicted of an | ||||||
| 19 | offense is granted a certificate of eligibility for sealing by | ||||||
| 20 | the Prisoner Review Board which specifically authorizes | ||||||
| 21 | sealing, he or she may, upon verified petition to the Chief | ||||||
| 22 | Judge of the circuit where the person had been convicted, any | ||||||
| 23 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 24 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 25 | trial judge at the petitioner's trial, have a court order | ||||||
| 26 | entered sealing the record of arrest from the official records | ||||||
| |||||||
| |||||||
| 1 | of the arresting authority and order that the records of the | ||||||
| 2 | circuit court clerk and the Illinois State Police be sealed | ||||||
| 3 | until further order of the court upon good cause shown or as | ||||||
| 4 | otherwise provided herein, and the name of the petitioner | ||||||
| 5 | obliterated from the official index requested to be kept by | ||||||
| 6 | the circuit court clerk under Section 16 of the Clerks of | ||||||
| 7 | Courts Act in connection with the arrest and conviction for | ||||||
| 8 | the offense for which he or she had been granted the | ||||||
| 9 | certificate but the order shall not affect any index issued by | ||||||
| 10 | the circuit court clerk before the entry of the order. All | ||||||
| 11 | records sealed by the Illinois State Police may be | ||||||
| 12 | disseminated by the Illinois State Police only as required by | ||||||
| 13 | this Act or to the arresting authority, a law enforcement | ||||||
| 14 | agency, the State's Attorney, and the court upon a later | ||||||
| 15 | arrest for the same or similar offense or for the purpose of | ||||||
| 16 | sentencing for any subsequent felony. Upon conviction for any | ||||||
| 17 | subsequent offense, the Department of Corrections shall have | ||||||
| 18 | access to all sealed records of the Illinois State Police | ||||||
| 19 | pertaining to that individual. Upon entry of the order of | ||||||
| 20 | sealing, the circuit court clerk shall promptly mail a copy of | ||||||
| 21 | the order to the person who was granted the certificate of | ||||||
| 22 | eligibility for sealing. | ||||||
| 23 | (e-6) Whenever a person who has been convicted of an | ||||||
| 24 | offense is granted a certificate of eligibility for | ||||||
| 25 | expungement by the Prisoner Review Board which specifically | ||||||
| 26 | authorizes expungement, he or she may, upon verified petition | ||||||
| |||||||
| |||||||
| 1 | to the Chief Judge of the circuit where the person had been | ||||||
| 2 | convicted, any judge of the circuit designated by the Chief | ||||||
| 3 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
| 4 | presiding trial judge at the petitioner's trial, have a court | ||||||
| 5 | order entered expunging the record of arrest from the official | ||||||
| 6 | records of the arresting authority and order that the records | ||||||
| 7 | of the circuit court clerk and the Illinois State Police be | ||||||
| 8 | sealed until further order of the court upon good cause shown | ||||||
| 9 | or as otherwise provided herein, and the name of the | ||||||
| 10 | petitioner obliterated from the official index requested to be | ||||||
| 11 | kept by the circuit court clerk under Section 16 of the Clerks | ||||||
| 12 | of Courts Act in connection with the arrest and conviction for | ||||||
| 13 | the offense for which he or she had been granted the | ||||||
| 14 | certificate but the order shall not affect any index issued by | ||||||
| 15 | the circuit court clerk before the entry of the order. All | ||||||
| 16 | records sealed by the Illinois State Police may be | ||||||
| 17 | disseminated by the Illinois State Police only as required by | ||||||
| 18 | this Act or to the arresting authority, a law enforcement | ||||||
| 19 | agency, the State's Attorney, and the court upon a later | ||||||
| 20 | arrest for the same or similar offense or for the purpose of | ||||||
| 21 | sentencing for any subsequent felony. Upon conviction for any | ||||||
| 22 | subsequent offense, the Department of Corrections shall have | ||||||
| 23 | access to all expunged records of the Illinois State Police | ||||||
| 24 | pertaining to that individual. Upon entry of the order of | ||||||
| 25 | expungement, the circuit court clerk shall promptly mail a | ||||||
| 26 | copy of the order to the person who was granted the certificate | ||||||
| |||||||
| |||||||
| 1 | of eligibility for expungement. | ||||||
| 2 | (f) Subject to available funding, the Illinois Department | ||||||
| 3 | of Corrections shall conduct a study of the impact of sealing, | ||||||
| 4 | especially on employment and recidivism rates, utilizing a | ||||||
| 5 | random sample of those who apply for the sealing of their | ||||||
| 6 | criminal records under Public Act 93-211. At the request of | ||||||
| 7 | the Illinois Department of Corrections, records of the | ||||||
| 8 | Illinois Department of Employment Security shall be utilized | ||||||
| 9 | as appropriate to assist in the study. The study shall not | ||||||
| 10 | disclose any data in a manner that would allow the | ||||||
| 11 | identification of any particular individual or employing unit. | ||||||
| 12 | The study shall be made available to the General Assembly no | ||||||
| 13 | later than September 1, 2010. | ||||||
| 14 | (g) Immediate Sealing. | ||||||
| 15 | (1) Applicability. Notwithstanding any other provision | ||||||
| 16 | of this Act to the contrary, and cumulative with any | ||||||
| 17 | rights to expungement or sealing of criminal records, this | ||||||
| 18 | subsection authorizes the immediate sealing of criminal | ||||||
| 19 | records of adults and of minors prosecuted as adults. | ||||||
| 20 | (2) Eligible Records. Arrests or charges not initiated | ||||||
| 21 | by arrest resulting in acquittal or dismissal with | ||||||
| 22 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
| 23 | that occur on or after January 1, 2018 (the effective date | ||||||
| 24 | of Public Act 100-282), may be sealed immediately if the | ||||||
| 25 | petition is filed with the circuit court clerk on the same | ||||||
| 26 | day and during the same hearing in which the case is | ||||||
| |||||||
| |||||||
| 1 | disposed. | ||||||
| 2 | (3) When Records are Eligible to be Immediately | ||||||
| 3 | Sealed. Eligible records under paragraph (2) of this | ||||||
| 4 | subsection (g) may be sealed immediately after entry of | ||||||
| 5 | the final disposition of a case, notwithstanding the | ||||||
| 6 | disposition of other charges in the same case. | ||||||
| 7 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
| 8 | entry of a disposition for an eligible record under this | ||||||
| 9 | subsection (g), the defendant shall be informed by the | ||||||
| 10 | court of his or her right to have eligible records | ||||||
| 11 | immediately sealed and the procedure for the immediate | ||||||
| 12 | sealing of these records. | ||||||
| 13 | (5) Procedure. The following procedures apply to | ||||||
| 14 | immediate sealing under this subsection (g). | ||||||
| 15 | (A) Filing the Petition. Upon entry of the final | ||||||
| 16 | disposition of the case, the defendant's attorney may | ||||||
| 17 | immediately petition the court, on behalf of the | ||||||
| 18 | defendant, for immediate sealing of eligible records | ||||||
| 19 | under paragraph (2) of this subsection (g) that are | ||||||
| 20 | entered on or after January 1, 2018 (the effective | ||||||
| 21 | date of Public Act 100-282). The immediate sealing | ||||||
| 22 | petition may be filed with the circuit court clerk | ||||||
| 23 | during the hearing in which the final disposition of | ||||||
| 24 | the case is entered. If the defendant's attorney does | ||||||
| 25 | not file the petition for immediate sealing during the | ||||||
| 26 | hearing, the defendant may file a petition for sealing | ||||||
| |||||||
| |||||||
| 1 | at any time as authorized under subsection (c)(3)(A). | ||||||
| 2 | (B) Contents of Petition. The immediate sealing | ||||||
| 3 | petition shall be verified and shall contain the | ||||||
| 4 | petitioner's name, date of birth, current address, and | ||||||
| 5 | for each eligible record, the case number, the date of | ||||||
| 6 | arrest if applicable, the identity of the arresting | ||||||
| 7 | authority if applicable, and other information as the | ||||||
| 8 | court may require. | ||||||
| 9 | (C) Drug Test. The petitioner shall not be | ||||||
| 10 | required to attach proof that he or she has passed a | ||||||
| 11 | drug test. | ||||||
| 12 | (D) Service of Petition. A copy of the petition | ||||||
| 13 | shall be served on the State's Attorney in open court. | ||||||
| 14 | The petitioner shall not be required to serve a copy of | ||||||
| 15 | the petition on any other agency. | ||||||
| 16 | (E) Entry of Order. The presiding trial judge | ||||||
| 17 | shall enter an order granting or denying the petition | ||||||
| 18 | for immediate sealing during the hearing in which it | ||||||
| 19 | is filed. Petitions for immediate sealing shall be | ||||||
| 20 | ruled on in the same hearing in which the final | ||||||
| 21 | disposition of the case is entered. | ||||||
| 22 | (F) Hearings. The court shall hear the petition | ||||||
| 23 | for immediate sealing on the same day and during the | ||||||
| 24 | same hearing in which the disposition is rendered. | ||||||
| 25 | (G) Service of Order. An order to immediately seal | ||||||
| 26 | eligible records shall be served in conformance with | ||||||
| |||||||
| |||||||
| 1 | subsection (d)(8). | ||||||
| 2 | (H) Implementation of Order. An order to | ||||||
| 3 | immediately seal records shall be implemented in | ||||||
| 4 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
| 5 | (I) Fees. The fee imposed by the circuit court | ||||||
| 6 | clerk and the Illinois State Police shall comply with | ||||||
| 7 | paragraph (1) of subsection (d) of this Section. | ||||||
| 8 | (J) Final Order. No court order issued under this | ||||||
| 9 | subsection (g) shall become final for purposes of | ||||||
| 10 | appeal until 30 days after service of the order on the | ||||||
| 11 | petitioner and all parties entitled to service of the | ||||||
| 12 | order in conformance with subsection (d)(8). | ||||||
| 13 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
| 14 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
| 15 | petitioner, State's Attorney, or the Illinois State | ||||||
| 16 | Police may file a motion to vacate, modify, or | ||||||
| 17 | reconsider the order denying the petition to | ||||||
| 18 | immediately seal within 60 days of service of the | ||||||
| 19 | order. If filed more than 60 days after service of the | ||||||
| 20 | order, a petition to vacate, modify, or reconsider | ||||||
| 21 | shall comply with subsection (c) of Section 2-1401 of | ||||||
| 22 | the Code of Civil Procedure. | ||||||
| 23 | (L) Effect of Order. An order granting an | ||||||
| 24 | immediate sealing petition shall not be considered | ||||||
| 25 | void because it fails to comply with the provisions of | ||||||
| 26 | this Section or because of an error asserted in a | ||||||
| |||||||
| |||||||
| 1 | motion to vacate, modify, or reconsider. The circuit | ||||||
| 2 | court retains jurisdiction to determine whether the | ||||||
| 3 | order is voidable, and to vacate, modify, or | ||||||
| 4 | reconsider its terms based on a motion filed under | ||||||
| 5 | subparagraph (L) of this subsection (g). | ||||||
| 6 | (M) Compliance with Order Granting Petition to | ||||||
| 7 | Seal Records. Unless a court has entered a stay of an | ||||||
| 8 | order granting a petition to immediately seal, all | ||||||
| 9 | parties entitled to service of the order must fully | ||||||
| 10 | comply with the terms of the order within 60 days of | ||||||
| 11 | service of the order. | ||||||
| 12 | (h) Sealing or vacation and expungement of trafficking | ||||||
| 13 | victims' crimes. | ||||||
| 14 | (1) A trafficking victim, as defined by paragraph (10) | ||||||
| 15 | of subsection (a) of Section 10-9 of the Criminal Code of | ||||||
| 16 | 2012, may petition for vacation and expungement or | ||||||
| 17 | immediate sealing of his or her criminal record upon the | ||||||
| 18 | completion of his or her last sentence if his or her | ||||||
| 19 | participation in the underlying offense was a result of | ||||||
| 20 | human trafficking under Section 10-9 of the Criminal Code | ||||||
| 21 | of 2012 or a severe form of trafficking under the federal | ||||||
| 22 | Trafficking Victims Protection Act. | ||||||
| 23 | (1.5) A petition under paragraph (1) shall be | ||||||
| 24 | prepared, signed, and filed in accordance with Supreme | ||||||
| 25 | Court Rule 9. The court may allow the petitioner to attend | ||||||
| 26 | any required hearing remotely in accordance with local | ||||||
| |||||||
| |||||||
| 1 | rules. The court may allow a petition to be filed under | ||||||
| 2 | seal if the public filing of the petition would constitute | ||||||
| 3 | a risk of harm to the petitioner. | ||||||
| 4 | (2) A petitioner under this subsection (h), in | ||||||
| 5 | addition to the requirements provided under paragraph (4) | ||||||
| 6 | of subsection (d) of this Section, shall include in his or | ||||||
| 7 | her petition a clear and concise statement that: (A) he or | ||||||
| 8 | she was a victim of human trafficking at the time of the | ||||||
| 9 | offense; and (B) that his or her participation in the | ||||||
| 10 | offense was a result of human trafficking under Section | ||||||
| 11 | 10-9 of the Criminal Code of 2012 or a severe form of | ||||||
| 12 | trafficking under the federal Trafficking Victims | ||||||
| 13 | Protection Act. | ||||||
| 14 | (3) If an objection is filed alleging that the | ||||||
| 15 | petitioner is not entitled to vacation and expungement or | ||||||
| 16 | immediate sealing under this subsection (h), the court | ||||||
| 17 | shall conduct a hearing under paragraph (7) of subsection | ||||||
| 18 | (d) of this Section and the court shall determine whether | ||||||
| 19 | the petitioner is entitled to vacation and expungement or | ||||||
| 20 | immediate sealing under this subsection (h). A petitioner | ||||||
| 21 | is eligible for vacation and expungement or immediate | ||||||
| 22 | relief under this subsection (h) if he or she shows, by a | ||||||
| 23 | preponderance of the evidence, that: (A) he or she was a | ||||||
| 24 | victim of human trafficking at the time of the offense; | ||||||
| 25 | and (B) that his or her participation in the offense was a | ||||||
| 26 | result of human trafficking under Section 10-9 of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 2012 or a severe form of trafficking | ||||||
| 2 | under the federal Trafficking Victims Protection Act. | ||||||
| 3 | (i) Minor Cannabis Offenses under the Cannabis Control | ||||||
| 4 | Act. | ||||||
| 5 | (1) Expungement of Arrest Records of Minor Cannabis | ||||||
| 6 | Offenses. | ||||||
| 7 | (A) The Illinois State Police and all law | ||||||
| 8 | enforcement agencies within the State shall | ||||||
| 9 | automatically expunge all criminal history records of | ||||||
| 10 | an arrest, charge not initiated by arrest, order of | ||||||
| 11 | supervision, or order of qualified probation for a | ||||||
| 12 | Minor Cannabis Offense committed prior to June 25, | ||||||
| 13 | 2019 (the effective date of Public Act 101-27) if: | ||||||
| 14 | (i) One year or more has elapsed since the | ||||||
| 15 | date of the arrest or law enforcement interaction | ||||||
| 16 | documented in the records; and | ||||||
| 17 | (ii) No criminal charges were filed relating | ||||||
| 18 | to the arrest or law enforcement interaction or | ||||||
| 19 | criminal charges were filed and subsequently | ||||||
| 20 | dismissed or vacated or the arrestee was | ||||||
| 21 | acquitted. | ||||||
| 22 | (B) If the law enforcement agency is unable to | ||||||
| 23 | verify satisfaction of condition (ii) in paragraph | ||||||
| 24 | (A), records that satisfy condition (i) in paragraph | ||||||
| 25 | (A) shall be automatically expunged. | ||||||
| 26 | (C) Records shall be expunged by the law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency under the following timelines: | ||||||
| 2 | (i) Records created prior to June 25, 2019 | ||||||
| 3 | (the effective date of Public Act 101-27), but on | ||||||
| 4 | or after January 1, 2013, shall be automatically | ||||||
| 5 | expunged prior to January 1, 2021; | ||||||
| 6 | (ii) Records created prior to January 1, 2013, | ||||||
| 7 | but on or after January 1, 2000, shall be | ||||||
| 8 | automatically expunged prior to January 1, 2023; | ||||||
| 9 | (iii) Records created prior to January 1, 2000 | ||||||
| 10 | shall be automatically expunged prior to January | ||||||
| 11 | 1, 2025. | ||||||
| 12 | In response to an inquiry for expunged records, | ||||||
| 13 | the law enforcement agency receiving such inquiry | ||||||
| 14 | shall reply as it does in response to inquiries when no | ||||||
| 15 | records ever existed; however, it shall provide a | ||||||
| 16 | certificate of disposition or confirmation that the | ||||||
| 17 | record was expunged to the individual whose record was | ||||||
| 18 | expunged if such a record exists. | ||||||
| 19 | (D) Nothing in this Section shall be construed to | ||||||
| 20 | restrict or modify an individual's right to have that | ||||||
| 21 | individual's records expunged except as otherwise may | ||||||
| 22 | be provided in this Act, or diminish or abrogate any | ||||||
| 23 | rights or remedies otherwise available to the | ||||||
| 24 | individual. | ||||||
| 25 | (2) Pardons Authorizing Expungement of Minor Cannabis | ||||||
| 26 | Offenses. | ||||||
| |||||||
| |||||||
| 1 | (A) Upon June 25, 2019 (the effective date of | ||||||
| 2 | Public Act 101-27), the Department of State Police | ||||||
| 3 | shall review all criminal history record information | ||||||
| 4 | and identify all records that meet all of the | ||||||
| 5 | following criteria: | ||||||
| 6 | (i) one or more convictions for a Minor | ||||||
| 7 | Cannabis Offense; | ||||||
| 8 | (ii) the conviction identified in paragraph | ||||||
| 9 | (2)(A)(i) did not include a penalty enhancement | ||||||
| 10 | under Section 7 of the Cannabis Control Act; and | ||||||
| 11 | (iii) the conviction identified in paragraph | ||||||
| 12 | (2)(A)(i) is not associated with a conviction for | ||||||
| 13 | a violent crime as defined in subsection (c) of | ||||||
| 14 | Section 3 of the Rights of Crime Victims and | ||||||
| 15 | Witnesses Act. | ||||||
| 16 | (B) Within 180 days after June 25, 2019 (the | ||||||
| 17 | effective date of Public Act 101-27), the Department | ||||||
| 18 | of State Police shall notify the Prisoner Review Board | ||||||
| 19 | of all such records that meet the criteria established | ||||||
| 20 | in paragraph (2)(A). | ||||||
| 21 | (i) The Prisoner Review Board shall notify the | ||||||
| 22 | State's Attorney of the county of conviction of | ||||||
| 23 | each record identified by State Police in | ||||||
| 24 | paragraph (2)(A) that is classified as a Class 4 | ||||||
| 25 | felony. The State's Attorney may provide a written | ||||||
| 26 | objection to the Prisoner Review Board on the sole | ||||||
| |||||||
| |||||||
| 1 | basis that the record identified does not meet the | ||||||
| 2 | criteria established in paragraph (2)(A). Such an | ||||||
| 3 | objection must be filed within 60 days or by such | ||||||
| 4 | later date set by the Prisoner Review Board in the | ||||||
| 5 | notice after the State's Attorney received notice | ||||||
| 6 | from the Prisoner Review Board. | ||||||
| 7 | (ii) In response to a written objection from a | ||||||
| 8 | State's Attorney, the Prisoner Review Board is | ||||||
| 9 | authorized to conduct a non-public hearing to | ||||||
| 10 | evaluate the information provided in the | ||||||
| 11 | objection. | ||||||
| 12 | (iii) The Prisoner Review Board shall make a | ||||||
| 13 | confidential and privileged recommendation to the | ||||||
| 14 | Governor as to whether to grant a pardon | ||||||
| 15 | authorizing expungement for each of the records | ||||||
| 16 | identified by the Department of State Police as | ||||||
| 17 | described in paragraph (2)(A). | ||||||
| 18 | (C) If an individual has been granted a pardon | ||||||
| 19 | authorizing expungement as described in this Section, | ||||||
| 20 | the Prisoner Review Board, through the Attorney | ||||||
| 21 | General, shall file a petition for expungement with | ||||||
| 22 | the Chief Judge of the circuit or any judge of the | ||||||
| 23 | circuit designated by the Chief Judge where the | ||||||
| 24 | individual had been convicted. Such petition may | ||||||
| 25 | include more than one individual. Whenever an | ||||||
| 26 | individual who has been convicted of an offense is | ||||||
| |||||||
| |||||||
| 1 | granted a pardon by the Governor that specifically | ||||||
| 2 | authorizes expungement, an objection to the petition | ||||||
| 3 | may not be filed. Petitions to expunge under this | ||||||
| 4 | subsection (i) may include more than one individual. | ||||||
| 5 | Within 90 days of the filing of such a petition, the | ||||||
| 6 | court shall enter an order expunging the records of | ||||||
| 7 | arrest from the official records of the arresting | ||||||
| 8 | authority and order that the records of the circuit | ||||||
| 9 | court clerk and the Illinois State Police be expunged | ||||||
| 10 | and the name of the defendant obliterated from the | ||||||
| 11 | official index requested to be kept by the circuit | ||||||
| 12 | court clerk under Section 16 of the Clerks of Courts | ||||||
| 13 | Act in connection with the arrest and conviction for | ||||||
| 14 | the offense for which the individual had received a | ||||||
| 15 | pardon but the order shall not affect any index issued | ||||||
| 16 | by the circuit court clerk before the entry of the | ||||||
| 17 | order. Upon entry of the order of expungement, the | ||||||
| 18 | circuit court clerk shall promptly provide a copy of | ||||||
| 19 | the order and a certificate of disposition to the | ||||||
| 20 | individual who was pardoned to the individual's last | ||||||
| 21 | known address or by electronic means (if available) or | ||||||
| 22 | otherwise make it available to the individual upon | ||||||
| 23 | request. | ||||||
| 24 | (D) Nothing in this Section is intended to | ||||||
| 25 | diminish or abrogate any rights or remedies otherwise | ||||||
| 26 | available to the individual. | ||||||
| |||||||
| |||||||
| 1 | (3) Any individual may file a motion to vacate and | ||||||
| 2 | expunge a conviction for a misdemeanor or Class 4 felony | ||||||
| 3 | violation of Section 4 or Section 5 of the Cannabis | ||||||
| 4 | Control Act. Motions to vacate and expunge under this | ||||||
| 5 | subsection (i) may be filed with the circuit court, Chief | ||||||
| 6 | Judge of a judicial circuit or any judge of the circuit | ||||||
| 7 | designated by the Chief Judge. The circuit court clerk | ||||||
| 8 | shall promptly serve a copy of the motion to vacate and | ||||||
| 9 | expunge, and any supporting documentation, on the State's | ||||||
| 10 | Attorney or prosecutor charged with the duty of | ||||||
| 11 | prosecuting the offense. When considering such a motion to | ||||||
| 12 | vacate and expunge, a court shall consider the following: | ||||||
| 13 | the reasons to retain the records provided by law | ||||||
| 14 | enforcement, the petitioner's age, the petitioner's age at | ||||||
| 15 | the time of offense, the time since the conviction, and | ||||||
| 16 | the specific adverse consequences if denied. An individual | ||||||
| 17 | may file such a petition after the completion of any | ||||||
| 18 | non-financial sentence or non-financial condition imposed | ||||||
| 19 | by the conviction. Within 60 days of the filing of such | ||||||
| 20 | motion, a State's Attorney may file an objection to such a | ||||||
| 21 | petition along with supporting evidence. If a motion to | ||||||
| 22 | vacate and expunge is granted, the records shall be | ||||||
| 23 | expunged in accordance with subparagraphs (d)(8) and | ||||||
| 24 | (d)(9)(A) of this Section. An agency providing civil legal | ||||||
| 25 | aid, as defined by Section 15 of the Public Interest | ||||||
| 26 | Attorney Assistance Act, assisting individuals seeking to | ||||||
| |||||||
| |||||||
| 1 | file a motion to vacate and expunge under this subsection | ||||||
| 2 | may file motions to vacate and expunge with the Chief | ||||||
| 3 | Judge of a judicial circuit or any judge of the circuit | ||||||
| 4 | designated by the Chief Judge, and the motion may include | ||||||
| 5 | more than one individual. Motions filed by an agency | ||||||
| 6 | providing civil legal aid concerning more than one | ||||||
| 7 | individual may be prepared, presented, and signed | ||||||
| 8 | electronically. | ||||||
| 9 | (4) Any State's Attorney may file a motion to vacate | ||||||
| 10 | and expunge a conviction for a misdemeanor or Class 4 | ||||||
| 11 | felony violation of Section 4 or Section 5 of the Cannabis | ||||||
| 12 | Control Act. Motions to vacate and expunge under this | ||||||
| 13 | subsection (i) may be filed with the circuit court, Chief | ||||||
| 14 | Judge of a judicial circuit or any judge of the circuit | ||||||
| 15 | designated by the Chief Judge, and may include more than | ||||||
| 16 | one individual. Motions filed by a State's Attorney | ||||||
| 17 | concerning more than one individual may be prepared, | ||||||
| 18 | presented, and signed electronically. When considering | ||||||
| 19 | such a motion to vacate and expunge, a court shall | ||||||
| 20 | consider the following: the reasons to retain the records | ||||||
| 21 | provided by law enforcement, the individual's age, the | ||||||
| 22 | individual's age at the time of offense, the time since | ||||||
| 23 | the conviction, and the specific adverse consequences if | ||||||
| 24 | denied. Upon entry of an order granting a motion to vacate | ||||||
| 25 | and expunge records pursuant to this Section, the State's | ||||||
| 26 | Attorney shall notify the Prisoner Review Board within 30 | ||||||
| |||||||
| |||||||
| 1 | days. Upon entry of the order of expungement, the circuit | ||||||
| 2 | court clerk shall promptly provide a copy of the order and | ||||||
| 3 | a certificate of disposition to the individual whose | ||||||
| 4 | records will be expunged to the individual's last known | ||||||
| 5 | address or by electronic means (if available) or otherwise | ||||||
| 6 | make available to the individual upon request. If a motion | ||||||
| 7 | to vacate and expunge is granted, the records shall be | ||||||
| 8 | expunged in accordance with subparagraphs (d)(8) and | ||||||
| 9 | (d)(9)(A) of this Section. | ||||||
| 10 | (5) In the public interest, the State's Attorney of a | ||||||
| 11 | county has standing to file motions to vacate and expunge | ||||||
| 12 | pursuant to this Section in the circuit court with | ||||||
| 13 | jurisdiction over the underlying conviction. | ||||||
| 14 | (6) If a person is arrested for a Minor Cannabis | ||||||
| 15 | Offense as defined in this Section before June 25, 2019 | ||||||
| 16 | (the effective date of Public Act 101-27) and the person's | ||||||
| 17 | case is still pending but a sentence has not been imposed, | ||||||
| 18 | the person may petition the court in which the charges are | ||||||
| 19 | pending for an order to summarily dismiss those charges | ||||||
| 20 | against him or her, and expunge all official records of | ||||||
| 21 | his or her arrest, plea, trial, conviction, incarceration, | ||||||
| 22 | supervision, or expungement. If the court determines, upon | ||||||
| 23 | review, that: (A) the person was arrested before June 25, | ||||||
| 24 | 2019 (the effective date of Public Act 101-27) for an | ||||||
| 25 | offense that has been made eligible for expungement; (B) | ||||||
| 26 | the case is pending at the time; and (C) the person has not | ||||||
| |||||||
| |||||||
| 1 | been sentenced of the minor cannabis violation eligible | ||||||
| 2 | for expungement under this subsection, the court shall | ||||||
| 3 | consider the following: the reasons to retain the records | ||||||
| 4 | provided by law enforcement, the petitioner's age, the | ||||||
| 5 | petitioner's age at the time of offense, the time since | ||||||
| 6 | the conviction, and the specific adverse consequences if | ||||||
| 7 | denied. If a motion to dismiss and expunge is granted, the | ||||||
| 8 | records shall be expunged in accordance with subparagraph | ||||||
| 9 | (d)(9)(A) of this Section. | ||||||
| 10 | (7) A person imprisoned solely as a result of one or | ||||||
| 11 | more convictions for Minor Cannabis Offenses under this | ||||||
| 12 | subsection (i) shall be released from incarceration upon | ||||||
| 13 | the issuance of an order under this subsection. | ||||||
| 14 | (8) The Illinois State Police shall allow a person to | ||||||
| 15 | use the access and review process, established in the | ||||||
| 16 | Illinois State Police, for verifying that his or her | ||||||
| 17 | records relating to Minor Cannabis Offenses of the | ||||||
| 18 | Cannabis Control Act eligible under this Section have been | ||||||
| 19 | expunged. | ||||||
| 20 | (9) No conviction vacated pursuant to this Section | ||||||
| 21 | shall serve as the basis for damages for time unjustly | ||||||
| 22 | served as provided in the Court of Claims Act. | ||||||
| 23 | (10) Effect of Expungement. A person's right to | ||||||
| 24 | expunge an expungeable offense shall not be limited under | ||||||
| 25 | this Section. The effect of an order of expungement shall | ||||||
| 26 | be to restore the person to the status he or she occupied | ||||||
| |||||||
| |||||||
| 1 | before the arrest, charge, or conviction. | ||||||
| 2 | (11) Information. The Illinois State Police shall post | ||||||
| 3 | general information on its website about the expungement | ||||||
| 4 | process described in this subsection (i). | ||||||
| 5 | (j) Felony Prostitution Convictions. | ||||||
| 6 | (1) Any individual may file a motion to vacate and | ||||||
| 7 | expunge a conviction for a prior Class 4 felony violation | ||||||
| 8 | of prostitution. Motions to vacate and expunge under this | ||||||
| 9 | subsection (j) may be filed with the circuit court, Chief | ||||||
| 10 | Judge of a judicial circuit, or any judge of the circuit | ||||||
| 11 | designated by the Chief Judge. When considering the motion | ||||||
| 12 | to vacate and expunge, a court shall consider the | ||||||
| 13 | following: | ||||||
| 14 | (A) the reasons to retain the records provided by | ||||||
| 15 | law enforcement; | ||||||
| 16 | (B) the petitioner's age; | ||||||
| 17 | (C) the petitioner's age at the time of offense; | ||||||
| 18 | and | ||||||
| 19 | (D) the time since the conviction, and the | ||||||
| 20 | specific adverse consequences if denied. An individual | ||||||
| 21 | may file the petition after the completion of any | ||||||
| 22 | sentence or condition imposed by the conviction. | ||||||
| 23 | Within 60 days of the filing of the motion, a State's | ||||||
| 24 | Attorney may file an objection to the petition along | ||||||
| 25 | with supporting evidence. If a motion to vacate and | ||||||
| 26 | expunge is granted, the records shall be expunged in | ||||||
| |||||||
| |||||||
| 1 | accordance with subparagraph (d)(9)(A) of this | ||||||
| 2 | Section. An agency providing civil legal aid, as | ||||||
| 3 | defined in Section 15 of the Public Interest Attorney | ||||||
| 4 | Assistance Act, assisting individuals seeking to file | ||||||
| 5 | a motion to vacate and expunge under this subsection | ||||||
| 6 | may file motions to vacate and expunge with the Chief | ||||||
| 7 | Judge of a judicial circuit or any judge of the circuit | ||||||
| 8 | designated by the Chief Judge, and the motion may | ||||||
| 9 | include more than one individual. | ||||||
| 10 | (2) Any State's Attorney may file a motion to vacate | ||||||
| 11 | and expunge a conviction for a Class 4 felony violation of | ||||||
| 12 | prostitution. Motions to vacate and expunge under this | ||||||
| 13 | subsection (j) may be filed with the circuit court, Chief | ||||||
| 14 | Judge of a judicial circuit, or any judge of the circuit | ||||||
| 15 | court designated by the Chief Judge, and may include more | ||||||
| 16 | than one individual. When considering the motion to vacate | ||||||
| 17 | and expunge, a court shall consider the following reasons: | ||||||
| 18 | (A) the reasons to retain the records provided by | ||||||
| 19 | law enforcement; | ||||||
| 20 | (B) the petitioner's age; | ||||||
| 21 | (C) the petitioner's age at the time of offense; | ||||||
| 22 | (D) the time since the conviction; and | ||||||
| 23 | (E) the specific adverse consequences if denied. | ||||||
| 24 | If the State's Attorney files a motion to vacate and | ||||||
| 25 | expunge records for felony prostitution convictions | ||||||
| 26 | pursuant to this Section, the State's Attorney shall | ||||||
| |||||||
| |||||||
| 1 | notify the Prisoner Review Board within 30 days of the | ||||||
| 2 | filing. If a motion to vacate and expunge is granted, the | ||||||
| 3 | records shall be expunged in accordance with subparagraph | ||||||
| 4 | (d)(9)(A) of this Section. | ||||||
| 5 | (3) In the public interest, the State's Attorney of a | ||||||
| 6 | county has standing to file motions to vacate and expunge | ||||||
| 7 | pursuant to this Section in the circuit court with | ||||||
| 8 | jurisdiction over the underlying conviction. | ||||||
| 9 | (4) The Illinois State Police shall allow a person to | ||||||
| 10 | a use the access and review process, established in the | ||||||
| 11 | Illinois State Police, for verifying that his or her | ||||||
| 12 | records relating to felony prostitution eligible under | ||||||
| 13 | this Section have been expunged. | ||||||
| 14 | (5) No conviction vacated pursuant to this Section | ||||||
| 15 | shall serve as the basis for damages for time unjustly | ||||||
| 16 | served as provided in the Court of Claims Act. | ||||||
| 17 | (6) Effect of Expungement. A person's right to expunge | ||||||
| 18 | an expungeable offense shall not be limited under this | ||||||
| 19 | Section. The effect of an order of expungement shall be to | ||||||
| 20 | restore the person to the status he or she occupied before | ||||||
| 21 | the arrest, charge, or conviction. | ||||||
| 22 | (7) Information. The Illinois State Police shall post | ||||||
| 23 | general information on its website about the expungement | ||||||
| 24 | process described in this subsection (j). | ||||||
| 25 | (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; | ||||||
| 26 | 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23; 103-609, | ||||||
| 2 | eff. 7-1-24; 103-755, eff. 8-2-24; revised 8-9-24.)
| ||||||
| 3 | Section 160. The Department of Transportation Law of the | ||||||
| 4 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 5 | Section 2705-440 as follows:
| ||||||
| 6 | (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h) | ||||||
| 7 | Sec. 2705-440. Intercity Rail Service. | ||||||
| 8 | (a) For the purposes of providing intercity railroad | ||||||
| 9 | passenger service within this State and throughout the United | ||||||
| 10 | States, the Department is authorized to enter into agreements | ||||||
| 11 | with any state, state agency, unit units of local government | ||||||
| 12 | or political subdivision subdivisions, the Commuter Rail | ||||||
| 13 | Division of the Regional Transportation Authority (or a public | ||||||
| 14 | corporation on behalf of that Division), architecture or | ||||||
| 15 | engineering firm firms, the National Railroad Passenger | ||||||
| 16 | Corporation, any carrier, or any individual, corporation, | ||||||
| 17 | partnership, or public or private entity. The cost related to | ||||||
| 18 | such services shall be borne in such proportion as, by | ||||||
| 19 | agreement or contract the parties may desire. | ||||||
| 20 | (b) In providing any intercity railroad passenger service | ||||||
| 21 | as provided in this Section, the Department shall have the | ||||||
| 22 | following additional powers: | ||||||
| 23 | (1) to enter into trackage use agreements with rail | ||||||
| 24 | carriers; | ||||||
| |||||||
| |||||||
| 1 | (1.5) to freely lease or otherwise contract for any | ||||||
| 2 | purpose any of the locomotives, passenger railcars, and | ||||||
| 3 | other rolling stock equipment or accessions to any state | ||||||
| 4 | or state agency, public or private entity, or quasi-public | ||||||
| 5 | entities; | ||||||
| 6 | (2) to enter into haulage agreements with rail | ||||||
| 7 | carriers; | ||||||
| 8 | (3) to lease or otherwise contract for use, | ||||||
| 9 | maintenance, servicing, and repair of any needed | ||||||
| 10 | locomotives, rolling stock, stations, or other facilities, | ||||||
| 11 | the lease or contract having a term not to exceed 50 years | ||||||
| 12 | (but any multi-year contract shall recite that the | ||||||
| 13 | contract is subject to termination and cancellation, | ||||||
| 14 | without any penalty, acceleration payment, or other | ||||||
| 15 | recoupment mechanism, in any fiscal year for which the | ||||||
| 16 | General Assembly fails to make an adequate appropriation | ||||||
| 17 | to cover the contract obligation); | ||||||
| 18 | (4) to enter into management agreements; | ||||||
| 19 | (5) to include in any contract indemnification of | ||||||
| 20 | carriers or other parties for any liability with regard to | ||||||
| 21 | intercity railroad passenger service; | ||||||
| 22 | (6) to obtain insurance for any losses or claims with | ||||||
| 23 | respect to the service; | ||||||
| 24 | (7) to promote the use of the service; | ||||||
| 25 | (8) to make grants to any body politic and corporate, | ||||||
| 26 | any unit of local government, or the Commuter Rail | ||||||
| |||||||
| |||||||
| 1 | Division of the Regional Transportation Authority to cover | ||||||
| 2 | all or any part of any capital or operating costs of the | ||||||
| 3 | service and to enter into agreements with respect to those | ||||||
| 4 | grants; | ||||||
| 5 | (9) to set any fares or make other regulations with | ||||||
| 6 | respect to the service, consistent with any contracts for | ||||||
| 7 | the service; and | ||||||
| 8 | (10) to otherwise enter into any contracts necessary | ||||||
| 9 | or convenient to provide rail services, operate or | ||||||
| 10 | maintain locomotives, passenger railcars, and other | ||||||
| 11 | rolling stock equipment or accessions, including the lease | ||||||
| 12 | or use of such locomotives, railcars, equipment, or | ||||||
| 13 | accessions. | ||||||
| 14 | (c) All service provided under this Section shall be | ||||||
| 15 | exempt from all regulations by the Illinois Commerce | ||||||
| 16 | Commission (other than for safety matters). To the extent the | ||||||
| 17 | service is provided by the Commuter Rail Division of the | ||||||
| 18 | Regional Transportation Authority (or a public corporation on | ||||||
| 19 | behalf of that Division), it shall be exempt from safety | ||||||
| 20 | regulations of the Illinois Commerce Commission to the extent | ||||||
| 21 | the Commuter Rail Division adopts its own safety regulations. | ||||||
| 22 | (d) In connection with any powers exercised under this | ||||||
| 23 | Section, the Department | ||||||
| 24 | (1) shall not have the power of eminent domain; and | ||||||
| 25 | (2) shall not directly operate any railroad service | ||||||
| 26 | with its own employees. | ||||||
| |||||||
| |||||||
| 1 | (e) Any contract with the Commuter Rail Division of the | ||||||
| 2 | Regional Transportation Authority (or a public corporation on | ||||||
| 3 | behalf of the Division) under this Section shall provide that | ||||||
| 4 | all costs in excess of revenue received by the Division | ||||||
| 5 | generated from intercity rail service provided by the Division | ||||||
| 6 | shall be fully borne by the Department, and no funds for | ||||||
| 7 | operation of commuter rail service shall be used, directly or | ||||||
| 8 | indirectly, or for any period of time, to subsidize the | ||||||
| 9 | intercity rail operation. If at any time the Division does not | ||||||
| 10 | have sufficient funds available to satisfy the requirements of | ||||||
| 11 | this Section, the Division shall forthwith terminate the | ||||||
| 12 | operation of intercity rail service. The payments made by the | ||||||
| 13 | Department to the Division for the intercity rail passenger | ||||||
| 14 | service shall not be made in excess of those costs or as a | ||||||
| 15 | subsidy for costs of commuter rail operations. This shall not | ||||||
| 16 | prevent the contract from providing for efficient coordination | ||||||
| 17 | of service and facilities to promote cost effective operations | ||||||
| 18 | of both intercity rail passenger service and commuter rail | ||||||
| 19 | services with cost allocations as provided in this paragraph. | ||||||
| 20 | (f) Whenever the Department enters into an agreement with | ||||||
| 21 | any carrier for the Department's payment of such railroad | ||||||
| 22 | required maintenance expenses necessary for intercity | ||||||
| 23 | passenger service, the Department may deposit such required | ||||||
| 24 | maintenance funds into an escrow account. Whenever the | ||||||
| 25 | Department enters into an agreement with any State or State | ||||||
| 26 | agency, any public or private entity or quasi-public entity | ||||||
| |||||||
| |||||||
| 1 | for the lease, rental or use of locomotives, passenger | ||||||
| 2 | railcars, and other rolling stock equipment or accessions, the | ||||||
| 3 | Department may deposit such receipts into a separate escrow | ||||||
| 4 | account. For purposes of this subsection, "escrow account" an | ||||||
| 5 | escrow account means any fiduciary account established with | ||||||
| 6 | (i) any banking corporation which is both organized under the | ||||||
| 7 | Illinois Banking Act and authorized to accept and administer | ||||||
| 8 | trusts in this State, or (ii) any national banking association | ||||||
| 9 | which has its principal place of business in this State and | ||||||
| 10 | which also is authorized to accept and administer trusts in | ||||||
| 11 | this State. The funds in any required maintenance escrow | ||||||
| 12 | account may be withdrawn by the carrier or entity in control of | ||||||
| 13 | the railroad being maintained, only with the consent of the | ||||||
| 14 | Department, pursuant to a written maintenance agreement and | ||||||
| 15 | pursuant to a maintenance plan that shall be updated each | ||||||
| 16 | year. The funds in an escrow account holding lease payments, | ||||||
| 17 | use fees, or rental payments may be withdrawn by the | ||||||
| 18 | Department, only with the consent of the Midwest Fleet Pool | ||||||
| 19 | Board and deposited into the High-Speed Rail Rolling Stock | ||||||
| 20 | Fund. The moneys deposited in the escrow accounts shall be | ||||||
| 21 | invested and reinvested, pursuant to the direction of the | ||||||
| 22 | Department, in bonds and other interest bearing obligations of | ||||||
| 23 | this State, or in such accounts, certificates, bills, | ||||||
| 24 | obligations, shares, pools, or other securities as are | ||||||
| 25 | authorized for the investment of public funds under the Public | ||||||
| 26 | Funds Investment Act. Escrow accounts created under this | ||||||
| |||||||
| |||||||
| 1 | subsection shall not have terms that exceed 20 years. At the | ||||||
| 2 | end of the term of an escrow account holding lease payments, | ||||||
| 3 | use fees, or rental payments, the remaining balance shall be | ||||||
| 4 | deposited in the High-Speed Rail Rolling Stock Fund, a special | ||||||
| 5 | fund that is created in the State treasury Treasury. Moneys in | ||||||
| 6 | the High-Speed Rail Rolling Stock Fund may be used for any | ||||||
| 7 | purpose related to locomotives, passenger railcars, and other | ||||||
| 8 | rolling stock equipment. The Department shall prepare a report | ||||||
| 9 | for presentation to the Comptroller and the Treasurer each | ||||||
| 10 | year that shows the amounts deposited and withdrawn, the | ||||||
| 11 | purposes for withdrawal, the balance, and the amounts derived | ||||||
| 12 | from investment. | ||||||
| 13 | (g) Whenever the Department enters into an agreement with | ||||||
| 14 | any carrier, State or State agency, any public or private | ||||||
| 15 | entity, or quasi-public entity for costs related to | ||||||
| 16 | procurement and maintenance of locomotives, passenger | ||||||
| 17 | railcars, and other rolling stock equipment or accessions, the | ||||||
| 18 | Department shall deposit such receipts into the High-Speed | ||||||
| 19 | Rail Rolling Stock Fund. Additionally, the Department may make | ||||||
| 20 | payments into the High-Speed Rail Rolling Stock Fund for the | ||||||
| 21 | State's share of the costs related to locomotives, passenger | ||||||
| 22 | railcars, and other rolling stock equipment. | ||||||
| 23 | (Source: P.A. 103-707, eff. 1-1-25; revised 11-22-24.)
| ||||||
| 24 | Section 165. The Department of Veterans' Affairs Act is | ||||||
| 25 | amended by changing Section 40 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2805/40) | ||||||
| 2 | Sec. 40. Notice of veterans and service members' benefits, | ||||||
| 3 | services, and protections. The Department shall create, and | ||||||
| 4 | the Department of Labor shall make available, at no cost, a | ||||||
| 5 | veterans and service members' benefits, services, and | ||||||
| 6 | protections poster. Such a poster shall include, but not be | ||||||
| 7 | limited to, information regarding the following: | ||||||
| 8 | (1) Free veterans' benefits and services provided by | ||||||
| 9 | the Illinois Department of Veterans' Veterans Affairs and | ||||||
| 10 | other veterans service organizations; | ||||||
| 11 | (2) Tax benefits; | ||||||
| 12 | (3) Illinois veteran driver's license and non-driver | ||||||
| 13 | veteran identification card; | ||||||
| 14 | (4) Illinois protections for survivors of sexual | ||||||
| 15 | violence in the military; and | ||||||
| 16 | (5) Contact information for the following: | ||||||
| 17 | (i) The United States Department of Veterans | ||||||
| 18 | Affairs; | ||||||
| 19 | (ii) The Illinois Department of Veterans' Veterans | ||||||
| 20 | Affairs; and | ||||||
| 21 | (iii) The Veterans Crisis Line. | ||||||
| 22 | (Source: P.A. 103-828, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 23 | Section 170. The Governor's Office of Management and | ||||||
| 24 | Budget Act is amended by changing Section 2.14 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 3005/2.14) | ||||||
| 2 | Sec. 2.14. Annual Comprehensive Financial Report Internal | ||||||
| 3 | Control Unit. As used in this Section, : "ACFR" means the State | ||||||
| 4 | Annual Comprehensive Financial Report. | ||||||
| 5 | There is created within the Governor's Office of | ||||||
| 6 | Management and Budget an ACFR Internal Control Unit, which | ||||||
| 7 | shall advise and assist the Director in coordinating the audit | ||||||
| 8 | of the State Annual Comprehensive Financial Report on behalf | ||||||
| 9 | of the Governor. The ACFR Internal Control Unit may develop | ||||||
| 10 | policies, plans, and programs to be used by the Office for the | ||||||
| 11 | coordination of the financial audit and may advise and assist | ||||||
| 12 | State agencies, as defined in the Illinois State Auditing Act | ||||||
| 13 | and under the jurisdiction of the Governor, in improving | ||||||
| 14 | internal controls related to the State's financial statements | ||||||
| 15 | and reporting. The ACFR Internal Control Unit is authorized to | ||||||
| 16 | direct State agencies under the jurisdiction of the Governor | ||||||
| 17 | in the adoption of internal control procedures and | ||||||
| 18 | documentation necessary to address internal control | ||||||
| 19 | deficiencies or resolve ACFR audit findings, and to direct | ||||||
| 20 | implementation of such corrective actions. Each State agency | ||||||
| 21 | under the jurisdiction of the Governor shall furnish to the | ||||||
| 22 | Office such information as the Office may from time to time | ||||||
| 23 | require, and the Director or any duly authorized employee of | ||||||
| 24 | the Office shall for the purpose of securing such information, | ||||||
| 25 | have access to, and the right to examine and receive a copy of | ||||||
| |||||||
| |||||||
| 1 | all documents, papers, reports, or records of any State agency | ||||||
| 2 | under the jurisdiction of the Governor to assist in carrying | ||||||
| 3 | out the Office's responsibilities under this Section. | ||||||
| 4 | (Source: P.A. 103-866, eff. 8-9-24; revised 10-21-24.)
| ||||||
| 5 | Section 175. The Capital Development Board Act is amended | ||||||
| 6 | by changing Section 10.09-1 as follows:
| ||||||
| 7 | (20 ILCS 3105/10.09-1) | ||||||
| 8 | Sec. 10.09-1. Certification of inspection. | ||||||
| 9 | (a) No person may occupy a newly constructed commercial | ||||||
| 10 | building or a substantially improved commercial building in a | ||||||
| 11 | non-building code jurisdiction until: | ||||||
| 12 | (1) The property owner or property owner's agent has | ||||||
| 13 | first contracted for the inspection of the building by an | ||||||
| 14 | inspector who meets the qualifications established by the | ||||||
| 15 | Board; and | ||||||
| 16 | (2) The qualified inspector files a certification of | ||||||
| 17 | inspection with the municipality or county having such | ||||||
| 18 | jurisdiction over the property indicating that the | ||||||
| 19 | building complies with all of the following: | ||||||
| 20 | (A) to the extent they do not conflict with the | ||||||
| 21 | codes and rules listed in subparagraphs (C) through | ||||||
| 22 | (F), the current edition or most recent preceding | ||||||
| 23 | edition of the following codes published by the | ||||||
| 24 | International Code Council: | ||||||
| |||||||
| |||||||
| 1 | (i) the International Building Code, including | ||||||
| 2 | Appendix G and excluding Chapters 11, 13, and 29; | ||||||
| 3 | (ii) the International Existing Building Code; | ||||||
| 4 | (B) to the extent it does not conflict with the | ||||||
| 5 | codes and rules listed in subparagraphs (C) through | ||||||
| 6 | (F), the current edition or most recent preceding | ||||||
| 7 | edition of the National Electrical Code published by | ||||||
| 8 | the National Fire Protection Association; | ||||||
| 9 | (C) either: | ||||||
| 10 | (i) The Energy Efficient Building Code adopted | ||||||
| 11 | under Section 15 of the Energy Efficient Building | ||||||
| 12 | Act; or | ||||||
| 13 | (ii) The Illinois Stretch Energy Code adopted | ||||||
| 14 | under Section 55 of the Energy Efficient Building | ||||||
| 15 | Act; | ||||||
| 16 | (D) the Illinois Accessibility Code adopted under | ||||||
| 17 | Section 4 of the Environmental Barriers Act; | ||||||
| 18 | (E) the Illinois Plumbing Code adopted under | ||||||
| 19 | Section 35 of the Illinois Plumbing License Law; and | ||||||
| 20 | (F) the rules adopted in accordance with Section 9 | ||||||
| 21 | of the Fire Investigation Act. | ||||||
| 22 | (3) Once a building permit is issued, the applicable | ||||||
| 23 | requirements that are in effect on January 1 of the calendar | ||||||
| 24 | year when the building permit was applied for, or, where a | ||||||
| 25 | building permit is not required, on January 1 of the calendar | ||||||
| 26 | year when construction begins, shall be the only requirements | ||||||
| |||||||
| |||||||
| 1 | that apply for the duration of the building permit or | ||||||
| 2 | construction. | ||||||
| 3 | (b) (Blank). | ||||||
| 4 | (c) The qualification requirements of this Section do not | ||||||
| 5 | apply to building enforcement personnel employed by a | ||||||
| 6 | municipality or county who are acting in their official | ||||||
| 7 | capacity. | ||||||
| 8 | (d) For purposes of this Section: | ||||||
| 9 | "Commercial building" means any building other than: (i) a | ||||||
| 10 | single-family home or a dwelling containing 2 or fewer | ||||||
| 11 | apartments, condominiums, or townhouses; or (ii) a farm | ||||||
| 12 | building as exempted from Section 3 of the Illinois | ||||||
| 13 | Architecture Practice Act of 1989. | ||||||
| 14 | "Newly constructed commercial building" means any | ||||||
| 15 | commercial building for which original construction has | ||||||
| 16 | commenced on or after July 1, 2011. | ||||||
| 17 | "Non-building code jurisdiction" means any area of the | ||||||
| 18 | State in a municipality or county having jurisdiction that: | ||||||
| 19 | (i) has not adopted a building code; or (ii) is required to but | ||||||
| 20 | has not identified its adopted building code to the Board | ||||||
| 21 | under Section 10.18 of the Capital Development Board Act. | ||||||
| 22 | "Qualified inspector" means an individual certified as a | ||||||
| 23 | commercial building inspector by the International Code | ||||||
| 24 | Council or an equivalent nationally recognized building | ||||||
| 25 | inspector certification organization, qualified as a | ||||||
| 26 | construction and building inspector by successful completion | ||||||
| |||||||
| |||||||
| 1 | of an apprentice program certified by the United States | ||||||
| 2 | Department of Labor, or who has filed verification of | ||||||
| 3 | inspection experience according to rules adopted by the Board | ||||||
| 4 | for the purposes of conducting inspections in non-building | ||||||
| 5 | code jurisdictions. | ||||||
| 6 | "Substantial damage" means damage of any origin sustained | ||||||
| 7 | by a structure whereby the cost of restoring the structure to | ||||||
| 8 | its before-damaged condition would equal or exceed 50% of the | ||||||
| 9 | market value of the structure before damage occurred. | ||||||
| 10 | "Substantially improved commercial building" means, for | ||||||
| 11 | work commenced on or after January 1, 2025, any commercial | ||||||
| 12 | building that has undergone any repair, reconstruction, | ||||||
| 13 | rehabilitation, alteration, addition, or other improvement, | ||||||
| 14 | the cost of which equals or exceeds 50% of the market value of | ||||||
| 15 | the structure before the improvement or repair is started. If | ||||||
| 16 | a commercial building has sustained substantial damage, any | ||||||
| 17 | repairs are considered substantial improvement regardless of | ||||||
| 18 | the actual repair work performed. "Substantially improved | ||||||
| 19 | commercial building" does not include: (i) any project for | ||||||
| 20 | improvement of a structure to correct existing violations of | ||||||
| 21 | State or local health, sanitary, or safety code specifications | ||||||
| 22 | which have been identified by the local code enforcement | ||||||
| 23 | official and which are the minimum necessary to assure safe | ||||||
| 24 | living conditions or (ii) any alteration of a historic | ||||||
| 25 | structure, provided that the alteration will not preclude the | ||||||
| 26 | structure's continued designation as a historic structure. | ||||||
| |||||||
| |||||||
| 1 | (e) Except as provided in Section 15 of the Illinois | ||||||
| 2 | Residential Building Code Act, new residential construction is | ||||||
| 3 | exempt from this Section and is defined as any original | ||||||
| 4 | construction of a single-family home or a dwelling containing | ||||||
| 5 | 2 or fewer apartments, condominiums, or townhouses. | ||||||
| 6 | (f) Local governments may establish agreements with other | ||||||
| 7 | governmental entities within the State to issue permits and | ||||||
| 8 | enforce building codes and may hire third-party providers that | ||||||
| 9 | are qualified in accordance with this Section to provide | ||||||
| 10 | inspection services. | ||||||
| 11 | (g) This Section does not limit the applicability of any | ||||||
| 12 | other statutorily authorized code or regulation administered | ||||||
| 13 | by State agencies. These include, without limitation, the | ||||||
| 14 | codes and regulations listed in subparagraphs (C) through (F) | ||||||
| 15 | of paragraph (2) of subsection (a). | ||||||
| 16 | (h) The changes to this Section made by Public Act 103-510 | ||||||
| 17 | this amendatory Act of the 103rd General Assembly shall apply | ||||||
| 18 | beginning on January 1, 2025. | ||||||
| 19 | (Source: P.A. 102-558, eff. 8-20-21; 103-510, eff. 1-1-24; | ||||||
| 20 | revised 7-24-24.)
| ||||||
| 21 | Section 180. The Illinois Emergency Management Agency Act | ||||||
| 22 | is amended by changing Section 5 as follows:
| ||||||
| 23 | (20 ILCS 3305/5) (from Ch. 127, par. 1055) | ||||||
| 24 | Sec. 5. Illinois Emergency Management Agency. | ||||||
| |||||||
| |||||||
| 1 | (a) There is created within the executive branch of the | ||||||
| 2 | State Government an Illinois Emergency Management Agency and a | ||||||
| 3 | Director of the Illinois Emergency Management Agency, herein | ||||||
| 4 | called the "Director" who shall be the head thereof. The | ||||||
| 5 | Director shall be appointed by the Governor, with the advice | ||||||
| 6 | and consent of the Senate, and shall serve for a term of 2 | ||||||
| 7 | years beginning on the third Monday in January of the | ||||||
| 8 | odd-numbered year, and until a successor is appointed and has | ||||||
| 9 | qualified; except that the term of the first Director | ||||||
| 10 | appointed under this Act shall expire on the third Monday in | ||||||
| 11 | January, 1989. The Director shall not hold any other | ||||||
| 12 | remunerative public office. For terms beginning after January | ||||||
| 13 | 18, 2019 (the effective date of Public Act 100-1179) and | ||||||
| 14 | before January 16, 2023, the annual salary of the Director | ||||||
| 15 | shall be as provided in Section 5-300 of the Civil | ||||||
| 16 | Administrative Code of Illinois. Notwithstanding any other | ||||||
| 17 | provision of law, for terms beginning on or after January 16, | ||||||
| 18 | 2023, the Director shall receive an annual salary of $180,000 | ||||||
| 19 | or as set by the Governor, whichever is higher. On July 1, | ||||||
| 20 | 2023, and on each July 1 thereafter, the Director shall | ||||||
| 21 | receive an increase in salary based on a cost of living | ||||||
| 22 | adjustment as authorized by Senate Joint Resolution 192 of the | ||||||
| 23 | 86th General Assembly. | ||||||
| 24 | For terms beginning on or after January 16, 2023, the | ||||||
| 25 | Assistant Director of the Illinois Emergency Management Agency | ||||||
| 26 | shall receive an annual salary of $156,600 or as set by the | ||||||
| |||||||
| |||||||
| 1 | Governor, whichever is higher. On July 1, 2023, and on each | ||||||
| 2 | July 1 thereafter, the Assistant Director shall receive an | ||||||
| 3 | increase in salary based on a cost of living adjustment as | ||||||
| 4 | authorized by Senate Joint Resolution 192 of the 86th General | ||||||
| 5 | Assembly. | ||||||
| 6 | (b) The Illinois Emergency Management Agency shall obtain, | ||||||
| 7 | under the provisions of the Personnel Code, technical, | ||||||
| 8 | clerical, stenographic and other administrative personnel, and | ||||||
| 9 | may make expenditures within the appropriation therefor as may | ||||||
| 10 | be necessary to carry out the purpose of this Act. The agency | ||||||
| 11 | created by this Act is intended to be a successor to the agency | ||||||
| 12 | created under the Illinois Emergency Services and Disaster | ||||||
| 13 | Agency Act of 1975 and the personnel, equipment, records, and | ||||||
| 14 | appropriations of that agency are transferred to the successor | ||||||
| 15 | agency as of June 30, 1988 (the effective date of this Act). | ||||||
| 16 | (c) The Director, subject to the direction and control of | ||||||
| 17 | the Governor, shall be the executive head of the Illinois | ||||||
| 18 | Emergency Management Agency and the State Emergency Response | ||||||
| 19 | Commission and shall be responsible under the direction of the | ||||||
| 20 | Governor, for carrying out the program for emergency | ||||||
| 21 | management of this State. The Director shall also maintain | ||||||
| 22 | liaison and cooperate with the emergency management | ||||||
| 23 | organizations of this State and other states and of the | ||||||
| 24 | federal government. | ||||||
| 25 | (d) The Illinois Emergency Management Agency shall take an | ||||||
| 26 | integral part in the development and revision of political | ||||||
| |||||||
| |||||||
| 1 | subdivision emergency operations plans prepared under | ||||||
| 2 | paragraph (f) of Section 10. To this end it shall employ or | ||||||
| 3 | otherwise secure the services of professional and technical | ||||||
| 4 | personnel capable of providing expert assistance to the | ||||||
| 5 | emergency services and disaster agencies. These personnel | ||||||
| 6 | shall consult with emergency services and disaster agencies on | ||||||
| 7 | a regular basis and shall make field examinations of the | ||||||
| 8 | areas, circumstances, and conditions that particular political | ||||||
| 9 | subdivision emergency operations plans are intended to apply. | ||||||
| 10 | (e) The Illinois Emergency Management Agency and political | ||||||
| 11 | subdivisions shall be encouraged to form an emergency | ||||||
| 12 | management advisory committee composed of private and public | ||||||
| 13 | personnel representing the emergency management phases of | ||||||
| 14 | mitigation, preparedness, response, and recovery. The Local | ||||||
| 15 | Emergency Planning Committee, as created under the Illinois | ||||||
| 16 | Emergency Planning and Community Right to Know Act, shall | ||||||
| 17 | serve as an advisory committee to the emergency services and | ||||||
| 18 | disaster agency or agencies serving within the boundaries of | ||||||
| 19 | that Local Emergency Planning Committee planning district for: | ||||||
| 20 | (1) the development of emergency operations plan | ||||||
| 21 | provisions for hazardous chemical emergencies; and | ||||||
| 22 | (2) the assessment of emergency response capabilities | ||||||
| 23 | related to hazardous chemical emergencies. | ||||||
| 24 | (f) The Illinois Emergency Management Agency shall: | ||||||
| 25 | (1) Coordinate the overall emergency management | ||||||
| 26 | program of the State. | ||||||
| |||||||
| |||||||
| 1 | (2) Cooperate with local governments, the federal | ||||||
| 2 | government, and any public or private agency or entity in | ||||||
| 3 | achieving any purpose of this Act and in implementing | ||||||
| 4 | emergency management programs for mitigation, | ||||||
| 5 | preparedness, response, and recovery. | ||||||
| 6 | (2.5) Develop a comprehensive emergency preparedness | ||||||
| 7 | and response plan for any nuclear accident in accordance | ||||||
| 8 | with Section 65 of the Nuclear Safety Law of 2004 and in | ||||||
| 9 | development of the Illinois Nuclear Safety Preparedness | ||||||
| 10 | program in accordance with Section 8 of the Illinois | ||||||
| 11 | Nuclear Safety Preparedness Act. | ||||||
| 12 | (2.6) Coordinate with the Department of Public Health | ||||||
| 13 | with respect to planning for and responding to public | ||||||
| 14 | health emergencies. | ||||||
| 15 | (3) Prepare, for issuance by the Governor, executive | ||||||
| 16 | orders, proclamations, and regulations as necessary or | ||||||
| 17 | appropriate in coping with disasters. | ||||||
| 18 | (4) Promulgate rules and requirements for political | ||||||
| 19 | subdivision emergency operations plans that are not | ||||||
| 20 | inconsistent with and are at least as stringent as | ||||||
| 21 | applicable federal laws and regulations. | ||||||
| 22 | (5) Review and approve, in accordance with Illinois | ||||||
| 23 | Emergency Management Agency rules, emergency operations | ||||||
| 24 | plans for those political subdivisions required to have an | ||||||
| 25 | emergency services and disaster agency pursuant to this | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (5.5) Promulgate rules and requirements for the | ||||||
| 2 | political subdivision emergency management exercises, | ||||||
| 3 | including, but not limited to, exercises of the emergency | ||||||
| 4 | operations plans. | ||||||
| 5 | (5.10) Review, evaluate, and approve, in accordance | ||||||
| 6 | with Illinois Emergency Management Agency rules, political | ||||||
| 7 | subdivision emergency management exercises for those | ||||||
| 8 | political subdivisions required to have an emergency | ||||||
| 9 | services and disaster agency pursuant to this Act. | ||||||
| 10 | (6) Determine requirements of the State and its | ||||||
| 11 | political subdivisions for food, clothing, and other | ||||||
| 12 | necessities in event of a disaster. | ||||||
| 13 | (7) Establish a register of persons with types of | ||||||
| 14 | emergency management training and skills in mitigation, | ||||||
| 15 | preparedness, response, and recovery. | ||||||
| 16 | (8) Establish a register of government and private | ||||||
| 17 | response resources available for use in a disaster. | ||||||
| 18 | (9) Expand the Earthquake Awareness Program and its | ||||||
| 19 | efforts to distribute earthquake preparedness materials to | ||||||
| 20 | schools, political subdivisions, community groups, civic | ||||||
| 21 | organizations, and the media. Emphasis will be placed on | ||||||
| 22 | those areas of the State most at risk from an earthquake. | ||||||
| 23 | Maintain the list of all school districts, hospitals, | ||||||
| 24 | airports, power plants, including nuclear power plants, | ||||||
| 25 | lakes, dams, emergency response facilities of all types, | ||||||
| 26 | and all other major public or private structures which are | ||||||
| |||||||
| |||||||
| 1 | at the greatest risk of damage from earthquakes under | ||||||
| 2 | circumstances where the damage would cause subsequent harm | ||||||
| 3 | to the surrounding communities and residents. | ||||||
| 4 | (10) Disseminate all information, completely and | ||||||
| 5 | without delay, on water levels for rivers and streams and | ||||||
| 6 | any other data pertaining to potential flooding supplied | ||||||
| 7 | by the Division of Water Resources within the Department | ||||||
| 8 | of Natural Resources to all political subdivisions to the | ||||||
| 9 | maximum extent possible. | ||||||
| 10 | (11) Develop agreements, if feasible, with medical | ||||||
| 11 | supply and equipment firms to supply resources as are | ||||||
| 12 | necessary to respond to an earthquake or any other | ||||||
| 13 | disaster as defined in this Act. These resources will be | ||||||
| 14 | made available upon notifying the vendor of the disaster. | ||||||
| 15 | Payment for the resources will be in accordance with | ||||||
| 16 | Section 7 of this Act. The Illinois Department of Public | ||||||
| 17 | Health shall determine which resources will be required | ||||||
| 18 | and requested. | ||||||
| 19 | (11.5) In coordination with the Illinois State Police, | ||||||
| 20 | develop and implement a community outreach program to | ||||||
| 21 | promote awareness among the State's parents and children | ||||||
| 22 | of child abduction prevention and response. | ||||||
| 23 | (12) Out of funds appropriated for these purposes, | ||||||
| 24 | award capital and non-capital grants to Illinois hospitals | ||||||
| 25 | or health care facilities located outside of a city with a | ||||||
| 26 | population in excess of 1,000,000 to be used for purposes | ||||||
| |||||||
| |||||||
| 1 | that include, but are not limited to, preparing to respond | ||||||
| 2 | to mass casualties and disasters, maintaining and | ||||||
| 3 | improving patient safety and quality of care, and | ||||||
| 4 | protecting the confidentiality of patient information. No | ||||||
| 5 | single grant for a capital expenditure shall exceed | ||||||
| 6 | $300,000. No single grant for a non-capital expenditure | ||||||
| 7 | shall exceed $100,000. In awarding such grants, preference | ||||||
| 8 | shall be given to hospitals that serve a significant | ||||||
| 9 | number of Medicaid recipients, but do not qualify for | ||||||
| 10 | disproportionate share hospital adjustment payments under | ||||||
| 11 | the Illinois Public Aid Code. To receive such a grant, a | ||||||
| 12 | hospital or health care facility must provide funding of | ||||||
| 13 | at least 50% of the cost of the project for which the grant | ||||||
| 14 | is being requested. In awarding such grants the Illinois | ||||||
| 15 | Emergency Management Agency shall consider the | ||||||
| 16 | recommendations of the Illinois Hospital Association. | ||||||
| 17 | (13) Do all other things necessary, incidental or | ||||||
| 18 | appropriate for the implementation of this Act. | ||||||
| 19 | (g) The Illinois Emergency Management Agency is authorized | ||||||
| 20 | to make grants to various higher education institutions, | ||||||
| 21 | public K-12 school districts, area vocational centers as | ||||||
| 22 | designated by the State Board of Education, inter-district | ||||||
| 23 | special education cooperatives, regional safe schools, and | ||||||
| 24 | nonpublic K-12 schools for safety and security improvements. | ||||||
| 25 | For the purpose of this subsection (g), "higher education | ||||||
| 26 | institution" means a public university, a public community | ||||||
| |||||||
| |||||||
| 1 | college, or an independent, not-for-profit or for-profit | ||||||
| 2 | higher education institution located in this State. Grants | ||||||
| 3 | made under this subsection (g) shall be paid out of moneys | ||||||
| 4 | appropriated for that purpose from the Build Illinois Bond | ||||||
| 5 | Fund. The Illinois Emergency Management Agency shall adopt | ||||||
| 6 | rules to implement this subsection (g). These rules may | ||||||
| 7 | specify: (i) the manner of applying for grants; (ii) project | ||||||
| 8 | eligibility requirements; (iii) restrictions on the use of | ||||||
| 9 | grant moneys; (iv) the manner in which the various higher | ||||||
| 10 | education institutions must account for the use of grant | ||||||
| 11 | moneys; and (v) any other provision that the Illinois | ||||||
| 12 | Emergency Management Agency determines to be necessary or | ||||||
| 13 | useful for the administration of this subsection (g). | ||||||
| 14 | (g-5) The Illinois Emergency Management Agency is | ||||||
| 15 | authorized to make grants to not-for-profit organizations | ||||||
| 16 | which are exempt from federal income taxation under section | ||||||
| 17 | 501(c)(3) of the Federal Internal Revenue Code for eligible | ||||||
| 18 | security improvements that assist the organization in | ||||||
| 19 | preventing, preparing for, or responding to threats, attacks, | ||||||
| 20 | or acts of terrorism. To be eligible for a grant under the | ||||||
| 21 | program, the Agency must determine that the organization is at | ||||||
| 22 | a high risk of being subject to threats, attacks, or acts of | ||||||
| 23 | terrorism based on the organization's profile, ideology, | ||||||
| 24 | mission, or beliefs. Eligible security improvements shall | ||||||
| 25 | include all eligible preparedness activities under the federal | ||||||
| 26 | Nonprofit Security Grant Program, including, but not limited | ||||||
| |||||||
| |||||||
| 1 | to, physical security upgrades, security training exercises, | ||||||
| 2 | preparedness training exercises, contracting with security | ||||||
| 3 | personnel, and any other security upgrades deemed eligible by | ||||||
| 4 | the Director. Eligible security improvements shall not | ||||||
| 5 | duplicate, in part or in whole, a project included under any | ||||||
| 6 | awarded federal grant or in a pending federal application. The | ||||||
| 7 | Director shall establish procedures and forms by which | ||||||
| 8 | applicants may apply for a grant and procedures for | ||||||
| 9 | distributing grants to recipients. Any security improvements | ||||||
| 10 | awarded shall remain at the physical property listed in the | ||||||
| 11 | grant application, unless authorized by Agency rule or | ||||||
| 12 | approved by the Agency in writing. The procedures shall | ||||||
| 13 | require each applicant to do the following: | ||||||
| 14 | (1) identify and substantiate prior or current | ||||||
| 15 | threats, attacks, or acts of terrorism against the | ||||||
| 16 | not-for-profit organization; | ||||||
| 17 | (2) indicate the symbolic or strategic value of one or | ||||||
| 18 | more sites that renders the site a possible target of a | ||||||
| 19 | threat, attack, or act of terrorism; | ||||||
| 20 | (3) discuss potential consequences to the organization | ||||||
| 21 | if the site is damaged, destroyed, or disrupted by a | ||||||
| 22 | threat, attack, or act of terrorism; | ||||||
| 23 | (4) describe how the grant will be used to integrate | ||||||
| 24 | organizational preparedness with broader State and local | ||||||
| 25 | preparedness efforts, as described by the Agency in each | ||||||
| 26 | Notice of Opportunity for Funding; | ||||||
| |||||||
| |||||||
| 1 | (5) submit (i) a vulnerability assessment conducted by | ||||||
| 2 | experienced security, law enforcement, or military | ||||||
| 3 | personnel, or conducted using an Agency-approved or | ||||||
| 4 | federal Nonprofit Security Grant Program self-assessment | ||||||
| 5 | tool, and (ii) a description of how the grant award will be | ||||||
| 6 | used to address the vulnerabilities identified in the | ||||||
| 7 | assessment; and | ||||||
| 8 | (6) submit any other relevant information as may be | ||||||
| 9 | required by the Director. | ||||||
| 10 | The Agency is authorized to use funds appropriated for the | ||||||
| 11 | grant program described in this subsection (g-5) to administer | ||||||
| 12 | the program. Any Agency Notice of Opportunity for Funding, | ||||||
| 13 | proposed or final rulemaking, guidance, training opportunity, | ||||||
| 14 | or other resource related to the grant program must be | ||||||
| 15 | published on the Agency's publicly available website, and any | ||||||
| 16 | announcements related to funding shall be shared with all | ||||||
| 17 | State legislative offices, the Governor's office, emergency | ||||||
| 18 | services and disaster agencies mandated or required pursuant | ||||||
| 19 | to subsections (b) through (d) of Section 10, and any other | ||||||
| 20 | State agencies as determined by the Agency. Subject to | ||||||
| 21 | appropriation, the grant application period shall be open for | ||||||
| 22 | no less than 45 calendar days during the first application | ||||||
| 23 | cycle each fiscal year, unless the Agency determines that a | ||||||
| 24 | shorter period is necessary to avoid conflicts with the annual | ||||||
| 25 | federal Nonprofit Security Grant Program funding cycle. | ||||||
| 26 | Additional application cycles may be conducted during the same | ||||||
| |||||||
| |||||||
| 1 | fiscal year, subject to availability of funds. Upon request, | ||||||
| 2 | Agency staff shall provide reasonable assistance to any | ||||||
| 3 | applicant in completing a grant application or meeting a | ||||||
| 4 | post-award requirement. | ||||||
| 5 | In addition to any advance payment rules or procedures | ||||||
| 6 | adopted by the Agency, the Agency shall adopt rules or | ||||||
| 7 | procedures by which grantees under this subsection (g-5) may | ||||||
| 8 | receive a working capital advance of initial start-up costs | ||||||
| 9 | and up to 2 months of program expenses, not to exceed 25% of | ||||||
| 10 | the total award amount, if, during the application process, | ||||||
| 11 | the grantee demonstrates a need for funds to commence a | ||||||
| 12 | project. The remaining funds must be paid through | ||||||
| 13 | reimbursement after the grantee presents sufficient supporting | ||||||
| 14 | documentation of expenditures for eligible activities. | ||||||
| 15 | (h) Except as provided in Section 17.5 of this Act, any | ||||||
| 16 | moneys received by the Agency from donations or sponsorships | ||||||
| 17 | unrelated to a disaster shall be deposited in the Emergency | ||||||
| 18 | Planning and Training Fund and used by the Agency, subject to | ||||||
| 19 | appropriation, to effectuate planning and training activities. | ||||||
| 20 | Any moneys received by the Agency from donations during a | ||||||
| 21 | disaster and intended for disaster response or recovery shall | ||||||
| 22 | be deposited into the Disaster Response and Recovery Fund and | ||||||
| 23 | used for disaster response and recovery pursuant to the | ||||||
| 24 | Disaster Relief Act. | ||||||
| 25 | (i) The Illinois Emergency Management Agency may by rule | ||||||
| 26 | assess and collect reasonable fees for attendance at | ||||||
| |||||||
| |||||||
| 1 | Agency-sponsored conferences to enable the Agency to carry out | ||||||
| 2 | the requirements of this Act. Any moneys received under this | ||||||
| 3 | subsection shall be deposited in the Emergency Planning and | ||||||
| 4 | Training Fund and used by the Agency, subject to | ||||||
| 5 | appropriation, for planning and training activities. | ||||||
| 6 | (j) The Illinois Emergency Management Agency is authorized | ||||||
| 7 | to make grants to other State agencies, public universities, | ||||||
| 8 | units of local government, and statewide mutual aid | ||||||
| 9 | organizations to enhance statewide emergency preparedness and | ||||||
| 10 | response. | ||||||
| 11 | (k) Subject to appropriation from the Emergency Planning | ||||||
| 12 | and Training Fund, the Illinois Emergency Management Agency | ||||||
| 13 | and Office of Homeland Security shall obtain training services | ||||||
| 14 | and support for local emergency services and support for local | ||||||
| 15 | emergency services and disaster agencies for training, | ||||||
| 16 | exercises, and equipment related to carbon dioxide pipelines | ||||||
| 17 | and sequestration, and, subject to the availability of | ||||||
| 18 | funding, shall provide $5,000 per year to the Illinois Fire | ||||||
| 19 | Service Institute for first responder training required under | ||||||
| 20 | Section 4-615 of the Public Utilities Act. Amounts in the | ||||||
| 21 | Emergency Planning and Training Fund will be used by the | ||||||
| 22 | Illinois Emergency Management Agency and Office of Homeland | ||||||
| 23 | Security for administrative costs incurred in carrying out the | ||||||
| 24 | requirements of this subsection. To carry out the purposes of | ||||||
| 25 | this subsection, the Illinois Emergency Management Agency and | ||||||
| 26 | Office of Homeland Security may accept moneys from all | ||||||
| |||||||
| |||||||
| 1 | authorized sources into the Emergency Planning and Training | ||||||
| 2 | Fund, including, but not limited to, transfers from the Carbon | ||||||
| 3 | Dioxide Sequestration Administrative Fund and the Public | ||||||
| 4 | Utility Fund. | ||||||
| 5 | (l) (k) The Agency shall do all other things necessary, | ||||||
| 6 | incidental, or appropriate for the implementation of this Act, | ||||||
| 7 | including the adoption of rules in accordance with the | ||||||
| 8 | Illinois Administrative Procedure Act. | ||||||
| 9 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
| 10 | 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff. | ||||||
| 11 | 1-1-24; 103-588, eff. 1-1-25; 103-651, eff. 7-18-24; 103-999, | ||||||
| 12 | eff. 1-1-25; revised 11-26-24.)
| ||||||
| 13 | Section 185. The Historic Preservation Act is amended by | ||||||
| 14 | changing Sections 4.7, 16, and 21 as follows:
| ||||||
| 15 | (20 ILCS 3405/4.7) | ||||||
| 16 | Sec. 4.7. State Historic Preservation Board. | ||||||
| 17 | (a) The State Historic Preservation Board is hereby | ||||||
| 18 | created within the Department. | ||||||
| 19 | (b) The Board shall consist of 9 voting members appointed | ||||||
| 20 | by the Governor and the Director of the Department, or the | ||||||
| 21 | Director's designee, who shall serve as an ex officio | ||||||
| 22 | ex-officio nonvoting member of the Board. Of the members | ||||||
| 23 | appointed by the Governor: | ||||||
| 24 | (1) 2 members shall have a relevant background in | ||||||
| |||||||
| |||||||
| 1 | public history or a background in teaching or researching | ||||||
| 2 | either the history of Illinois or the history of | ||||||
| 3 | historically marginalized communities; | ||||||
| 4 | (2) one member shall have experience in library | ||||||
| 5 | studies or archival work in Illinois; | ||||||
| 6 | (3) 3 members shall be representatives of a | ||||||
| 7 | community-based organization working on historic | ||||||
| 8 | preservation in Illinois; | ||||||
| 9 | (4) one member shall have experience with the federal | ||||||
| 10 | Americans with Disabilities Act of 1990; | ||||||
| 11 | (5) one member shall have experience working on | ||||||
| 12 | federal historic designations; and | ||||||
| 13 | (6) one member shall be a museum professional. | ||||||
| 14 | The chairperson of the Board shall be named by the | ||||||
| 15 | Governor from among the voting members of the Board. Each | ||||||
| 16 | member of the Board shall serve a 3-year term and until a | ||||||
| 17 | successor is appointed by the Governor. The Governor may | ||||||
| 18 | remove a Board member for incompetence, dereliction of duty, | ||||||
| 19 | or malfeasance. Of those members appointed by the Governor, at | ||||||
| 20 | least 5 of the members shall represent historically excluded | ||||||
| 21 | and marginalized people. The Governor's Office, with the | ||||||
| 22 | assistance of the Department, shall be responsible for | ||||||
| 23 | ensuring that 5 of the appointed members of the Board consist | ||||||
| 24 | of people who represent historically excluded and marginalized | ||||||
| 25 | people. Knowledge in the following areas shall be prioritized | ||||||
| 26 | in making appointments to the Board: the culture, traditions, | ||||||
| |||||||
| |||||||
| 1 | and history of American Indians and Native Americans, Black | ||||||
| 2 | Americans, Latinos, Latinas, and Hispanic Americans, Asian | ||||||
| 3 | Americans and Pacific Islanders, the LGBTQIA+ community, | ||||||
| 4 | immigrants and refugees, people with disabilities, and | ||||||
| 5 | veterans' organizations; women's history; the history of | ||||||
| 6 | Illinois' agriculture, architecture, armed forces, arts, | ||||||
| 7 | civics, cultural geography, ecology, education, faith-based | ||||||
| 8 | communities, folklore, government, industry, labor, law, | ||||||
| 9 | medicine, and transportation; anthropology; archaeology; | ||||||
| 10 | cultural exhibits and museums; heritage tourism; historic | ||||||
| 11 | preservation; and social justice. | ||||||
| 12 | (c) Board meetings shall be called at regular intervals | ||||||
| 13 | set by the Board, on the request of the Department, or upon | ||||||
| 14 | written notice signed by at least 5 members of the Board, but | ||||||
| 15 | in no event less than once quarterly. | ||||||
| 16 | (d) A majority of the members of the Board constitutes a | ||||||
| 17 | quorum for the transaction of business at a meeting of the | ||||||
| 18 | Board. If a quorum is met, a majority of the members present | ||||||
| 19 | and serving is required for official action of the Board. | ||||||
| 20 | (e) All business that the Board is authorized to perform | ||||||
| 21 | shall be conducted at a public meeting of the Board, held in | ||||||
| 22 | compliance with the Open Meetings Act. | ||||||
| 23 | (f) Public records of the Board are subject to disclosure | ||||||
| 24 | under the Freedom of Information Act. | ||||||
| 25 | (g) The members of the Board shall serve without | ||||||
| 26 | compensation but shall be entitled to reimbursement for all | ||||||
| |||||||
| |||||||
| 1 | necessary expenses incurred in the performance of their | ||||||
| 2 | official duties as members of the Board from funds | ||||||
| 3 | appropriated for that purpose. Reimbursement for travel, | ||||||
| 4 | meals, and lodging shall be in accordance with the rules of the | ||||||
| 5 | Governor's Travel Control Board. | ||||||
| 6 | (h) The Board has the following powers and duties: | ||||||
| 7 | (1) The Board shall adopt rules in accordance with the | ||||||
| 8 | Illinois Administrative Procedure Act, for the | ||||||
| 9 | administration and execution of the powers granted under | ||||||
| 10 | this Act. All rules that are authorized to be adopted | ||||||
| 11 | under this Act shall be adopted after consultation with | ||||||
| 12 | and written approval by the Department. | ||||||
| 13 | (2) The Board shall list, delist, create specific list | ||||||
| 14 | designations, create designation definitions, create | ||||||
| 15 | property assessment criteria, or change the listing | ||||||
| 16 | designation of State Historic Sites. Such actions shall be | ||||||
| 17 | undertaken by administrative rule. The listing, delisting, | ||||||
| 18 | creation of specific list designations or designation | ||||||
| 19 | definitions, or change of listing designation by the Board | ||||||
| 20 | shall only be done with the written approval of the | ||||||
| 21 | Director of Natural Resources. When listing, delisting, or | ||||||
| 22 | making a change of listing designation, the Board shall | ||||||
| 23 | consider, but is not limited to, the following: | ||||||
| 24 | (A) the budgetary impact on the full historic | ||||||
| 25 | sites portfolio when taking such action; | ||||||
| 26 | (B) if the action includes the stories of | ||||||
| |||||||
| |||||||
| 1 | historically excluded and marginalized people; | ||||||
| 2 | (C) the geographic balance of the portfolio; | ||||||
| 3 | (D) disability access; | ||||||
| 4 | (E) opportunities to coordinate with federal | ||||||
| 5 | historic designations or federal funding | ||||||
| 6 | opportunities; and | ||||||
| 7 | (F) any other criteria that have been set out in | ||||||
| 8 | administrative rule. | ||||||
| 9 | (3) The Board shall advise the Department on methods | ||||||
| 10 | of assistance, protection, conservation, and management of | ||||||
| 11 | State Historic Sites, which are all subject to Department | ||||||
| 12 | approval and available appropriations to implement those | ||||||
| 13 | recommendations. | ||||||
| 14 | (i) The Department shall provide administrative support to | ||||||
| 15 | the Board. | ||||||
| 16 | (Source: P.A. 103-768, eff. 8-2-24; revised 10-24-24.)
| ||||||
| 17 | (20 ILCS 3405/16) (from Ch. 127, par. 2716) | ||||||
| 18 | Sec. 16. The Department shall have the following | ||||||
| 19 | additional powers: | ||||||
| 20 | (a) To hire agents and employees necessary to carry | ||||||
| 21 | out the duties and purposes of this Act. | ||||||
| 22 | (b) To take all measures necessary to erect, maintain, | ||||||
| 23 | preserve, restore, and conserve all State Historic Sites, | ||||||
| 24 | except when supervision and maintenance is otherwise | ||||||
| 25 | provided by law. This authorization includes the power to | ||||||
| |||||||
| |||||||
| 1 | enter into contracts, acquire and dispose of real and | ||||||
| 2 | personal property, and enter into leases of real and | ||||||
| 3 | personal property. The Department has the power to | ||||||
| 4 | acquire, for purposes authorized by law, any real property | ||||||
| 5 | in fee simple subject to a life estate in the seller in not | ||||||
| 6 | more than 3 acres of the real property acquired, subject | ||||||
| 7 | to the restrictions that the life estate shall be used for | ||||||
| 8 | residential purposes only and that it shall be | ||||||
| 9 | non-transferable. | ||||||
| 10 | (c) To provide recreational facilities, including | ||||||
| 11 | campsites, lodges and cabins, trails, picnic areas, and | ||||||
| 12 | related recreational facilities, at all sites under the | ||||||
| 13 | jurisdiction of the Department. | ||||||
| 14 | (d) To lay out, construct, and maintain all needful | ||||||
| 15 | roads, parking areas, paths or trails, bridges, camp or | ||||||
| 16 | lodge sites, picnic areas, lodges and cabins, and any | ||||||
| 17 | other structures and improvements necessary and | ||||||
| 18 | appropriate in any State historic site or easement | ||||||
| 19 | thereto; and to provide water supplies, heat and light, | ||||||
| 20 | and sanitary facilities for the public and living quarters | ||||||
| 21 | for the custodians and keepers of State historic sites. | ||||||
| 22 | (e) To grant licenses and rights-of-way within the | ||||||
| 23 | areas controlled by the Department for the construction, | ||||||
| 24 | operation, and maintenance upon, under or across the | ||||||
| 25 | property, of facilities for water, sewage, telephone, | ||||||
| 26 | telegraph, electric, gas, or other public service, subject | ||||||
| |||||||
| |||||||
| 1 | to the terms and conditions as may be determined by the | ||||||
| 2 | Department. | ||||||
| 3 | (f) To authorize the officers, employees, and agents | ||||||
| 4 | of the Department, for the purposes of investigation and | ||||||
| 5 | to exercise the rights, powers, and duties vested and that | ||||||
| 6 | may be vested in it, to enter and cross all lands and | ||||||
| 7 | waters in this State, doing no damage to private property. | ||||||
| 8 | (g) To transfer jurisdiction of or exchange any realty | ||||||
| 9 | under the control of the Department to any other | ||||||
| 10 | Department of the State Government, or to any agency of | ||||||
| 11 | the Federal Government, or to acquire or accept Federal | ||||||
| 12 | lands, when any transfer, exchange, acquisition, or | ||||||
| 13 | acceptance is advantageous to the State and is approved in | ||||||
| 14 | writing by the Governor. | ||||||
| 15 | (h) To erect, supervise, and maintain all public | ||||||
| 16 | monuments and memorials erected by the State, except when | ||||||
| 17 | the supervision and maintenance of public monuments and | ||||||
| 18 | memorials is otherwise provided by law. | ||||||
| 19 | (i) To accept, hold, maintain, and administer, as | ||||||
| 20 | trustee, property given in trust for educational or | ||||||
| 21 | historic purposes for the benefit of the People of the | ||||||
| 22 | State of Illinois and to dispose of any property under the | ||||||
| 23 | terms of the instrument creating the trust. | ||||||
| 24 | (j) To lease concessions on any property under the | ||||||
| 25 | jurisdiction of the Department for a period not exceeding | ||||||
| 26 | 25 years and to lease a concession complex at Lincoln's | ||||||
| |||||||
| |||||||
| 1 | New Salem State Historic Site for which a cash incentive | ||||||
| 2 | has been authorized under Section 5.1 of this Act for a | ||||||
| 3 | period not to exceed 40 years. All leases, for whatever | ||||||
| 4 | period, shall be made subject to the written approval of | ||||||
| 5 | the Governor. All concession leases extending for a period | ||||||
| 6 | in excess of 10 years, will contain provisions for the | ||||||
| 7 | Department to participate, on a percentage basis, in the | ||||||
| 8 | revenues generated by any concession operation. | ||||||
| 9 | The Department is authorized to allow for provisions | ||||||
| 10 | for a reserve account and a leasehold account within | ||||||
| 11 | Department concession lease agreements for the purpose of | ||||||
| 12 | setting aside revenues for the maintenance, | ||||||
| 13 | rehabilitation, repair, improvement, and replacement of | ||||||
| 14 | the concession facility, structure, and equipment of the | ||||||
| 15 | Department that are part of the leased premises. | ||||||
| 16 | The lessee shall be required to pay into the reserve | ||||||
| 17 | account a percentage of gross receipts, as set forth in | ||||||
| 18 | the lease, to be set aside and expended in a manner | ||||||
| 19 | acceptable to the Department by the concession lessee for | ||||||
| 20 | the purpose of ensuring that an appropriate amount of the | ||||||
| 21 | lessee's moneys are provided by the lessee to satisfy the | ||||||
| 22 | lessee's incurred responsibilities for the operation of | ||||||
| 23 | the concession facility under the terms and conditions of | ||||||
| 24 | the concession lease. | ||||||
| 25 | The lessee account shall allow for the amortization of | ||||||
| 26 | certain authorized expenses that are incurred by the | ||||||
| |||||||
| |||||||
| 1 | concession lessee but that are not an obligation of the | ||||||
| 2 | lessee under the terms and conditions of the lease | ||||||
| 3 | agreement. The Department may allow a reduction of up to | ||||||
| 4 | 50% of the monthly rent due for the purpose of enabling the | ||||||
| 5 | recoupment of the lessee's authorized expenditures during | ||||||
| 6 | the term of the lease. | ||||||
| 7 | (k) To sell surplus agricultural products grown on | ||||||
| 8 | land owned by or under the jurisdiction of the Department, | ||||||
| 9 | when the products cannot be used by the Department. | ||||||
| 10 | (l) To enforce the laws of the State and the rules and | ||||||
| 11 | regulations of the Department in or on any lands owned, | ||||||
| 12 | leased, or managed by the Department. | ||||||
| 13 | (m) To cooperate with private organizations and | ||||||
| 14 | agencies of the State of Illinois by providing areas and | ||||||
| 15 | the use of staff personnel where feasible for the sale of | ||||||
| 16 | publications on the historic and cultural heritage of the | ||||||
| 17 | State and craft items made by Illinois craftsmen. These | ||||||
| 18 | sales shall not conflict with existing concession | ||||||
| 19 | agreements. The Department is authorized to negotiate with | ||||||
| 20 | the organizations and agencies for a portion of the monies | ||||||
| 21 | received from sales to be returned to the Illinois | ||||||
| 22 | Historic Sites Fund for the furtherance of interpretive | ||||||
| 23 | and restoration programs. | ||||||
| 24 | (n) To establish local bank or savings and loan | ||||||
| 25 | association accounts, upon the written authorization of | ||||||
| 26 | the Director, to temporarily hold income received at any | ||||||
| |||||||
| |||||||
| 1 | of its properties. The local accounts established under | ||||||
| 2 | this Section shall be in the name of the Department and | ||||||
| 3 | shall be subject to regular audits. The balance in a local | ||||||
| 4 | bank or savings and loan association account shall be | ||||||
| 5 | forwarded to the Department for deposit with the State | ||||||
| 6 | Treasurer on Monday of each week if the amount to be | ||||||
| 7 | deposited in a fund exceeds $500. | ||||||
| 8 | No bank or savings and loan association shall receive | ||||||
| 9 | public funds as permitted by this Section, unless it has | ||||||
| 10 | complied with the requirements established under Section 6 | ||||||
| 11 | of the Public Funds Investment Act. | ||||||
| 12 | (o) To accept offers of gifts, gratuities, or grants | ||||||
| 13 | from the federal government, its agencies, or offices, or | ||||||
| 14 | from any person, firm, or corporation. | ||||||
| 15 | (p) To make reasonable rules and regulations as may be | ||||||
| 16 | necessary to discharge the duties of the Department. | ||||||
| 17 | (q) With appropriate cultural organizations, to | ||||||
| 18 | further and advance the goals of the Department. | ||||||
| 19 | (r) To make grants for the purposes of planning, | ||||||
| 20 | survey, rehabilitation, restoration, reconstruction, | ||||||
| 21 | landscaping, and acquisition of Illinois properties (i) | ||||||
| 22 | designated individually in the National Register of | ||||||
| 23 | Historic Places, (ii) designated as a landmark under a | ||||||
| 24 | county or municipal landmark ordinance, or (iii) located | ||||||
| 25 | within a National Register of Historic Places historic | ||||||
| 26 | district or a locally designated historic district when | ||||||
| |||||||
| |||||||
| 1 | the Director determines that the property is of historic | ||||||
| 2 | significance whenever an appropriation is made therefor by | ||||||
| 3 | the General Assembly or whenever gifts or grants are | ||||||
| 4 | received for that purpose and to promulgate regulations as | ||||||
| 5 | may be necessary or desirable to carry out the purposes of | ||||||
| 6 | the grants. | ||||||
| 7 | Grantees may, as prescribed by rule, be required to | ||||||
| 8 | provide matching funds for each grant. Grants made under | ||||||
| 9 | this subsection shall be known as Illinois Heritage | ||||||
| 10 | Grants. | ||||||
| 11 | Every owner of a historic property, or the owner's | ||||||
| 12 | agent, is eligible to apply for a grant under this | ||||||
| 13 | subsection. | ||||||
| 14 | (s) To establish and implement a pilot program for | ||||||
| 15 | charging admission to State historic sites. Fees may be | ||||||
| 16 | charged for special events, admissions, and parking or any | ||||||
| 17 | combination; fees may be charged at all sites or selected | ||||||
| 18 | sites. All fees shall be deposited into the Illinois | ||||||
| 19 | Historic Sites Fund. The Department shall have the | ||||||
| 20 | discretion to set and adjust reasonable fees at the | ||||||
| 21 | various sites, taking into consideration various factors, | ||||||
| 22 | including, but not limited to: cost of services furnished | ||||||
| 23 | to each visitor, impact of fees on attendance and tourism, | ||||||
| 24 | and the costs expended collecting the fees. The Department | ||||||
| 25 | shall keep careful records of the income and expenses | ||||||
| 26 | resulting from the imposition of fees, shall keep records | ||||||
| |||||||
| |||||||
| 1 | as to the attendance at each historic site, and shall | ||||||
| 2 | report to the Governor and General Assembly by January 31 | ||||||
| 3 | after the close of each year. The report shall include | ||||||
| 4 | information on costs, expenses, attendance, comments by | ||||||
| 5 | visitors, and any other information the Department may | ||||||
| 6 | believe pertinent, including: | ||||||
| 7 | (1) Recommendations as to whether fees should be | ||||||
| 8 | continued at each State historic site. | ||||||
| 9 | (2) How the fees should be structured and imposed. | ||||||
| 10 | (3) Estimates of revenues and expenses associated | ||||||
| 11 | with each site. | ||||||
| 12 | (t) To provide for overnight tent and trailer | ||||||
| 13 | campsites and to provide suitable housing facilities for | ||||||
| 14 | student and juvenile overnight camping groups. The | ||||||
| 15 | Department shall charge rates similar to those charged by | ||||||
| 16 | the Department for the same or similar facilities and | ||||||
| 17 | services. | ||||||
| 18 | (u) To engage in marketing activities designed to | ||||||
| 19 | promote the sites and programs administered by the | ||||||
| 20 | Department. In undertaking these activities, the | ||||||
| 21 | Department may take all necessary steps with respect to | ||||||
| 22 | products and services, including, but not limited to, | ||||||
| 23 | retail sales, wholesale sales, direct marketing, mail | ||||||
| 24 | order sales, telephone sales, advertising and promotion, | ||||||
| 25 | purchase of product and materials inventory, design, | ||||||
| 26 | printing and manufacturing of new products, reproductions, | ||||||
| |||||||
| |||||||
| 1 | and adaptations, copyright and trademark licensing and | ||||||
| 2 | royalty agreements, and payment of applicable taxes. In | ||||||
| 3 | addition, the Department shall have the authority to sell | ||||||
| 4 | advertising in its publications and printed materials. All | ||||||
| 5 | income from marketing activities shall be deposited into | ||||||
| 6 | the Illinois Historic Sites Fund. | ||||||
| 7 | (v) To review and approve in writing rules adopted by | ||||||
| 8 | the Board. | ||||||
| 9 | (Source: P.A. 102-1005, eff. 5-27-22; 103-616, eff. 7-1-24; | ||||||
| 10 | 103-768, eff. 8-2-24; revised 10-7-24.)
| ||||||
| 11 | (20 ILCS 3405/21) | ||||||
| 12 | Sec. 21. Annual report. Beginning in 2025, the Department | ||||||
| 13 | shall submit an annual report, on or before June 30, to the | ||||||
| 14 | General Assembly containing a full list of the State Historic | ||||||
| 15 | Sites and the sites' sites designations, as recommended by the | ||||||
| 16 | Board and approved by the Department. | ||||||
| 17 | (Source: P.A. 103-768, eff. 8-2-24; revised 10-24-24.)
| ||||||
| 18 | Section 190. The Illinois Housing Development Act is | ||||||
| 19 | amended by changing Section 16 as follows:
| ||||||
| 20 | (20 ILCS 3805/16) (from Ch. 67 1/2, par. 316) | ||||||
| 21 | Sec. 16. The notes and bonds issued under this Act shall be | ||||||
| 22 | authorized by resolution of the members of the Authority, | ||||||
| 23 | shall bear such date or dates, and shall mature at such time or | ||||||
| |||||||
| |||||||
| 1 | times, in the case of any note, or any renewal thereof, not | ||||||
| 2 | exceeding 15 years (or such longer time not exceeding 25 years | ||||||
| 3 | if the Authority shall determine, with respect to notes issued | ||||||
| 4 | in anticipation of bonds, that a longer maturity date is | ||||||
| 5 | required in order to assure the ability to issue the bonds), | ||||||
| 6 | from the date of issue of such original note, and in the case | ||||||
| 7 | of any bond not exceeding 50 years from the date of issue, as | ||||||
| 8 | the resolution may provide. The bonds may be issued as serial | ||||||
| 9 | bonds or as term bonds or as a combination thereof. The notes | ||||||
| 10 | and bonds shall bear interest at such rate or rates as shall be | ||||||
| 11 | determined by the members of the Authority by the resolution | ||||||
| 12 | authorizing issuance of the bonds and notes provided, however, | ||||||
| 13 | that notes and bonds issued after July 1, 1983, shall bear | ||||||
| 14 | interest at such rate or rates not exceeding the greater of (i) | ||||||
| 15 | the maximum rate established in the Bond Authorization Act "An | ||||||
| 16 | Act to authorize public corporations to issue bonds, other | ||||||
| 17 | evidences of indebtedness and tax anticipation warrants | ||||||
| 18 | subject to interest rate limitations set forth therein", | ||||||
| 19 | approved May 26, 1970, as from time to time in effect; (ii) 11% | ||||||
| 20 | per annum; or (iii) 70% of the prime commercial rate in effect | ||||||
| 21 | at the time the contract is made. In the event the Authority | ||||||
| 22 | issues notes or bonds not exempt from income taxation under | ||||||
| 23 | the Internal Revenue Code of 1954, as amended, such notes or | ||||||
| 24 | bonds shall bear interest at a rate or rates as shall be | ||||||
| 25 | determined by the members of the Authority by the resolution | ||||||
| 26 | authorizing issuance of the bonds and notes. Prime commercial | ||||||
| |||||||
| |||||||
| 1 | rate means such prime rate as from time to time is publicly | ||||||
| 2 | announced by the largest commercial banking institution | ||||||
| 3 | located in this State, measured in terms of total assets. A | ||||||
| 4 | contract is made with respect to notes or bonds when the | ||||||
| 5 | Authority is contractually obligated to issue and sell such | ||||||
| 6 | notes or bonds to a purchaser who is contractually obligated | ||||||
| 7 | to purchase them. The notes and bonds shall be in such | ||||||
| 8 | denominations, be in such form, either coupon or registered, | ||||||
| 9 | carry such registration privileges, be executed in such | ||||||
| 10 | manner, be payable in such medium of payment, at such place or | ||||||
| 11 | places and be subject to such terms of redemption as such | ||||||
| 12 | resolution or resolutions may provide. The notes and bonds of | ||||||
| 13 | the Authority may be sold by the Authority, at public or | ||||||
| 14 | private sale, at such price or prices as the Authority shall | ||||||
| 15 | determine. | ||||||
| 16 | In lieu of establishing the rate at which notes or bonds of | ||||||
| 17 | the Authority shall bear interest and the price at which the | ||||||
| 18 | notes or bonds shall be sold, the resolution authorizing their | ||||||
| 19 | issuance may set maximum and minimum prices, interest rates, | ||||||
| 20 | and annual interest cost to the Authority for that issue of | ||||||
| 21 | notes or bonds (computed as the resolution shall provide), | ||||||
| 22 | such that the difference between the maximum and minimum | ||||||
| 23 | annual interest cost shall not exceed 1% of the principal | ||||||
| 24 | amount of the notes or bonds. Such a resolution shall | ||||||
| 25 | authorize any 2 two of the Chairman, Treasurer, or Director | ||||||
| 26 | (or in the Director's absence, the Deputy Director) to | ||||||
| |||||||
| |||||||
| 1 | establish the actual price and interest rate within the range | ||||||
| 2 | established by the resolution. In lieu of establishing the | ||||||
| 3 | dates, maturities, or other terms of the notes or bonds, the | ||||||
| 4 | resolution authorizing their issuance may authorize any 2 two | ||||||
| 5 | of the Chairman, Treasurer, or Director (or in the Director's | ||||||
| 6 | absence, the Deputy Director) to establish such dates, | ||||||
| 7 | maturities, and other terms within ranges or criteria | ||||||
| 8 | established by the resolution. | ||||||
| 9 | In connection with the issuance of its notes and bonds, | ||||||
| 10 | the Authority may enter into arrangements to provide | ||||||
| 11 | additional security and liquidity for the notes and bonds. | ||||||
| 12 | These may include, without limitation, letters of credit, | ||||||
| 13 | lines of credit by which the Authority may borrow funds to pay | ||||||
| 14 | or redeem its notes or bonds, and purchase or remarketing | ||||||
| 15 | arrangements for assuring the ability of owners of the | ||||||
| 16 | Authority's notes and bonds to sell or to have redeemed their | ||||||
| 17 | notes and bonds. The Authority may enter into contracts and | ||||||
| 18 | may agree to pay fees to persons providing such arrangements, | ||||||
| 19 | but only under circumstances in which the total interest paid | ||||||
| 20 | or to be paid on the notes or bonds, together with the fees for | ||||||
| 21 | the arrangements (being treated as if interest), would not, | ||||||
| 22 | taken together, cause the notes or bonds to bear interest, | ||||||
| 23 | calculated to their absolute maturity, at a rate in excess of | ||||||
| 24 | the maximum rate allowed by this Act. | ||||||
| 25 | The resolution of the Authority authorizing the issuance | ||||||
| 26 | of its notes or bonds may provide that interest rates may vary | ||||||
| |||||||
| |||||||
| 1 | from time to time depending upon criteria established by the | ||||||
| 2 | Authority, which may include, without limitation, a variation | ||||||
| 3 | in interest rates as may be necessary to cause notes or bonds | ||||||
| 4 | to be remarketable from time to time at a price equal to their | ||||||
| 5 | principal amount (or compound accredited value in case of | ||||||
| 6 | original issue discount bonds), and may provide for | ||||||
| 7 | appointment of a national banking association, bank, trust | ||||||
| 8 | company, investment bank, or other financial institution to | ||||||
| 9 | serve as a remarketing agent in that connection. The | ||||||
| 10 | resolution of the Authority authorizing the issuance of its | ||||||
| 11 | notes or bonds may provide that alternative interest rates or | ||||||
| 12 | provisions will apply during such times as the notes or bonds | ||||||
| 13 | are held by a person providing a letter of credit or other | ||||||
| 14 | credit enhancement arrangement for those notes or bonds. | ||||||
| 15 | Notwithstanding any other provisions of law, there shall be no | ||||||
| 16 | statutory limitation on the interest rates which such variable | ||||||
| 17 | rate notes and bonds may bear from time to time. | ||||||
| 18 | In addition to the other authorizations contained in this | ||||||
| 19 | Section, the Authority may adopt a resolution or resolutions | ||||||
| 20 | granting to any 2 two of the Chairman, Treasurer, or Director | ||||||
| 21 | (or in the Director's absence, the Deputy Director) the power | ||||||
| 22 | to authorize issuance of notes or bonds, or both, on behalf of | ||||||
| 23 | the Authority from time to time without further resolution of | ||||||
| 24 | the Authority. Any such resolution shall contain a statement | ||||||
| 25 | of the maximum aggregate amount of notes or bonds that may be | ||||||
| 26 | outstanding at any one time pursuant to the authorization | ||||||
| |||||||
| |||||||
| 1 | granted in such resolution. Such resolution shall also contain | ||||||
| 2 | a statement of the period of time during which such notes or | ||||||
| 3 | bonds of the Authority may be so issued. Such resolution shall | ||||||
| 4 | also delegate specifically or generally to the persons | ||||||
| 5 | empowered to authorize issuance of the notes or bonds the | ||||||
| 6 | authority to establish or approve any or all matters relating | ||||||
| 7 | to the issuance and sale of the notes or bonds, which may | ||||||
| 8 | include the interest rates, if any, which the notes or bonds | ||||||
| 9 | shall bear and the prices (including premiums or discounts, if | ||||||
| 10 | any) at which they shall be issued and sold, or the criteria | ||||||
| 11 | upon which such interest rates and prices may vary, the | ||||||
| 12 | appointment of remarketing agents, the approval of alternative | ||||||
| 13 | interest rates, whether there shall be any statutory or other | ||||||
| 14 | limitation on the interest rates which such notes or bonds may | ||||||
| 15 | bear (treating as if interest the fees for any arrangements to | ||||||
| 16 | provide additional security and liquidity for the notes and | ||||||
| 17 | bonds), and the dates, maturities, and other terms and | ||||||
| 18 | conditions on which the notes or bonds shall be issued and | ||||||
| 19 | sold. Any or all of such matters may vary from issue to issue | ||||||
| 20 | and within an issue. Any such resolution may set forth the | ||||||
| 21 | criteria by which any or all of the matters entrusted to the | ||||||
| 22 | persons designated in such resolution are to be established or | ||||||
| 23 | approved, and may grant the power to authorize issuance of | ||||||
| 24 | notes or bonds which are exempt from income taxation under the | ||||||
| 25 | Internal Revenue Code of 1954, as amended, or which are not | ||||||
| 26 | exempt. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any other provision of law, and in | ||||||
| 2 | addition to any other authority provided by law, with respect | ||||||
| 3 | to mortgage or other loans made by it, the Authority may | ||||||
| 4 | require payments of principal, make interest charges, and | ||||||
| 5 | impose prepayment premiums or penalties (in addition to any | ||||||
| 6 | fees or charges made by the Authority) so that such principal, | ||||||
| 7 | interest and premiums or penalties are sufficient to enable | ||||||
| 8 | the Authority to pay when due all principal, interest, and | ||||||
| 9 | redemption premiums or penalties on any notes or bonds issued | ||||||
| 10 | by the Authority to finance or continue the financing of such | ||||||
| 11 | loans (including a proportionate share of such bonds or notes | ||||||
| 12 | issued to fund reserves or to cover any discount) and to make | ||||||
| 13 | any required deposits in any reserve funds; and any contract | ||||||
| 14 | relating to any mortgage or other loan made by the Authority | ||||||
| 15 | may provide for changes during its term in the rate at which | ||||||
| 16 | interest shall be paid, to the extent the changes are provided | ||||||
| 17 | for in order to enable the Authority to make payments with | ||||||
| 18 | respect to bonds or notes as provided in this Section. | ||||||
| 19 | (Source: P.A. 85-1450; revised 7-18-24.)
| ||||||
| 20 | Section 195. The Increasing Representation of Women in | ||||||
| 21 | Technology Task Force Act is amended by changing Section 5 as | ||||||
| 22 | follows:
| ||||||
| 23 | (20 ILCS 4131/5) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5. Increasing Representation of Women in Technology | ||||||
| 2 | Task Force; membership. | ||||||
| 3 | (a) The Increasing Representation of Women in Technology | ||||||
| 4 | Task Force is hereby established within the Illinois Workforce | ||||||
| 5 | Innovation Board. | ||||||
| 6 | (b) The Task Force shall consist of the following members: | ||||||
| 7 | (1) one member of the Senate, appointed by the | ||||||
| 8 | President of the Senate; | ||||||
| 9 | (2) one member of the Senate, appointed by the | ||||||
| 10 | Minority Leader of the Senate; | ||||||
| 11 | (3) one member of the House of Representatives, | ||||||
| 12 | appointed by the Speaker of the House of Representatives; | ||||||
| 13 | (4) one member of the House of Representatives, | ||||||
| 14 | appointed by the Minority Leader of the House of | ||||||
| 15 | Representatives; | ||||||
| 16 | (5) the Director of the Governor's Office of | ||||||
| 17 | Management and Budget, or the Director's designee; | ||||||
| 18 | (6) one member representing a statewide labor | ||||||
| 19 | organization, appointed by the Governor; | ||||||
| 20 | (7) one member representing a national laboratory that | ||||||
| 21 | is a multi-disciplinary science and engineering research | ||||||
| 22 | center, appointed by the Governor; | ||||||
| 23 | (8) the Chief Equity Officer of the State of Illinois | ||||||
| 24 | Office of Equity or the Chief Equity Officer's designee; | ||||||
| 25 | (9) one member representing local or State economic | ||||||
| 26 | development interests, appointed by the Governor; | ||||||
| |||||||
| |||||||
| 1 | (10) one member representing women in technology, | ||||||
| 2 | appointed by the Governor; | ||||||
| 3 | (11) one member representing a technology | ||||||
| 4 | manufacturing corporation, appointed by the Governor; | ||||||
| 5 | (12) 4 members representing companies that have been | ||||||
| 6 | recognized for the recruitment, advancement, and retention | ||||||
| 7 | of women in technology positions and the corresponding | ||||||
| 8 | management chain in the last 3 years, appointed by the | ||||||
| 9 | Governor; | ||||||
| 10 | (13) one member from a community-based organization | ||||||
| 11 | that supports women in technology, appointed by the | ||||||
| 12 | Governor; | ||||||
| 13 | (14) the Vice Chancellor of Diversity, Equity & | ||||||
| 14 | Inclusion of the University of Illinois Office of the Vice | ||||||
| 15 | Chancellor of Diversity, Equity & Inclusion, or the Vice | ||||||
| 16 | Chancellor's designee; | ||||||
| 17 | (15) the Executive Director of the Illinois Community | ||||||
| 18 | College Board, or the Executive Director's designee; | ||||||
| 19 | (16) one member with knowledge of diversity, equity, | ||||||
| 20 | and inclusion best practices from an advocacy group | ||||||
| 21 | representing women in technology, appointed by the | ||||||
| 22 | Governor; and | ||||||
| 23 | (17) a chairperson of the Illinois Workforce | ||||||
| 24 | Innovation Board, appointed by the Illinois Workforce | ||||||
| 25 | Innovation Board, or that chairperson's designee. | ||||||
| 26 | (c) The members of the Task Force shall serve without | ||||||
| |||||||
| |||||||
| 1 | compensation. | ||||||
| 2 | (d) The Task Force shall meet at least quarterly to | ||||||
| 3 | fulfill its duties under this Act. At the first meeting of the | ||||||
| 4 | Task Force, the Task Force shall elect 2 co-chairs cochairs; | ||||||
| 5 | one chair shall be a standing member of the Illinois Workforce | ||||||
| 6 | Innovation Board, and one chair shall be selected from among | ||||||
| 7 | members of the Task Force. | ||||||
| 8 | (e) The Illinois Workforce Innovation Board shall, in | ||||||
| 9 | consultation with an Illinois public college or university, | ||||||
| 10 | provide administrative and other support to the Task Force. | ||||||
| 11 | (Source: P.A. 103-912, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 12 | Section 200. The Water Plan Task Force Act is amended by | ||||||
| 13 | changing Section 10 as follows:
| ||||||
| 14 | (20 ILCS 4132/10) | ||||||
| 15 | Sec. 10. State Water Plan Task Force. | ||||||
| 16 | (a) There shall be established within State government and | ||||||
| 17 | universities an interagency task force which shall be known as | ||||||
| 18 | the State Water Plan Task Force. The Task Force shall be | ||||||
| 19 | chaired by the Director of the Office of Water Resources of the | ||||||
| 20 | Department of Natural Resources and composed of the directors, | ||||||
| 21 | or their designee, from the following State entities: | ||||||
| 22 | (1) The Office of Resource Conservation of the | ||||||
| 23 | Department of Natural Resources. | ||||||
| 24 | (2) The Department of Public Health. | ||||||
| |||||||
| |||||||
| 1 | (3) The Environmental Protection Agency. | ||||||
| 2 | (4) The Department of Transportation. | ||||||
| 3 | (5) The Department of Agriculture. | ||||||
| 4 | (6) The Department of Transportation. | ||||||
| 5 | (7) The Illinois Emergency Management Agency and | ||||||
| 6 | Office of Homeland Security. | ||||||
| 7 | (8) The Pollution Control Board | ||||||
| 8 | (9) The Department of Commerce and Economic | ||||||
| 9 | Opportunity. | ||||||
| 10 | (10) The State Water Survey of the University of | ||||||
| 11 | Illinois. | ||||||
| 12 | (11) The Water Resource Center of the University of | ||||||
| 13 | Illinois. | ||||||
| 14 | (b) The Task Force shall coordinate with State agencies | ||||||
| 15 | and universities to develop a concise plan for addressing | ||||||
| 16 | water issues facing the State. | ||||||
| 17 | (c) The Task Force shall: | ||||||
| 18 | (1) identify critical water issues; | ||||||
| 19 | (2) develop recommendations to address critical water | ||||||
| 20 | topic issues; | ||||||
| 21 | (3) implement recommendations; and | ||||||
| 22 | (4) reevaluate critical water issues and needs. | ||||||
| 23 | (d) The Task Force shall publish a State Water Plan not | ||||||
| 24 | less than every 10 years. The Plan shall include: | ||||||
| 25 | (1) Identification of critical water topics needing | ||||||
| 26 | specific attention in this State based on stakeholder | ||||||
| |||||||
| |||||||
| 1 | input sought and provided during the plan development. | ||||||
| 2 | (2) A Topic Lead as an individual from the Task Force | ||||||
| 3 | membership responsible for ensuring the development of the | ||||||
| 4 | Topic Lead's assigned critical topic section of the Plan. | ||||||
| 5 | (3) (Blank). Plan development shall include public | ||||||
| 6 | outreach phases to obtain feedback on the most critical | ||||||
| 7 | water issues faced by the State and how to address those | ||||||
| 8 | issues. | ||||||
| 9 | (4) Recommendations related to the identified issues | ||||||
| 10 | for each critical topic, including, but not limited to: | ||||||
| 11 | (A) New State programs or modification to existing | ||||||
| 12 | programs. | ||||||
| 13 | (B) New or modified existing policy within a | ||||||
| 14 | program or agency. | ||||||
| 15 | (C) New or modified legislation. | ||||||
| 16 | (D) Requests for a study or research to be | ||||||
| 17 | completed. | ||||||
| 18 | (E) Proposals or designs of a construction | ||||||
| 19 | project. | ||||||
| 20 | (F) Funding requests for the above listed | ||||||
| 21 | recommendations. | ||||||
| 22 | Plan development shall include public outreach phases to | ||||||
| 23 | obtain feedback on the most critical water issues faced by the | ||||||
| 24 | State and how to address those issues. | ||||||
| 25 | (5) No more than 2 years shall be used to develop a new | ||||||
| 26 | Plan. | ||||||
| |||||||
| |||||||
| 1 | (6) The Task Force shall develop and maintain a publicly | ||||||
| 2 | available website or portal that summarizes projects of the | ||||||
| 3 | Task Force. | ||||||
| 4 | (e) The Task Force shall be responsible for developing | ||||||
| 5 | membership voting and operational rules. | ||||||
| 6 | (f) The Task Force shall meet not less than once per | ||||||
| 7 | quarter each calendar year to: | ||||||
| 8 | (1) Update the status of the Plan recommendations by | ||||||
| 9 | providing an a implementation summary that will be | ||||||
| 10 | published to the official Task Force website or portal. | ||||||
| 11 | (2) Review, evaluate, and publish an annual report | ||||||
| 12 | showing the implementation status for each of the Plan's | ||||||
| 13 | recommendations. | ||||||
| 14 | (g) The Task Force shall have the authority to: | ||||||
| 15 | (1) Create and use subtask forces or committees to | ||||||
| 16 | identify identifying critical issues and implement | ||||||
| 17 | implementing recommendations related to the Plan. | ||||||
| 18 | (2) Publish special reports specific to critical | ||||||
| 19 | topics to add clarification and provide additional details | ||||||
| 20 | of action needed. | ||||||
| 21 | (3) Review and evaluate State laws, rules, | ||||||
| 22 | regulations, and procedures that relate to water needs in | ||||||
| 23 | the state. | ||||||
| 24 | (4) Recommend procedures for better coordination among | ||||||
| 25 | State water-related programs, with local programs and | ||||||
| 26 | stakeholder groups. | ||||||
| |||||||
| |||||||
| 1 | (5) Recommend and prioritize the State's water-related | ||||||
| 2 | water related research needs. | ||||||
| 3 | (6) Review, coordinate, and evaluate water data | ||||||
| 4 | collection, analysis, and public sharing. | ||||||
| 5 | (7) Allow member entities to request annual | ||||||
| 6 | appropriations to resource necessary staff participation | ||||||
| 7 | on the Task Force and resource Plan development. | ||||||
| 8 | (Source: P.A. 103-917, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 9 | Section 205. The Family Recovery Plans Implementation Task | ||||||
| 10 | Force Act is amended by changing Sections 15 and 35 as follows:
| ||||||
| 11 | (20 ILCS 4133/15) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 13 | Sec. 15. Composition. The Family Recovery Plan | ||||||
| 14 | Implementation Task Force is created within the Department of | ||||||
| 15 | Human Services and shall consist of members appointed as | ||||||
| 16 | follows: | ||||||
| 17 | (1) The President of the Senate, or his or her | ||||||
| 18 | designee, shall appoint: one member of the Senate; one | ||||||
| 19 | member representing a statewide organization that | ||||||
| 20 | advocates on behalf of community-based services for | ||||||
| 21 | children and families; and one member from a statewide | ||||||
| 22 | organization representing a majority of hospitals. | ||||||
| 23 | (2) The Senate Minority Leader, or his or her | ||||||
| 24 | designee, shall appoint: one member of the Senate; one | ||||||
| |||||||
| |||||||
| 1 | member from an organization conducting quality improvement | ||||||
| 2 | initiatives to improve perinatal health; and one member | ||||||
| 3 | with relevant lived experience, as recommended by a | ||||||
| 4 | reproductive justice advocacy organization with expertise | ||||||
| 5 | in perinatal and infant health and birth equity. | ||||||
| 6 | (3) The Speaker of the House of Representatives, or | ||||||
| 7 | his or her designee, shall appoint: one member of the | ||||||
| 8 | House of Representatives; one member who is a licensed | ||||||
| 9 | obstetrician-gynecologist, as recommended by a statewide | ||||||
| 10 | organization representing obstetricians and | ||||||
| 11 | gynecologists; and one member with relevant lived | ||||||
| 12 | experience, as recommended by a reproductive justice | ||||||
| 13 | advocacy organization with expertise in perinatal and | ||||||
| 14 | infant health and birth equity. | ||||||
| 15 | (4) The House Minority Leader, or his or her designee, | ||||||
| 16 | shall appoint: one member of the House of Representatives; | ||||||
| 17 | one member who is a licensed physician specializing in | ||||||
| 18 | child abuse and neglect, as recommended by a statewide | ||||||
| 19 | organization representing pediatricians; and one member | ||||||
| 20 | who is a licensed physician specializing in perinatal | ||||||
| 21 | substance use disorder treatment, as recommended by a | ||||||
| 22 | statewide organization representing physicians. | ||||||
| 23 | (5) The Director of Children and Family Services, or | ||||||
| 24 | the Director's designee. | ||||||
| 25 | (6) The exclusive collective bargaining representative | ||||||
| 26 | of the majority of front-line employees at the Department | ||||||
| |||||||
| |||||||
| 1 | of Children and Family Services, or the representative's | ||||||
| 2 | designee. | ||||||
| 3 | (7) The Secretary of Human Services, or the | ||||||
| 4 | Secretary's designee. | ||||||
| 5 | (8) The Director of Public Health, or the Director's | ||||||
| 6 | designee. | ||||||
| 7 | (9) The Cook County Public Guardian, or the Cook | ||||||
| 8 | County Public Guardian's designee. | ||||||
| 9 | (Source: P.A. 103-941, eff. 8-9-24; revised 10-21-24.)
| ||||||
| 10 | (20 ILCS 4133/35) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 12 | Sec. 35. Repeal. The Task Force is dissolved, and this Act | ||||||
| 13 | is repealed, on, January 1, 2027. | ||||||
| 14 | (Source: P.A. 103-941, eff. 8-9-24; revised 10-21-24.)
| ||||||
| 15 | Section 210. The Opportunities for At-Risk Women Act is | ||||||
| 16 | amended by changing Section 10 as follows:
| ||||||
| 17 | (20 ILCS 5075/10) | ||||||
| 18 | Sec. 10. Duties of the Task Force. | ||||||
| 19 | (a) The Task Force shall strategize and design a plan for | ||||||
| 20 | the Department of Commerce and Economic Opportunity to partner | ||||||
| 21 | and outsource with State and local governmental agencies, | ||||||
| 22 | companies, and organizations that aid in helping at-risk women | ||||||
| 23 | and their families become successful productive citizens. | ||||||
| |||||||
| |||||||
| 1 | (b) This partnership will include material distribution of | ||||||
| 2 | available resources offered in their communities as well as | ||||||
| 3 | referrals to organizations and companies that provide | ||||||
| 4 | necessary services to aid aide in their success. The following | ||||||
| 5 | are targeted areas of assistance and outsourcing: housing | ||||||
| 6 | assistance; educational information on enhancement and | ||||||
| 7 | advancement; parenting and family bonding classes; financial | ||||||
| 8 | education and literacy, including budgeting; quality | ||||||
| 9 | afterschool programming, including tutoring; self-esteem and | ||||||
| 10 | empowerment classes; healthy relationships classes for the | ||||||
| 11 | entire family, including warning signs and appropriate | ||||||
| 12 | handling of bullying; integrity classes; social etiquette | ||||||
| 13 | classes; job preparedness workshops; temperament behavior | ||||||
| 14 | classes, including anger management; addiction and recovery | ||||||
| 15 | clinics, including referrals; health education classes; job | ||||||
| 16 | training opportunities; and the expansion of Redeploy Illinois | ||||||
| 17 | into Cook County. | ||||||
| 18 | (c) For the purposes of this Act, "at-risk women" means | ||||||
| 19 | women who are at increased risk of incarceration because of | ||||||
| 20 | poverty, abuse, addiction, financial challenges, illiteracy, | ||||||
| 21 | or other causes. The term "at-risk women" may include, but | ||||||
| 22 | shall not be limited to, women who have previously been | ||||||
| 23 | incarcerated. | ||||||
| 24 | (Source: P.A. 99-416, eff. 1-1-16; revised 7-24-24.)
| ||||||
| 25 | Section 215. The Legislative Commission Reorganization Act | ||||||
| |||||||
| |||||||
| 1 | of 1984 is amended by changing Section 4-2.1 as follows:
| ||||||
| 2 | (25 ILCS 130/4-2.1) | ||||||
| 3 | Sec. 4-2.1. Federal program functions. The Commission on | ||||||
| 4 | Government Forecasting and Accountability is established as | ||||||
| 5 | the information center for the General Assembly in the field | ||||||
| 6 | of federal-state relations and as State Central Information | ||||||
| 7 | Reception Agency for the purpose of receiving information from | ||||||
| 8 | federal agencies under the United States Office of Management | ||||||
| 9 | and Budget circular A-98 and the United States Department of | ||||||
| 10 | the Treasury Circular TC-1082 or any successor circulars | ||||||
| 11 | promulgated under authority of the United States | ||||||
| 12 | Intergovernmental Inter-governmental Cooperation Act of 1968. | ||||||
| 13 | Its powers and duties in this capacity include, but are not | ||||||
| 14 | limited to: | ||||||
| 15 | (a) Compiling and maintaining current information on | ||||||
| 16 | available and pending federal aid programs for the use of | ||||||
| 17 | the General Assembly and legislative agencies; | ||||||
| 18 | (b) Analyzing the relationship of federal aid programs | ||||||
| 19 | with state and locally financed programs, and assessing | ||||||
| 20 | the impact of federal aid programs on the State generally; | ||||||
| 21 | (c) Reporting annually to the General Assembly on the | ||||||
| 22 | adequacy of programs financed by federal aid in the State, | ||||||
| 23 | the types and nature of federal aid programs in which | ||||||
| 24 | State agencies or local governments did not participate, | ||||||
| 25 | and to make recommendations on such matters; | ||||||
| |||||||
| |||||||
| 1 | (d) Cooperating with the Governor's Office of | ||||||
| 2 | Management and Budget and with any State of Illinois | ||||||
| 3 | offices located in Washington, D.C., in obtaining | ||||||
| 4 | information concerning federal grant-in-aid legislation | ||||||
| 5 | and proposals having an impact on the State of Illinois; | ||||||
| 6 | (e) (Blank); | ||||||
| 7 | (f) Receiving from every State agency, other than | ||||||
| 8 | State colleges and universities, agencies of legislative | ||||||
| 9 | and judicial branches of State government, and elected | ||||||
| 10 | State executive officers not including the Governor, all | ||||||
| 11 | applications for federal grants, contracts and agreements | ||||||
| 12 | and notification of any awards of federal funds and any | ||||||
| 13 | and all changes in the programs, in awards, in program | ||||||
| 14 | duration, in schedule of fund receipts, and in estimated | ||||||
| 15 | costs to the State of maintaining the program if and when | ||||||
| 16 | federal assistance is terminated, or in direct and | ||||||
| 17 | indirect costs, of any grant under which they are or | ||||||
| 18 | expect to be receiving federal funds; | ||||||
| 19 | (g) (Blank); and | ||||||
| 20 | (h) Reporting such information as is received under | ||||||
| 21 | subparagraph (f) to the President and Minority Leader of | ||||||
| 22 | the Senate and the Speaker and Minority Leader of the | ||||||
| 23 | House of Representatives and their respective | ||||||
| 24 | appropriation staffs and to any member of the General | ||||||
| 25 | Assembly on a monthly basis at the request of the member. | ||||||
| 26 | The State colleges and universities, the agencies of the | ||||||
| |||||||
| |||||||
| 1 | legislative and judicial branches of State government, and the | ||||||
| 2 | elected State executive officers, not including the Governor, | ||||||
| 3 | shall submit to the Commission on Government Forecasting and | ||||||
| 4 | Accountability, in a manner prescribed by the Commission on | ||||||
| 5 | Government Forecasting and Accountability, summaries of | ||||||
| 6 | applications for federal funds filed and grants of federal | ||||||
| 7 | funds awarded. | ||||||
| 8 | (Source: P.A. 103-616, eff. 7-1-24; revised 10-23-24.)
| ||||||
| 9 | Section 220. The Legislative Reference Bureau Act is | ||||||
| 10 | amended by changing Section 5.04 as follows:
| ||||||
| 11 | (25 ILCS 135/5.04) (from Ch. 63, par. 29.4) | ||||||
| 12 | Sec. 5.04. Codification and revision of statutes. | ||||||
| 13 | (a) As soon as possible after the effective date of this | ||||||
| 14 | amendatory Act of 1992, the Legislative Reference Bureau shall | ||||||
| 15 | file with the Index Division of the Office of the Secretary of | ||||||
| 16 | State, the General Assembly, the Governor, and the Supreme | ||||||
| 17 | Court a compilation of the general Acts of Illinois. At that | ||||||
| 18 | time and at any other time the Legislative Reference Bureau | ||||||
| 19 | may file with the Index Division of the Office of the Secretary | ||||||
| 20 | of State cross-reference tables comparing the compilation and | ||||||
| 21 | the Illinois Revised Statutes. The Legislative Reference | ||||||
| 22 | Bureau shall provide copies of the documents that are filed to | ||||||
| 23 | each individual or entity that delivers a written request for | ||||||
| 24 | copies to the Legislative Reference Bureau; the Legislative | ||||||
| |||||||
| |||||||
| 1 | Reference Bureau, by resolution, may establish and charge a | ||||||
| 2 | reasonable fee for providing copies. The compilation shall | ||||||
| 3 | take effect on January 1, 1993. The compilation shall be cited | ||||||
| 4 | as the "Illinois Compiled Statutes" or as "ILCS". The Illinois | ||||||
| 5 | Compiled Statutes, including the statutes themselves and the | ||||||
| 6 | organizational and numbering scheme, shall be an official | ||||||
| 7 | compilation of the general Acts of Illinois and shall be | ||||||
| 8 | entirely in the public domain for purposes of federal | ||||||
| 9 | copyright law. | ||||||
| 10 | (b) The compilation document that is filed under | ||||||
| 11 | subsection (a) shall divide the general Acts into major topic | ||||||
| 12 | areas and into chapters within those areas; the document shall | ||||||
| 13 | list the general Acts by title or short title, but need not | ||||||
| 14 | contain the text of the statutes or specify individual | ||||||
| 15 | Sections of Acts. Chapters shall be numbered. Each Act shall | ||||||
| 16 | be assigned to a chapter and shall be ordered within that | ||||||
| 17 | chapter. An Act prefix number shall be designated for each Act | ||||||
| 18 | within each chapter. Chapters may be divided into subheadings. | ||||||
| 19 | Citation to a section of ILCS shall be in the form "X ILCS | ||||||
| 20 | Y/Z(A)", where X is the chapter number, Y is the Act prefix | ||||||
| 21 | number, Z is the Section number of the Act, Y/Z is the section | ||||||
| 22 | number in the chapter of ILCS, and A is the year of | ||||||
| 23 | publication, if applicable. | ||||||
| 24 | (c) The Legislative Reference Bureau shall make additions, | ||||||
| 25 | deletions, and changes to the organizational or numbering | ||||||
| 26 | scheme of the Illinois Compiled Statutes by filing appropriate | ||||||
| |||||||
| |||||||
| 1 | documents with the Index Department Division of the Office of | ||||||
| 2 | the Secretary of State. The Legislative Reference Bureau shall | ||||||
| 3 | also provide copies of the documents that are filed to each | ||||||
| 4 | individual or entity that delivers a written request for | ||||||
| 5 | copies to the Legislative Reference Bureau; the Legislative | ||||||
| 6 | Reference Bureau, by resolution, may establish and charge a | ||||||
| 7 | reasonable fee for providing copies. The additions, deletions, | ||||||
| 8 | and changes to the organizational or numbering scheme of the | ||||||
| 9 | Illinois Compiled Statutes shall take effect 30 days after | ||||||
| 10 | filing with the Index Department Division. | ||||||
| 11 | (d) Omission of an effective Act or Section of an Act from | ||||||
| 12 | ILCS does not alter the effectiveness of that Act or Section. | ||||||
| 13 | Inclusion of a repealed Act or Section of an Act in ILCS does | ||||||
| 14 | not affect the repeal of that Act or Section. | ||||||
| 15 | (e) In order to allow for an efficient transition to the | ||||||
| 16 | organizational and numbering scheme of the Illinois Compiled | ||||||
| 17 | Statutes, the State, units of local government, school | ||||||
| 18 | districts, and other governmental entities may, for a | ||||||
| 19 | reasonable period of time, continue to use forms, computer | ||||||
| 20 | software, systems, and data, published rules, and any other | ||||||
| 21 | electronically stored information and printed documents that | ||||||
| 22 | contain references to the Illinois Revised Statutes. However, | ||||||
| 23 | reports of criminal, traffic, and other offenses and | ||||||
| 24 | violations that are part of a state-wide reporting system | ||||||
| 25 | shall continue to be made by reference to the Illinois Revised | ||||||
| 26 | Statutes until July 1, 1994, and on and after that date shall | ||||||
| |||||||
| |||||||
| 1 | be made by reference to the Illinois Compiled Statutes, except | ||||||
| 2 | that an earlier conversion date may be established by | ||||||
| 3 | agreement among all of the following: the Supreme Court, the | ||||||
| 4 | Secretary of State, the Director of State Police, the Circuit | ||||||
| 5 | Clerk of Cook County, and the Circuit Clerk of DuPage County, | ||||||
| 6 | or the designee of each. References to the Illinois Revised | ||||||
| 7 | Statutes are deemed to be references to the corresponding | ||||||
| 8 | provisions of the Illinois Compiled Statutes. | ||||||
| 9 | (f) The Legislative Reference Bureau, with the assistance | ||||||
| 10 | of the Legislative Information System, shall make its | ||||||
| 11 | electronically stored database of the statutes and the | ||||||
| 12 | compilation available in an electronically stored medium to | ||||||
| 13 | those who request it; the Legislative Reference Bureau, by | ||||||
| 14 | resolution, shall establish and charge a reasonable fee for | ||||||
| 15 | providing the information. | ||||||
| 16 | (g) Amounts received under this Section shall be deposited | ||||||
| 17 | into the General Assembly Computer Equipment Revolving Fund. | ||||||
| 18 | (h) The Legislative Reference Bureau shall select subjects | ||||||
| 19 | and chapters of the statutory law that it considers most in | ||||||
| 20 | need of a revision and present to the next regular session of | ||||||
| 21 | the General Assembly bills covering those revisions. In | ||||||
| 22 | connection with those revisions, the Legislative Reference | ||||||
| 23 | Bureau has full authority and responsibility to recommend the | ||||||
| 24 | revision, simplification, and rearrangement of existing | ||||||
| 25 | statutory law and the elimination from that law of obsolete, | ||||||
| 26 | superseded, duplicated, and unconstitutional statutes or parts | ||||||
| |||||||
| |||||||
| 1 | of statutes, but shall make no other changes in the substance | ||||||
| 2 | of existing statutes, except to the extent those changes in | ||||||
| 3 | substance are necessary for coherent revision, simplification, | ||||||
| 4 | rearrangement, or elimination. Revisions reported to the | ||||||
| 5 | General Assembly may be accompanied by explanatory statements | ||||||
| 6 | of changes in existing statutes or parts of statutes that | ||||||
| 7 | those revisions, if enacted, would effect. | ||||||
| 8 | (Source: P.A. 86-523; 87-1005; revised 7-18-24.)
| ||||||
| 9 | Section 225. The State Finance Act is amended by setting | ||||||
| 10 | forth and renumbering multiple versions of Sections 5.1015, | ||||||
| 11 | 5.1016, 5.1017, and 6z-140 and by changing Sections 6z-82, | ||||||
| 12 | 8.3, and 8g-1 as follows:
| ||||||
| 13 | (30 ILCS 105/5.1015) | ||||||
| 14 | Sec. 5.1015. The Professions Licensure Fund. | ||||||
| 15 | (Source: P.A. 103-588, eff. 6-5-24.)
| ||||||
| 16 | (30 ILCS 105/5.1016) | ||||||
| 17 | Sec. 5.1016. The Restore Fund. | ||||||
| 18 | (Source: P.A. 103-588, eff. 6-5-24.)
| ||||||
| 19 | (30 ILCS 105/5.1017) | ||||||
| 20 | Sec. 5.1017. The Health Equity and Access Fund. | ||||||
| 21 | (Source: P.A. 103-588, eff. 6-5-24.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.1018) | ||||||
| 2 | Sec. 5.1018 5.1015. The Medical Debt Relief Pilot Program | ||||||
| 3 | Fund. | ||||||
| 4 | (Source: P.A. 103-647, eff. 7-1-24; revised 9-23-24.)
| ||||||
| 5 | (30 ILCS 105/5.1019) | ||||||
| 6 | Sec. 5.1019 5.1015. The Carbon Dioxide Sequestration | ||||||
| 7 | Administrative Fund. | ||||||
| 8 | (Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.)
| ||||||
| 9 | (30 ILCS 105/5.1020) | ||||||
| 10 | Sec. 5.1020 5.1015. The International Brotherhood of | ||||||
| 11 | Electrical Workers Fund. | ||||||
| 12 | (Source: P.A. 103-665, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 13 | (30 ILCS 105/5.1021) | ||||||
| 14 | Sec. 5.1021 5.1015. The Local Food Infrastructure Grant | ||||||
| 15 | Fund. | ||||||
| 16 | (Source: P.A. 103-772, eff. 8-2-24; revised 9-23-24.)
| ||||||
| 17 | (30 ILCS 105/5.1022) | ||||||
| 18 | Sec. 5.1022 5.1015. The Illinois USTA/Midwest Youth Tennis | ||||||
| 19 | Foundation Fund. | ||||||
| 20 | (Source: P.A. 103-911, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 21 | (30 ILCS 105/5.1023) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5.1023 5.1015. The Healthy Forests, Wetlands, and | ||||||
| 2 | Prairies Grant Fund. | ||||||
| 3 | (Source: P.A. 103-923, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 4 | (30 ILCS 105/5.1024) | ||||||
| 5 | Sec. 5.1024 5.1015. The Sons of the American Legion Fund. | ||||||
| 6 | (Source: P.A. 103-933, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 7 | (30 ILCS 105/5.1025) | ||||||
| 8 | Sec. 5.1025 5.1015. The Real Estate Recovery Fund. | ||||||
| 9 | (Source: P.A. 103-1039, eff. 8-9-24; revised 9-23-24.)
| ||||||
| 10 | (30 ILCS 105/5.1026) | ||||||
| 11 | Sec. 5.1026 5.1016. The Environmental Justice Grant Fund. | ||||||
| 12 | (Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.)
| ||||||
| 13 | (30 ILCS 105/5.1027) | ||||||
| 14 | Sec. 5.1027 5.1017. The Water Resources Fund. | ||||||
| 15 | (Source: P.A. 103-651, eff. 7-18-24; revised 9-23-24.)
| ||||||
| 16 | (30 ILCS 105/6z-82) | ||||||
| 17 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
| 18 | (a) There is created in the State treasury a special fund | ||||||
| 19 | known as the State Police Operations Assistance Fund. The Fund | ||||||
| 20 | shall receive revenue under the Criminal and Traffic | ||||||
| 21 | Assessment Act. The Fund may also receive revenue from grants, | ||||||
| |||||||
| |||||||
| 1 | donations, appropriations, and any other legal source. | ||||||
| 2 | (a-5) This Fund may charge, collect, and receive fees or | ||||||
| 3 | moneys as described in Section 15-312 of the Illinois Vehicle | ||||||
| 4 | Code and receive all fees received by the Illinois State | ||||||
| 5 | Police under that Section. The moneys shall be used by the | ||||||
| 6 | Illinois State Police for its expenses in providing police | ||||||
| 7 | escorts and commercial vehicle enforcement activities. | ||||||
| 8 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
| 9 | finance any of its lawful purposes or functions. | ||||||
| 10 | (c) Expenditures may be made from the Fund only as | ||||||
| 11 | appropriated by the General Assembly by law. | ||||||
| 12 | (d) Investment income that is attributable to the | ||||||
| 13 | investment of moneys in the Fund shall be retained in the Fund | ||||||
| 14 | for the uses specified in this Section. | ||||||
| 15 | (e) The State Police Operations Assistance Fund shall not | ||||||
| 16 | be subject to administrative chargebacks. | ||||||
| 17 | (f) (Blank). | ||||||
| 18 | (g) (Blank). | ||||||
| 19 | (h) (Blank). June 9, 2023 (Public Act 103-34) | ||||||
| 20 | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | ||||||
| 21 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff. | ||||||
| 22 | 6-9-23; 103-363, eff. 7-28-23; 103-605, eff. 7-1-24; 103-616, | ||||||
| 23 | eff. 7-1-24; revised 7-23-24.)
| ||||||
| 24 | (30 ILCS 105/6z-140) | ||||||
| 25 | Sec. 6z-140. Professions Licensure Fund. The Professions | ||||||
| |||||||
| |||||||
| 1 | Licensure Fund is created as a special fund in the State | ||||||
| 2 | treasury. The Fund may receive revenue from any authorized | ||||||
| 3 | source, including, but not limited to, gifts, grants, awards, | ||||||
| 4 | transfers, and appropriations. Subject to appropriation, the | ||||||
| 5 | Department of Financial and Professional Regulation may use | ||||||
| 6 | moneys in the Fund for costs directly associated with the | ||||||
| 7 | procurement of electronic data processing software, licenses, | ||||||
| 8 | or any other information technology system products and for | ||||||
| 9 | the ongoing costs of electronic data processing software, | ||||||
| 10 | licenses, or other information technology system products | ||||||
| 11 | related to the granting, renewal, or administration of all | ||||||
| 12 | licenses under the Department's jurisdiction. | ||||||
| 13 | (Source: P.A. 103-588, eff. 6-5-24.)
| ||||||
| 14 | (30 ILCS 105/6z-143) | ||||||
| 15 | Sec. 6z-143 6z-140. Medical Debt Relief Pilot Program | ||||||
| 16 | Fund. The Medical Debt Relief Pilot Program Fund is created as | ||||||
| 17 | a special fund in the State treasury. All moneys in the Fund | ||||||
| 18 | shall be appropriated to the Department of Healthcare and | ||||||
| 19 | Family Services and expended exclusively for the Medical Debt | ||||||
| 20 | Relief Pilot Program to provide grant funding to a nonprofit | ||||||
| 21 | medical debt relief coordinator to be used to discharge the | ||||||
| 22 | medical debt of eligible residents as defined in the Medical | ||||||
| 23 | Debt Relief Act. Based on a budget approved by the Department, | ||||||
| 24 | the grant funding may also be used for any administrative | ||||||
| 25 | services provided by the nonprofit medical debt relief | ||||||
| |||||||
| |||||||
| 1 | coordinator to discharge the medical debt of eligible | ||||||
| 2 | residents. | ||||||
| 3 | (Source: P.A. 103-647, eff. 7-1-24; revised 9-24-24.)
| ||||||
| 4 | (30 ILCS 105/8.3) | ||||||
| 5 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
| 6 | State of Illinois incurs any bonded indebtedness for the | ||||||
| 7 | construction of permanent highways, be set aside and used for | ||||||
| 8 | the purpose of paying and discharging annually the principal | ||||||
| 9 | and interest on that bonded indebtedness then due and payable, | ||||||
| 10 | and for no other purpose. The surplus, if any, in the Road Fund | ||||||
| 11 | after the payment of principal and interest on that bonded | ||||||
| 12 | indebtedness then annually due shall be used as follows: | ||||||
| 13 | first -- to pay the cost of administration of Chapters | ||||||
| 14 | 2 through 10 of the Illinois Vehicle Code, except the cost | ||||||
| 15 | of administration of Articles I and II of Chapter 3 of that | ||||||
| 16 | Code, and to pay the costs of the Executive Ethics | ||||||
| 17 | Commission for oversight and administration of the Chief | ||||||
| 18 | Procurement Officer appointed under paragraph (2) of | ||||||
| 19 | subsection (a) of Section 10-20 of the Illinois | ||||||
| 20 | Procurement Code for transportation; and | ||||||
| 21 | secondly -- for expenses of the Department of | ||||||
| 22 | Transportation for construction, reconstruction, | ||||||
| 23 | improvement, repair, maintenance, operation, and | ||||||
| 24 | administration of highways in accordance with the | ||||||
| 25 | provisions of laws relating thereto, or for any purpose | ||||||
| |||||||
| |||||||
| 1 | related or incident to and connected therewith, including | ||||||
| 2 | the separation of grades of those highways with railroads | ||||||
| 3 | and with highways and including the payment of awards made | ||||||
| 4 | by the Illinois Workers' Compensation Commission under the | ||||||
| 5 | terms of the Workers' Compensation Act or Workers' | ||||||
| 6 | Occupational Diseases Act for injury or death of an | ||||||
| 7 | employee of the Division of Highways in the Department of | ||||||
| 8 | Transportation; or for the acquisition of land and the | ||||||
| 9 | erection of buildings for highway purposes, including the | ||||||
| 10 | acquisition of highway right-of-way or for investigations | ||||||
| 11 | to determine the reasonably anticipated future highway | ||||||
| 12 | needs; or for making of surveys, plans, specifications and | ||||||
| 13 | estimates for and in the construction and maintenance of | ||||||
| 14 | flight strips and of highways necessary to provide access | ||||||
| 15 | to military and naval reservations, to defense industries | ||||||
| 16 | and defense-industry sites, and to the sources of raw | ||||||
| 17 | materials and for replacing existing highways and highway | ||||||
| 18 | connections shut off from general public use at military | ||||||
| 19 | and naval reservations and defense-industry sites, or for | ||||||
| 20 | the purchase of right-of-way, except that the State shall | ||||||
| 21 | be reimbursed in full for any expense incurred in building | ||||||
| 22 | the flight strips; or for the operating and maintaining of | ||||||
| 23 | highway garages; or for patrolling and policing the public | ||||||
| 24 | highways and conserving the peace; or for the operating | ||||||
| 25 | expenses of the Department relating to the administration | ||||||
| 26 | of public transportation programs; or, during fiscal year | ||||||
| |||||||
| |||||||
| 1 | 2024, for the purposes of a grant not to exceed $9,108,400 | ||||||
| 2 | to the Regional Transportation Authority on behalf of PACE | ||||||
| 3 | for the purpose of ADA/Para-transit expenses; or, during | ||||||
| 4 | fiscal year 2025, for the purposes of a grant not to exceed | ||||||
| 5 | $10,020,000 to the Regional Transportation Authority on | ||||||
| 6 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 7 | expenses; or for any of those purposes or any other | ||||||
| 8 | purpose that may be provided by law. | ||||||
| 9 | Appropriations for any of those purposes are payable from | ||||||
| 10 | the Road Fund. Appropriations may also be made from the Road | ||||||
| 11 | Fund for the administrative expenses of any State agency that | ||||||
| 12 | are related to motor vehicles or arise from the use of motor | ||||||
| 13 | vehicles. | ||||||
| 14 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
| 15 | Fund monies shall be appropriated to the following Departments | ||||||
| 16 | or agencies of State government for administration, grants, or | ||||||
| 17 | operations; but this limitation is not a restriction upon | ||||||
| 18 | appropriating for those purposes any Road Fund monies that are | ||||||
| 19 | eligible for federal reimbursement: | ||||||
| 20 | 1. Department of Public Health; | ||||||
| 21 | 2. Department of Transportation, only with respect to | ||||||
| 22 | subsidies for one-half fare Student Transportation and | ||||||
| 23 | Reduced Fare for Elderly, except fiscal year 2024 when no | ||||||
| 24 | more than $19,063,500 may be expended and except fiscal | ||||||
| 25 | year 2025 when no more than $20,969,900 may be expended; | ||||||
| 26 | 3. Department of Central Management Services, except | ||||||
| |||||||
| |||||||
| 1 | for expenditures incurred for group insurance premiums of | ||||||
| 2 | appropriate personnel; | ||||||
| 3 | 4. Judicial Systems and Agencies. | ||||||
| 4 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
| 5 | Fund monies shall be appropriated to the following Departments | ||||||
| 6 | or agencies of State government for administration, grants, or | ||||||
| 7 | operations; but this limitation is not a restriction upon | ||||||
| 8 | appropriating for those purposes any Road Fund monies that are | ||||||
| 9 | eligible for federal reimbursement: | ||||||
| 10 | 1. Illinois State Police, except for expenditures with | ||||||
| 11 | respect to the Division of Patrol and Division of Criminal | ||||||
| 12 | Investigation; | ||||||
| 13 | 2. Department of Transportation, only with respect to | ||||||
| 14 | Intercity Rail Subsidies, except fiscal year 2024 when no | ||||||
| 15 | more than $60,000,000 may be expended and except fiscal | ||||||
| 16 | year 2025 when no more than $67,000,000 may be expended, | ||||||
| 17 | and Rail Freight Services. | ||||||
| 18 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
| 19 | Fund monies shall be appropriated to the following Departments | ||||||
| 20 | or agencies of State government for administration, grants, or | ||||||
| 21 | operations; but this limitation is not a restriction upon | ||||||
| 22 | appropriating for those purposes any Road Fund monies that are | ||||||
| 23 | eligible for federal reimbursement: Department of Central | ||||||
| 24 | Management Services, except for awards made by the Illinois | ||||||
| 25 | Workers' Compensation Commission under the terms of the | ||||||
| 26 | Workers' Compensation Act or Workers' Occupational Diseases | ||||||
| |||||||
| |||||||
| 1 | Act for injury or death of an employee of the Division of | ||||||
| 2 | Highways in the Department of Transportation. | ||||||
| 3 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 4 | Fund monies shall be appropriated to the following Departments | ||||||
| 5 | or agencies of State government for administration, grants, or | ||||||
| 6 | operations; but this limitation is not a restriction upon | ||||||
| 7 | appropriating for those purposes any Road Fund monies that are | ||||||
| 8 | eligible for federal reimbursement: | ||||||
| 9 | 1. Illinois State Police, except not more than 40% of | ||||||
| 10 | the funds appropriated for the Division of Patrol and | ||||||
| 11 | Division of Criminal Investigation; | ||||||
| 12 | 2. State Officers. | ||||||
| 13 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 14 | Fund monies shall be appropriated to any Department or agency | ||||||
| 15 | of State government for administration, grants, or operations | ||||||
| 16 | except as provided hereafter; but this limitation is not a | ||||||
| 17 | restriction upon appropriating for those purposes any Road | ||||||
| 18 | Fund monies that are eligible for federal reimbursement. It | ||||||
| 19 | shall not be lawful to circumvent the above appropriation | ||||||
| 20 | limitations by governmental reorganization or other methods. | ||||||
| 21 | Appropriations shall be made from the Road Fund only in | ||||||
| 22 | accordance with the provisions of this Section. | ||||||
| 23 | Money in the Road Fund shall, if and when the State of | ||||||
| 24 | Illinois incurs any bonded indebtedness for the construction | ||||||
| 25 | of permanent highways, be set aside and used for the purpose of | ||||||
| 26 | paying and discharging during each fiscal year the principal | ||||||
| |||||||
| |||||||
| 1 | and interest on that bonded indebtedness as it becomes due and | ||||||
| 2 | payable as provided in the General Obligation Bond Act, and | ||||||
| 3 | for no other purpose. The surplus, if any, in the Road Fund | ||||||
| 4 | after the payment of principal and interest on that bonded | ||||||
| 5 | indebtedness then annually due shall be used as follows: | ||||||
| 6 | first -- to pay the cost of administration of Chapters | ||||||
| 7 | 2 through 10 of the Illinois Vehicle Code; and | ||||||
| 8 | secondly -- no Road Fund monies derived from fees, | ||||||
| 9 | excises, or license taxes relating to registration, | ||||||
| 10 | operation and use of vehicles on public highways or to | ||||||
| 11 | fuels used for the propulsion of those vehicles, shall be | ||||||
| 12 | appropriated or expended other than for costs of | ||||||
| 13 | administering the laws imposing those fees, excises, and | ||||||
| 14 | license taxes, statutory refunds and adjustments allowed | ||||||
| 15 | thereunder, administrative costs of the Department of | ||||||
| 16 | Transportation, including, but not limited to, the | ||||||
| 17 | operating expenses of the Department relating to the | ||||||
| 18 | administration of public transportation programs, payment | ||||||
| 19 | of debts and liabilities incurred in construction and | ||||||
| 20 | reconstruction of public highways and bridges, acquisition | ||||||
| 21 | of rights-of-way for and the cost of construction, | ||||||
| 22 | reconstruction, maintenance, repair, and operation of | ||||||
| 23 | public highways and bridges under the direction and | ||||||
| 24 | supervision of the State, political subdivision, or | ||||||
| 25 | municipality collecting those monies, or during fiscal | ||||||
| 26 | year 2024 for the purposes of a grant not to exceed | ||||||
| |||||||
| |||||||
| 1 | $9,108,400 to the Regional Transportation Authority on | ||||||
| 2 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 3 | expenses, or during fiscal year 2025 for the purposes of a | ||||||
| 4 | grant not to exceed $10,020,000 to the Regional | ||||||
| 5 | Transportation Authority on behalf of PACE for the purpose | ||||||
| 6 | of ADA/Para-transit expenses, and the costs for patrolling | ||||||
| 7 | and policing the public highways (by the State, political | ||||||
| 8 | subdivision, or municipality collecting that money) for | ||||||
| 9 | enforcement of traffic laws. The separation of grades of | ||||||
| 10 | such highways with railroads and costs associated with | ||||||
| 11 | protection of at-grade highway and railroad crossing shall | ||||||
| 12 | also be permissible. | ||||||
| 13 | Appropriations for any of such purposes are payable from | ||||||
| 14 | the Road Fund or the Grade Crossing Protection Fund as | ||||||
| 15 | provided in Section 8 of the Motor Fuel Tax Law. | ||||||
| 16 | Except as provided in this paragraph, beginning with | ||||||
| 17 | fiscal year 1991 and thereafter, no Road Fund monies shall be | ||||||
| 18 | appropriated to the Illinois State Police for the purposes of | ||||||
| 19 | this Section in excess of its total fiscal year 1990 Road Fund | ||||||
| 20 | appropriations for those purposes unless otherwise provided in | ||||||
| 21 | Section 5g of this Act. For fiscal years 2003, 2004, 2005, | ||||||
| 22 | 2006, and 2007 only, no Road Fund monies shall be appropriated | ||||||
| 23 | to the Department of State Police for the purposes of this | ||||||
| 24 | Section in excess of $97,310,000. For fiscal year 2008 only, | ||||||
| 25 | no Road Fund monies shall be appropriated to the Department of | ||||||
| 26 | State Police for the purposes of this Section in excess of | ||||||
| |||||||
| |||||||
| 1 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
| 2 | shall be appropriated to the Department of State Police for | ||||||
| 3 | the purposes of this Section in excess of $114,700,000. | ||||||
| 4 | Beginning in fiscal year 2010, no Road Fund moneys shall be | ||||||
| 5 | appropriated to the Illinois State Police. It shall not be | ||||||
| 6 | lawful to circumvent this limitation on appropriations by | ||||||
| 7 | governmental reorganization or other methods unless otherwise | ||||||
| 8 | provided in Section 5g of this Act. | ||||||
| 9 | In fiscal year 1994, no Road Fund monies shall be | ||||||
| 10 | appropriated to the Secretary of State for the purposes of | ||||||
| 11 | this Section in excess of the total fiscal year 1991 Road Fund | ||||||
| 12 | appropriations to the Secretary of State for those purposes, | ||||||
| 13 | plus $9,800,000. It shall not be lawful to circumvent this | ||||||
| 14 | limitation on appropriations by governmental reorganization or | ||||||
| 15 | other method. | ||||||
| 16 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||
| 17 | Fund monies shall be appropriated to the Secretary of State | ||||||
| 18 | for the purposes of this Section in excess of the total fiscal | ||||||
| 19 | year 1994 Road Fund appropriations to the Secretary of State | ||||||
| 20 | for those purposes. It shall not be lawful to circumvent this | ||||||
| 21 | limitation on appropriations by governmental reorganization or | ||||||
| 22 | other methods. | ||||||
| 23 | Beginning with fiscal year 2000, total Road Fund | ||||||
| 24 | appropriations to the Secretary of State for the purposes of | ||||||
| 25 | this Section shall not exceed the amounts specified for the | ||||||
| 26 | following fiscal years: | ||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | For fiscal year 2010, no road fund moneys shall be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | appropriated to the Secretary of State. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | Beginning in fiscal year 2011, moneys in the Road Fund | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | shall be appropriated to the Secretary of State for the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | exclusive purpose of paying refunds due to overpayment of fees | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | related to Chapter 3 of the Illinois Vehicle Code unless | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | otherwise provided for by law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | Beginning in fiscal year 2025, moneys in the Road Fund may | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | be appropriated to the Environmental Protection Agency for the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | exclusive purpose of making deposits into the Electric Vehicle | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | Rebate Fund, subject to appropriation, to be used for purposes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | consistent with Section 11 of Article IX of the Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | Constitution. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | It shall not be lawful to circumvent this limitation on | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | appropriations by governmental reorganization or other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | methods. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | No new program may be initiated in fiscal year 1991 and | ||||||
| 2 | thereafter that is not consistent with the limitations imposed | ||||||
| 3 | by this Section for fiscal year 1984 and thereafter, insofar | ||||||
| 4 | as appropriation of Road Fund monies is concerned. | ||||||
| 5 | Nothing in this Section prohibits transfers from the Road | ||||||
| 6 | Fund to the State Construction Account Fund under Section 5e | ||||||
| 7 | of this Act; nor to the General Revenue Fund, as authorized by | ||||||
| 8 | Public Act 93-25. | ||||||
| 9 | The additional amounts authorized for expenditure in this | ||||||
| 10 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 | ||||||
| 11 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
| 12 | in the next succeeding fiscal year that the General Revenue | ||||||
| 13 | Fund has a positive budgetary balance, as determined by | ||||||
| 14 | generally accepted accounting principles applicable to | ||||||
| 15 | government. | ||||||
| 16 | The additional amounts authorized for expenditure by the | ||||||
| 17 | Secretary of State and the Department of State Police in this | ||||||
| 18 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
| 19 | from the General Revenue Fund in the next succeeding fiscal | ||||||
| 20 | year that the General Revenue Fund has a positive budgetary | ||||||
| 21 | balance, as determined by generally accepted accounting | ||||||
| 22 | principles applicable to government. | ||||||
| 23 | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; | ||||||
| 24 | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||||||
| 25 | 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, | ||||||
| 26 | eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/8g-1) | ||||||
| 2 | Sec. 8g-1. Fund transfers. | ||||||
| 3 | (a) (Blank). | ||||||
| 4 | (b) (Blank). | ||||||
| 5 | (c) (Blank). | ||||||
| 6 | (d) (Blank). | ||||||
| 7 | (e) (Blank). | ||||||
| 8 | (f) (Blank). | ||||||
| 9 | (g) (Blank). | ||||||
| 10 | (h) (Blank). | ||||||
| 11 | (i) (Blank). | ||||||
| 12 | (j) (Blank). | ||||||
| 13 | (k) (Blank). | ||||||
| 14 | (l) (Blank). | ||||||
| 15 | (m) (Blank). | ||||||
| 16 | (n) (Blank). | ||||||
| 17 | (o) (Blank). | ||||||
| 18 | (p) (Blank). | ||||||
| 19 | (q) (Blank). | ||||||
| 20 | (r) (Blank). | ||||||
| 21 | (s) (Blank). | ||||||
| 22 | (t) (Blank). | ||||||
| 23 | (u) (Blank). | ||||||
| 24 | (v) (Blank). | ||||||
| 25 | (w) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (x) (Blank). | ||||||
| 2 | (y) (Blank). | ||||||
| 3 | (z) (Blank). | ||||||
| 4 | (aa) (Blank). | ||||||
| 5 | (bb) (Blank). | ||||||
| 6 | (cc) (Blank). | ||||||
| 7 | (dd) (Blank). | ||||||
| 8 | (ee) (Blank). | ||||||
| 9 | (ff) (Blank). | ||||||
| 10 | (gg) (Blank). | ||||||
| 11 | (hh) (Blank). | ||||||
| 12 | (ii) (Blank). | ||||||
| 13 | (jj) (Blank). | ||||||
| 14 | (kk) (Blank). | ||||||
| 15 | (ll) (Blank). | ||||||
| 16 | (mm) In addition to any other transfers that may be | ||||||
| 17 | provided for by law, beginning on June 7, 2023 (the effective | ||||||
| 18 | date of the changes made to this Section by Public Act 103-8) | ||||||
| 19 | this amendatory Act of the 103rd General Assembly and until | ||||||
| 20 | June 30, 2024, as directed by the Governor, the State | ||||||
| 21 | Comptroller shall direct and the State Treasurer shall | ||||||
| 22 | transfer up to a total of $1,500,000,000 from the General | ||||||
| 23 | Revenue Fund to the State Coronavirus Urgent Remediation | ||||||
| 24 | Emergency Fund. | ||||||
| 25 | (nn) In addition to any other transfers that may be | ||||||
| 26 | provided for by law, beginning on June 7, 2023 (the effective | ||||||
| |||||||
| |||||||
| 1 | date of the changes made to this Section by Public Act 103-8) | ||||||
| 2 | this amendatory Act of the 103rd General Assembly and until | ||||||
| 3 | June 30, 2024, as directed by the Governor, the State | ||||||
| 4 | Comptroller shall direct and the State Treasurer shall | ||||||
| 5 | transfer up to a total of $424,000,000 from the General | ||||||
| 6 | Revenue Fund to the Build Illinois Bond Fund. | ||||||
| 7 | (oo) In addition to any other transfers that may be | ||||||
| 8 | provided for by law, on July 1, 2023, or as soon thereafter as | ||||||
| 9 | practical, the State Comptroller shall direct and the State | ||||||
| 10 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
| 11 | Revenue Fund to the Governor's Administrative Fund. | ||||||
| 12 | (pp) In addition to any other transfers that may be | ||||||
| 13 | provided for by law, on July 1, 2023, or as soon thereafter as | ||||||
| 14 | practical, the State Comptroller shall direct and the State | ||||||
| 15 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
| 16 | Revenue Fund to the Grant Accountability and Transparency | ||||||
| 17 | Fund. | ||||||
| 18 | (qq) In addition to any other transfers that may be | ||||||
| 19 | provided for by law, beginning on July 1, 2024 (the effective | ||||||
| 20 | date of the changes made to this Section by Public Act 103-588) | ||||||
| 21 | this amendatory Act of the 103rd General Assembly and until | ||||||
| 22 | June 30, 2024, as directed by the Governor, the State | ||||||
| 23 | Comptroller shall direct and the State Treasurer shall | ||||||
| 24 | transfer up to a total of $350,000,000 from the General | ||||||
| 25 | Revenue Fund to the Fund for Illinois' Future. | ||||||
| 26 | (rr) In addition to any other transfers that may be | ||||||
| |||||||
| |||||||
| 1 | provided for by law, on July 1, 2024, or as soon thereafter as | ||||||
| 2 | practical, the State Comptroller shall direct and the State | ||||||
| 3 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
| 4 | Revenue Fund to the Governor's Administrative Fund. | ||||||
| 5 | (ss) In addition to any other transfers that may be | ||||||
| 6 | provided for by law, on July 1, 2024, or as soon thereafter as | ||||||
| 7 | practical, the State Comptroller shall direct and the State | ||||||
| 8 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
| 9 | Revenue Fund to the Grant Accountability and Transparency | ||||||
| 10 | Fund. | ||||||
| 11 | (tt) In addition to any other transfers that may be | ||||||
| 12 | provided for by law, on July 1, 2024, or as soon thereafter as | ||||||
| 13 | practical, the State Comptroller shall direct and the State | ||||||
| 14 | Treasurer shall transfer the sum of $25,000,000 from the | ||||||
| 15 | Violent Crime Witness Protection Program Fund to the General | ||||||
| 16 | Revenue Fund. | ||||||
| 17 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
| 18 | 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700, | ||||||
| 19 | Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23; | ||||||
| 20 | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; revised 7-24-24.)
| ||||||
| 21 | Section 230. The Local Government Debt Reform Act is | ||||||
| 22 | amended by changing Section 17 as follows:
| ||||||
| 23 | (30 ILCS 350/17) (from Ch. 17, par. 6917) | ||||||
| 24 | Sec. 17. Leases and installment contracts. | ||||||
| |||||||
| |||||||
| 1 | (a) Interest not debt; debt on leases and installment | ||||||
| 2 | contracts. Interest on bonds shall not be included in any | ||||||
| 3 | computation of indebtedness of a governmental unit for the | ||||||
| 4 | purpose of any statutory provision or limitation. For bonds | ||||||
| 5 | consisting of leases and installment or financing contracts: , | ||||||
| 6 | (1) that portion of payments made by a governmental | ||||||
| 7 | unit under the terms of a bond designated as interest in | ||||||
| 8 | the bond or the ordinance authorizing such bond shall be | ||||||
| 9 | treated as interest for purposes of this Section; | ||||||
| 10 | (2) where portions of payments due under the terms of | ||||||
| 11 | a bond have not been designated as interest in the bond or | ||||||
| 12 | the ordinance authorizing such bond, and all or a portion | ||||||
| 13 | of such payments is to be used for the payment of principal | ||||||
| 14 | of and interest on other bonds of the governmental unit or | ||||||
| 15 | bonds issued by another unit of local government, such as | ||||||
| 16 | a public building commission, the payments equal to | ||||||
| 17 | interest due on such corresponding bonds shall be treated | ||||||
| 18 | as interest for purposes of this Section; and | ||||||
| 19 | (3) where portions of payments due under the terms of | ||||||
| 20 | a bond have not been designated as interest in the bond or | ||||||
| 21 | ordinance authorizing such bond and no portion of any such | ||||||
| 22 | payment is to be used for the payment of principal of and | ||||||
| 23 | interest on other bonds of the governmental unit or | ||||||
| 24 | another unit of local government, a portion of each | ||||||
| 25 | payment due under the terms of such bond shall be treated | ||||||
| 26 | as interest for purposes of this Section; such portion | ||||||
| |||||||
| |||||||
| 1 | shall be equal in amount to the interest that would have | ||||||
| 2 | been paid on a notional obligation of the governmental | ||||||
| 3 | unit (bearing interest at the highest rate permitted by | ||||||
| 4 | law for bonds of the governmental unit at the time the bond | ||||||
| 5 | was issued or, if no such limit existed, 12%) on which the | ||||||
| 6 | payments of principal and interest were due at the same | ||||||
| 7 | times and in the same amounts as payments are due under the | ||||||
| 8 | terms of the bonds. | ||||||
| 9 | The rule set forth in this Section shall be applicable to | ||||||
| 10 | all interest no matter when earned or accrued or at what | ||||||
| 11 | interval paid, and whether or not a bond bears interest which | ||||||
| 12 | compounds at certain intervals. For purposes of bonds sold at | ||||||
| 13 | amounts less than 95% of their stated value at maturity, | ||||||
| 14 | interest for purposes of this Section includes the difference | ||||||
| 15 | between the amount set forth on the face of the bond as the | ||||||
| 16 | original principal amount and the bond's stated value at | ||||||
| 17 | maturity. | ||||||
| 18 | This subsection may be made applicable to bonds issued | ||||||
| 19 | prior to the effective date of this Act by passage of an | ||||||
| 20 | ordinance to such effect by the governing body of a | ||||||
| 21 | governmental unit. | ||||||
| 22 | (b) Purchase or lease of property. The governing body of | ||||||
| 23 | each governmental unit may purchase or lease either real or | ||||||
| 24 | personal property, including investments, investment | ||||||
| 25 | agreements, or investment services, through agreements that | ||||||
| 26 | provide that the consideration for the purchase or lease may | ||||||
| |||||||
| |||||||
| 1 | be paid through installments made at stated intervals for a | ||||||
| 2 | period of no more than 20 years or another period of time | ||||||
| 3 | authorized by law, whichever is greater; provided, however, | ||||||
| 4 | that investments, investment agreements, or investment | ||||||
| 5 | services purchased in connection with a bond issue may be paid | ||||||
| 6 | through installments made at stated intervals for a period of | ||||||
| 7 | time not in excess of the maximum term of such bond issue. Each | ||||||
| 8 | governmental unit may issue certificates evidencing the | ||||||
| 9 | indebtedness incurred under the lease or agreement. The | ||||||
| 10 | governing body may provide for the treasurer, comptroller, | ||||||
| 11 | finance officer, or other officer of the governing body | ||||||
| 12 | charged with financial administration to act as counter-party | ||||||
| 13 | to any such lease or agreement, as nominee lessor or seller. | ||||||
| 14 | When the lease or agreement is executed by the officer of the | ||||||
| 15 | governmental unit authorized by the governing body to bind the | ||||||
| 16 | governmental unit thereon by the execution thereof and is | ||||||
| 17 | filed with and executed by the nominee lessor or seller, the | ||||||
| 18 | lease or agreement shall be sufficiently executed so as to | ||||||
| 19 | permit the governmental unit to issue certificates evidencing | ||||||
| 20 | the indebtedness incurred under the lease or agreement. The | ||||||
| 21 | certificates shall be valid whether or not an appropriation | ||||||
| 22 | with respect thereto is included in any annual or supplemental | ||||||
| 23 | budget adopted by the governmental unit. From time to time, as | ||||||
| 24 | the governing body executes contracts for the purpose of | ||||||
| 25 | acquiring and constructing the services or real or personal | ||||||
| 26 | property that is a part of the subject of the lease or | ||||||
| |||||||
| |||||||
| 1 | agreement, including financial, legal, architectural, and | ||||||
| 2 | engineering services related to the lease or agreement, the | ||||||
| 3 | contracts shall be filed with the nominee officer, and that | ||||||
| 4 | officer shall identify the contracts to the lease or | ||||||
| 5 | agreement; that identification shall permit the payment of the | ||||||
| 6 | contract from the proceeds of the certificates; and the | ||||||
| 7 | nominee officer shall duly apply or cause to be applied | ||||||
| 8 | proceeds of the certificates to the payment of the contracts. | ||||||
| 9 | The governing body of each governmental unit may sell, lease, | ||||||
| 10 | convey, and reacquire either real or personal property, or any | ||||||
| 11 | interest in real or personal property, upon any terms and | ||||||
| 12 | conditions and in any manner, as the governing body shall | ||||||
| 13 | determine, if the governmental unit will lease, acquire by | ||||||
| 14 | purchase agreement, or otherwise reacquire the property, as | ||||||
| 15 | authorized by this subsection or any other applicable law. | ||||||
| 16 | All indebtedness incurred under this subsection, when | ||||||
| 17 | aggregated with the existing indebtedness of the governmental | ||||||
| 18 | unit, may not exceed the debt limits provided by applicable | ||||||
| 19 | law. | ||||||
| 20 | (Source: P.A. 103-591, eff. 7-1-24; revised 7-24-24.)
| ||||||
| 21 | Section 235. The Build Illinois Bond Act is amended by | ||||||
| 22 | changing Section 6 as follows:
| ||||||
| 23 | (30 ILCS 425/6) (from Ch. 127, par. 2806) | ||||||
| 24 | Sec. 6. Conditions for issuance and sale of Bonds; | ||||||
| |||||||
| |||||||
| 1 | requirements Bonds - requirements for Bonds; master Bonds - | ||||||
| 2 | master and supplemental indentures; credit indentures - credit | ||||||
| 3 | and liquidity enhancement. | ||||||
| 4 | (a) Bonds shall be issued and sold from time to time, in | ||||||
| 5 | one or more series, in such amounts and at such prices as | ||||||
| 6 | directed by the Governor, upon recommendation by the Director | ||||||
| 7 | of the Governor's Office of Management and Budget. Bonds shall | ||||||
| 8 | be payable only from the specific sources and secured in the | ||||||
| 9 | manner provided in this Act. Bonds shall be in such form, in | ||||||
| 10 | such denominations, mature on such dates within 25 years from | ||||||
| 11 | their date of issuance, be subject to optional or mandatory | ||||||
| 12 | redemption, bear interest payable at such times and at such | ||||||
| 13 | rate or rates, fixed or variable, and be dated as shall be | ||||||
| 14 | fixed and determined by the Director of the Governor's Office | ||||||
| 15 | of Management and Budget in an order authorizing the issuance | ||||||
| 16 | and sale of any series of Bonds, which order shall be approved | ||||||
| 17 | by the Governor and is herein called a "Bond Sale Order"; | ||||||
| 18 | provided, however, that interest payable at fixed rates shall | ||||||
| 19 | not exceed that permitted in the Bond Authorization Act "An | ||||||
| 20 | Act to authorize public corporations to issue bonds, other | ||||||
| 21 | evidences of indebtedness and tax anticipation warrants | ||||||
| 22 | subject to interest rate limitations set forth therein", | ||||||
| 23 | approved May 26, 1970, as now or hereafter amended, and | ||||||
| 24 | interest payable at variable rates shall not exceed the | ||||||
| 25 | maximum rate permitted in the Bond Sale Order. Said Bonds | ||||||
| 26 | shall be payable at such place or places, within or without the | ||||||
| |||||||
| |||||||
| 1 | State of Illinois, and may be made registrable as to either | ||||||
| 2 | principal only or as to both principal and interest, as shall | ||||||
| 3 | be specified in the Bond Sale Order. Bonds may be callable or | ||||||
| 4 | subject to purchase and retirement or remarketing as fixed and | ||||||
| 5 | determined in the Bond Sale Order. Bonds (i) except for | ||||||
| 6 | refunding Bonds satisfying the requirements of Section 15 of | ||||||
| 7 | this Act must be issued with principal or mandatory redemption | ||||||
| 8 | amounts in equal amounts, with the first maturity issued | ||||||
| 9 | occurring within the fiscal year in which the Bonds are issued | ||||||
| 10 | or within the next succeeding fiscal year, except that Bonds | ||||||
| 11 | issued during fiscal year 2025 may be issued with principal or | ||||||
| 12 | mandatory redemption amounts in unequal amounts, and (ii) must | ||||||
| 13 | mature or be subject to mandatory redemption each fiscal year | ||||||
| 14 | thereafter up to 25 years, except for refunding Bonds | ||||||
| 15 | satisfying the requirements of Section 15 of this Act and sold | ||||||
| 16 | during fiscal year 2009, 2010, or 2011 which must mature or be | ||||||
| 17 | subject to mandatory redemption each fiscal year thereafter up | ||||||
| 18 | to 16 years. | ||||||
| 19 | All Bonds authorized under this Act shall be issued | ||||||
| 20 | pursuant to a master trust indenture ("Master Indenture") | ||||||
| 21 | executed and delivered on behalf of the State by the Director | ||||||
| 22 | of the Governor's Office of Management and Budget, such Master | ||||||
| 23 | Indenture to be in substantially the form approved in the Bond | ||||||
| 24 | Sale Order authorizing the issuance and sale of the initial | ||||||
| 25 | series of Bonds issued under this Act. Such initial series of | ||||||
| 26 | Bonds may, and each subsequent series of Bonds shall, also be | ||||||
| |||||||
| |||||||
| 1 | issued pursuant to a supplemental trust indenture | ||||||
| 2 | ("Supplemental Indenture") executed and delivered on behalf of | ||||||
| 3 | the State by the Director of the Governor's Office of | ||||||
| 4 | Management and Budget, each such Supplemental Indenture to be | ||||||
| 5 | in substantially the form approved in the Bond Sale Order | ||||||
| 6 | relating to such series. The Master Indenture and any | ||||||
| 7 | Supplemental Indenture shall be entered into with a bank or | ||||||
| 8 | trust company in the State of Illinois having trust powers and | ||||||
| 9 | possessing capital and surplus of not less than $100,000,000. | ||||||
| 10 | Such indentures shall set forth the terms and conditions of | ||||||
| 11 | the Bonds and provide for payment of and security for the | ||||||
| 12 | Bonds, including the establishment and maintenance of debt | ||||||
| 13 | service and reserve funds, and for other protections for | ||||||
| 14 | holders of the Bonds. The term "reserve funds" as used in this | ||||||
| 15 | Act shall include funds and accounts established under | ||||||
| 16 | indentures to provide for the payment of principal of and | ||||||
| 17 | premium and interest on Bonds, to provide for the purchase, | ||||||
| 18 | retirement, or defeasance of Bonds, to provide for fees of | ||||||
| 19 | trustees, registrars, paying agents, and other fiduciaries and | ||||||
| 20 | to provide for payment of costs of and debt service payable in | ||||||
| 21 | respect of credit or liquidity enhancement arrangements, | ||||||
| 22 | interest rate swaps or guarantees, or financial futures | ||||||
| 23 | contracts and indexing and remarketing agents' services. | ||||||
| 24 | In the case of any series of Bonds bearing interest at a | ||||||
| 25 | variable interest rate ("Variable Rate Bonds"), in lieu of | ||||||
| 26 | determining the rate or rates at which such series of Variable | ||||||
| |||||||
| |||||||
| 1 | Rate Bonds shall bear interest and the price or prices at which | ||||||
| 2 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
| 3 | (in the event of purchase and subsequent resale), the Bond | ||||||
| 4 | Sale Order may provide that such interest rates and prices may | ||||||
| 5 | vary from time to time depending on criteria established in | ||||||
| 6 | such Bond Sale Order, which criteria may include, without | ||||||
| 7 | limitation, references to indices or variations in interest | ||||||
| 8 | rates as may, in the judgment of a remarketing agent, be | ||||||
| 9 | necessary to cause Bonds of such series to be remarketable | ||||||
| 10 | from time to time at a price equal to their principal amount | ||||||
| 11 | (or compound accreted value in the case of original issue | ||||||
| 12 | discount Bonds), and may provide for appointment of indexing | ||||||
| 13 | agents and a bank, trust company, investment bank, or other | ||||||
| 14 | financial institution to serve as remarketing agent in that | ||||||
| 15 | connection. The Bond Sale Order may provide that alternative | ||||||
| 16 | interest rates or provisions for establishing alternative | ||||||
| 17 | interest rates, different security or claim priorities, or | ||||||
| 18 | different call or amortization provisions will apply during | ||||||
| 19 | such times as Bonds of any series are held by a person | ||||||
| 20 | providing credit or liquidity enhancement arrangements for | ||||||
| 21 | such Bonds as authorized in subsection (b) of Section 6 of this | ||||||
| 22 | Act. | ||||||
| 23 | (b) In connection with the issuance of any series of | ||||||
| 24 | Bonds, the State may enter into arrangements to provide | ||||||
| 25 | additional security and liquidity for such Bonds, including, | ||||||
| 26 | without limitation, bond or interest rate insurance or letters | ||||||
| |||||||
| |||||||
| 1 | of credit, lines of credit, bond purchase contracts, or other | ||||||
| 2 | arrangements whereby funds are made available to retire or | ||||||
| 3 | purchase Bonds, thereby assuring the ability of owners of the | ||||||
| 4 | Bonds to sell or redeem their Bonds. The State may enter into | ||||||
| 5 | contracts and may agree to pay fees to persons providing such | ||||||
| 6 | arrangements, but only under circumstances where the Director | ||||||
| 7 | of the Bureau of the Budget (now Governor's Office of | ||||||
| 8 | Management and Budget) certifies that he reasonably expects | ||||||
| 9 | the total interest paid or to be paid on the Bonds, together | ||||||
| 10 | with the fees for the arrangements (being treated as if | ||||||
| 11 | interest), would not, taken together, cause the Bonds to bear | ||||||
| 12 | interest, calculated to their stated maturity, at a rate in | ||||||
| 13 | excess of the rate which the Bonds would bear in the absence of | ||||||
| 14 | such arrangements. Any bonds, notes, or other evidences of | ||||||
| 15 | indebtedness issued pursuant to any such arrangements for the | ||||||
| 16 | purpose of retiring and discharging outstanding Bonds shall | ||||||
| 17 | constitute refunding Bonds under Section 15 of this Act. The | ||||||
| 18 | State may participate in and enter into arrangements with | ||||||
| 19 | respect to interest rate swaps or guarantees or financial | ||||||
| 20 | futures contracts for the purpose of limiting or restricting | ||||||
| 21 | interest rate risk; provided that such arrangements shall be | ||||||
| 22 | made with or executed through banks having capital and surplus | ||||||
| 23 | of not less than $100,000,000 or insurance companies holding | ||||||
| 24 | the highest policyholder rating accorded insurers by A.M. Best & | ||||||
| 25 | Co. or any comparable rating service or government bond | ||||||
| 26 | dealers reporting to, trading with, and recognized as primary | ||||||
| |||||||
| |||||||
| 1 | dealers by a Federal Reserve Bank and having capital and | ||||||
| 2 | surplus of not less than $100,000,000, or other persons whose | ||||||
| 3 | debt securities are rated in the highest long-term categories | ||||||
| 4 | by both Moody's Investors' Services, Inc. and Standard & | ||||||
| 5 | Poor's Corporation. Agreements incorporating any of the | ||||||
| 6 | foregoing arrangements may be executed and delivered by the | ||||||
| 7 | Director of the Governor's Office of Management and Budget on | ||||||
| 8 | behalf of the State in substantially the form approved in the | ||||||
| 9 | Bond Sale Order relating to such Bonds. | ||||||
| 10 | (c) "Build America Bonds" in this Section means Bonds | ||||||
| 11 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
| 12 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
| 13 | from time to time to refund or continue to refund "Build | ||||||
| 14 | America Bonds". | ||||||
| 15 | (Source: P.A. 103-591, eff. 7-1-24; revised 7-24-24.)
| ||||||
| 16 | Section 240. The Illinois Procurement Code is amended by | ||||||
| 17 | changing Sections 1-10, 20-60, 45-57, and 45-105 as follows:
| ||||||
| 18 | (30 ILCS 500/1-10) | ||||||
| 19 | Sec. 1-10. Application. | ||||||
| 20 | (a) This Code applies only to procurements for which | ||||||
| 21 | bidders, offerors, potential contractors, or contractors were | ||||||
| 22 | first solicited on or after July 1, 1998. This Code shall not | ||||||
| 23 | be construed to affect or impair any contract, or any | ||||||
| 24 | provision of a contract, entered into based on a solicitation | ||||||
| |||||||
| |||||||
| 1 | prior to the implementation date of this Code as described in | ||||||
| 2 | Article 99, including, but not limited to, any covenant | ||||||
| 3 | entered into with respect to any revenue bonds or similar | ||||||
| 4 | instruments. All procurements for which contracts are | ||||||
| 5 | solicited between the effective date of Articles 50 and 99 and | ||||||
| 6 | July 1, 1998 shall be substantially in accordance with this | ||||||
| 7 | Code and its intent. | ||||||
| 8 | (b) This Code shall apply regardless of the source of the | ||||||
| 9 | funds with which the contracts are paid, including federal | ||||||
| 10 | assistance moneys. This Code shall not apply to: | ||||||
| 11 | (1) Contracts between the State and its political | ||||||
| 12 | subdivisions or other governments, or between State | ||||||
| 13 | governmental bodies, except as specifically provided in | ||||||
| 14 | this Code. | ||||||
| 15 | (2) Grants, except for the filing requirements of | ||||||
| 16 | Section 20-80. | ||||||
| 17 | (3) Purchase of care, except as provided in Section | ||||||
| 18 | 5-30.6 of the Illinois Public Aid Code and this Section. | ||||||
| 19 | (4) Hiring of an individual as an employee and not as | ||||||
| 20 | an independent contractor, whether pursuant to an | ||||||
| 21 | employment code or policy or by contract directly with | ||||||
| 22 | that individual. | ||||||
| 23 | (5) Collective bargaining contracts. | ||||||
| 24 | (6) Purchase of real estate, except that notice of | ||||||
| 25 | this type of contract with a value of more than $25,000 | ||||||
| 26 | must be published in the Procurement Bulletin within 10 | ||||||
| |||||||
| |||||||
| 1 | calendar days after the deed is recorded in the county of | ||||||
| 2 | jurisdiction. The notice shall identify the real estate | ||||||
| 3 | purchased, the names of all parties to the contract, the | ||||||
| 4 | value of the contract, and the effective date of the | ||||||
| 5 | contract. | ||||||
| 6 | (7) Contracts necessary to prepare for anticipated | ||||||
| 7 | litigation, enforcement actions, or investigations, | ||||||
| 8 | provided that the chief legal counsel to the Governor | ||||||
| 9 | shall give his or her prior approval when the procuring | ||||||
| 10 | agency is one subject to the jurisdiction of the Governor, | ||||||
| 11 | and provided that the chief legal counsel of any other | ||||||
| 12 | procuring entity subject to this Code shall give his or | ||||||
| 13 | her prior approval when the procuring entity is not one | ||||||
| 14 | subject to the jurisdiction of the Governor. | ||||||
| 15 | (8) (Blank). | ||||||
| 16 | (9) Procurement expenditures by the Illinois | ||||||
| 17 | Conservation Foundation when only private funds are used. | ||||||
| 18 | (10) (Blank). | ||||||
| 19 | (11) Public-private agreements entered into according | ||||||
| 20 | to the procurement requirements of Section 20 of the | ||||||
| 21 | Public-Private Partnerships for Transportation Act and | ||||||
| 22 | design-build agreements entered into according to the | ||||||
| 23 | procurement requirements of Section 25 of the | ||||||
| 24 | Public-Private Partnerships for Transportation Act. | ||||||
| 25 | (12) (A) Contracts for legal, financial, and other | ||||||
| 26 | professional and artistic services entered into by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Finance Authority in which the State of Illinois | ||||||
| 2 | is not obligated. Such contracts shall be awarded through | ||||||
| 3 | a competitive process authorized by the members of the | ||||||
| 4 | Illinois Finance Authority and are subject to Sections | ||||||
| 5 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
| 6 | as well as the final approval by the members of the | ||||||
| 7 | Illinois Finance Authority of the terms of the contract. | ||||||
| 8 | (B) Contracts for legal and financial services entered | ||||||
| 9 | into by the Illinois Housing Development Authority in | ||||||
| 10 | connection with the issuance of bonds in which the State | ||||||
| 11 | of Illinois is not obligated. Such contracts shall be | ||||||
| 12 | awarded through a competitive process authorized by the | ||||||
| 13 | members of the Illinois Housing Development Authority and | ||||||
| 14 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
| 15 | and 50-37 of this Code, as well as the final approval by | ||||||
| 16 | the members of the Illinois Housing Development Authority | ||||||
| 17 | of the terms of the contract. | ||||||
| 18 | (13) Contracts for services, commodities, and | ||||||
| 19 | equipment to support the delivery of timely forensic | ||||||
| 20 | science services in consultation with and subject to the | ||||||
| 21 | approval of the Chief Procurement Officer as provided in | ||||||
| 22 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
| 23 | Corrections, except for the requirements of Sections | ||||||
| 24 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
| 25 | Code; however, the Chief Procurement Officer may, in | ||||||
| 26 | writing with justification, waive any certification | ||||||
| |||||||
| |||||||
| 1 | required under Article 50 of this Code. For any contracts | ||||||
| 2 | for services which are currently provided by members of a | ||||||
| 3 | collective bargaining agreement, the applicable terms of | ||||||
| 4 | the collective bargaining agreement concerning | ||||||
| 5 | subcontracting shall be followed. | ||||||
| 6 | On and after January 1, 2019, this paragraph (13), | ||||||
| 7 | except for this sentence, is inoperative. | ||||||
| 8 | (14) Contracts for participation expenditures required | ||||||
| 9 | by a domestic or international trade show or exhibition of | ||||||
| 10 | an exhibitor, member, or sponsor. | ||||||
| 11 | (15) Contracts with a railroad or utility that | ||||||
| 12 | requires the State to reimburse the railroad or utilities | ||||||
| 13 | for the relocation of utilities for construction or other | ||||||
| 14 | public purpose. Contracts included within this paragraph | ||||||
| 15 | (15) shall include, but not be limited to, those | ||||||
| 16 | associated with: relocations, crossings, installations, | ||||||
| 17 | and maintenance. For the purposes of this paragraph (15), | ||||||
| 18 | "railroad" means any form of non-highway ground | ||||||
| 19 | transportation that runs on rails or electromagnetic | ||||||
| 20 | guideways and "utility" means: (1) public utilities as | ||||||
| 21 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
| 22 | telecommunications carriers as defined in Section 13-202 | ||||||
| 23 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
| 24 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
| 25 | telephone or telecommunications cooperatives as defined in | ||||||
| 26 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
| |||||||
| |||||||
| 1 | water or waste water systems with 10,000 connections or | ||||||
| 2 | less, (6) a holder as defined in Section 21-201 of the | ||||||
| 3 | Public Utilities Act, and (7) municipalities owning or | ||||||
| 4 | operating utility systems consisting of public utilities | ||||||
| 5 | as that term is defined in Section 11-117-2 of the | ||||||
| 6 | Illinois Municipal Code. | ||||||
| 7 | (16) Procurement expenditures necessary for the | ||||||
| 8 | Department of Public Health to provide the delivery of | ||||||
| 9 | timely newborn screening services in accordance with the | ||||||
| 10 | Newborn Metabolic Screening Act. | ||||||
| 11 | (17) Procurement expenditures necessary for the | ||||||
| 12 | Department of Agriculture, the Department of Financial and | ||||||
| 13 | Professional Regulation, the Department of Human Services, | ||||||
| 14 | and the Department of Public Health to implement the | ||||||
| 15 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
| 16 | Alternative Pilot Program requirements and ensure access | ||||||
| 17 | to medical cannabis for patients with debilitating medical | ||||||
| 18 | conditions in accordance with the Compassionate Use of | ||||||
| 19 | Medical Cannabis Program Act. | ||||||
| 20 | (18) This Code does not apply to any procurements | ||||||
| 21 | necessary for the Department of Agriculture, the | ||||||
| 22 | Department of Financial and Professional Regulation, the | ||||||
| 23 | Department of Human Services, the Department of Commerce | ||||||
| 24 | and Economic Opportunity, and the Department of Public | ||||||
| 25 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
| 26 | the applicable agency has made a good faith determination | ||||||
| |||||||
| |||||||
| 1 | that it is necessary and appropriate for the expenditure | ||||||
| 2 | to fall within this exemption and if the process is | ||||||
| 3 | conducted in a manner substantially in accordance with the | ||||||
| 4 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
| 5 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
| 6 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
| 7 | Section 50-35, compliance applies only to contracts or | ||||||
| 8 | subcontracts over $100,000. Notice of each contract | ||||||
| 9 | entered into under this paragraph (18) that is related to | ||||||
| 10 | the procurement of goods and services identified in | ||||||
| 11 | paragraph (1) through (9) of this subsection shall be | ||||||
| 12 | published in the Procurement Bulletin within 14 calendar | ||||||
| 13 | days after contract execution. The Chief Procurement | ||||||
| 14 | Officer shall prescribe the form and content of the | ||||||
| 15 | notice. Each agency shall provide the Chief Procurement | ||||||
| 16 | Officer, on a monthly basis, in the form and content | ||||||
| 17 | prescribed by the Chief Procurement Officer, a report of | ||||||
| 18 | contracts that are related to the procurement of goods and | ||||||
| 19 | services identified in this subsection. At a minimum, this | ||||||
| 20 | report shall include the name of the contractor, a | ||||||
| 21 | description of the supply or service provided, the total | ||||||
| 22 | amount of the contract, the term of the contract, and the | ||||||
| 23 | exception to this Code utilized. A copy of any or all of | ||||||
| 24 | these contracts shall be made available to the Chief | ||||||
| 25 | Procurement Officer immediately upon request. The Chief | ||||||
| 26 | Procurement Officer shall submit a report to the Governor | ||||||
| |||||||
| |||||||
| 1 | and General Assembly no later than November 1 of each year | ||||||
| 2 | that includes, at a minimum, an annual summary of the | ||||||
| 3 | monthly information reported to the Chief Procurement | ||||||
| 4 | Officer. This exemption becomes inoperative 5 years after | ||||||
| 5 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
| 6 | (19) Acquisition of modifications or adjustments, | ||||||
| 7 | limited to assistive technology devices and assistive | ||||||
| 8 | technology services, adaptive equipment, repairs, and | ||||||
| 9 | replacement parts to provide reasonable accommodations (i) | ||||||
| 10 | that enable a qualified applicant with a disability to | ||||||
| 11 | complete the job application process and be considered for | ||||||
| 12 | the position such qualified applicant desires, (ii) that | ||||||
| 13 | modify or adjust the work environment to enable a | ||||||
| 14 | qualified current employee with a disability to perform | ||||||
| 15 | the essential functions of the position held by that | ||||||
| 16 | employee, (iii) to enable a qualified current employee | ||||||
| 17 | with a disability to enjoy equal benefits and privileges | ||||||
| 18 | of employment as are enjoyed by other similarly situated | ||||||
| 19 | employees without disabilities, and (iv) that allow a | ||||||
| 20 | customer, client, claimant, or member of the public | ||||||
| 21 | seeking State services full use and enjoyment of and | ||||||
| 22 | access to its programs, services, or benefits. | ||||||
| 23 | For purposes of this paragraph (19): | ||||||
| 24 | "Assistive technology devices" means any item, piece | ||||||
| 25 | of equipment, or product system, whether acquired | ||||||
| 26 | commercially off the shelf, modified, or customized, that | ||||||
| |||||||
| |||||||
| 1 | is used to increase, maintain, or improve functional | ||||||
| 2 | capabilities of individuals with disabilities. | ||||||
| 3 | "Assistive technology services" means any service that | ||||||
| 4 | directly assists an individual with a disability in | ||||||
| 5 | selection, acquisition, or use of an assistive technology | ||||||
| 6 | device. | ||||||
| 7 | "Qualified" has the same meaning and use as provided | ||||||
| 8 | under the federal Americans with Disabilities Act when | ||||||
| 9 | describing an individual with a disability. | ||||||
| 10 | (20) Procurement expenditures necessary for the | ||||||
| 11 | Illinois Commerce Commission to hire third-party | ||||||
| 12 | facilitators pursuant to Sections 16-105.17 and 16-108.18 | ||||||
| 13 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
| 14 | Section 16-107.5 of the Public Utilities Act, a | ||||||
| 15 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
| 16 | Utilities Act, or a grid auditor pursuant to Section | ||||||
| 17 | 16-105.10 of the Public Utilities Act. | ||||||
| 18 | (21) Procurement expenditures for the purchase, | ||||||
| 19 | renewal, and expansion of software, software licenses, or | ||||||
| 20 | software maintenance agreements that support the efforts | ||||||
| 21 | of the Illinois State Police to enforce, regulate, and | ||||||
| 22 | administer the Firearm Owners Identification Card Act, the | ||||||
| 23 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
| 24 | Order Act, the Firearm Dealer License Certification Act, | ||||||
| 25 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
| 26 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
| |||||||
| |||||||
| 1 | Act, the Illinois Uniform Conviction Information Act, and | ||||||
| 2 | the Gun Trafficking Information Act, or establish or | ||||||
| 3 | maintain record management systems necessary to conduct | ||||||
| 4 | human trafficking investigations or gun trafficking or | ||||||
| 5 | other stolen firearm investigations. This paragraph (21) | ||||||
| 6 | applies to contracts entered into on or after January 10, | ||||||
| 7 | 2023 (the effective date of Public Act 102-1116) and the | ||||||
| 8 | renewal of contracts that are in effect on January 10, | ||||||
| 9 | 2023 (the effective date of Public Act 102-1116). | ||||||
| 10 | (22) Contracts for project management services and | ||||||
| 11 | system integration services required for the completion of | ||||||
| 12 | the State's enterprise resource planning project. This | ||||||
| 13 | exemption becomes inoperative 5 years after June 7, 2023 | ||||||
| 14 | (the effective date of the changes made to this Section by | ||||||
| 15 | Public Act 103-8). This paragraph (22) applies to | ||||||
| 16 | contracts entered into on or after June 7, 2023 (the | ||||||
| 17 | effective date of the changes made to this Section by | ||||||
| 18 | Public Act 103-8) and the renewal of contracts that are in | ||||||
| 19 | effect on June 7, 2023 (the effective date of the changes | ||||||
| 20 | made to this Section by Public Act 103-8). | ||||||
| 21 | (23) Procurements necessary for the Department of | ||||||
| 22 | Insurance to implement the Illinois Health Benefits | ||||||
| 23 | Exchange Law if the Department of Insurance has made a | ||||||
| 24 | good faith determination that it is necessary and | ||||||
| 25 | appropriate for the expenditure to fall within this | ||||||
| 26 | exemption. The procurement process shall be conducted in a | ||||||
| |||||||
| |||||||
| 1 | manner substantially in accordance with the requirements | ||||||
| 2 | of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||||||
| 3 | copy of these contracts shall be made available to the | ||||||
| 4 | Chief Procurement Officer immediately upon request. This | ||||||
| 5 | paragraph is inoperative 5 years after June 27, 2023 (the | ||||||
| 6 | effective date of Public Act 103-103). | ||||||
| 7 | (24) Contracts for public education programming, | ||||||
| 8 | noncommercial sustaining announcements, public service | ||||||
| 9 | announcements, and public awareness and education | ||||||
| 10 | messaging with the nonprofit trade associations of the | ||||||
| 11 | providers of those services that inform the public on | ||||||
| 12 | immediate and ongoing health and safety risks and hazards. | ||||||
| 13 | (25) Procurements necessary for the Department of | ||||||
| 14 | Early Childhood to implement the Department of Early | ||||||
| 15 | Childhood Act if the Department has made a good faith | ||||||
| 16 | determination that it is necessary and appropriate for the | ||||||
| 17 | expenditure to fall within this exemption. This exemption | ||||||
| 18 | shall only be used for products and services procured | ||||||
| 19 | solely for use by the Department of Early Childhood. The | ||||||
| 20 | procurements may include those necessary to design and | ||||||
| 21 | build integrated, operational systems of programs and | ||||||
| 22 | services. The procurements may include, but are not | ||||||
| 23 | limited to, those necessary to align and update program | ||||||
| 24 | standards, integrate funding systems, design and establish | ||||||
| 25 | data and reporting systems, align and update models for | ||||||
| 26 | technical assistance and professional development, design | ||||||
| |||||||
| |||||||
| 1 | systems to manage grants and ensure compliance, design and | ||||||
| 2 | implement management and operational structures, and | ||||||
| 3 | establish new means of engaging with families, educators, | ||||||
| 4 | providers, and stakeholders. The procurement processes | ||||||
| 5 | shall be conducted in a manner substantially in accordance | ||||||
| 6 | with the requirements of Article 50 (ethics) and Sections | ||||||
| 7 | 5-5 (Procurement Policy Board), 5-7 (Commission on Equity | ||||||
| 8 | and Inclusion), 20-80 (contract files), 20-120 | ||||||
| 9 | (subcontractors), 20-155 (paperwork), 20-160 | ||||||
| 10 | (ethics/campaign contribution prohibitions), 25-60 | ||||||
| 11 | (prevailing wage), and 25-90 (prohibited and authorized | ||||||
| 12 | cybersecurity) of this Code. Beginning January 1, 2025, | ||||||
| 13 | the Department of Early Childhood shall provide a | ||||||
| 14 | quarterly report to the General Assembly detailing a list | ||||||
| 15 | of expenditures and contracts for which the Department | ||||||
| 16 | uses this exemption. This paragraph is inoperative on and | ||||||
| 17 | after July 1, 2027. | ||||||
| 18 | (26) (25) Procurements that are necessary for | ||||||
| 19 | increasing the recruitment and retention of State | ||||||
| 20 | employees, particularly minority candidates for | ||||||
| 21 | employment, including: | ||||||
| 22 | (A) procurements related to registration fees for | ||||||
| 23 | job fairs and other outreach and recruitment events; | ||||||
| 24 | (B) production of recruitment materials; and | ||||||
| 25 | (C) other services related to recruitment and | ||||||
| 26 | retention of State employees. | ||||||
| |||||||
| |||||||
| 1 | The exemption under this paragraph (26) (25) applies | ||||||
| 2 | only if the State agency has made a good faith | ||||||
| 3 | determination that it is necessary and appropriate for the | ||||||
| 4 | expenditure to fall within this paragraph (26) (25). The | ||||||
| 5 | procurement process under this paragraph (26) (25) shall | ||||||
| 6 | be conducted in a manner substantially in accordance with | ||||||
| 7 | the requirements of Sections 20-160 and 25-60 and Article | ||||||
| 8 | 50 of this Code. A copy of these contracts shall be made | ||||||
| 9 | available to the Chief Procurement Officer immediately | ||||||
| 10 | upon request. Nothing in this paragraph (26) (25) | ||||||
| 11 | authorizes the replacement or diminishment of State | ||||||
| 12 | responsibilities in hiring or the positions that | ||||||
| 13 | effectuate that hiring. This paragraph (26) (25) is | ||||||
| 14 | inoperative on and after June 30, 2029. | ||||||
| 15 | Notwithstanding any other provision of law, for contracts | ||||||
| 16 | with an annual value of more than $100,000 entered into on or | ||||||
| 17 | after October 1, 2017 under an exemption provided in any | ||||||
| 18 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
| 19 | or (5), each State agency shall post to the appropriate | ||||||
| 20 | procurement bulletin the name of the contractor, a description | ||||||
| 21 | of the supply or service provided, the total amount of the | ||||||
| 22 | contract, the term of the contract, and the exception to the | ||||||
| 23 | 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 | ||||||
| |||||||
| |||||||
| 1 | chief 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. This Code does not apply to the procurement of | ||||||
| 6 | technical and policy experts pursuant to Section 1-129 of the | ||||||
| 7 | Illinois Power Agency Act. | ||||||
| 8 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
| 9 | and as expressly required by Section 9.1 of the Illinois | ||||||
| 10 | Lottery Law, the provisions of this Code do not apply to the | ||||||
| 11 | procurement process provided for under Section 9.1 of the | ||||||
| 12 | Illinois Lottery Law. | ||||||
| 13 | (e) This Code does not apply to the process used by the | ||||||
| 14 | Capital Development Board to retain a person or entity to | ||||||
| 15 | assist the Capital Development Board with its duties related | ||||||
| 16 | to the determination of costs of a clean coal SNG brownfield | ||||||
| 17 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
| 18 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
| 19 | of the Public Utilities Act, including calculating the range | ||||||
| 20 | of capital costs, the range of operating and maintenance | ||||||
| 21 | costs, or the sequestration costs or monitoring the | ||||||
| 22 | construction of clean coal SNG brownfield facility for the | ||||||
| 23 | full duration of construction. | ||||||
| 24 | (f) (Blank). | ||||||
| 25 | (g) (Blank). | ||||||
| 26 | (h) This Code does not apply to the process to procure or | ||||||
| |||||||
| |||||||
| 1 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
| 2 | 11-5.3 of the Illinois Public Aid Code. | ||||||
| 3 | (i) Each chief procurement officer may access records | ||||||
| 4 | necessary to review whether a contract, purchase, or other | ||||||
| 5 | expenditure is or is not subject to the provisions of this | ||||||
| 6 | Code, unless such records would be subject to attorney-client | ||||||
| 7 | privilege. | ||||||
| 8 | (j) This Code does not apply to the process used by the | ||||||
| 9 | Capital Development Board to retain an artist or work or works | ||||||
| 10 | of art as required in Section 14 of the Capital Development | ||||||
| 11 | Board Act. | ||||||
| 12 | (k) This Code does not apply to the process to procure | ||||||
| 13 | contracts, or contracts entered into, by the State Board of | ||||||
| 14 | Elections or the State Electoral Board for hearing officers | ||||||
| 15 | appointed pursuant to the Election Code. | ||||||
| 16 | (l) This Code does not apply to the processes used by the | ||||||
| 17 | Illinois Student Assistance Commission to procure supplies and | ||||||
| 18 | services paid for from the private funds of the Illinois | ||||||
| 19 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
| 20 | funds" means funds derived from deposits paid into the | ||||||
| 21 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
| 22 | (m) This Code shall apply regardless of the source of | ||||||
| 23 | funds with which contracts are paid, including federal | ||||||
| 24 | assistance moneys. Except as specifically provided in this | ||||||
| 25 | Code, this Code shall not apply to procurement expenditures | ||||||
| 26 | necessary for the Department of Public Health to conduct the | ||||||
| |||||||
| |||||||
| 1 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
| 2 | the Department of Public Health Powers and Duties Law of the | ||||||
| 3 | Civil Administrative Code of Illinois. | ||||||
| 4 | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | ||||||
| 5 | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | ||||||
| 6 | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
| 7 | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | ||||||
| 8 | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, | ||||||
| 9 | eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; | ||||||
| 10 | revised 11-26-24.)
| ||||||
| 11 | (30 ILCS 500/20-60) | ||||||
| 12 | Sec. 20-60. Duration of contracts. | ||||||
| 13 | (a) Maximum duration. A contract may be entered into for | ||||||
| 14 | any period of time deemed to be in the best interests of the | ||||||
| 15 | State but not exceeding 10 years inclusive, beginning January | ||||||
| 16 | 1, 2010, of proposed contract renewals; provided, however, in | ||||||
| 17 | connection with the issuance of certificates of participation | ||||||
| 18 | or bonds, the governing board of a public institution of | ||||||
| 19 | higher education may enter into contracts in excess of 10 | ||||||
| 20 | years but not to exceed 30 years for the purpose of financing | ||||||
| 21 | or refinancing real or personal property. Third parties may | ||||||
| 22 | lease State-owned communications infrastructure, including | ||||||
| 23 | dark fiber networks, conduit, and excess communication tower | ||||||
| 24 | capacity, for any period of time deemed to be in the best | ||||||
| 25 | interest of the State, but not exceeding 20 years. The length | ||||||
| |||||||
| |||||||
| 1 | of a lease for real property or capital improvements shall be | ||||||
| 2 | in accordance with the provisions of Section 40-25. The length | ||||||
| 3 | of energy conservation program contracts or energy savings | ||||||
| 4 | contracts or leases shall be in accordance with the provisions | ||||||
| 5 | of Section 25-45. A contract for bond or mortgage insurance | ||||||
| 6 | awarded by the Illinois Housing Development Authority, | ||||||
| 7 | however, may be entered into for any period of time less than | ||||||
| 8 | or equal to the maximum period of time that the subject bond or | ||||||
| 9 | mortgage may remain outstanding. Contracts may be entered into | ||||||
| 10 | that extend beyond the active term of the award, so long as the | ||||||
| 11 | contract was entered into prior to the award expiration date | ||||||
| 12 | and does not exceed 10 years. | ||||||
| 13 | (b) Subject to appropriation. All contracts made or | ||||||
| 14 | entered into shall recite that they are subject to termination | ||||||
| 15 | and cancellation in any year for which the General Assembly | ||||||
| 16 | fails to make an appropriation to make payments under the | ||||||
| 17 | terms of the contract. | ||||||
| 18 | (c) The chief procurement officer shall file a proposed | ||||||
| 19 | extension or renewal of a contract with the Procurement Policy | ||||||
| 20 | Board and the Commission on Equity and Inclusion prior to | ||||||
| 21 | entering into any extension or renewal if the cost associated | ||||||
| 22 | with the extension or renewal exceeds $249,999. The | ||||||
| 23 | Procurement Policy Board or the Commission on Equity and | ||||||
| 24 | Inclusion may object to the proposed extension or renewal | ||||||
| 25 | within 14 calendar days and require a hearing before the Board | ||||||
| 26 | or the Commission on Equity and Inclusion prior to entering | ||||||
| |||||||
| |||||||
| 1 | into the extension or renewal. If the Procurement Policy Board | ||||||
| 2 | or the Commission on Equity and Inclusion does not object | ||||||
| 3 | within 14 calendar days or takes affirmative action to | ||||||
| 4 | recommend the extension or renewal, the chief procurement | ||||||
| 5 | officer may enter into the extension or renewal of a contract. | ||||||
| 6 | This subsection does not apply to any emergency procurement, | ||||||
| 7 | any procurement under Article 40, or any procurement exempted | ||||||
| 8 | by Section 1-10(b) of this Code. If any State agency contract | ||||||
| 9 | is paid for in whole or in part with federal-aid funds, grants, | ||||||
| 10 | or loans and the provisions of this subsection would result in | ||||||
| 11 | the loss of those federal-aid funds, grants, or loans, then | ||||||
| 12 | the contract is exempt from the provisions of this subsection | ||||||
| 13 | in order to remain eligible for those federal-aid funds, | ||||||
| 14 | grants, or loans, and the State agency shall file notice of | ||||||
| 15 | this exemption with the Procurement Policy Board or the | ||||||
| 16 | Commission on Equity and Inclusion prior to entering into the | ||||||
| 17 | proposed extension or renewal. Nothing in this subsection | ||||||
| 18 | permits a chief procurement officer to enter into an extension | ||||||
| 19 | or renewal in violation of subsection (a). By August 1 each | ||||||
| 20 | year, the Procurement Policy Board and the Commission on | ||||||
| 21 | Equity and Inclusion shall each file a report with the General | ||||||
| 22 | Assembly identifying for the previous fiscal year (i) the | ||||||
| 23 | proposed extensions or renewals that were filed and whether | ||||||
| 24 | such extensions and renewals were objected to and (ii) the | ||||||
| 25 | contracts exempt from this subsection. | ||||||
| 26 | (d) Notwithstanding the provisions of subsection (a) of | ||||||
| |||||||
| |||||||
| 1 | this Section, the Department of Innovation and Technology may | ||||||
| 2 | enter into leases for dark fiber networks for any period of | ||||||
| 3 | time deemed to be in the best interests of the State but not | ||||||
| 4 | exceeding 20 years inclusive. The Department of Innovation and | ||||||
| 5 | Technology may lease dark fiber networks from third parties | ||||||
| 6 | only for the primary purpose of providing services (i) to the | ||||||
| 7 | offices of Governor, Lieutenant Governor, Attorney General, | ||||||
| 8 | Secretary of State, Comptroller, or Treasurer and State | ||||||
| 9 | agencies, as defined under Section 5-15 of the Civil | ||||||
| 10 | Administrative Code of Illinois or (ii) for anchor | ||||||
| 11 | institutions, as defined in Section 7 of the Illinois Century | ||||||
| 12 | Network Act. Dark fiber network lease contracts shall be | ||||||
| 13 | subject to all other provisions of this Code and any | ||||||
| 14 | applicable rules or requirements, including, but not limited | ||||||
| 15 | to, publication of lease solicitations, use of standard State | ||||||
| 16 | contracting terms and conditions, and approval of vendor | ||||||
| 17 | certifications and financial disclosures. | ||||||
| 18 | (e) As used in this Section, "dark fiber network" means a | ||||||
| 19 | network of fiber optic cables laid but currently unused by a | ||||||
| 20 | third party that the third party is leasing for use as network | ||||||
| 21 | infrastructure. | ||||||
| 22 | (f) No vendor shall be eligible for renewal of a contract | ||||||
| 23 | when that vendor has failed to meet the goals agreed to in the | ||||||
| 24 | vendor's utilization plan, as defined in Section 2 of the | ||||||
| 25 | Business Enterprise for Minorities, Women, and Persons with | ||||||
| 26 | Disabilities Act, unless the State agency or public | ||||||
| |||||||
| |||||||
| 1 | institution of higher education has determined that the vendor | ||||||
| 2 | made good faith efforts toward meeting the contract goals. If | ||||||
| 3 | the State agency or public institution of higher education | ||||||
| 4 | determines that the vendor made good faith efforts, the agency | ||||||
| 5 | or public institution of higher education may issue a waiver | ||||||
| 6 | after concurrence by the chief procurement officer, which | ||||||
| 7 | shall not be unreasonably withheld or impair a State agency | ||||||
| 8 | determination to execute the renewal. The form and content of | ||||||
| 9 | the waiver shall be prescribed by each chief procurement | ||||||
| 10 | officer, but shall not impair a State agency or public | ||||||
| 11 | institution of higher education determination to execute the | ||||||
| 12 | renewal. The chief procurement officer shall post the | ||||||
| 13 | completed form on his or her official website within 5 | ||||||
| 14 | business days after receipt from the State agency or public | ||||||
| 15 | institution of higher education. The chief procurement officer | ||||||
| 16 | shall maintain on his or her official website a database of | ||||||
| 17 | waivers granted under this Section with respect to contracts | ||||||
| 18 | under his or her jurisdiction. The database shall be updated | ||||||
| 19 | periodically and shall be searchable by contractor name and by | ||||||
| 20 | contracting State agency or public institution of higher | ||||||
| 21 | education. | ||||||
| 22 | (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; | ||||||
| 23 | 103-570, eff. 1-1-24; 103-865, Article 2, Section 2-5, eff. | ||||||
| 24 | 1-1-25; 103-865, Article 5, Section 5-5, eff. 1-1-25; revised | ||||||
| 25 | 11-26-24.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 500/45-57) | ||||||
| 2 | Sec. 45-57. Veterans. | ||||||
| 3 | (a) Set-aside goal. It is the goal of the State to promote | ||||||
| 4 | and encourage the continued economic development of small | ||||||
| 5 | businesses owned and controlled by qualified veterans and that | ||||||
| 6 | qualified service-disabled veteran-owned small businesses | ||||||
| 7 | (referred to as SDVOSB) and veteran-owned small businesses | ||||||
| 8 | (referred to as VOSB) participate in the State's procurement | ||||||
| 9 | process as both prime contractors and subcontractors. Not less | ||||||
| 10 | than 3% of the total dollar amount of State contracts, as | ||||||
| 11 | defined by the Commission on Equity and Inclusion, shall be | ||||||
| 12 | established as a goal to be awarded to SDVOSB and VOSB. That | ||||||
| 13 | portion of a contract under which the contractor subcontracts | ||||||
| 14 | with a SDVOSB or VOSB may be counted toward the goal of this | ||||||
| 15 | subsection. The Commission on Equity and Inclusion shall adopt | ||||||
| 16 | rules to implement compliance with this subsection by all | ||||||
| 17 | State agencies. | ||||||
| 18 | (b) Fiscal year reports. By each November 1, each chief | ||||||
| 19 | procurement officer shall report to the Commission on Equity | ||||||
| 20 | and Inclusion on all of the following for the immediately | ||||||
| 21 | preceding fiscal year, and by each March 1 the Commission on | ||||||
| 22 | Equity and Inclusion shall compile and report that information | ||||||
| 23 | to the General Assembly: | ||||||
| 24 | (1) The total number of VOSB, and the number of | ||||||
| 25 | SDVOSB, who submitted bids for contracts under this Code. | ||||||
| 26 | (2) The total number of VOSB, and the number of | ||||||
| |||||||
| |||||||
| 1 | SDVOSB, who entered into contracts with the State under | ||||||
| 2 | this Code and the total value of those contracts. | ||||||
| 3 | (b-5) The Commission on Equity and Inclusion shall submit | ||||||
| 4 | an annual report to the Governor and the General Assembly that | ||||||
| 5 | shall include the following: | ||||||
| 6 | (1) a year-by-year comparison of the number of | ||||||
| 7 | certifications the State has issued to veteran-owned small | ||||||
| 8 | businesses and service-disabled veteran-owned small | ||||||
| 9 | businesses; | ||||||
| 10 | (2) the obstacles, if any, the Commission on Equity | ||||||
| 11 | and Inclusion faces when certifying veteran-owned | ||||||
| 12 | businesses and possible rules or changes to rules to | ||||||
| 13 | address those issues; | ||||||
| 14 | (3) a year-by-year comparison of awarded contracts to | ||||||
| 15 | certified veteran-owned small businesses and | ||||||
| 16 | service-disabled veteran-owned small businesses; and | ||||||
| 17 | (4) any other information that the Commission on | ||||||
| 18 | Equity and Inclusion deems necessary to assist | ||||||
| 19 | veteran-owned small businesses and service-disabled | ||||||
| 20 | veteran-owned small businesses to become certified with | ||||||
| 21 | the State. | ||||||
| 22 | The Commission on Equity and Inclusion shall conduct a | ||||||
| 23 | minimum of 2 outreach events per year to ensure that | ||||||
| 24 | veteran-owned small businesses and service-disabled | ||||||
| 25 | veteran-owned small businesses know about the procurement | ||||||
| 26 | opportunities and certification requirements with the State. | ||||||
| |||||||
| |||||||
| 1 | The Commission on Equity and Inclusion may receive | ||||||
| 2 | appropriations for outreach. | ||||||
| 3 | (c) Yearly review and recommendations. Each year, each | ||||||
| 4 | chief procurement officer shall review the progress of all | ||||||
| 5 | State agencies under its jurisdiction in meeting the goal | ||||||
| 6 | described in subsection (a), with input from statewide | ||||||
| 7 | veterans' service organizations and from the business | ||||||
| 8 | community, including businesses owned by qualified veterans, | ||||||
| 9 | and shall make recommendations to be included in the | ||||||
| 10 | Commission on Equity and Inclusion's report to the General | ||||||
| 11 | Assembly regarding continuation, increases, or decreases of | ||||||
| 12 | the percentage goal. The recommendations shall be based upon | ||||||
| 13 | the number of businesses that are owned by qualified veterans | ||||||
| 14 | and on the continued need to encourage and promote businesses | ||||||
| 15 | owned by qualified veterans. | ||||||
| 16 | (d) Governor's recommendations. To assist the State in | ||||||
| 17 | reaching the goal described in subsection (a), the Governor | ||||||
| 18 | shall recommend to the General Assembly changes in programs to | ||||||
| 19 | assist businesses owned by qualified veterans. | ||||||
| 20 | (e) Definitions. As used in this Section: | ||||||
| 21 | "Armed forces of the United States" means the United | ||||||
| 22 | States Army, Navy, Air Force, Space Force, Marine Corps, Coast | ||||||
| 23 | Guard, or service in active duty as defined under 38 U.S.C. | ||||||
| 24 | Section 101. Service in the Merchant Marine that constitutes | ||||||
| 25 | active duty under Section 401 of federal Public Law Act 95-202 | ||||||
| 26 | shall also be considered service in the armed forces for | ||||||
| |||||||
| |||||||
| 1 | purposes of this Section. | ||||||
| 2 | "Certification" means a determination made by the Illinois | ||||||
| 3 | Department of Veterans' Affairs and the Commission on Equity | ||||||
| 4 | and Inclusion that a business entity is a qualified | ||||||
| 5 | service-disabled veteran-owned small business or a qualified | ||||||
| 6 | veteran-owned small business for whatever purpose. A SDVOSB or | ||||||
| 7 | VOSB owned and controlled by women, minorities, or persons | ||||||
| 8 | with disabilities, as those terms are defined in Section 2 of | ||||||
| 9 | the Business Enterprise for Minorities, Women, and Persons | ||||||
| 10 | with Disabilities Act, may also select and designate whether | ||||||
| 11 | that business is to be certified as a "women-owned business", | ||||||
| 12 | "minority-owned business", or "business owned by a person with | ||||||
| 13 | a disability", as defined in Section 2 of the Business | ||||||
| 14 | Enterprise for Minorities, Women, and Persons with | ||||||
| 15 | Disabilities Act. | ||||||
| 16 | "Control" means the exclusive, ultimate, majority, or sole | ||||||
| 17 | control of the business, including but not limited to capital | ||||||
| 18 | investment and all other financial matters, property, | ||||||
| 19 | acquisitions, contract negotiations, legal matters, | ||||||
| 20 | officer-director-employee selection and comprehensive hiring, | ||||||
| 21 | operation responsibilities, cost-control matters, income and | ||||||
| 22 | dividend matters, financial transactions, and rights of other | ||||||
| 23 | shareholders or joint partners. Control shall be real, | ||||||
| 24 | substantial, and continuing, not pro forma. Control shall | ||||||
| 25 | include the power to direct or cause the direction of the | ||||||
| 26 | management and policies of the business and to make the | ||||||
| |||||||
| |||||||
| 1 | day-to-day as well as major decisions in matters of policy, | ||||||
| 2 | management, and operations. Control shall be exemplified by | ||||||
| 3 | possessing the requisite knowledge and expertise to run the | ||||||
| 4 | particular business, and control shall not include simple | ||||||
| 5 | majority or absentee ownership. | ||||||
| 6 | "Qualified service-disabled veteran" means a veteran who | ||||||
| 7 | has been found to have 10% or more service-connected | ||||||
| 8 | disability by the United States Department of Veterans Affairs | ||||||
| 9 | or the United States Department of Defense. | ||||||
| 10 | "Qualified service-disabled veteran-owned small business" | ||||||
| 11 | or "SDVOSB" means a small business (i) that is at least 51% | ||||||
| 12 | owned by one or more qualified service-disabled veterans | ||||||
| 13 | living in Illinois or, in the case of a corporation, at least | ||||||
| 14 | 51% of the stock of which is owned by one or more qualified | ||||||
| 15 | service-disabled veterans living in Illinois; (ii) that has | ||||||
| 16 | its home office in Illinois; and (iii) for which items (i) and | ||||||
| 17 | (ii) are factually verified annually by the Commission on | ||||||
| 18 | Equity and Inclusion. | ||||||
| 19 | "Qualified veteran-owned small business" or "VOSB" means a | ||||||
| 20 | small business (i) that is at least 51% owned by one or more | ||||||
| 21 | qualified veterans living in Illinois or, in the case of a | ||||||
| 22 | corporation, at least 51% of the stock of which is owned by one | ||||||
| 23 | or more qualified veterans living in Illinois; (ii) that has | ||||||
| 24 | its home office in Illinois; and (iii) for which items (i) and | ||||||
| 25 | (ii) are factually verified annually by the Commission on | ||||||
| 26 | Equity and Inclusion. | ||||||
| |||||||
| |||||||
| 1 | "Service-connected disability" means a disability incurred | ||||||
| 2 | in the line of duty in the active military, naval, or air | ||||||
| 3 | service as described in 38 U.S.C. 101(16). | ||||||
| 4 | "Small business" means a business that has annual gross | ||||||
| 5 | sales of less than $150,000,000 as evidenced by the federal | ||||||
| 6 | income tax return of the business. A firm with gross sales in | ||||||
| 7 | excess of this cap may apply to the Commission on Equity and | ||||||
| 8 | Inclusion for certification for a particular contract if the | ||||||
| 9 | firm can demonstrate that the contract would have significant | ||||||
| 10 | impact on SDVOSB or VOSB as suppliers or subcontractors or in | ||||||
| 11 | employment of veterans or service-disabled veterans. | ||||||
| 12 | "State agency" has the meaning provided in Section | ||||||
| 13 | 1-15.100 of this Code. | ||||||
| 14 | "Time of hostilities with a foreign country" means any | ||||||
| 15 | period of time in the past, present, or future during which a | ||||||
| 16 | declaration of war by the United States Congress has been or is | ||||||
| 17 | in effect or during which an emergency condition has been or is | ||||||
| 18 | in effect that is recognized by the issuance of a Presidential | ||||||
| 19 | proclamation or a Presidential executive order and in which | ||||||
| 20 | the armed forces expeditionary medal or other campaign service | ||||||
| 21 | medals are awarded according to Presidential executive order. | ||||||
| 22 | "Veteran" means a person who (i) has been a member of the | ||||||
| 23 | armed forces of the United States or, while a citizen of the | ||||||
| 24 | United States, was a member of the armed forces of allies of | ||||||
| 25 | the United States in time of hostilities with a foreign | ||||||
| 26 | country and (ii) has served under one or more of the following | ||||||
| |||||||
| |||||||
| 1 | conditions: (a) the veteran served a total of at least 6 | ||||||
| 2 | months; (b) the veteran served for the duration of hostilities | ||||||
| 3 | regardless of the length of the engagement; (c) the veteran | ||||||
| 4 | was discharged on the basis of hardship; or (d) the veteran was | ||||||
| 5 | released from active duty because of a service connected | ||||||
| 6 | disability and was discharged under honorable conditions. | ||||||
| 7 | (f) Certification program. The Illinois Department of | ||||||
| 8 | Veterans' Affairs and the Commission on Equity and Inclusion | ||||||
| 9 | shall work together to devise a certification procedure to | ||||||
| 10 | assure that businesses taking advantage of this Section are | ||||||
| 11 | legitimately classified as qualified service-disabled | ||||||
| 12 | veteran-owned small businesses or qualified veteran-owned | ||||||
| 13 | small businesses. | ||||||
| 14 | The Commission on Equity and Inclusion shall: | ||||||
| 15 | (1) compile and maintain a comprehensive list of | ||||||
| 16 | certified veteran-owned small businesses and | ||||||
| 17 | service-disabled veteran-owned small businesses; | ||||||
| 18 | (2) assist veteran-owned small businesses and | ||||||
| 19 | service-disabled veteran-owned small businesses in | ||||||
| 20 | complying with the procedures for bidding on State | ||||||
| 21 | contracts; | ||||||
| 22 | (3) provide training for State agencies regarding the | ||||||
| 23 | goal setting process and compliance with veteran-owned | ||||||
| 24 | small business and service-disabled veteran-owned small | ||||||
| 25 | business goals; and | ||||||
| 26 | (4) implement and maintain an electronic portal on the | ||||||
| |||||||
| |||||||
| 1 | Commission on Equity and Inclusion's website for the | ||||||
| 2 | purpose of completing and submitting veteran-owned small | ||||||
| 3 | business and service-disabled veteran-owned small business | ||||||
| 4 | certificates. | ||||||
| 5 | The Commission on Equity and Inclusion, in consultation | ||||||
| 6 | with the Department of Veterans' Affairs, may develop programs | ||||||
| 7 | and agreements to encourage cities, counties, towns, | ||||||
| 8 | townships, and other certifying entities to adopt uniform | ||||||
| 9 | certification procedures and certification recognition | ||||||
| 10 | programs. | ||||||
| 11 | (f-5) A business shall be certified by the Commission on | ||||||
| 12 | Equity and Inclusion as a service-disabled veteran-owned small | ||||||
| 13 | business or a veteran-owned small business for purposes of | ||||||
| 14 | this Section if the Commission on Equity and Inclusion | ||||||
| 15 | determines that the business has been certified as a | ||||||
| 16 | service-disabled veteran-owned small business or a | ||||||
| 17 | veteran-owned small business by the Vets First Verification | ||||||
| 18 | Program of the United States Department of Veterans Affairs, | ||||||
| 19 | and the business has provided to the Commission on Equity and | ||||||
| 20 | Inclusion the following: | ||||||
| 21 | (1) documentation showing certification as a | ||||||
| 22 | service-disabled veteran-owned small business or a | ||||||
| 23 | veteran-owned small business by the Vets First | ||||||
| 24 | Verification Program of the United States Department of | ||||||
| 25 | Veterans Affairs; | ||||||
| 26 | (2) proof that the business has its home office in | ||||||
| |||||||
| |||||||
| 1 | Illinois; and | ||||||
| 2 | (3) proof that the qualified veterans or qualified | ||||||
| 3 | service-disabled veterans live in the State of Illinois. | ||||||
| 4 | The policies of the Commission on Equity and Inclusion | ||||||
| 5 | regarding recognition of the Vets First Verification Program | ||||||
| 6 | of the United States Department of Veterans Affairs shall be | ||||||
| 7 | reviewed annually by the Commission on Equity and Inclusion, | ||||||
| 8 | and recognition of service-disabled veteran-owned small | ||||||
| 9 | businesses and veteran-owned small businesses certified by the | ||||||
| 10 | Vets First Verification Program of the United States | ||||||
| 11 | Department of Veterans Affairs may be discontinued by the | ||||||
| 12 | Commission on Equity and Inclusion by rule upon a finding that | ||||||
| 13 | the certification standards of the Vets First Verification | ||||||
| 14 | Program of the United States Department of Veterans Affairs do | ||||||
| 15 | not meet the certification requirements established by the | ||||||
| 16 | Commission on Equity and Inclusion. | ||||||
| 17 | (g) Penalties. | ||||||
| 18 | (1) Administrative penalties. The chief procurement | ||||||
| 19 | officers appointed pursuant to Section 10-20 shall suspend | ||||||
| 20 | any person who commits a violation of Section 17-10.3 or | ||||||
| 21 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
| 22 | 2012 relating to this Section from bidding on, or | ||||||
| 23 | participating as a contractor, subcontractor, or supplier | ||||||
| 24 | in, any State contract or project for a period of not less | ||||||
| 25 | than 3 years, and, if the person is certified as a | ||||||
| 26 | service-disabled veteran-owned small business or a | ||||||
| |||||||
| |||||||
| 1 | veteran-owned small business, then the Commission on | ||||||
| 2 | Equity and Inclusion shall revoke the business's | ||||||
| 3 | certification for a period of not less than 3 years. An | ||||||
| 4 | additional or subsequent violation shall extend the | ||||||
| 5 | periods of suspension and revocation for a period of not | ||||||
| 6 | less than 5 years. The suspension and revocation shall | ||||||
| 7 | apply to the principals of the business and any subsequent | ||||||
| 8 | business formed or financed by, or affiliated with, those | ||||||
| 9 | principals. | ||||||
| 10 | (2) Reports of violations. Each State agency shall | ||||||
| 11 | report any alleged violation of Section 17-10.3 or | ||||||
| 12 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
| 13 | 2012 relating to this Section to the chief procurement | ||||||
| 14 | officers appointed pursuant to Section 10-20. The chief | ||||||
| 15 | procurement officers appointed pursuant to Section 10-20 | ||||||
| 16 | shall subsequently report all such alleged violations to | ||||||
| 17 | the Attorney General, who shall determine whether to bring | ||||||
| 18 | a civil action against any person for the violation. | ||||||
| 19 | (3) List of suspended persons. The chief procurement | ||||||
| 20 | officers appointed pursuant to Section 10-20 shall monitor | ||||||
| 21 | the status of all reported violations of Section 17-10.3 | ||||||
| 22 | or subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
| 23 | 1961 or the Criminal Code of 2012 relating to this Section | ||||||
| 24 | and shall maintain and make available to all State | ||||||
| 25 | agencies a central listing of all persons that committed | ||||||
| 26 | violations resulting in suspension. | ||||||
| |||||||
| |||||||
| 1 | (4) Use of suspended persons. During the period of a | ||||||
| 2 | person's suspension under paragraph (1) of this | ||||||
| 3 | subsection, a State agency shall not enter into any | ||||||
| 4 | contract with that person or with any contractor using the | ||||||
| 5 | services of that person as a subcontractor. | ||||||
| 6 | (5) Duty to check list. Each State agency shall check | ||||||
| 7 | the central listing provided by the chief procurement | ||||||
| 8 | officers appointed pursuant to Section 10-20 under | ||||||
| 9 | paragraph (3) of this subsection to verify that a person | ||||||
| 10 | being awarded a contract by that State agency, or to be | ||||||
| 11 | used as a subcontractor or supplier on a contract being | ||||||
| 12 | awarded by that State agency, is not under suspension | ||||||
| 13 | pursuant to paragraph (1) of this subsection. | ||||||
| 14 | (h) On and after November 30, 2021 (the effective date of | ||||||
| 15 | Public Act 102-671) this amendatory Act of the 102nd General | ||||||
| 16 | Assembly, all powers, duties, rights, and responsibilities of | ||||||
| 17 | the Department of Central Management Services with respect to | ||||||
| 18 | the requirements of this Section are transferred to the | ||||||
| 19 | Commission on Equity and Inclusion. | ||||||
| 20 | All books, records, papers, documents, property (real and | ||||||
| 21 | personal), contracts, causes of action, and pending business | ||||||
| 22 | pertaining to the powers, duties, rights, and responsibilities | ||||||
| 23 | transferred by Public Act 102-671 this amendatory Act from the | ||||||
| 24 | Department of Central Management Services to the Commission on | ||||||
| 25 | Equity and Inclusion, including, but not limited to, material | ||||||
| 26 | in electronic or magnetic format and necessary computer | ||||||
| |||||||
| |||||||
| 1 | hardware and software, shall be transferred to the Commission | ||||||
| 2 | on Equity and Inclusion. | ||||||
| 3 | The powers, duties, rights, and responsibilities | ||||||
| 4 | transferred from the Department of Central Management Services | ||||||
| 5 | by this amendatory Act shall be vested in and shall be | ||||||
| 6 | exercised by the Commission on Equity and Inclusion. | ||||||
| 7 | Whenever reports or notices are now required to be made or | ||||||
| 8 | given or papers or documents furnished or served by any person | ||||||
| 9 | to or upon the Department of Central Management Services in | ||||||
| 10 | connection with any of the powers, duties, rights, and | ||||||
| 11 | responsibilities transferred by Public Act 102-671 this | ||||||
| 12 | amendatory Act, the same shall be made, given, furnished, or | ||||||
| 13 | served in the same manner to or upon the Commission on Equity | ||||||
| 14 | and Inclusion. | ||||||
| 15 | Public Act 102-671 This amendatory Act of the 102nd | ||||||
| 16 | General Assembly does not affect any act done, ratified, or | ||||||
| 17 | canceled or any right occurring or established or any action | ||||||
| 18 | or proceeding had or commenced in an administrative, civil, or | ||||||
| 19 | criminal cause by the Department of Central Management | ||||||
| 20 | Services before this amendatory Act takes effect; such actions | ||||||
| 21 | or proceedings may be prosecuted and continued by the | ||||||
| 22 | Commission on Equity and Inclusion. | ||||||
| 23 | Any rules of the Department of Central Management Services | ||||||
| 24 | that relate to its powers, duties, rights, and | ||||||
| 25 | responsibilities under this Section and are in full force on | ||||||
| 26 | the effective date of Public Act 102-671 this amendatory Act | ||||||
| |||||||
| |||||||
| 1 | of the 102nd General Assembly shall become the rules of the | ||||||
| 2 | Commission on Equity and Inclusion. Public Act 102-671 This | ||||||
| 3 | amendatory Act does not affect the legality of any such rules | ||||||
| 4 | in the Illinois Administrative Code. Any proposed rules filed | ||||||
| 5 | with the Secretary of State by the Department of Central | ||||||
| 6 | Management Services that are pending in the rulemaking process | ||||||
| 7 | on November 30, 2021 the effective date of this amendatory Act | ||||||
| 8 | and pertain to the powers, duties, rights, and | ||||||
| 9 | responsibilities transferred, shall be deemed to have been | ||||||
| 10 | filed by the Commission on Equity and Inclusion. As soon as | ||||||
| 11 | practicable hereafter, the Commission on Equity and Inclusion | ||||||
| 12 | shall revise and clarify the rules transferred to it under | ||||||
| 13 | Public Act 102-671 this amendatory Act to reflect the | ||||||
| 14 | reorganization of powers, duties, rights, and responsibilities | ||||||
| 15 | affected by Public Act 102-671 this amendatory Act, using the | ||||||
| 16 | procedures for recodification of rules available under the | ||||||
| 17 | Illinois Administrative Procedure Act, except that existing | ||||||
| 18 | title, part, and section numbering for the affected rules may | ||||||
| 19 | be retained. The Commission on Equity and Inclusion may | ||||||
| 20 | propose and adopt under the Illinois Administrative Procedure | ||||||
| 21 | Act such other rules of the Department of Central Management | ||||||
| 22 | Services that will now be administered by the Commission on | ||||||
| 23 | Equity and Inclusion. | ||||||
| 24 | (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21; | ||||||
| 25 | 103-570, eff. 1-1-24; 103-746, eff. 1-1-25; revised 11-22-24.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 500/45-105) | ||||||
| 2 | Sec. 45-105. Bid preference for Illinois businesses. | ||||||
| 3 | (a) (Blank). | ||||||
| 4 | (b) It is hereby declared to be the public policy of the | ||||||
| 5 | State of Illinois to promote the economy of Illinois through | ||||||
| 6 | the use of Illinois businesses for all State construction | ||||||
| 7 | contracts. | ||||||
| 8 | (c) A construction agency, as defined in Section 1-15.25, | ||||||
| 9 | procuring construction services shall make reasonable efforts | ||||||
| 10 | to contract with Illinois businesses. | ||||||
| 11 | (d) Each construction agency shall submit a report to the | ||||||
| 12 | Governor and the General Assembly by December 1 of each year | ||||||
| 13 | that identifies the Illinois businesses procured by the | ||||||
| 14 | construction agency, the primary location of the construction | ||||||
| 15 | project, the percentage of the construction agency's | ||||||
| 16 | utilization of Illinois businesses on the project as a whole, | ||||||
| 17 | and the actions that the construction agency has undertaken to | ||||||
| 18 | increase the use of Illinois businesses. | ||||||
| 19 | (e) In procuring construction services for projects with a | ||||||
| 20 | total value that exceeds the small purchase maximum | ||||||
| 21 | established by Section 20-20 of this Code, construction | ||||||
| 22 | agencies shall provide a bid preference to a responsive and | ||||||
| 23 | responsible bidder that is an Illinois business as defined in | ||||||
| 24 | this Section. The construction agency shall allocate to the | ||||||
| 25 | lowest bid by an Illinois business that is responsible and | ||||||
| 26 | responsive a bid preference of 4% of the contract base bid. | ||||||
| |||||||
| |||||||
| 1 | This subsection applies only to projects where a business that | ||||||
| 2 | is not an Illinois business submits a bid. | ||||||
| 3 | (e-5) The chief procurement officer shall require at the | ||||||
| 4 | time of submission of a bid, and may require at the chief | ||||||
| 5 | procurement officer's option at any time during the term of | ||||||
| 6 | the contract, that the bidder or contractor submit an | ||||||
| 7 | affidavit and other supporting documents demonstrating that | ||||||
| 8 | the bidder or contractor is an Illinois business and, if | ||||||
| 9 | applicable, submit an affidavit and other supporting documents | ||||||
| 10 | demonstrating that the bidder or contractor is eligible for a | ||||||
| 11 | 4% bid preference under this Section. | ||||||
| 12 | (e-10) If a contractor who is awarded a contract through | ||||||
| 13 | the use of a preference for Illinois businesses provided false | ||||||
| 14 | information in order to obtain that preference, then the | ||||||
| 15 | contractor is subject to disciplinary procedures as identified | ||||||
| 16 | in Section 50-65 of this Act. | ||||||
| 17 | (f) This Section does not apply to any contract for any | ||||||
| 18 | project for which federal funds are available for expenditure | ||||||
| 19 | when its provisions may be in conflict with federal law or | ||||||
| 20 | federal regulation. | ||||||
| 21 | (g) As used in this Section, "Illinois business" means a | ||||||
| 22 | contractor that is, for at least one year prior, operating and | ||||||
| 23 | headquartered in Illinois, subject to applicable State taxes, | ||||||
| 24 | and providing, at the time that an invitation for a bid or | ||||||
| 25 | notice of contract opportunity is first advertised, | ||||||
| 26 | construction services. "Illinois business" includes a foreign | ||||||
| |||||||
| |||||||
| 1 | corporation duly authorized to transact business in this State | ||||||
| 2 | that has a bona fide establishment for transacting business | ||||||
| 3 | within this State where it is operating, headquartered, and | ||||||
| 4 | performing construction or construction-related professional | ||||||
| 5 | services at least one year before an invitation for a bid or | ||||||
| 6 | notice of contract opportunity is first advertised. | ||||||
| 7 | "Illinois business" does not include any subcontractors or | ||||||
| 8 | businesses headquartered outside of the State that have an | ||||||
| 9 | affiliated entity operating in the State. | ||||||
| 10 | (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24; | ||||||
| 11 | 103-865, Article 35, Section 35-5, eff. 1-1-25; 103-865, | ||||||
| 12 | Article 65, Section 65-5, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 13 | Section 245. The Commission on Equity and Inclusion Act is | ||||||
| 14 | amended by changing Section 40-10 as follows:
| ||||||
| 15 | (30 ILCS 574/40-10) | ||||||
| 16 | (Text of Section before amendment by P.A. 103-961) | ||||||
| 17 | Sec. 40-10. Powers and duties. In addition to the other | ||||||
| 18 | powers and duties which may be prescribed in this Act or | ||||||
| 19 | elsewhere, the Commission shall have the following powers and | ||||||
| 20 | duties: | ||||||
| 21 | (1) The Commission shall have a role in all State and | ||||||
| 22 | university procurement by facilitating and streamlining | ||||||
| 23 | communications between the Business Enterprise Council for | ||||||
| 24 | Minorities, Women, and Persons with Disabilities, the | ||||||
| |||||||
| |||||||
| 1 | purchasing entities, the Chief Procurement Officers, and | ||||||
| 2 | others. | ||||||
| 3 | (2) The Commission may create a scoring evaluation for | ||||||
| 4 | State agency directors, public university presidents and | ||||||
| 5 | chancellors, and public community college presidents. The | ||||||
| 6 | scoring shall be based on the following 3 principles: (i) | ||||||
| 7 | increasing capacity; (ii) growing revenue; and (iii) | ||||||
| 8 | enhancing credentials. These principles should be the | ||||||
| 9 | foundation of the agency compliance plan required under | ||||||
| 10 | Section 6 of the Business Enterprise for Minorities, | ||||||
| 11 | Women, and Persons with Disabilities Act. | ||||||
| 12 | (3) The Commission shall exercise the authority and | ||||||
| 13 | duties provided to it under Section 5-7 of the Illinois | ||||||
| 14 | Procurement Code. | ||||||
| 15 | (4) The Commission, working with State agencies, shall | ||||||
| 16 | provide support for diversity in State hiring. | ||||||
| 17 | (5) The Commission shall supervise the implementation | ||||||
| 18 | and effectiveness of supplier diversity training of the | ||||||
| 19 | State procurement workforce. | ||||||
| 20 | (6) Each January, and as otherwise frequently as may | ||||||
| 21 | be deemed necessary and appropriate by the Commission, the | ||||||
| 22 | Commission shall propose and submit to the Governor and | ||||||
| 23 | the General Assembly legislative changes to increase | ||||||
| 24 | inclusion and diversity in State government. | ||||||
| 25 | (7) The Commission shall have oversight over the | ||||||
| 26 | following entities: | ||||||
| |||||||
| |||||||
| 1 | (A) the Illinois African-American Family | ||||||
| 2 | Commission; | ||||||
| 3 | (B) the Illinois Latino Family Commission; | ||||||
| 4 | (C) the Asian American Family Commission; | ||||||
| 5 | (D) the Illinois Muslim American Advisory Council; | ||||||
| 6 | (E) the Illinois African-American Fair Contracting | ||||||
| 7 | Commission created under Executive Order 2018-07; and | ||||||
| 8 | (F) the Business Enterprise Council for | ||||||
| 9 | Minorities, Women, and Persons with Disabilities. | ||||||
| 10 | (8) The Commission shall adopt any rules necessary for | ||||||
| 11 | the implementation and administration of the requirements | ||||||
| 12 | of this Act. | ||||||
| 13 | (9) The Commission shall exercise the authority and | ||||||
| 14 | duties provided to it under Section 45-57 of the Illinois | ||||||
| 15 | Procurement Code. | ||||||
| 16 | (10) The Commission is responsible for completing | ||||||
| 17 | studies as required by Section 35-15 of the Illinois | ||||||
| 18 | Community Reinvestment Act. | ||||||
| 19 | (Source: P.A. 102-29, eff. 6-25-21; 102-671, eff. 11-30-21; | ||||||
| 20 | 103-865, eff. 1-1-25; 103-959, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 21 | (Text of Section after amendment by P.A. 103-961) | ||||||
| 22 | Sec. 40-10. Powers and duties. In addition to the other | ||||||
| 23 | powers and duties which may be prescribed in this Act or | ||||||
| 24 | elsewhere, the Commission shall have the following powers and | ||||||
| 25 | duties: | ||||||
| |||||||
| |||||||
| 1 | (1) The Commission shall have a role in all State and | ||||||
| 2 | university procurement by facilitating and streamlining | ||||||
| 3 | communications between the Business Enterprise Council for | ||||||
| 4 | Minorities, Women, and Persons with Disabilities, the | ||||||
| 5 | purchasing entities, the Chief Procurement Officers, and | ||||||
| 6 | others. | ||||||
| 7 | (2) The Commission may create a scoring evaluation for | ||||||
| 8 | State agency directors, public university presidents and | ||||||
| 9 | chancellors, and public community college presidents. The | ||||||
| 10 | scoring shall be based on the following 3 principles: (i) | ||||||
| 11 | increasing capacity; (ii) growing revenue; and (iii) | ||||||
| 12 | enhancing credentials. These principles should be the | ||||||
| 13 | foundation of the agency compliance plan required under | ||||||
| 14 | Section 6 of the Business Enterprise for Minorities, | ||||||
| 15 | Women, and Persons with Disabilities Act. | ||||||
| 16 | (3) The Commission shall exercise the authority and | ||||||
| 17 | duties provided to it under Section 5-7 of the Illinois | ||||||
| 18 | Procurement Code. | ||||||
| 19 | (4) The Commission, working with State agencies, shall | ||||||
| 20 | provide support for diversity in State hiring. | ||||||
| 21 | (5) The Commission shall supervise the implementation | ||||||
| 22 | and effectiveness of supplier diversity training of the | ||||||
| 23 | State procurement workforce. | ||||||
| 24 | (6) Each January, and as otherwise frequently as may | ||||||
| 25 | be deemed necessary and appropriate by the Commission, the | ||||||
| 26 | Commission shall propose and submit to the Governor and | ||||||
| |||||||
| |||||||
| 1 | the General Assembly legislative changes to increase | ||||||
| 2 | inclusion and diversity in State government. | ||||||
| 3 | (7) The Commission shall have oversight over the | ||||||
| 4 | following entities: | ||||||
| 5 | (A) the Illinois African-American Family | ||||||
| 6 | Commission; | ||||||
| 7 | (B) the Illinois Latino Family Commission; | ||||||
| 8 | (C) the Asian American Family Commission; | ||||||
| 9 | (D) the Illinois Muslim American Advisory Council; | ||||||
| 10 | (E) the Illinois African-American Fair Contracting | ||||||
| 11 | Commission created under Executive Order 2018-07; and | ||||||
| 12 | (F) the Business Enterprise Council for | ||||||
| 13 | Minorities, Women, and Persons with Disabilities. | ||||||
| 14 | (7.5) The Commission shall have oversight over the | ||||||
| 15 | collection of supplier diversity reports by State agencies | ||||||
| 16 | to the extent that those agencies are required to collect | ||||||
| 17 | supplier diversity reports. This oversight shall include | ||||||
| 18 | publishing, on the Commission's website, a copy of each | ||||||
| 19 | such supplier diversity report submitted to a State agency | ||||||
| 20 | and may include conducting an annual hearing with each | ||||||
| 21 | State agency to discuss ongoing compliance with supplier | ||||||
| 22 | diversity reporting requirements. The Commission is not | ||||||
| 23 | responsible for ensuring compliance by the filers of | ||||||
| 24 | supplier diversity reports to their respective agencies. | ||||||
| 25 | The agencies subject to oversight by the Commission and | ||||||
| 26 | the relevant voluntary supplier diversity reports include | ||||||
| |||||||
| |||||||
| 1 | the following: | ||||||
| 2 | (A) the Health Facilities and Services Review | ||||||
| 3 | Board for hospitals; | ||||||
| 4 | (B) the Department of Commerce and Economic | ||||||
| 5 | Opportunity for tax credit recipients under the | ||||||
| 6 | Economic Development for a Growing Economy Tax Credit | ||||||
| 7 | Act; | ||||||
| 8 | (C) the Illinois Commerce Commission for utilities | ||||||
| 9 | and railroads; | ||||||
| 10 | (D) the Illinois Gaming Board for casinos; and | ||||||
| 11 | (E) the Illinois Racing Board for race tracks. | ||||||
| 12 | (7.6) The Commission may hold public workshops focused | ||||||
| 13 | on specific industries and reports to collaboratively | ||||||
| 14 | connect diverse enterprises with entities that manage | ||||||
| 15 | supplier diversity programs. These workshops may be | ||||||
| 16 | modeled after Illinois Commerce Commission hearings for | ||||||
| 17 | utilities and railroads that include a collaborative | ||||||
| 18 | discussion of filed supplier diversity reports. | ||||||
| 19 | (8) The Commission shall adopt any rules necessary for | ||||||
| 20 | the implementation and administration of the requirements | ||||||
| 21 | of this Act. | ||||||
| 22 | (9) The Commission shall exercise the authority and | ||||||
| 23 | duties provided to it under Section 45-57 of the Illinois | ||||||
| 24 | Procurement Code. | ||||||
| 25 | (10) The Commission is responsible for completing | ||||||
| 26 | studies as required by Section 35-15 of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Community Reinvestment Act. | ||||||
| 2 | (Source: P.A. 102-29, eff. 6-25-21; 102-671, eff. 11-30-21; | ||||||
| 3 | 103-865, eff. 1-1-25; 103-959, eff. 1-1-25; 103-961, eff. | ||||||
| 4 | 7-1-25; revised 11-26-24.)
| ||||||
| 5 | Section 250. The Grant Accountability and Transparency Act | ||||||
| 6 | is amended by changing Section 15 as follows:
| ||||||
| 7 | (30 ILCS 708/15) | ||||||
| 8 | Sec. 15. Definitions. As used in this Act: | ||||||
| 9 | "Allowable cost" means a cost allowable to a project if: | ||||||
| 10 | (1) the costs are reasonable and necessary for the | ||||||
| 11 | performance of the award; | ||||||
| 12 | (2) the costs are allocable to the specific project; | ||||||
| 13 | (3) the costs are treated consistently in like | ||||||
| 14 | circumstances to both federally-financed and other | ||||||
| 15 | activities of the non-federal entity; | ||||||
| 16 | (4) the costs conform to any limitations of the cost | ||||||
| 17 | principles or the sponsored agreement; | ||||||
| 18 | (5) the costs are accorded consistent treatment; a | ||||||
| 19 | cost may not be assigned to a State or federal award as a | ||||||
| 20 | direct cost if any other cost incurred for the same | ||||||
| 21 | purpose in like circumstances has been allocated to the | ||||||
| 22 | award as an indirect cost; | ||||||
| 23 | (6) the costs are determined to be in accordance with | ||||||
| 24 | generally accepted accounting principles; | ||||||
| |||||||
| |||||||
| 1 | (7) the costs are not included as a cost or used to | ||||||
| 2 | meet federal cost-sharing or matching requirements of any | ||||||
| 3 | other program in either the current or prior period; | ||||||
| 4 | (8) the costs of one State or federal grant are not | ||||||
| 5 | used to meet the match requirements of another State or | ||||||
| 6 | federal grant; and | ||||||
| 7 | (9) the costs are adequately documented. | ||||||
| 8 | "Auditee" means any non-federal entity that expends State | ||||||
| 9 | or federal awards that must be audited. | ||||||
| 10 | "Auditor" means an auditor who is a public accountant or a | ||||||
| 11 | federal, State, or local government audit organization that | ||||||
| 12 | meets the general standards specified in generally-accepted | ||||||
| 13 | government auditing standards. "Auditor" does not include | ||||||
| 14 | internal auditors of nonprofit organizations. | ||||||
| 15 | "Auditor General" means the Auditor General of the State | ||||||
| 16 | of Illinois. | ||||||
| 17 | "Award" means financial assistance that provides support | ||||||
| 18 | or stimulation to accomplish a public purpose. "Awards" | ||||||
| 19 | include grants and other agreements in the form of money, or | ||||||
| 20 | property in lieu of money, by the State or federal government | ||||||
| 21 | to an eligible recipient. "Award" does not include: technical | ||||||
| 22 | assistance that provides services instead of money; other | ||||||
| 23 | assistance in the form of loans, loan guarantees, interest | ||||||
| 24 | subsidies, or insurance; direct payments of any kind to | ||||||
| 25 | individuals; or contracts that must be entered into and | ||||||
| 26 | administered under State or federal procurement laws and | ||||||
| |||||||
| |||||||
| 1 | regulations. | ||||||
| 2 | "Budget" means the financial plan for the project or | ||||||
| 3 | program that the awarding agency or pass-through entity | ||||||
| 4 | approves during the award process or in subsequent amendments | ||||||
| 5 | to the award. It may include the State or federal and | ||||||
| 6 | non-federal share or only the State or federal share, as | ||||||
| 7 | determined by the awarding agency or pass-through entity. | ||||||
| 8 | "Catalog of Federal Domestic Assistance" or "CFDA" means a | ||||||
| 9 | database that helps the federal government track all programs | ||||||
| 10 | it has domestically funded. | ||||||
| 11 | "Catalog of Federal Domestic Assistance number" or "CFDA | ||||||
| 12 | number" means the number assigned to a federal program in the | ||||||
| 13 | CFDA. | ||||||
| 14 | "Catalog of State Financial Assistance" means the single, | ||||||
| 15 | authoritative, statewide, comprehensive source document of | ||||||
| 16 | State financial assistance program information maintained by | ||||||
| 17 | the Governor's Office of Management and Budget. | ||||||
| 18 | "Catalog of State Financial Assistance Number" means the | ||||||
| 19 | number assigned to a State program in the Catalog of State | ||||||
| 20 | Financial Assistance. The first 3 digits represent the State | ||||||
| 21 | agency number and the last 4 digits represent the program. | ||||||
| 22 | "Cluster of programs" means a grouping of closely related | ||||||
| 23 | programs that share common compliance requirements. The types | ||||||
| 24 | of clusters of programs are research and development, student | ||||||
| 25 | financial aid, and other clusters. A "cluster of programs" | ||||||
| 26 | shall be considered as one program for determining major | ||||||
| |||||||
| |||||||
| 1 | programs and, with the exception of research and development, | ||||||
| 2 | whether a program-specific audit may be elected. | ||||||
| 3 | "Cognizant agency for audit" means the federal agency | ||||||
| 4 | designated to carry out the responsibilities described in 2 | ||||||
| 5 | CFR 200.513(a). | ||||||
| 6 | "Contract" means a legal instrument by which a non-federal | ||||||
| 7 | entity purchases property or services needed to carry out the | ||||||
| 8 | project or program under an award. "Contract" does not include | ||||||
| 9 | a legal instrument, even if the non-federal entity considers | ||||||
| 10 | it a contract, when the substance of the transaction meets the | ||||||
| 11 | definition of an award or subaward. | ||||||
| 12 | "Contractor" means an entity that receives a contract. | ||||||
| 13 | "Cooperative agreement" means a legal instrument of | ||||||
| 14 | financial assistance between an awarding agency or | ||||||
| 15 | pass-through entity and a non-federal entity that: | ||||||
| 16 | (1) is used to enter into a relationship with the | ||||||
| 17 | principal purpose of transferring anything of value from | ||||||
| 18 | the awarding agency or pass-through entity to the | ||||||
| 19 | non-federal entity to carry out a public purpose | ||||||
| 20 | authorized by law, but is not used to acquire property or | ||||||
| 21 | services for the awarding agency's or pass-through | ||||||
| 22 | entity's direct benefit or use; and | ||||||
| 23 | (2) is distinguished from a grant in that it provides | ||||||
| 24 | for substantial involvement between the awarding agency or | ||||||
| 25 | pass-through entity and the non-federal entity in carrying | ||||||
| 26 | out the activity contemplated by the award. | ||||||
| |||||||
| |||||||
| 1 | "Cooperative agreement" does not include a cooperative | ||||||
| 2 | research and development agreement, nor an agreement that | ||||||
| 3 | provides only direct cash assistance to an individual, a | ||||||
| 4 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
| 5 | "Corrective action" means action taken by the auditee that | ||||||
| 6 | (i) corrects identified deficiencies, (ii) produces | ||||||
| 7 | recommended improvements, or (iii) demonstrates that audit | ||||||
| 8 | findings are either invalid or do not warrant auditee action. | ||||||
| 9 | "Cost objective" means a program, function, activity, | ||||||
| 10 | award, organizational subdivision, contract, or work unit for | ||||||
| 11 | which cost data is desired and for which provision is made to | ||||||
| 12 | accumulate and measure the cost of processes, products, jobs, | ||||||
| 13 | and capital projects. A "cost objective" may be a major | ||||||
| 14 | function of the non-federal entity, a particular service or | ||||||
| 15 | project, an award, or an indirect cost activity. | ||||||
| 16 | "Cost sharing" means the portion of project costs not paid | ||||||
| 17 | by State or federal funds, unless otherwise authorized by | ||||||
| 18 | statute. | ||||||
| 19 | "Development" is the systematic use of knowledge and | ||||||
| 20 | understanding gained from research directed toward the | ||||||
| 21 | production of useful materials, devices, systems, or methods, | ||||||
| 22 | including design and development of prototypes and processes. | ||||||
| 23 | "Data Universal Numbering System number" means the 9-digit | ||||||
| 24 | number established and assigned by Dun and Bradstreet, Inc. to | ||||||
| 25 | uniquely identify entities and, under federal law, is required | ||||||
| 26 | for non-federal entities to apply for, receive, and report on | ||||||
| |||||||
| |||||||
| 1 | a federal award. | ||||||
| 2 | "Direct costs" means costs that can be identified | ||||||
| 3 | specifically with a particular final cost objective, such as a | ||||||
| 4 | State or federal or federal pass-through award or a particular | ||||||
| 5 | sponsored project, an instructional activity, or any other | ||||||
| 6 | institutional activity, or that can be directly assigned to | ||||||
| 7 | such activities relatively easily with a high degree of | ||||||
| 8 | accuracy. | ||||||
| 9 | "Equipment" means tangible personal property (including | ||||||
| 10 | information technology systems) having a useful life of more | ||||||
| 11 | than one year and a per-unit acquisition cost that equals or | ||||||
| 12 | exceeds the lesser of the capitalization level established by | ||||||
| 13 | the non-federal entity for financial statement purposes, or | ||||||
| 14 | $5,000. | ||||||
| 15 | "Executive branch" means that branch of State government | ||||||
| 16 | that is under the jurisdiction of the Governor. | ||||||
| 17 | "Federal agency" has the meaning provided for "agency" | ||||||
| 18 | under 5 U.S.C. 551(1) together with the meaning provided for | ||||||
| 19 | "agency" by 5 U.S.C. 552(f). | ||||||
| 20 | "Federal award" means: | ||||||
| 21 | (1) the federal financial assistance that a | ||||||
| 22 | non-federal entity receives directly from a federal | ||||||
| 23 | awarding agency or indirectly from a pass-through entity; | ||||||
| 24 | (2) the cost-reimbursement contract under the Federal | ||||||
| 25 | Acquisition Regulations that a non-federal entity receives | ||||||
| 26 | directly from a federal awarding agency or indirectly from | ||||||
| |||||||
| |||||||
| 1 | a pass-through entity; or | ||||||
| 2 | (3) the instrument setting forth the terms and | ||||||
| 3 | conditions when the instrument is the grant agreement, | ||||||
| 4 | cooperative agreement, other agreement for assistance | ||||||
| 5 | covered in 2 CFR 200, Subpart A, Acronyms and Definitions, | ||||||
| 6 | or the cost-reimbursement contract awarded under the | ||||||
| 7 | Federal Acquisition Regulations. | ||||||
| 8 | "Federal award" does not include other contracts that a | ||||||
| 9 | federal agency uses to buy goods or services from a contractor | ||||||
| 10 | or a contract to operate federal government owned, | ||||||
| 11 | contractor-operated facilities. | ||||||
| 12 | "Federal awarding agency" means the federal agency that | ||||||
| 13 | provides a federal award directly to a non-federal entity. | ||||||
| 14 | "Federal interest" means, for purposes of 2 CFR 200, | ||||||
| 15 | Subpart D, Post Federal Award Requirements (Performance and | ||||||
| 16 | Financial Monitoring and Reporting) or when used in connection | ||||||
| 17 | with the acquisition or improvement of real property, | ||||||
| 18 | equipment, or supplies under a federal award, the dollar | ||||||
| 19 | amount that is the product of the federal share of total | ||||||
| 20 | project costs and current fair market value of the property, | ||||||
| 21 | improvements, or both, to the extent the costs of acquiring or | ||||||
| 22 | improving the property were included as project costs. | ||||||
| 23 | "Federal program" means any of the following: | ||||||
| 24 | (1) All federal awards which are assigned a single | ||||||
| 25 | number in the CFDA. | ||||||
| 26 | (2) When no CFDA number is assigned, all federal | ||||||
| |||||||
| |||||||
| 1 | awards to non-federal entities from the same agency made | ||||||
| 2 | for the same purpose should be combined and considered one | ||||||
| 3 | program. | ||||||
| 4 | (3) Notwithstanding paragraphs (1) and (2) of this | ||||||
| 5 | definition, a cluster of programs. The types of clusters | ||||||
| 6 | of programs are: | ||||||
| 7 | (A) research and development; | ||||||
| 8 | (B) student financial aid; and | ||||||
| 9 | (C) "other clusters", as described in the | ||||||
| 10 | definition of "cluster of programs". | ||||||
| 11 | "Federal share" means the portion of the total project | ||||||
| 12 | costs that are paid by federal funds. | ||||||
| 13 | "Final cost objective" means a cost objective which has | ||||||
| 14 | allocated to it both direct and indirect costs and, in the | ||||||
| 15 | non-federal entity's accumulation system, is one of the final | ||||||
| 16 | accumulation points, such as a particular award, internal | ||||||
| 17 | project, or other direct activity of a non-federal entity. | ||||||
| 18 | "Financial assistance" means the following: | ||||||
| 19 | (1) For grants and cooperative agreements, "financial | ||||||
| 20 | assistance" means assistance that non-federal entities | ||||||
| 21 | receive or administer in the form of: | ||||||
| 22 | (A) grants; | ||||||
| 23 | (B) cooperative agreements; | ||||||
| 24 | (C) non-cash contributions or donations of | ||||||
| 25 | property, including donated surplus property; | ||||||
| 26 | (D) direct appropriations; | ||||||
| |||||||
| |||||||
| 1 | (E) food commodities; and | ||||||
| 2 | (F) other financial assistance, except assistance | ||||||
| 3 | listed in paragraph (2) of this definition. | ||||||
| 4 | (2) "Financial assistance" includes assistance that | ||||||
| 5 | non-federal entities receive or administer in the form of | ||||||
| 6 | loans, loan guarantees, interest subsidies, and insurance. | ||||||
| 7 | (3) "Financial assistance" does not include amounts | ||||||
| 8 | received as reimbursement for services rendered to | ||||||
| 9 | individuals. | ||||||
| 10 | "Fixed amount awards" means a type of grant agreement | ||||||
| 11 | under which the awarding agency or pass-through entity | ||||||
| 12 | provides a specific level of support without regard to actual | ||||||
| 13 | costs incurred under the award. "Fixed amount awards" reduce | ||||||
| 14 | some of the administrative burden and record-keeping | ||||||
| 15 | requirements for both the non-federal entity and awarding | ||||||
| 16 | agency or pass-through entity. Accountability is based | ||||||
| 17 | primarily on performance and results. | ||||||
| 18 | "Foreign public entity" means: | ||||||
| 19 | (1) a foreign government or foreign governmental | ||||||
| 20 | entity; | ||||||
| 21 | (2) a public international organization that is | ||||||
| 22 | entitled to enjoy privileges, exemptions, and immunities | ||||||
| 23 | as an international organization under the International | ||||||
| 24 | Organizations Immunities Act (22 U.S.C. 288-288f); | ||||||
| 25 | (3) an entity owned, in whole or in part, or | ||||||
| 26 | controlled by a foreign government; or | ||||||
| |||||||
| |||||||
| 1 | (4) any other entity consisting wholly or partially of | ||||||
| 2 | one or more foreign governments or foreign governmental | ||||||
| 3 | entities. | ||||||
| 4 | "Foreign organization" means an entity that is: | ||||||
| 5 | (1) a public or private organization located in a | ||||||
| 6 | country other than the United States and its territories | ||||||
| 7 | that are subject to the laws of the country in which it is | ||||||
| 8 | located, irrespective of the citizenship of project staff | ||||||
| 9 | or place of performance; | ||||||
| 10 | (2) a private nongovernmental organization located in | ||||||
| 11 | a country other than the United States that solicits and | ||||||
| 12 | receives cash contributions from the general public; | ||||||
| 13 | (3) a charitable organization located in a country | ||||||
| 14 | other than the United States that is nonprofit and tax | ||||||
| 15 | exempt under the laws of its country of domicile and | ||||||
| 16 | operation, but is not a university, college, accredited | ||||||
| 17 | degree-granting institution of education, private | ||||||
| 18 | foundation, hospital, organization engaged exclusively in | ||||||
| 19 | research or scientific activities, church, synagogue, | ||||||
| 20 | mosque, or other similar entity organized primarily for | ||||||
| 21 | religious purposes; or | ||||||
| 22 | (4) an organization located in a country other than | ||||||
| 23 | the United States not recognized as a Foreign Public | ||||||
| 24 | Entity. | ||||||
| 25 | "Generally Accepted Accounting Principles" has the meaning | ||||||
| 26 | provided in accounting standards issued by the Government | ||||||
| |||||||
| |||||||
| 1 | Accounting Standards Board and the Financial Accounting | ||||||
| 2 | Standards Board. | ||||||
| 3 | "Generally Accepted Government Auditing Standards" means | ||||||
| 4 | generally accepted government auditing standards issued by the | ||||||
| 5 | Comptroller General of the United States that are applicable | ||||||
| 6 | to financial audits. | ||||||
| 7 | "Grant agreement" means a legal instrument of financial | ||||||
| 8 | assistance between an awarding agency or pass-through entity | ||||||
| 9 | and a non-federal entity that: | ||||||
| 10 | (1) is used to enter into a relationship, the | ||||||
| 11 | principal purpose of which is to transfer anything of | ||||||
| 12 | value from the awarding agency or pass-through entity to | ||||||
| 13 | the non-federal entity to carry out a public purpose | ||||||
| 14 | authorized by law and not to acquire property or services | ||||||
| 15 | for the awarding agency or pass-through entity's direct | ||||||
| 16 | benefit or use; and | ||||||
| 17 | (2) is distinguished from a cooperative agreement in | ||||||
| 18 | that it does not provide for substantial involvement | ||||||
| 19 | between the awarding agency or pass-through entity and the | ||||||
| 20 | non-federal entity in carrying out the activity | ||||||
| 21 | contemplated by the award. | ||||||
| 22 | "Grant agreement" does not include an agreement that | ||||||
| 23 | provides only direct cash assistance to an individual, a | ||||||
| 24 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
| 25 | "Grant application" means a specified form that is | ||||||
| 26 | completed by a non-federal entity in connection with a request | ||||||
| |||||||
| |||||||
| 1 | for a specific funding opportunity or a request for financial | ||||||
| 2 | support of a project or activity. | ||||||
| 3 | "Hospital" means a facility licensed as a hospital under | ||||||
| 4 | the law of any state or a facility operated as a hospital by | ||||||
| 5 | the United States, a state, or a subdivision of a state. | ||||||
| 6 | "Illinois Debarred and Suspended List" means the list | ||||||
| 7 | maintained by the Governor's Office of Management and Budget | ||||||
| 8 | that contains the names of those individuals and entities that | ||||||
| 9 | are ineligible, either temporarily or permanently, from | ||||||
| 10 | receiving an award of grant funds from the State. | ||||||
| 11 | "Indirect cost" means those costs incurred for a common or | ||||||
| 12 | joint purpose benefiting benefitting more than one cost | ||||||
| 13 | objective and not readily assignable to the cost objectives | ||||||
| 14 | specifically benefited benefitted without effort | ||||||
| 15 | disproportionate to the results achieved. | ||||||
| 16 | "Inspector General" means the Office of the Executive | ||||||
| 17 | Inspector General for Executive branch agencies. | ||||||
| 18 | "Loan" means a State or federal loan or loan guarantee | ||||||
| 19 | received or administered by a non-federal entity. "Loan" does | ||||||
| 20 | not include a "program income" as defined in 2 CFR 200, Subpart | ||||||
| 21 | A, Acronyms and Definitions. | ||||||
| 22 | "Loan guarantee" means any State or federal government | ||||||
| 23 | guarantee, insurance, or other pledge with respect to the | ||||||
| 24 | payment of all or a part of the principal or interest on any | ||||||
| 25 | debt obligation of a non-federal borrower to a non-federal | ||||||
| 26 | lender, but does not include the insurance of deposits, | ||||||
| |||||||
| |||||||
| 1 | shares, or other withdrawable accounts in financial | ||||||
| 2 | institutions. | ||||||
| 3 | "Local government" has the meaning provided for the term | ||||||
| 4 | "units of local government" under Section 1 of Article VII of | ||||||
| 5 | the Illinois Constitution and includes school districts. | ||||||
| 6 | "Major program" means a federal program determined by the | ||||||
| 7 | auditor to be a major program in accordance with 2 CFR 200.518 | ||||||
| 8 | or a program identified as a major program by a federal | ||||||
| 9 | awarding agency or pass-through entity in accordance with 2 | ||||||
| 10 | CFR 200.503(e). | ||||||
| 11 | "Non-federal entity" means a state, local government, | ||||||
| 12 | Indian tribe, institution of higher education, or | ||||||
| 13 | organization, whether nonprofit or for-profit, that carries | ||||||
| 14 | out a State or federal award as a recipient or subrecipient. | ||||||
| 15 | "Nonprofit organization" means any corporation, trust, | ||||||
| 16 | association, cooperative, or other organization, not including | ||||||
| 17 | institutions of higher education, that: | ||||||
| 18 | (1) is operated primarily for scientific, educational, | ||||||
| 19 | service, charitable, or similar purposes in the public | ||||||
| 20 | interest; | ||||||
| 21 | (2) is not organized primarily for profit; and | ||||||
| 22 | (3) uses net proceeds to maintain, improve, or expand | ||||||
| 23 | the operations of the organization. | ||||||
| 24 | "Obligations", when used in connection with a non-federal | ||||||
| 25 | entity's utilization of funds under an award, means orders | ||||||
| 26 | placed for property and services, contracts and subawards | ||||||
| |||||||
| |||||||
| 1 | made, and similar transactions during a given period that | ||||||
| 2 | require payment by the non-federal entity during the same or a | ||||||
| 3 | future period. | ||||||
| 4 | "Office of Management and Budget" means the Office of | ||||||
| 5 | Management and Budget of the Executive Office of the | ||||||
| 6 | President. | ||||||
| 7 | "Other clusters" has the meaning provided by the federal | ||||||
| 8 | Office of Management and Budget in the compliance supplement | ||||||
| 9 | or has the meaning as it is designated by a state for federal | ||||||
| 10 | awards the state provides to its subrecipients that meet the | ||||||
| 11 | definition of a cluster of programs. When designating an | ||||||
| 12 | "other cluster", a state must identify the federal awards | ||||||
| 13 | included in the cluster and advise the subrecipients of | ||||||
| 14 | compliance requirements applicable to the cluster. | ||||||
| 15 | "Oversight agency for audit" means the federal awarding | ||||||
| 16 | agency that provides the predominant amount of funding | ||||||
| 17 | directly to a non-federal entity not assigned a cognizant | ||||||
| 18 | agency for audit. When there is no direct funding, the | ||||||
| 19 | awarding agency that is the predominant source of pass-through | ||||||
| 20 | funding must assume the oversight responsibilities. The duties | ||||||
| 21 | of the oversight agency for audit and the process for any | ||||||
| 22 | reassignments are described in 2 CFR 200.513(b). | ||||||
| 23 | "Pass-through entity" means a non-federal entity that | ||||||
| 24 | provides a subaward to a subrecipient to carry out part of a | ||||||
| 25 | program. | ||||||
| 26 | "Private award" means an award from a person or entity | ||||||
| |||||||
| |||||||
| 1 | other than a State or federal entity. Private awards are not | ||||||
| 2 | subject to the provisions of this Act. | ||||||
| 3 | "Property" means real property or personal property. | ||||||
| 4 | "Project cost" means total allowable costs incurred under | ||||||
| 5 | an award and all required cost sharing and voluntary committed | ||||||
| 6 | cost sharing, including third-party contributions. | ||||||
| 7 | "Public institutions of higher education" has the meaning | ||||||
| 8 | provided in Section 1 of the Board of Higher Education Act. | ||||||
| 9 | "Recipient" means a non-federal entity that receives an | ||||||
| 10 | award directly from an awarding agency to carry out an | ||||||
| 11 | activity under a program. "Recipient" does not include | ||||||
| 12 | subrecipients. | ||||||
| 13 | "Research and Development" means all research activities, | ||||||
| 14 | both basic and applied, and all development activities that | ||||||
| 15 | are performed by non-federal entities. | ||||||
| 16 | "Single Audit Act" means the federal Single Audit Act | ||||||
| 17 | Amendments of 1996 (31 U.S.C. 7501-7507). | ||||||
| 18 | "State agency" means an Executive branch agency. For | ||||||
| 19 | purposes of this Act, "State agency" does not include public | ||||||
| 20 | institutions of higher education. | ||||||
| 21 | "State award" means the financial assistance that a | ||||||
| 22 | non-federal entity receives from the State and that is funded | ||||||
| 23 | with either State funds or federal funds; in the latter case, | ||||||
| 24 | the State is acting as a pass-through entity. | ||||||
| 25 | "State awarding agency" means a State agency that provides | ||||||
| 26 | an award to a non-federal entity. | ||||||
| |||||||
| |||||||
| 1 | "State grant-making agency" has the same meaning as "State | ||||||
| 2 | awarding agency". | ||||||
| 3 | "State interest" means the acquisition or improvement of | ||||||
| 4 | real property, equipment, or supplies under a State award, the | ||||||
| 5 | dollar amount that is the product of the State share of the | ||||||
| 6 | total project costs and current fair market value of the | ||||||
| 7 | property, improvements, or both, to the extent the costs of | ||||||
| 8 | acquiring or improving the property were included as project | ||||||
| 9 | costs. | ||||||
| 10 | "State program" means any of the following: | ||||||
| 11 | (1) All State awards which are assigned a single | ||||||
| 12 | number in the Catalog of State Financial Assistance. | ||||||
| 13 | (2) When no Catalog of State Financial Assistance | ||||||
| 14 | number is assigned, all State awards to non-federal | ||||||
| 15 | entities from the same agency made for the same purpose | ||||||
| 16 | are considered one program. | ||||||
| 17 | (3) A cluster of programs as defined in this Section. | ||||||
| 18 | "State share" means the portion of the total project costs | ||||||
| 19 | that are paid by State funds. | ||||||
| 20 | "Stop payment order" means a communication from a State | ||||||
| 21 | grant-making agency to the Office of the Comptroller, | ||||||
| 22 | following procedures set out by the Office of the Comptroller, | ||||||
| 23 | causing the cessation of payments to a recipient or | ||||||
| 24 | subrecipient as a result of the recipient's or subrecipient's | ||||||
| 25 | failure to comply with one or more terms of the grant or | ||||||
| 26 | subaward. | ||||||
| |||||||
| |||||||
| 1 | "Stop payment procedure" means the procedure created by | ||||||
| 2 | the Office of the Comptroller which effects a stop payment | ||||||
| 3 | order and the lifting of a stop payment order upon the request | ||||||
| 4 | of the State grant-making agency. | ||||||
| 5 | "Student Financial Aid" means federal awards under those | ||||||
| 6 | programs of general student assistance, such as those | ||||||
| 7 | authorized by Title IV of the Higher Education Act of 1965, as | ||||||
| 8 | amended (20 U.S.C. 1070-1099d), that are administered by the | ||||||
| 9 | United States Department of Education and similar programs | ||||||
| 10 | provided by other federal agencies. "Student Financial Aid" | ||||||
| 11 | does not include federal awards under programs that provide | ||||||
| 12 | fellowships or similar federal awards to students on a | ||||||
| 13 | competitive basis or for specified studies or research. | ||||||
| 14 | "Subaward" means a State or federal award provided by a | ||||||
| 15 | pass-through entity to a subrecipient for the subrecipient to | ||||||
| 16 | carry out part of a federal award received by the pass-through | ||||||
| 17 | entity. "Subaward" does not include payments to a contractor | ||||||
| 18 | or payments to an individual that is a beneficiary of a federal | ||||||
| 19 | program. A "subaward" may be provided through any form of | ||||||
| 20 | legal agreement, including an agreement that the pass-through | ||||||
| 21 | entity considers a contract. | ||||||
| 22 | "Subrecipient" means a non-federal entity that receives a | ||||||
| 23 | State or federal subaward from a pass-through entity to carry | ||||||
| 24 | out part of a federal program. "Subrecipient" does not include | ||||||
| 25 | an individual that is a beneficiary of such program. A | ||||||
| 26 | "subrecipient" may also be a recipient of other State or | ||||||
| |||||||
| |||||||
| 1 | federal awards directly from a State or federal awarding | ||||||
| 2 | agency. | ||||||
| 3 | "Suspension" means a post-award action by the State or | ||||||
| 4 | federal agency or pass-through entity that temporarily | ||||||
| 5 | withdraws the State or federal agency's or pass-through | ||||||
| 6 | entity's financial assistance sponsorship under an award, | ||||||
| 7 | pending corrective action by the recipient or subrecipient or | ||||||
| 8 | pending a decision to terminate the award. | ||||||
| 9 | "Uniform Administrative Requirements, Costs Principles, | ||||||
| 10 | and Audit Requirements for Federal Awards" means those rules | ||||||
| 11 | applicable to grants contained in 2 CFR 200. | ||||||
| 12 | "Voluntary committed cost sharing" means cost sharing | ||||||
| 13 | specifically pledged on a voluntary basis in the proposal's | ||||||
| 14 | budget or the award on the part of the non-federal entity and | ||||||
| 15 | that becomes a binding requirement of the award. | ||||||
| 16 | (Source: P.A. 103-616, eff. 7-1-24; revised 10-24-24.)
| ||||||
| 17 | Section 255. The State Mandates Act is amended by changing | ||||||
| 18 | Section 8.33 as follows:
| ||||||
| 19 | (30 ILCS 805/8.33) | ||||||
| 20 | Sec. 8.33. Exempt mandate. | ||||||
| 21 | (a) (Blank). Notwithstanding the provisions of Sections 6 | ||||||
| 22 | and 8 of this Act, no reimbursement by the State is required | ||||||
| 23 | for the implementation of Section 5-42 of the Olympic Games | ||||||
| 24 | and Paralympic Games (2016) Law. | ||||||
| |||||||
| |||||||
| 1 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
| 2 | reimbursement by the State is required for the implementation | ||||||
| 3 | of any mandate created by Public Act 96-139, 96-251, 96-260, | ||||||
| 4 | 96-285, 96-297, 96-299, 96-343, 96-357, 96-410, 96-429, | ||||||
| 5 | 96-494, 96-505, 96-621, 96-650, 96-727, 96-745, 96-749, | ||||||
| 6 | 96-775, 96-841, or 96-843. | ||||||
| 7 | (c) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
| 8 | reimbursement by the State is required for the implementation | ||||||
| 9 | of any mandate created by the Identity Protection Act. | ||||||
| 10 | (Source: P.A. 96-7, eff. 4-3-09; 96-139, eff. 1-1-10; 96-251, | ||||||
| 11 | eff. 8-11-09; 96-260, eff. 8-11-09; 96-285, eff. 8-11-09; | ||||||
| 12 | 96-297, eff. 8-11-09; 96-299, eff. 8-11-09; 96-343, eff. | ||||||
| 13 | 8-11-09; 96-357, eff. 8-13-09; 96-410, eff. 7-1-10; 96-429, | ||||||
| 14 | eff. 8-13-09; 96-494, eff. 8-14-09; 96-505, eff. 8-14-09; | ||||||
| 15 | 96-621, eff. 1-1-10; 96-650, eff. 1-1-10; 96-727, eff. | ||||||
| 16 | 8-25-09; 96-745, eff. 8-25-09; 96-749, eff. 1-1-10; 96-775, | ||||||
| 17 | eff. 8-28-09; 96-841, eff. 12-23-09; 96-843, eff. 6-1-10; | ||||||
| 18 | 96-874, eff. 6-1-10; 96-1000, eff. 7-2-10; 97-333, eff. | ||||||
| 19 | 8-12-11; revised 7-24-24.)
| ||||||
| 20 | Section 260. The Illinois Income Tax Act is amended by | ||||||
| 21 | changing Sections 203, 244, 304, and 704A and by setting | ||||||
| 22 | forth, renumbering, and changing multiple versions of Section | ||||||
| 23 | 241 as follows:
| ||||||
| 24 | (35 ILCS 5/203) (from Ch. 120, par. 2-203) | ||||||
| |||||||
| |||||||
| 1 | Sec. 203. Base income defined. | ||||||
| 2 | (a) Individuals. | ||||||
| 3 | (1) In general. In the case of an individual, base | ||||||
| 4 | income means an amount equal to the taxpayer's adjusted | ||||||
| 5 | gross income for the taxable year as modified by paragraph | ||||||
| 6 | (2). | ||||||
| 7 | (2) Modifications. The adjusted gross income referred | ||||||
| 8 | to in paragraph (1) shall be modified by adding thereto | ||||||
| 9 | the sum of the following amounts: | ||||||
| 10 | (A) An amount equal to all amounts paid or accrued | ||||||
| 11 | to the taxpayer as interest or dividends during the | ||||||
| 12 | taxable year to the extent excluded from gross income | ||||||
| 13 | in the computation of adjusted gross income, except | ||||||
| 14 | stock dividends of qualified public utilities | ||||||
| 15 | described in Section 305(e) of the Internal Revenue | ||||||
| 16 | Code; | ||||||
| 17 | (B) An amount equal to the amount of tax imposed by | ||||||
| 18 | this Act to the extent deducted from gross income in | ||||||
| 19 | the computation of adjusted gross income for the | ||||||
| 20 | taxable year; | ||||||
| 21 | (C) An amount equal to the amount received during | ||||||
| 22 | the taxable year as a recovery or refund of real | ||||||
| 23 | property taxes paid with respect to the taxpayer's | ||||||
| 24 | principal residence under the Revenue Act of 1939 and | ||||||
| 25 | for which a deduction was previously taken under | ||||||
| 26 | subparagraph (L) of this paragraph (2) prior to July | ||||||
| |||||||
| |||||||
| 1 | 1, 1991, the retrospective application date of Article | ||||||
| 2 | 4 of Public Act 87-17. In the case of multi-unit or | ||||||
| 3 | multi-use structures and farm dwellings, the taxes on | ||||||
| 4 | the taxpayer's principal residence shall be that | ||||||
| 5 | portion of the total taxes for the entire property | ||||||
| 6 | which is attributable to such principal residence; | ||||||
| 7 | (D) An amount equal to the amount of the capital | ||||||
| 8 | gain deduction allowable under the Internal Revenue | ||||||
| 9 | Code, to the extent deducted from gross income in the | ||||||
| 10 | computation of adjusted gross income; | ||||||
| 11 | (D-5) An amount, to the extent not included in | ||||||
| 12 | adjusted gross income, equal to the amount of money | ||||||
| 13 | withdrawn by the taxpayer in the taxable year from a | ||||||
| 14 | medical care savings account and the interest earned | ||||||
| 15 | on the account in the taxable year of a withdrawal | ||||||
| 16 | pursuant to subsection (b) of Section 20 of the | ||||||
| 17 | Medical Care Savings Account Act or subsection (b) of | ||||||
| 18 | Section 20 of the Medical Care Savings Account Act of | ||||||
| 19 | 2000; | ||||||
| 20 | (D-10) For taxable years ending after December 31, | ||||||
| 21 | 1997, an amount equal to any eligible remediation | ||||||
| 22 | costs that the individual deducted in computing | ||||||
| 23 | adjusted gross income and for which the individual | ||||||
| 24 | claims a credit under subsection (l) of Section 201; | ||||||
| 25 | (D-15) For taxable years 2001 and thereafter, an | ||||||
| 26 | amount equal to the bonus depreciation deduction taken | ||||||
| |||||||
| |||||||
| 1 | on the taxpayer's federal income tax return for the | ||||||
| 2 | taxable year under subsection (k) of Section 168 of | ||||||
| 3 | the Internal Revenue Code; | ||||||
| 4 | (D-16) If the taxpayer sells, transfers, abandons, | ||||||
| 5 | or otherwise disposes of property for which the | ||||||
| 6 | taxpayer was required in any taxable year to make an | ||||||
| 7 | addition modification under subparagraph (D-15), then | ||||||
| 8 | an amount equal to the aggregate amount of the | ||||||
| 9 | deductions taken in all taxable years under | ||||||
| 10 | subparagraph (Z) with respect to that property. | ||||||
| 11 | If the taxpayer continues to own property through | ||||||
| 12 | the last day of the last tax year for which a | ||||||
| 13 | subtraction is allowed with respect to that property | ||||||
| 14 | under subparagraph (Z) and for which the taxpayer was | ||||||
| 15 | allowed in any taxable year to make a subtraction | ||||||
| 16 | modification under subparagraph (Z), then an amount | ||||||
| 17 | equal to that subtraction modification. | ||||||
| 18 | The taxpayer is required to make the addition | ||||||
| 19 | modification under this subparagraph only once with | ||||||
| 20 | respect to any one piece of property; | ||||||
| 21 | (D-17) An amount equal to the amount otherwise | ||||||
| 22 | allowed as a deduction in computing base income for | ||||||
| 23 | interest paid, accrued, or incurred, directly or | ||||||
| 24 | indirectly, (i) for taxable years ending on or after | ||||||
| 25 | December 31, 2004, to a foreign person who would be a | ||||||
| 26 | member of the same unitary business group but for the | ||||||
| |||||||
| |||||||
| 1 | fact that foreign person's business activity outside | ||||||
| 2 | the United States is 80% or more of the foreign | ||||||
| 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. The addition modification | ||||||
| 11 | required by this subparagraph shall be reduced to the | ||||||
| 12 | extent that dividends were included in base income of | ||||||
| 13 | the unitary group for the same taxable year and | ||||||
| 14 | received by the taxpayer or by a member of the | ||||||
| 15 | taxpayer's unitary business group (including amounts | ||||||
| 16 | included in gross income under Sections 951 through | ||||||
| 17 | 964 of the Internal Revenue Code and amounts included | ||||||
| 18 | in gross income under Section 78 of the Internal | ||||||
| 19 | Revenue Code) with respect to the stock of the same | ||||||
| 20 | person to whom the interest was paid, accrued, or | ||||||
| 21 | incurred. | ||||||
| 22 | This paragraph shall not apply to the following: | ||||||
| 23 | (i) an item of interest paid, accrued, or | ||||||
| 24 | incurred, directly or indirectly, to a person who | ||||||
| 25 | is subject in a foreign country or state, other | ||||||
| 26 | than a state which requires mandatory unitary | ||||||
| |||||||
| |||||||
| 1 | reporting, to a tax on or measured by net income | ||||||
| 2 | with respect to such interest; or | ||||||
| 3 | (ii) an item of interest paid, accrued, or | ||||||
| 4 | incurred, directly or indirectly, to a person if | ||||||
| 5 | the taxpayer can establish, based on a | ||||||
| 6 | preponderance of the evidence, both of the | ||||||
| 7 | following: | ||||||
| 8 | (a) the person, during the same taxable | ||||||
| 9 | year, paid, accrued, or incurred, the interest | ||||||
| 10 | to a person that is not a related member, and | ||||||
| 11 | (b) the transaction giving rise to the | ||||||
| 12 | interest expense between the taxpayer and the | ||||||
| 13 | person did not have as a principal purpose the | ||||||
| 14 | avoidance of Illinois income tax, and is paid | ||||||
| 15 | pursuant to a contract or agreement that | ||||||
| 16 | reflects an arm's-length interest rate and | ||||||
| 17 | terms; or | ||||||
| 18 | (iii) the taxpayer can establish, based on | ||||||
| 19 | clear and convincing evidence, that the interest | ||||||
| 20 | paid, accrued, or incurred relates to a contract | ||||||
| 21 | or agreement entered into at arm's-length rates | ||||||
| 22 | and terms and the principal purpose for the | ||||||
| 23 | payment is not federal or Illinois tax avoidance; | ||||||
| 24 | or | ||||||
| 25 | (iv) an item of interest paid, accrued, or | ||||||
| 26 | incurred, directly or indirectly, to a person if | ||||||
| |||||||
| |||||||
| 1 | the taxpayer establishes by clear and convincing | ||||||
| 2 | evidence that the adjustments are unreasonable; or | ||||||
| 3 | if the taxpayer and the Director agree in writing | ||||||
| 4 | to the application or use of an alternative method | ||||||
| 5 | of apportionment under Section 304(f). | ||||||
| 6 | Nothing in this subsection shall preclude the | ||||||
| 7 | Director from making any other adjustment | ||||||
| 8 | otherwise allowed under Section 404 of this Act | ||||||
| 9 | for any tax year beginning after the effective | ||||||
| 10 | date of this amendment provided such adjustment is | ||||||
| 11 | made pursuant to regulation adopted by the | ||||||
| 12 | Department and such regulations provide methods | ||||||
| 13 | and standards by which the Department will utilize | ||||||
| 14 | its authority under Section 404 of this Act; | ||||||
| 15 | (D-18) An amount equal to the amount of intangible | ||||||
| 16 | expenses and costs otherwise allowed as a deduction in | ||||||
| 17 | computing base income, and that were paid, accrued, or | ||||||
| 18 | incurred, directly or indirectly, (i) for taxable | ||||||
| 19 | years ending on or after December 31, 2004, to a | ||||||
| 20 | foreign person who would be a member of the same | ||||||
| 21 | unitary business group but for the fact that the | ||||||
| 22 | foreign person's business activity outside the United | ||||||
| 23 | States is 80% or more of that person's total business | ||||||
| 24 | activity and (ii) for taxable years ending on or after | ||||||
| 25 | December 31, 2008, to a person who would be a member of | ||||||
| 26 | the same unitary business group but for the fact that | ||||||
| |||||||
| |||||||
| 1 | the person is prohibited under Section 1501(a)(27) | ||||||
| 2 | from being included in the unitary business group | ||||||
| 3 | because he or she is ordinarily required to apportion | ||||||
| 4 | business income under different subsections of Section | ||||||
| 5 | 304. The addition modification required by this | ||||||
| 6 | subparagraph shall be reduced to the extent that | ||||||
| 7 | dividends were included in base income of the unitary | ||||||
| 8 | group for the same taxable year and received by the | ||||||
| 9 | taxpayer or by a member of the taxpayer's unitary | ||||||
| 10 | business group (including amounts included in gross | ||||||
| 11 | income under Sections 951 through 964 of the Internal | ||||||
| 12 | Revenue Code and amounts included in gross income | ||||||
| 13 | under Section 78 of the Internal Revenue Code) with | ||||||
| 14 | respect to the stock of the same person to whom the | ||||||
| 15 | intangible expenses and costs were directly or | ||||||
| 16 | indirectly paid, incurred, or accrued. The preceding | ||||||
| 17 | sentence does not apply to the extent that the same | ||||||
| 18 | dividends caused a reduction to the addition | ||||||
| 19 | modification required under Section 203(a)(2)(D-17) of | ||||||
| 20 | this Act. As used in this subparagraph, the term | ||||||
| 21 | "intangible expenses and costs" includes (1) expenses, | ||||||
| 22 | losses, and costs for, or related to, the direct or | ||||||
| 23 | indirect acquisition, use, maintenance or management, | ||||||
| 24 | ownership, sale, exchange, or any other disposition of | ||||||
| 25 | intangible property; (2) losses incurred, directly or | ||||||
| 26 | indirectly, from factoring transactions or discounting | ||||||
| |||||||
| |||||||
| 1 | transactions; (3) royalty, patent, technical, and | ||||||
| 2 | copyright fees; (4) licensing fees; and (5) other | ||||||
| 3 | similar expenses and costs. For purposes of this | ||||||
| 4 | subparagraph, "intangible property" includes patents, | ||||||
| 5 | patent applications, trade names, trademarks, service | ||||||
| 6 | marks, copyrights, mask works, trade secrets, and | ||||||
| 7 | similar types of intangible assets. | ||||||
| 8 | This paragraph shall not apply to the following: | ||||||
| 9 | (i) any item of intangible expenses or costs | ||||||
| 10 | paid, accrued, or incurred, directly or | ||||||
| 11 | indirectly, from a transaction with 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 item; or | ||||||
| 16 | (ii) any item of intangible expense or cost | ||||||
| 17 | paid, accrued, or incurred, directly or | ||||||
| 18 | indirectly, if the taxpayer can establish, based | ||||||
| 19 | on a preponderance of the evidence, both of the | ||||||
| 20 | following: | ||||||
| 21 | (a) the person during the same taxable | ||||||
| 22 | year paid, accrued, or incurred, the | ||||||
| 23 | intangible expense or cost to a person that is | ||||||
| 24 | not a related member, and | ||||||
| 25 | (b) the transaction giving rise to the | ||||||
| 26 | intangible expense or cost between the | ||||||
| |||||||
| |||||||
| 1 | taxpayer and the person did not have as a | ||||||
| 2 | principal purpose the avoidance of Illinois | ||||||
| 3 | income tax, and is paid pursuant to a contract | ||||||
| 4 | or agreement that reflects arm's-length terms; | ||||||
| 5 | or | ||||||
| 6 | (iii) any item of intangible expense or cost | ||||||
| 7 | paid, accrued, or incurred, directly or | ||||||
| 8 | indirectly, from a transaction with a person if | ||||||
| 9 | the taxpayer establishes by clear and convincing | ||||||
| 10 | evidence, that the adjustments are unreasonable; | ||||||
| 11 | or if the taxpayer and the Director agree in | ||||||
| 12 | writing to the application or use of an | ||||||
| 13 | alternative method of apportionment under Section | ||||||
| 14 | 304(f); | ||||||
| 15 | Nothing in this subsection shall preclude the | ||||||
| 16 | Director from making any other adjustment | ||||||
| 17 | otherwise allowed under Section 404 of this Act | ||||||
| 18 | for any tax year beginning after the effective | ||||||
| 19 | date of this amendment provided such adjustment is | ||||||
| 20 | made pursuant to regulation adopted by the | ||||||
| 21 | Department and such regulations provide methods | ||||||
| 22 | and standards by which the Department will utilize | ||||||
| 23 | its authority under Section 404 of this Act; | ||||||
| 24 | (D-19) For taxable years ending on or after | ||||||
| 25 | December 31, 2008, an amount equal to the amount of | ||||||
| 26 | insurance premium expenses and costs otherwise allowed | ||||||
| |||||||
| |||||||
| 1 | as a deduction in computing base income, and that were | ||||||
| 2 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 3 | a person who would be a member of the same unitary | ||||||
| 4 | business group but for the fact that the person is | ||||||
| 5 | prohibited under Section 1501(a)(27) from being | ||||||
| 6 | included in the unitary business group because he or | ||||||
| 7 | she is ordinarily required to apportion business | ||||||
| 8 | income under different subsections of Section 304. The | ||||||
| 9 | addition modification required by this subparagraph | ||||||
| 10 | shall be reduced to the extent that dividends were | ||||||
| 11 | included in base income of the unitary group for the | ||||||
| 12 | same taxable year and received by the taxpayer or by a | ||||||
| 13 | member of the taxpayer's unitary business group | ||||||
| 14 | (including amounts included in gross income under | ||||||
| 15 | Sections 951 through 964 of the Internal Revenue Code | ||||||
| 16 | and amounts included in gross income under Section 78 | ||||||
| 17 | of the Internal Revenue Code) with respect to the | ||||||
| 18 | stock of the same person to whom the premiums and costs | ||||||
| 19 | were directly or indirectly paid, incurred, or | ||||||
| 20 | accrued. The preceding sentence does not apply to the | ||||||
| 21 | extent that the same dividends caused a reduction to | ||||||
| 22 | the addition modification required under Section | ||||||
| 23 | 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this | ||||||
| 24 | Act; | ||||||
| 25 | (D-20) For taxable years beginning on or after | ||||||
| 26 | January 1, 2002 and ending on or before December 31, | ||||||
| |||||||
| |||||||
| 1 | 2006, in the case of a distribution from a qualified | ||||||
| 2 | tuition program under Section 529 of the Internal | ||||||
| 3 | Revenue Code, other than (i) a distribution from a | ||||||
| 4 | College Savings Pool created under Section 16.5 of the | ||||||
| 5 | State Treasurer Act or (ii) a distribution from the | ||||||
| 6 | Illinois Prepaid Tuition Trust Fund, an amount equal | ||||||
| 7 | to the amount excluded from gross income under Section | ||||||
| 8 | 529(c)(3)(B). For taxable years beginning on or after | ||||||
| 9 | January 1, 2007, in the case of a distribution from a | ||||||
| 10 | qualified tuition program under Section 529 of the | ||||||
| 11 | Internal Revenue Code, other than (i) a distribution | ||||||
| 12 | from a College Savings Pool created under Section 16.5 | ||||||
| 13 | of the State Treasurer Act, (ii) a distribution from | ||||||
| 14 | the Illinois Prepaid Tuition Trust Fund, or (iii) a | ||||||
| 15 | distribution from a qualified tuition program under | ||||||
| 16 | Section 529 of the Internal Revenue Code that (I) | ||||||
| 17 | adopts and determines that its offering materials | ||||||
| 18 | comply with the College Savings Plans Network's | ||||||
| 19 | disclosure principles and (II) has made reasonable | ||||||
| 20 | efforts to inform in-state residents of the existence | ||||||
| 21 | of in-state qualified tuition programs by informing | ||||||
| 22 | Illinois residents directly and, where applicable, to | ||||||
| 23 | inform financial intermediaries distributing the | ||||||
| 24 | program to inform in-state residents of the existence | ||||||
| 25 | of in-state qualified tuition programs at least | ||||||
| 26 | annually, an amount equal to the amount excluded from | ||||||
| |||||||
| |||||||
| 1 | gross income under Section 529(c)(3)(B). | ||||||
| 2 | For the purposes of this subparagraph (D-20), a | ||||||
| 3 | qualified tuition program has made reasonable efforts | ||||||
| 4 | if it makes disclosures (which may use the term | ||||||
| 5 | "in-state program" or "in-state plan" and need not | ||||||
| 6 | specifically refer to Illinois or its qualified | ||||||
| 7 | programs by name) (i) directly to prospective | ||||||
| 8 | participants in its offering materials or makes a | ||||||
| 9 | public disclosure, such as a website posting; and (ii) | ||||||
| 10 | where applicable, to intermediaries selling the | ||||||
| 11 | out-of-state program in the same manner that the | ||||||
| 12 | out-of-state program distributes its offering | ||||||
| 13 | materials; | ||||||
| 14 | (D-20.5) For taxable years beginning on or after | ||||||
| 15 | January 1, 2018, in the case of a distribution from a | ||||||
| 16 | qualified ABLE program under Section 529A of the | ||||||
| 17 | Internal Revenue Code, other than a distribution from | ||||||
| 18 | a qualified ABLE program created under Section 16.6 of | ||||||
| 19 | the State Treasurer Act, an amount equal to the amount | ||||||
| 20 | excluded from gross income under Section 529A(c)(1)(B) | ||||||
| 21 | of the Internal Revenue Code; | ||||||
| 22 | (D-21) For taxable years beginning on or after | ||||||
| 23 | January 1, 2007, in the case of transfer of moneys from | ||||||
| 24 | a qualified tuition program under Section 529 of the | ||||||
| 25 | Internal Revenue Code that is administered by the | ||||||
| 26 | State to an out-of-state program, an amount equal to | ||||||
| |||||||
| |||||||
| 1 | the amount of moneys previously deducted from base | ||||||
| 2 | income under subsection (a)(2)(Y) of this Section; | ||||||
| 3 | (D-21.5) For taxable years beginning on or after | ||||||
| 4 | January 1, 2018, in the case of the transfer of moneys | ||||||
| 5 | from a qualified tuition program under Section 529 or | ||||||
| 6 | a qualified ABLE program under Section 529A of the | ||||||
| 7 | Internal Revenue Code that is administered by this | ||||||
| 8 | State to an ABLE account established under an | ||||||
| 9 | out-of-state ABLE account program, an amount equal to | ||||||
| 10 | the contribution component of the transferred amount | ||||||
| 11 | that was previously deducted from base income under | ||||||
| 12 | subsection (a)(2)(Y) or subsection (a)(2)(HH) of this | ||||||
| 13 | Section; | ||||||
| 14 | (D-22) For taxable years beginning on or after | ||||||
| 15 | January 1, 2009, and prior to January 1, 2018, in the | ||||||
| 16 | case of a nonqualified withdrawal or refund of moneys | ||||||
| 17 | from a qualified tuition program under Section 529 of | ||||||
| 18 | the Internal Revenue Code administered by the State | ||||||
| 19 | that is not used for qualified expenses at an eligible | ||||||
| 20 | education institution, an amount equal to the | ||||||
| 21 | contribution component of the nonqualified withdrawal | ||||||
| 22 | or refund that was previously deducted from base | ||||||
| 23 | income under subsection (a)(2)(y) of this Section, | ||||||
| 24 | provided that the withdrawal or refund did not result | ||||||
| 25 | from the beneficiary's death or disability. For | ||||||
| 26 | taxable years beginning on or after January 1, 2018: | ||||||
| |||||||
| |||||||
| 1 | (1) in the case of a nonqualified withdrawal or | ||||||
| 2 | refund, as defined under Section 16.5 of the State | ||||||
| 3 | Treasurer Act, of moneys from a qualified tuition | ||||||
| 4 | program under Section 529 of the Internal Revenue Code | ||||||
| 5 | administered by the State, an amount equal to the | ||||||
| 6 | contribution component of the nonqualified withdrawal | ||||||
| 7 | or refund that was previously deducted from base | ||||||
| 8 | income under subsection (a)(2)(Y) of this Section, and | ||||||
| 9 | (2) in the case of a nonqualified withdrawal or refund | ||||||
| 10 | from a qualified ABLE program under Section 529A of | ||||||
| 11 | the Internal Revenue Code administered by the State | ||||||
| 12 | that is not used for qualified disability expenses, an | ||||||
| 13 | amount equal to the contribution component of the | ||||||
| 14 | nonqualified withdrawal or refund that was previously | ||||||
| 15 | deducted from base income under subsection (a)(2)(HH) | ||||||
| 16 | of this Section; | ||||||
| 17 | (D-23) An amount equal to the credit allowable to | ||||||
| 18 | the taxpayer under Section 218(a) of this Act, | ||||||
| 19 | determined without regard to Section 218(c) of this | ||||||
| 20 | Act; | ||||||
| 21 | (D-24) For taxable years ending on or after | ||||||
| 22 | December 31, 2017, an amount equal to the deduction | ||||||
| 23 | allowed under Section 199 of the Internal Revenue Code | ||||||
| 24 | for the taxable year; | ||||||
| 25 | (D-25) In the case of a resident, an amount equal | ||||||
| 26 | to the amount of tax for which a credit is allowed | ||||||
| |||||||
| |||||||
| 1 | pursuant to Section 201(p)(7) of this Act; | ||||||
| 2 | and by deducting from the total so obtained the sum of the | ||||||
| 3 | following amounts: | ||||||
| 4 | (E) For taxable years ending before December 31, | ||||||
| 5 | 2001, any amount included in such total in respect of | ||||||
| 6 | any compensation (including but not limited to any | ||||||
| 7 | compensation paid or accrued to a serviceman while a | ||||||
| 8 | prisoner of war or missing in action) paid to a | ||||||
| 9 | resident by reason of being on active duty in the Armed | ||||||
| 10 | Forces of the United States and in respect of any | ||||||
| 11 | compensation paid or accrued to a resident who as a | ||||||
| 12 | governmental employee was a prisoner of war or missing | ||||||
| 13 | in action, and in respect of any compensation paid to a | ||||||
| 14 | resident in 1971 or thereafter for annual training | ||||||
| 15 | performed pursuant to Sections 502 and 503, Title 32, | ||||||
| 16 | United States Code as a member of the Illinois | ||||||
| 17 | National Guard or, beginning with taxable years ending | ||||||
| 18 | on or after December 31, 2007, the National Guard of | ||||||
| 19 | any other state. For taxable years ending on or after | ||||||
| 20 | December 31, 2001, any amount included in such total | ||||||
| 21 | in respect of any compensation (including but not | ||||||
| 22 | limited to any compensation paid or accrued to a | ||||||
| 23 | serviceman while a prisoner of war or missing in | ||||||
| 24 | action) paid to a resident by reason of being a member | ||||||
| 25 | of any component of the Armed Forces of the United | ||||||
| 26 | States and in respect of any compensation paid or | ||||||
| |||||||
| |||||||
| 1 | accrued to a resident who as a governmental employee | ||||||
| 2 | was a prisoner of war or missing in action, and in | ||||||
| 3 | respect of any compensation paid to a resident in 2001 | ||||||
| 4 | or thereafter by reason of being a member of the | ||||||
| 5 | Illinois National Guard or, beginning with taxable | ||||||
| 6 | years ending on or after December 31, 2007, the | ||||||
| 7 | National Guard of any other state. The provisions of | ||||||
| 8 | this subparagraph (E) are exempt from the provisions | ||||||
| 9 | of Section 250; | ||||||
| 10 | (F) An amount equal to all amounts included in | ||||||
| 11 | such total pursuant to the provisions of Sections | ||||||
| 12 | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and | ||||||
| 13 | 408 of the Internal Revenue Code, or included in such | ||||||
| 14 | total as distributions under the provisions of any | ||||||
| 15 | retirement or disability plan for employees of any | ||||||
| 16 | governmental agency or unit, or retirement payments to | ||||||
| 17 | retired partners, which payments are excluded in | ||||||
| 18 | computing net earnings from self employment by Section | ||||||
| 19 | 1402 of the Internal Revenue Code and regulations | ||||||
| 20 | adopted pursuant thereto; | ||||||
| 21 | (G) The valuation limitation amount; | ||||||
| 22 | (H) 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 | (I) An amount equal to all amounts included in | ||||||
| 26 | such total pursuant to the provisions of Section 111 | ||||||
| |||||||
| |||||||
| 1 | of the Internal Revenue Code as a recovery of items | ||||||
| 2 | previously deducted from adjusted gross income in the | ||||||
| 3 | computation of taxable income; | ||||||
| 4 | (J) An amount equal to those dividends included in | ||||||
| 5 | such total which were paid by a corporation which | ||||||
| 6 | conducts business operations in a River Edge | ||||||
| 7 | Redevelopment Zone or zones created under the River | ||||||
| 8 | Edge Redevelopment Zone Act, and conducts | ||||||
| 9 | substantially all of its operations in a River Edge | ||||||
| 10 | Redevelopment Zone or zones. This subparagraph (J) is | ||||||
| 11 | exempt from the provisions of Section 250; | ||||||
| 12 | (K) An amount equal to those dividends included in | ||||||
| 13 | such total that were paid by a corporation that | ||||||
| 14 | conducts business operations in a federally designated | ||||||
| 15 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
| 16 | a High Impact Business located in Illinois; provided | ||||||
| 17 | that dividends eligible for the deduction provided in | ||||||
| 18 | subparagraph (J) of paragraph (2) of this subsection | ||||||
| 19 | shall not be eligible for the deduction provided under | ||||||
| 20 | this subparagraph (K); | ||||||
| 21 | (L) For taxable years ending after December 31, | ||||||
| 22 | 1983, an amount equal to all social security benefits | ||||||
| 23 | and railroad retirement benefits included in such | ||||||
| 24 | total pursuant to Sections 72(r) and 86 of the | ||||||
| 25 | Internal Revenue Code; | ||||||
| 26 | (M) With the exception of any amounts subtracted | ||||||
| |||||||
| |||||||
| 1 | under subparagraph (N), an amount equal to the sum of | ||||||
| 2 | all amounts disallowed as deductions by (i) Sections | ||||||
| 3 | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||||||
| 4 | and all amounts of expenses allocable to interest and | ||||||
| 5 | disallowed as deductions by Section 265(a)(1) of the | ||||||
| 6 | Internal Revenue Code; and (ii) for taxable years | ||||||
| 7 | ending on or after August 13, 1999, Sections | ||||||
| 8 | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||||||
| 9 | Internal Revenue Code, plus, for taxable years ending | ||||||
| 10 | on or after December 31, 2011, Section 45G(e)(3) of | ||||||
| 11 | the Internal Revenue Code and, for taxable years | ||||||
| 12 | ending on or after December 31, 2008, any amount | ||||||
| 13 | included in gross income under Section 87 of the | ||||||
| 14 | Internal Revenue Code; the provisions of this | ||||||
| 15 | subparagraph are exempt from the provisions of Section | ||||||
| 16 | 250; | ||||||
| 17 | (N) An amount equal to all amounts included in | ||||||
| 18 | such total which are exempt from taxation by this | ||||||
| 19 | State either by reason of its statutes or Constitution | ||||||
| 20 | or by reason of the Constitution, treaties or statutes | ||||||
| 21 | of the United States; provided that, in the case of any | ||||||
| 22 | statute of this State that exempts income derived from | ||||||
| 23 | bonds or other obligations from the tax imposed under | ||||||
| 24 | this Act, the amount exempted shall be the interest | ||||||
| 25 | net of bond premium amortization; | ||||||
| 26 | (O) An amount equal to any contribution made to a | ||||||
| |||||||
| |||||||
| 1 | job training project established pursuant to the Tax | ||||||
| 2 | Increment Allocation Redevelopment Act; | ||||||
| 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 or of any itemized deduction | ||||||
| 8 | taken from adjusted gross income in the computation of | ||||||
| 9 | taxable income for restoration of substantial amounts | ||||||
| 10 | held under claim of right for the taxable year; | ||||||
| 11 | (Q) An amount equal to any amounts included in | ||||||
| 12 | such total, received by the taxpayer as an | ||||||
| 13 | acceleration in the payment of life, endowment or | ||||||
| 14 | annuity benefits in advance of the time they would | ||||||
| 15 | otherwise be payable as an indemnity for a terminal | ||||||
| 16 | illness; | ||||||
| 17 | (R) An amount equal to the amount of any federal or | ||||||
| 18 | State bonus paid to veterans of the Persian Gulf War; | ||||||
| 19 | (S) An amount, to the extent included in adjusted | ||||||
| 20 | gross income, equal to the amount of a contribution | ||||||
| 21 | made in the taxable year on behalf of the taxpayer to a | ||||||
| 22 | medical care savings account established under the | ||||||
| 23 | Medical Care Savings Account Act or the Medical Care | ||||||
| 24 | Savings Account Act of 2000 to the extent the | ||||||
| 25 | contribution is accepted by the account administrator | ||||||
| 26 | as provided in that Act; | ||||||
| |||||||
| |||||||
| 1 | (T) An amount, to the extent included in adjusted | ||||||
| 2 | gross income, equal to the amount of interest earned | ||||||
| 3 | in the taxable year on a medical care savings account | ||||||
| 4 | established under the Medical Care Savings Account Act | ||||||
| 5 | or the Medical Care Savings Account Act of 2000 on | ||||||
| 6 | behalf of the taxpayer, other than interest added | ||||||
| 7 | pursuant to item (D-5) of this paragraph (2); | ||||||
| 8 | (U) For one taxable year beginning on or after | ||||||
| 9 | January 1, 1994, an amount equal to the total amount of | ||||||
| 10 | tax imposed and paid under subsections (a) and (b) of | ||||||
| 11 | Section 201 of this Act on grant amounts received by | ||||||
| 12 | the taxpayer under the Nursing Home Grant Assistance | ||||||
| 13 | Act during the taxpayer's taxable years 1992 and 1993; | ||||||
| 14 | (V) Beginning with tax years ending on or after | ||||||
| 15 | December 31, 1995 and ending with tax years ending on | ||||||
| 16 | or before December 31, 2004, an amount equal to the | ||||||
| 17 | amount paid by a taxpayer who is a self-employed | ||||||
| 18 | taxpayer, a partner of a partnership, or a shareholder | ||||||
| 19 | in a Subchapter S corporation for health insurance or | ||||||
| 20 | long-term care insurance for that taxpayer or that | ||||||
| 21 | taxpayer's spouse or dependents, to the extent that | ||||||
| 22 | the amount paid for that health insurance or long-term | ||||||
| 23 | care insurance may be deducted under Section 213 of | ||||||
| 24 | the Internal Revenue Code, has not been deducted on | ||||||
| 25 | the federal income tax return of the taxpayer, and | ||||||
| 26 | does not exceed the taxable income attributable to | ||||||
| |||||||
| |||||||
| 1 | that taxpayer's income, self-employment income, or | ||||||
| 2 | Subchapter S corporation income; except that no | ||||||
| 3 | deduction shall be allowed under this item (V) if the | ||||||
| 4 | taxpayer is eligible to participate in any health | ||||||
| 5 | insurance or long-term care insurance plan of an | ||||||
| 6 | employer of the taxpayer or the taxpayer's spouse. The | ||||||
| 7 | amount of the health insurance and long-term care | ||||||
| 8 | insurance subtracted under this item (V) shall be | ||||||
| 9 | determined by multiplying total health insurance and | ||||||
| 10 | long-term care insurance premiums paid by the taxpayer | ||||||
| 11 | times a number that represents the fractional | ||||||
| 12 | percentage of eligible medical expenses under Section | ||||||
| 13 | 213 of the Internal Revenue Code of 1986 not actually | ||||||
| 14 | deducted on the taxpayer's federal income tax return; | ||||||
| 15 | (W) For taxable years beginning on or after | ||||||
| 16 | January 1, 1998, all amounts included in the | ||||||
| 17 | taxpayer's federal gross income in the taxable year | ||||||
| 18 | from amounts converted from a regular IRA to a Roth | ||||||
| 19 | IRA. This paragraph is exempt from the provisions of | ||||||
| 20 | Section 250; | ||||||
| 21 | (X) For taxable year 1999 and thereafter, an | ||||||
| 22 | amount equal to the amount of any (i) distributions, | ||||||
| 23 | to the extent includible in gross income for federal | ||||||
| 24 | income tax purposes, made to the taxpayer because of | ||||||
| 25 | his or her status as a victim of persecution for racial | ||||||
| 26 | or religious reasons by Nazi Germany or any other Axis | ||||||
| |||||||
| |||||||
| 1 | regime or as an heir of the victim and (ii) items of | ||||||
| 2 | income, to the extent includible in gross income for | ||||||
| 3 | federal income tax purposes, attributable to, derived | ||||||
| 4 | from or in any way related to assets stolen from, | ||||||
| 5 | hidden from, or otherwise lost to a victim of | ||||||
| 6 | persecution for racial or religious reasons by Nazi | ||||||
| 7 | Germany or any other Axis regime immediately prior to, | ||||||
| 8 | during, and immediately after World War II, including, | ||||||
| 9 | but not limited to, interest on the proceeds | ||||||
| 10 | receivable as insurance under policies issued to a | ||||||
| 11 | victim of persecution for racial or religious reasons | ||||||
| 12 | by Nazi Germany or any other Axis regime by European | ||||||
| 13 | insurance companies immediately prior to and during | ||||||
| 14 | World War II; provided, however, this subtraction from | ||||||
| 15 | federal adjusted gross income does not apply to assets | ||||||
| 16 | acquired with such assets or with the proceeds from | ||||||
| 17 | the sale of such assets; provided, further, this | ||||||
| 18 | paragraph shall only apply to a taxpayer who was the | ||||||
| 19 | first recipient of such assets after their recovery | ||||||
| 20 | and who is a victim of persecution for racial or | ||||||
| 21 | religious reasons by Nazi Germany or any other Axis | ||||||
| 22 | regime or as an heir of the victim. The amount of and | ||||||
| 23 | the eligibility for any public assistance, benefit, or | ||||||
| 24 | similar entitlement is not affected by the inclusion | ||||||
| 25 | of items (i) and (ii) of this paragraph in gross income | ||||||
| 26 | for federal income tax purposes. This paragraph is | ||||||
| |||||||
| |||||||
| 1 | exempt from the provisions of Section 250; | ||||||
| 2 | (Y) For taxable years beginning on or after | ||||||
| 3 | January 1, 2002 and ending on or before December 31, | ||||||
| 4 | 2004, moneys contributed in the taxable year to a | ||||||
| 5 | College Savings Pool account under Section 16.5 of the | ||||||
| 6 | State Treasurer Act, except that amounts excluded from | ||||||
| 7 | gross income under Section 529(c)(3)(C)(i) of the | ||||||
| 8 | Internal Revenue Code shall not be considered moneys | ||||||
| 9 | contributed under this subparagraph (Y). For taxable | ||||||
| 10 | years beginning on or after January 1, 2005, a maximum | ||||||
| 11 | of $10,000 contributed in the taxable year to (i) a | ||||||
| 12 | College Savings Pool account under Section 16.5 of the | ||||||
| 13 | State Treasurer Act or (ii) the Illinois Prepaid | ||||||
| 14 | Tuition Trust Fund, except that amounts excluded from | ||||||
| 15 | gross income under Section 529(c)(3)(C)(i) of the | ||||||
| 16 | Internal Revenue Code shall not be considered moneys | ||||||
| 17 | contributed under this subparagraph (Y). For purposes | ||||||
| 18 | of this subparagraph, contributions made by an | ||||||
| 19 | employer on behalf of an employee, or matching | ||||||
| 20 | contributions made by an employee, shall be treated as | ||||||
| 21 | made by the employee. This subparagraph (Y) is exempt | ||||||
| 22 | from the provisions of Section 250; | ||||||
| 23 | (Z) For taxable years 2001 and thereafter, for the | ||||||
| 24 | taxable year in which the bonus depreciation deduction | ||||||
| 25 | is taken on the taxpayer's federal income tax return | ||||||
| 26 | under subsection (k) of Section 168 of the Internal | ||||||
| |||||||
| |||||||
| 1 | Revenue Code and for each applicable taxable year | ||||||
| 2 | thereafter, an amount equal to "x", where: | ||||||
| 3 | (1) "y" equals the amount of the depreciation | ||||||
| 4 | deduction taken for the taxable year on the | ||||||
| 5 | taxpayer's federal income tax return on property | ||||||
| 6 | for which the bonus depreciation deduction was | ||||||
| 7 | taken in any year under subsection (k) of Section | ||||||
| 8 | 168 of the Internal Revenue Code, but not | ||||||
| 9 | including the bonus depreciation deduction; | ||||||
| 10 | (2) for taxable years ending on or before | ||||||
| 11 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
| 12 | and then divided by 70 (or "y" multiplied by | ||||||
| 13 | 0.429); and | ||||||
| 14 | (3) for taxable years ending after December | ||||||
| 15 | 31, 2005: | ||||||
| 16 | (i) for property on which a bonus | ||||||
| 17 | depreciation deduction of 30% of the adjusted | ||||||
| 18 | basis was taken, "x" equals "y" multiplied by | ||||||
| 19 | 30 and then divided by 70 (or "y" multiplied | ||||||
| 20 | by 0.429); | ||||||
| 21 | (ii) for property on which a bonus | ||||||
| 22 | depreciation deduction of 50% of the adjusted | ||||||
| 23 | basis was taken, "x" equals "y" multiplied by | ||||||
| 24 | 1.0; | ||||||
| 25 | (iii) for property on which a bonus | ||||||
| 26 | depreciation deduction of 100% of the adjusted | ||||||
| |||||||
| |||||||
| 1 | basis was taken in a taxable year ending on or | ||||||
| 2 | after December 31, 2021, "x" equals the | ||||||
| 3 | depreciation deduction that would be allowed | ||||||
| 4 | on that property if the taxpayer had made the | ||||||
| 5 | election under Section 168(k)(7) of the | ||||||
| 6 | Internal Revenue Code to not claim bonus | ||||||
| 7 | depreciation on that property; and | ||||||
| 8 | (iv) for property on which a bonus | ||||||
| 9 | depreciation deduction of a percentage other | ||||||
| 10 | than 30%, 50% or 100% of the adjusted basis | ||||||
| 11 | was taken in a taxable year ending on or after | ||||||
| 12 | December 31, 2021, "x" equals "y" multiplied | ||||||
| 13 | by 100 times the percentage bonus depreciation | ||||||
| 14 | on the property (that is, 100(bonus%)) and | ||||||
| 15 | then divided by 100 times 1 minus the | ||||||
| 16 | percentage bonus depreciation on the property | ||||||
| 17 | (that is, 100(1-bonus%)). | ||||||
| 18 | The aggregate amount deducted under this | ||||||
| 19 | subparagraph in all taxable years for any one piece of | ||||||
| 20 | property may not exceed the amount of the bonus | ||||||
| 21 | depreciation deduction taken on that property on the | ||||||
| 22 | taxpayer's federal income tax return under subsection | ||||||
| 23 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
| 24 | subparagraph (Z) is exempt from the provisions of | ||||||
| 25 | Section 250; | ||||||
| 26 | (AA) If the taxpayer sells, transfers, abandons, | ||||||
| |||||||
| |||||||
| 1 | or otherwise disposes of property for which the | ||||||
| 2 | taxpayer was required in any taxable year to make an | ||||||
| 3 | addition modification under subparagraph (D-15), then | ||||||
| 4 | an amount equal to that addition modification. | ||||||
| 5 | If the taxpayer continues to own property through | ||||||
| 6 | the last day of the last tax year for which a | ||||||
| 7 | subtraction is allowed with respect to that property | ||||||
| 8 | under subparagraph (Z) and for which the taxpayer was | ||||||
| 9 | required in any taxable year to make an addition | ||||||
| 10 | modification under subparagraph (D-15), then an amount | ||||||
| 11 | equal to that addition modification. | ||||||
| 12 | The taxpayer is allowed to take the deduction | ||||||
| 13 | under this subparagraph only once with respect to any | ||||||
| 14 | one piece of property. | ||||||
| 15 | This subparagraph (AA) is exempt from the | ||||||
| 16 | provisions of Section 250; | ||||||
| 17 | (BB) Any amount included in adjusted gross income, | ||||||
| 18 | other than salary, received by a driver in a | ||||||
| 19 | ridesharing arrangement using a motor vehicle; | ||||||
| 20 | (CC) The amount of (i) any interest income (net of | ||||||
| 21 | the deductions allocable thereto) taken into account | ||||||
| 22 | for the taxable year with respect to a transaction | ||||||
| 23 | with a taxpayer that is required to make an addition | ||||||
| 24 | modification with respect to such transaction under | ||||||
| 25 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
| 26 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
| |||||||
| |||||||
| 1 | the amount of that addition modification, and (ii) any | ||||||
| 2 | income from intangible property (net of the deductions | ||||||
| 3 | allocable thereto) taken into account for the taxable | ||||||
| 4 | year with respect to a transaction with a taxpayer | ||||||
| 5 | that is required to make an addition modification with | ||||||
| 6 | respect to such transaction under Section | ||||||
| 7 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
| 8 | 203(d)(2)(D-8), but not to exceed the amount of that | ||||||
| 9 | addition modification. This subparagraph (CC) is | ||||||
| 10 | exempt from the provisions of Section 250; | ||||||
| 11 | (DD) An amount equal to the interest income taken | ||||||
| 12 | into account for the taxable year (net of the | ||||||
| 13 | deductions allocable thereto) with respect to | ||||||
| 14 | transactions with (i) a foreign person who would be a | ||||||
| 15 | member of the taxpayer's unitary business group but | ||||||
| 16 | for the fact that the foreign person's business | ||||||
| 17 | activity outside the United States is 80% or more of | ||||||
| 18 | that person's total business activity and (ii) for | ||||||
| 19 | taxable years ending on or after December 31, 2008, to | ||||||
| 20 | a person who would be a member of the same unitary | ||||||
| 21 | business group but for the fact that the person is | ||||||
| 22 | prohibited under Section 1501(a)(27) from being | ||||||
| 23 | included in the unitary business group because he or | ||||||
| 24 | she is ordinarily required to apportion business | ||||||
| 25 | income under different subsections of Section 304, but | ||||||
| 26 | not to exceed the addition modification required to be | ||||||
| |||||||
| |||||||
| 1 | made for the same taxable year under Section | ||||||
| 2 | 203(a)(2)(D-17) for interest paid, accrued, or | ||||||
| 3 | incurred, directly or indirectly, to the same person. | ||||||
| 4 | This subparagraph (DD) is exempt from the provisions | ||||||
| 5 | of Section 250; | ||||||
| 6 | (EE) An amount equal to the income from intangible | ||||||
| 7 | property taken into account for the taxable year (net | ||||||
| 8 | of the deductions allocable thereto) with respect to | ||||||
| 9 | transactions with (i) a foreign person who would be a | ||||||
| 10 | member of the taxpayer's unitary business group but | ||||||
| 11 | for the fact that the foreign person's business | ||||||
| 12 | activity outside the United States is 80% or more of | ||||||
| 13 | that person's total business activity and (ii) for | ||||||
| 14 | taxable years ending on or after December 31, 2008, to | ||||||
| 15 | a person who would be a member of the same unitary | ||||||
| 16 | business group but for the fact that the person is | ||||||
| 17 | prohibited under Section 1501(a)(27) from being | ||||||
| 18 | included in the unitary business group because he or | ||||||
| 19 | she is ordinarily required to apportion business | ||||||
| 20 | income under different subsections of Section 304, but | ||||||
| 21 | not to exceed the addition modification required to be | ||||||
| 22 | made for the same taxable year under Section | ||||||
| 23 | 203(a)(2)(D-18) for intangible expenses and costs | ||||||
| 24 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 25 | the same foreign person. This subparagraph (EE) is | ||||||
| 26 | exempt from the provisions of Section 250; | ||||||
| |||||||
| |||||||
| 1 | (FF) An amount equal to any amount awarded to the | ||||||
| 2 | taxpayer during the taxable year by the Court of | ||||||
| 3 | Claims under subsection (c) of Section 8 of the Court | ||||||
| 4 | of Claims Act for time unjustly served in a State | ||||||
| 5 | prison. This subparagraph (FF) is exempt from the | ||||||
| 6 | provisions of Section 250; | ||||||
| 7 | (GG) For taxable years ending on or after December | ||||||
| 8 | 31, 2011, in the case of a taxpayer who was required to | ||||||
| 9 | add back any insurance premiums under Section | ||||||
| 10 | 203(a)(2)(D-19), such taxpayer may elect to subtract | ||||||
| 11 | that part of a reimbursement received from the | ||||||
| 12 | insurance company equal to the amount of the expense | ||||||
| 13 | or loss (including expenses incurred by the insurance | ||||||
| 14 | company) that would have been taken into account as a | ||||||
| 15 | deduction for federal income tax purposes if the | ||||||
| 16 | expense or loss had been uninsured. If a taxpayer | ||||||
| 17 | makes the election provided for by this subparagraph | ||||||
| 18 | (GG), the insurer to which the premiums were paid must | ||||||
| 19 | add back to income the amount subtracted by the | ||||||
| 20 | taxpayer pursuant to this subparagraph (GG). This | ||||||
| 21 | subparagraph (GG) is exempt from the provisions of | ||||||
| 22 | Section 250; | ||||||
| 23 | (HH) For taxable years beginning on or after | ||||||
| 24 | January 1, 2018 and prior to January 1, 2028, a maximum | ||||||
| 25 | of $10,000 contributed in the taxable year to a | ||||||
| 26 | qualified ABLE account under Section 16.6 of the State | ||||||
| |||||||
| |||||||
| 1 | Treasurer Act, except that amounts excluded from gross | ||||||
| 2 | income under Section 529(c)(3)(C)(i) or Section | ||||||
| 3 | 529A(c)(1)(C) of the Internal Revenue Code shall not | ||||||
| 4 | be considered moneys contributed under this | ||||||
| 5 | subparagraph (HH). For purposes of this subparagraph | ||||||
| 6 | (HH), contributions made by an employer on behalf of | ||||||
| 7 | an employee, or matching contributions made by an | ||||||
| 8 | employee, shall be treated as made by the employee; | ||||||
| 9 | (II) For taxable years that begin on or after | ||||||
| 10 | January 1, 2021 and begin before January 1, 2026, the | ||||||
| 11 | amount that is included in the taxpayer's federal | ||||||
| 12 | adjusted gross income pursuant to Section 61 of the | ||||||
| 13 | Internal Revenue Code as discharge of indebtedness | ||||||
| 14 | attributable to student loan forgiveness and that is | ||||||
| 15 | not excluded from the taxpayer's federal adjusted | ||||||
| 16 | gross income pursuant to paragraph (5) of subsection | ||||||
| 17 | (f) of Section 108 of the Internal Revenue Code; | ||||||
| 18 | (JJ) For taxable years beginning on or after | ||||||
| 19 | January 1, 2023, for any cannabis establishment | ||||||
| 20 | operating in this State and licensed under the | ||||||
| 21 | Cannabis Regulation and Tax Act or any cannabis | ||||||
| 22 | cultivation center or medical cannabis dispensing | ||||||
| 23 | organization operating in this State and licensed | ||||||
| 24 | under the Compassionate Use of Medical Cannabis | ||||||
| 25 | Program Act, an amount equal to the deductions that | ||||||
| 26 | were disallowed under Section 280E of the Internal | ||||||
| |||||||
| |||||||
| 1 | Revenue Code for the taxable year and that would not be | ||||||
| 2 | added back under this subsection. The provisions of | ||||||
| 3 | this subparagraph (JJ) are exempt from the provisions | ||||||
| 4 | of Section 250; and | ||||||
| 5 | (KK) To the extent includible in gross income for | ||||||
| 6 | federal income tax purposes, any amount awarded or | ||||||
| 7 | paid to the taxpayer as a result of a judgment or | ||||||
| 8 | settlement for fertility fraud as provided in Section | ||||||
| 9 | 15 of the Illinois Fertility Fraud Act, donor | ||||||
| 10 | fertility fraud as provided in Section 20 of the | ||||||
| 11 | Illinois Fertility Fraud Act, or similar action in | ||||||
| 12 | another state; and | ||||||
| 13 | (LL) For taxable years beginning on or after | ||||||
| 14 | January 1, 2026, if the taxpayer is a qualified | ||||||
| 15 | worker, as defined in the Workforce Development | ||||||
| 16 | through Charitable Loan Repayment Act, an amount equal | ||||||
| 17 | to the amount included in the taxpayer's federal | ||||||
| 18 | adjusted gross income that is attributable to student | ||||||
| 19 | loan repayment assistance received by the taxpayer | ||||||
| 20 | during the taxable year from a qualified community | ||||||
| 21 | foundation under the provisions of the Workforce | ||||||
| 22 | Development through Through Charitable Loan Repayment | ||||||
| 23 | Act. | ||||||
| 24 | This subparagraph (LL) is exempt from the | ||||||
| 25 | provisions of Section 250; and . | ||||||
| 26 | (MM) (LL) For taxable years beginning on or after | ||||||
| |||||||
| |||||||
| 1 | January 1, 2025, if the taxpayer is an eligible | ||||||
| 2 | resident as defined in the Medical Debt Relief Act, an | ||||||
| 3 | amount equal to the amount included in the taxpayer's | ||||||
| 4 | federal adjusted gross income that is attributable to | ||||||
| 5 | medical debt relief received by the taxpayer during | ||||||
| 6 | the taxable year from a nonprofit medical debt relief | ||||||
| 7 | coordinator under the provisions of the Medical Debt | ||||||
| 8 | Relief Act. This subparagraph (MM) (LL) is exempt from | ||||||
| 9 | the provisions of Section 250.
| ||||||
| 10 | (b) Corporations. | ||||||
| 11 | (1) In general. In the case of a corporation, base | ||||||
| 12 | income means an amount equal to the taxpayer's taxable | ||||||
| 13 | income for the taxable year as modified by paragraph (2). | ||||||
| 14 | (2) Modifications. The taxable income referred to in | ||||||
| 15 | paragraph (1) shall be modified by adding thereto the sum | ||||||
| 16 | of the following amounts: | ||||||
| 17 | (A) An amount equal to all amounts paid or accrued | ||||||
| 18 | to the taxpayer as interest and all distributions | ||||||
| 19 | received from regulated investment companies during | ||||||
| 20 | the taxable year to the extent excluded from gross | ||||||
| 21 | income in the computation of taxable income; | ||||||
| 22 | (B) An amount equal to the amount of tax imposed by | ||||||
| 23 | this Act to the extent deducted from gross income in | ||||||
| 24 | the computation of taxable income for the taxable | ||||||
| 25 | year; | ||||||
| |||||||
| |||||||
| 1 | (C) In the case of a regulated investment company, | ||||||
| 2 | an amount equal to the excess of (i) the net long-term | ||||||
| 3 | capital gain for the taxable year, over (ii) the | ||||||
| 4 | amount of the capital gain dividends designated as | ||||||
| 5 | such in accordance with Section 852(b)(3)(C) of the | ||||||
| 6 | Internal Revenue Code and any amount designated under | ||||||
| 7 | Section 852(b)(3)(D) of the Internal Revenue Code, | ||||||
| 8 | attributable to the taxable year (this amendatory Act | ||||||
| 9 | of 1995 (Public Act 89-89) is declarative of existing | ||||||
| 10 | law and is not a new enactment); | ||||||
| 11 | (D) The amount of any net operating loss deduction | ||||||
| 12 | taken in arriving at taxable income, other than a net | ||||||
| 13 | operating loss carried forward from a taxable year | ||||||
| 14 | ending prior to December 31, 1986; | ||||||
| 15 | (E) For taxable years in which a net operating | ||||||
| 16 | loss carryback or carryforward from a taxable year | ||||||
| 17 | ending prior to December 31, 1986 is an element of | ||||||
| 18 | taxable income under paragraph (1) of subsection (e) | ||||||
| 19 | or subparagraph (E) of paragraph (2) of subsection | ||||||
| 20 | (e), the amount by which addition modifications other | ||||||
| 21 | than those provided by this subparagraph (E) exceeded | ||||||
| 22 | subtraction modifications in such earlier taxable | ||||||
| 23 | year, with the following limitations applied in the | ||||||
| 24 | order that they are listed: | ||||||
| 25 | (i) the addition modification relating to the | ||||||
| 26 | net operating loss carried back or forward to the | ||||||
| |||||||
| |||||||
| 1 | taxable year from any taxable year ending prior to | ||||||
| 2 | December 31, 1986 shall be reduced by the amount | ||||||
| 3 | of addition modification under this subparagraph | ||||||
| 4 | (E) which related to that net operating loss and | ||||||
| 5 | which was taken into account in calculating the | ||||||
| 6 | base income of an earlier taxable year, and | ||||||
| 7 | (ii) 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 not exceed the amount of | ||||||
| 11 | such carryback or carryforward; | ||||||
| 12 | For taxable years in which there is a net | ||||||
| 13 | operating loss carryback or carryforward from more | ||||||
| 14 | than one other taxable year ending prior to December | ||||||
| 15 | 31, 1986, the addition modification provided in this | ||||||
| 16 | subparagraph (E) shall be the sum of the amounts | ||||||
| 17 | computed independently under the preceding provisions | ||||||
| 18 | of this subparagraph (E) for each such taxable year; | ||||||
| 19 | (E-5) For taxable years ending after December 31, | ||||||
| 20 | 1997, an amount equal to any eligible remediation | ||||||
| 21 | costs that the corporation deducted in computing | ||||||
| 22 | adjusted gross income and for which the corporation | ||||||
| 23 | claims a credit under subsection (l) of Section 201; | ||||||
| 24 | (E-10) For taxable years 2001 and thereafter, an | ||||||
| 25 | amount equal to the bonus depreciation deduction taken | ||||||
| 26 | on the taxpayer's federal income tax return for the | ||||||
| |||||||
| |||||||
| 1 | taxable year under subsection (k) of Section 168 of | ||||||
| 2 | the Internal Revenue Code; | ||||||
| 3 | (E-11) If the taxpayer sells, transfers, abandons, | ||||||
| 4 | or otherwise disposes of property for which the | ||||||
| 5 | taxpayer was required in any taxable year to make an | ||||||
| 6 | addition modification under subparagraph (E-10), then | ||||||
| 7 | an amount equal to the aggregate amount of the | ||||||
| 8 | deductions taken in all taxable years under | ||||||
| 9 | subparagraph (T) with respect to that property. | ||||||
| 10 | If the taxpayer continues to own property through | ||||||
| 11 | the last day of the last tax year for which a | ||||||
| 12 | subtraction is allowed with respect to that property | ||||||
| 13 | under subparagraph (T) and for which the taxpayer was | ||||||
| 14 | allowed in any taxable year to make a subtraction | ||||||
| 15 | modification under subparagraph (T), then an amount | ||||||
| 16 | equal to that subtraction modification. | ||||||
| 17 | The taxpayer is required to make the addition | ||||||
| 18 | modification under this subparagraph only once with | ||||||
| 19 | respect to any one piece of property; | ||||||
| 20 | (E-12) An amount equal to the amount otherwise | ||||||
| 21 | allowed as a deduction in computing base income for | ||||||
| 22 | interest paid, accrued, or incurred, directly or | ||||||
| 23 | indirectly, (i) for taxable years ending on or after | ||||||
| 24 | December 31, 2004, to a foreign person who would be a | ||||||
| 25 | member of the same unitary business group but for the | ||||||
| 26 | fact the foreign person's business activity outside | ||||||
| |||||||
| |||||||
| 1 | the United States is 80% or more of the foreign | ||||||
| 2 | person's total business activity and (ii) for taxable | ||||||
| 3 | years ending on or after December 31, 2008, to a person | ||||||
| 4 | who would be a member of the same unitary business | ||||||
| 5 | group but for the fact that the person is prohibited | ||||||
| 6 | under Section 1501(a)(27) from being included in the | ||||||
| 7 | unitary business group because he or she is ordinarily | ||||||
| 8 | required to apportion business income under different | ||||||
| 9 | subsections of Section 304. The addition modification | ||||||
| 10 | required by this subparagraph shall be reduced to the | ||||||
| 11 | extent that dividends were included in base income of | ||||||
| 12 | the unitary group for the same taxable year and | ||||||
| 13 | received by the taxpayer or by a member of the | ||||||
| 14 | taxpayer's unitary business group (including amounts | ||||||
| 15 | included in gross income pursuant to Sections 951 | ||||||
| 16 | through 964 of the Internal Revenue Code and amounts | ||||||
| 17 | included in gross income under Section 78 of the | ||||||
| 18 | Internal Revenue Code) with respect to the stock of | ||||||
| 19 | the same person to whom the interest was paid, | ||||||
| 20 | accrued, or incurred. | ||||||
| 21 | This paragraph shall not apply to the following: | ||||||
| 22 | (i) an item of interest paid, accrued, or | ||||||
| 23 | incurred, directly or indirectly, to a person who | ||||||
| 24 | is subject in a foreign country or state, other | ||||||
| 25 | than a state which requires mandatory unitary | ||||||
| 26 | reporting, to a tax on or measured by net income | ||||||
| |||||||
| |||||||
| 1 | with respect to such interest; or | ||||||
| 2 | (ii) an item of interest paid, accrued, or | ||||||
| 3 | incurred, directly or indirectly, to a person if | ||||||
| 4 | the taxpayer can establish, based on a | ||||||
| 5 | preponderance of the evidence, both of the | ||||||
| 6 | following: | ||||||
| 7 | (a) the person, during the same taxable | ||||||
| 8 | year, paid, accrued, or incurred, the interest | ||||||
| 9 | to a person that is not a related member, and | ||||||
| 10 | (b) the transaction giving rise to the | ||||||
| 11 | interest expense between the taxpayer and the | ||||||
| 12 | person did not have as a principal purpose the | ||||||
| 13 | avoidance of Illinois income tax, and is paid | ||||||
| 14 | pursuant to a contract or agreement that | ||||||
| 15 | reflects an arm's-length interest rate and | ||||||
| 16 | terms; or | ||||||
| 17 | (iii) the taxpayer can establish, based on | ||||||
| 18 | clear and convincing evidence, that the interest | ||||||
| 19 | paid, accrued, or incurred relates to a contract | ||||||
| 20 | or agreement entered into at arm's-length rates | ||||||
| 21 | and terms and the principal purpose for the | ||||||
| 22 | payment is not federal or Illinois tax avoidance; | ||||||
| 23 | or | ||||||
| 24 | (iv) an item of interest paid, accrued, or | ||||||
| 25 | incurred, directly or indirectly, to a person if | ||||||
| 26 | the taxpayer establishes by clear and convincing | ||||||
| |||||||
| |||||||
| 1 | evidence that the adjustments are unreasonable; or | ||||||
| 2 | if the taxpayer and the Director agree in writing | ||||||
| 3 | to the application or use of an alternative method | ||||||
| 4 | of apportionment under Section 304(f). | ||||||
| 5 | Nothing in this subsection shall preclude the | ||||||
| 6 | Director from making any other adjustment | ||||||
| 7 | otherwise allowed under Section 404 of this Act | ||||||
| 8 | for any tax year beginning after the effective | ||||||
| 9 | date of this amendment provided such adjustment is | ||||||
| 10 | made pursuant to regulation adopted by the | ||||||
| 11 | Department and such regulations provide methods | ||||||
| 12 | and standards by which the Department will utilize | ||||||
| 13 | its authority under Section 404 of this Act; | ||||||
| 14 | (E-13) An amount equal to the amount of intangible | ||||||
| 15 | expenses and costs otherwise allowed as a deduction in | ||||||
| 16 | computing base income, and that were paid, accrued, or | ||||||
| 17 | incurred, directly or indirectly, (i) for taxable | ||||||
| 18 | years ending on or after December 31, 2004, to a | ||||||
| 19 | foreign person who would be a member of the same | ||||||
| 20 | unitary business group but for the fact that the | ||||||
| 21 | foreign person's business activity outside the United | ||||||
| 22 | States is 80% or more of that person's total business | ||||||
| 23 | activity and (ii) for taxable years ending on or after | ||||||
| 24 | December 31, 2008, to a person who would be a member of | ||||||
| 25 | the same unitary business group but for the fact that | ||||||
| 26 | the person is prohibited under Section 1501(a)(27) | ||||||
| |||||||
| |||||||
| 1 | from being included in the unitary business group | ||||||
| 2 | because he or she is ordinarily required to apportion | ||||||
| 3 | business income under different subsections of Section | ||||||
| 4 | 304. The addition modification required by this | ||||||
| 5 | subparagraph shall be reduced to the extent that | ||||||
| 6 | dividends were included in base income of the unitary | ||||||
| 7 | group for the same taxable year and received by the | ||||||
| 8 | taxpayer or by a member of the taxpayer's unitary | ||||||
| 9 | business group (including amounts included in gross | ||||||
| 10 | income pursuant to Sections 951 through 964 of the | ||||||
| 11 | Internal Revenue Code and amounts included in gross | ||||||
| 12 | income under Section 78 of the Internal Revenue Code) | ||||||
| 13 | with respect to the stock of the same person to whom | ||||||
| 14 | the intangible expenses and costs were directly or | ||||||
| 15 | indirectly paid, incurred, or accrued. The preceding | ||||||
| 16 | sentence shall not apply to the extent that the same | ||||||
| 17 | dividends caused a reduction to the addition | ||||||
| 18 | modification required under Section 203(b)(2)(E-12) of | ||||||
| 19 | this Act. As used in this subparagraph, the term | ||||||
| 20 | "intangible expenses and costs" includes (1) expenses, | ||||||
| 21 | losses, and costs for, or related to, the direct or | ||||||
| 22 | indirect acquisition, use, maintenance or management, | ||||||
| 23 | ownership, sale, exchange, or any other disposition of | ||||||
| 24 | intangible property; (2) losses incurred, directly or | ||||||
| 25 | indirectly, from factoring transactions or discounting | ||||||
| 26 | transactions; (3) royalty, patent, technical, and | ||||||
| |||||||
| |||||||
| 1 | copyright fees; (4) licensing fees; and (5) other | ||||||
| 2 | similar expenses and costs. For purposes of this | ||||||
| 3 | subparagraph, "intangible property" includes patents, | ||||||
| 4 | patent applications, trade names, trademarks, service | ||||||
| 5 | marks, copyrights, mask works, trade secrets, and | ||||||
| 6 | similar types of intangible assets. | ||||||
| 7 | This paragraph shall not apply to the following: | ||||||
| 8 | (i) any item of intangible expenses or costs | ||||||
| 9 | paid, accrued, or incurred, directly or | ||||||
| 10 | indirectly, from a transaction with a person who | ||||||
| 11 | is subject in a foreign country or state, other | ||||||
| 12 | than a state which requires mandatory unitary | ||||||
| 13 | reporting, to a tax on or measured by net income | ||||||
| 14 | with respect to such item; or | ||||||
| 15 | (ii) any item of intangible expense or cost | ||||||
| 16 | paid, accrued, or incurred, directly or | ||||||
| 17 | indirectly, if the taxpayer can establish, based | ||||||
| 18 | on a preponderance of the evidence, both of the | ||||||
| 19 | following: | ||||||
| 20 | (a) the person during the same taxable | ||||||
| 21 | year paid, accrued, or incurred, the | ||||||
| 22 | intangible expense or cost to a person that is | ||||||
| 23 | not a related member, and | ||||||
| 24 | (b) the transaction giving rise to the | ||||||
| 25 | intangible expense or cost between the | ||||||
| 26 | taxpayer and the person did not have as a | ||||||
| |||||||
| |||||||
| 1 | principal purpose the avoidance of Illinois | ||||||
| 2 | income tax, and is paid pursuant to a contract | ||||||
| 3 | or agreement that reflects arm's-length terms; | ||||||
| 4 | or | ||||||
| 5 | (iii) any item of intangible expense or cost | ||||||
| 6 | paid, accrued, or incurred, directly or | ||||||
| 7 | indirectly, from a transaction with a person if | ||||||
| 8 | the taxpayer establishes by clear and convincing | ||||||
| 9 | evidence, that the adjustments are unreasonable; | ||||||
| 10 | or if the taxpayer and the Director agree in | ||||||
| 11 | writing to the application or use of an | ||||||
| 12 | alternative method of apportionment under Section | ||||||
| 13 | 304(f); | ||||||
| 14 | Nothing in this subsection shall preclude the | ||||||
| 15 | Director from making any other adjustment | ||||||
| 16 | otherwise allowed under Section 404 of this Act | ||||||
| 17 | for any tax year beginning after the effective | ||||||
| 18 | date of this amendment provided such adjustment is | ||||||
| 19 | made pursuant to regulation adopted by the | ||||||
| 20 | Department and such regulations provide methods | ||||||
| 21 | and standards by which the Department will utilize | ||||||
| 22 | its authority under Section 404 of this Act; | ||||||
| 23 | (E-14) For taxable years ending on or after | ||||||
| 24 | December 31, 2008, an amount equal to the amount of | ||||||
| 25 | insurance premium expenses and costs otherwise allowed | ||||||
| 26 | as a deduction in computing base income, and that were | ||||||
| |||||||
| |||||||
| 1 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 2 | a person who would be a member of the same unitary | ||||||
| 3 | business group but for the fact that the person is | ||||||
| 4 | prohibited under Section 1501(a)(27) from being | ||||||
| 5 | included in the unitary business group because he or | ||||||
| 6 | she is ordinarily required to apportion business | ||||||
| 7 | income under different subsections of Section 304. The | ||||||
| 8 | addition modification required by this subparagraph | ||||||
| 9 | shall be reduced to the extent that dividends were | ||||||
| 10 | included in base income of the unitary group for the | ||||||
| 11 | same taxable year and received by the taxpayer or by a | ||||||
| 12 | member of the taxpayer's unitary business group | ||||||
| 13 | (including amounts included in gross income under | ||||||
| 14 | Sections 951 through 964 of the Internal Revenue Code | ||||||
| 15 | and amounts included in gross income under Section 78 | ||||||
| 16 | of the Internal Revenue Code) with respect to the | ||||||
| 17 | stock of the same person to whom the premiums and costs | ||||||
| 18 | were directly or indirectly paid, incurred, or | ||||||
| 19 | accrued. The preceding sentence does not apply to the | ||||||
| 20 | extent that the same dividends caused a reduction to | ||||||
| 21 | the addition modification required under Section | ||||||
| 22 | 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this | ||||||
| 23 | Act; | ||||||
| 24 | (E-15) For taxable years beginning after December | ||||||
| 25 | 31, 2008, any deduction for dividends paid by a | ||||||
| 26 | captive real estate investment trust that is allowed | ||||||
| |||||||
| |||||||
| 1 | to a real estate investment trust under Section | ||||||
| 2 | 857(b)(2)(B) of the Internal Revenue Code for | ||||||
| 3 | dividends paid; | ||||||
| 4 | (E-16) An amount equal to the credit allowable to | ||||||
| 5 | the taxpayer under Section 218(a) of this Act, | ||||||
| 6 | determined without regard to Section 218(c) of this | ||||||
| 7 | Act; | ||||||
| 8 | (E-17) For taxable years ending on or after | ||||||
| 9 | December 31, 2017, an amount equal to the deduction | ||||||
| 10 | allowed under Section 199 of the Internal Revenue Code | ||||||
| 11 | for the taxable year; | ||||||
| 12 | (E-18) for taxable years beginning after December | ||||||
| 13 | 31, 2018, an amount equal to the deduction allowed | ||||||
| 14 | under Section 250(a)(1)(A) of the Internal Revenue | ||||||
| 15 | Code for the taxable year; | ||||||
| 16 | (E-19) for taxable years ending on or after June | ||||||
| 17 | 30, 2021, an amount equal to the deduction allowed | ||||||
| 18 | under Section 250(a)(1)(B)(i) of the Internal Revenue | ||||||
| 19 | Code for the taxable year; | ||||||
| 20 | (E-20) for taxable years ending on or after June | ||||||
| 21 | 30, 2021, an amount equal to the deduction allowed | ||||||
| 22 | under Sections 243(e) and 245A(a) of the Internal | ||||||
| 23 | Revenue Code for the taxable year; | ||||||
| 24 | (E-21) the amount that is claimed as a federal | ||||||
| 25 | deduction when computing the taxpayer's federal | ||||||
| 26 | taxable income for the taxable year and that is | ||||||
| |||||||
| |||||||
| 1 | attributable to an endowment gift for which the | ||||||
| 2 | taxpayer receives a credit under the Illinois Gives | ||||||
| 3 | Tax Credit Act; | ||||||
| 4 | and by deducting from the total so obtained the sum of the | ||||||
| 5 | following amounts: | ||||||
| 6 | (F) An amount equal to the amount of any tax | ||||||
| 7 | imposed by this Act which was refunded to the taxpayer | ||||||
| 8 | and included in such total for the taxable year; | ||||||
| 9 | (G) An amount equal to any amount included in such | ||||||
| 10 | total under Section 78 of the Internal Revenue Code; | ||||||
| 11 | (H) In the case of a regulated investment company, | ||||||
| 12 | an amount equal to the amount of exempt interest | ||||||
| 13 | dividends as defined in subsection (b)(5) of Section | ||||||
| 14 | 852 of the Internal Revenue Code, paid to shareholders | ||||||
| 15 | for the taxable year; | ||||||
| 16 | (I) With the exception of any amounts subtracted | ||||||
| 17 | under subparagraph (J), an amount equal to the sum of | ||||||
| 18 | all amounts disallowed as deductions by (i) Sections | ||||||
| 19 | 171(a)(2) and 265(a)(2) and amounts disallowed as | ||||||
| 20 | interest expense by Section 291(a)(3) of the Internal | ||||||
| 21 | Revenue Code, and all amounts of expenses allocable to | ||||||
| 22 | interest and disallowed as deductions by Section | ||||||
| 23 | 265(a)(1) of the Internal Revenue Code; and (ii) for | ||||||
| 24 | taxable years ending on or after August 13, 1999, | ||||||
| 25 | Sections 171(a)(2), 265, 280C, 291(a)(3), and | ||||||
| 26 | 832(b)(5)(B)(i) of the Internal Revenue Code, plus, | ||||||
| |||||||
| |||||||
| 1 | for tax years ending on or after December 31, 2011, | ||||||
| 2 | amounts disallowed as deductions by Section 45G(e)(3) | ||||||
| 3 | of the Internal Revenue Code and, for taxable years | ||||||
| 4 | ending on or after December 31, 2008, any amount | ||||||
| 5 | included in gross income under Section 87 of the | ||||||
| 6 | Internal Revenue Code and the policyholders' share of | ||||||
| 7 | tax-exempt interest of a life insurance company under | ||||||
| 8 | Section 807(a)(2)(B) of the Internal Revenue Code (in | ||||||
| 9 | the case of a life insurance company with gross income | ||||||
| 10 | from a decrease in reserves for the tax year) or | ||||||
| 11 | Section 807(b)(1)(B) of the Internal Revenue Code (in | ||||||
| 12 | the case of a life insurance company allowed a | ||||||
| 13 | deduction for an increase in reserves for the tax | ||||||
| 14 | year); the provisions of this subparagraph are exempt | ||||||
| 15 | from the provisions of Section 250; | ||||||
| 16 | (J) An amount equal to all amounts included in | ||||||
| 17 | such total 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 | ||||||
| 24 | net of bond premium amortization; | ||||||
| 25 | (K) An amount equal to those dividends included in | ||||||
| 26 | such total which were paid by a corporation which | ||||||
| |||||||
| |||||||
| 1 | conducts business operations in a River Edge | ||||||
| 2 | Redevelopment Zone or zones created under the River | ||||||
| 3 | Edge Redevelopment Zone Act and conducts substantially | ||||||
| 4 | all of its operations in a River Edge Redevelopment | ||||||
| 5 | Zone or zones. This subparagraph (K) is exempt from | ||||||
| 6 | the provisions of Section 250; | ||||||
| 7 | (L) An amount equal to those dividends included in | ||||||
| 8 | such total that were paid by a corporation that | ||||||
| 9 | conducts business operations in a federally designated | ||||||
| 10 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
| 11 | a High Impact Business located in Illinois; provided | ||||||
| 12 | that dividends eligible for the deduction provided in | ||||||
| 13 | subparagraph (K) of paragraph 2 of this subsection | ||||||
| 14 | shall not be eligible for the deduction provided under | ||||||
| 15 | this subparagraph (L); | ||||||
| 16 | (M) For any taxpayer that is a financial | ||||||
| 17 | organization within the meaning of Section 304(c) of | ||||||
| 18 | this Act, an amount included in such total as interest | ||||||
| 19 | income from a loan or loans made by such taxpayer to a | ||||||
| 20 | borrower, to the extent that such a loan is secured by | ||||||
| 21 | property which is eligible for the River Edge | ||||||
| 22 | Redevelopment Zone Investment Credit. To determine the | ||||||
| 23 | portion of a loan or loans that is secured by property | ||||||
| 24 | eligible for a Section 201(f) investment credit to the | ||||||
| 25 | borrower, the entire principal amount of the loan or | ||||||
| 26 | loans between the taxpayer and the borrower should be | ||||||
| |||||||
| |||||||
| 1 | divided into the basis of the Section 201(f) | ||||||
| 2 | investment credit property which secures the loan or | ||||||
| 3 | loans, using for this purpose the original basis of | ||||||
| 4 | such property on the date that it was placed in service | ||||||
| 5 | in the River Edge Redevelopment Zone. The subtraction | ||||||
| 6 | modification available to the taxpayer in any year | ||||||
| 7 | under this subsection shall be that portion of the | ||||||
| 8 | total interest paid by the borrower with respect to | ||||||
| 9 | such loan attributable to the eligible property as | ||||||
| 10 | calculated under the previous sentence. This | ||||||
| 11 | subparagraph (M) is exempt from the provisions of | ||||||
| 12 | Section 250; | ||||||
| 13 | (M-1) For any taxpayer that is a financial | ||||||
| 14 | organization within the meaning of Section 304(c) of | ||||||
| 15 | this Act, an amount included in such total as interest | ||||||
| 16 | income from a loan or loans made by such taxpayer to a | ||||||
| 17 | borrower, to the extent that such a loan is secured by | ||||||
| 18 | property which is eligible for the High Impact | ||||||
| 19 | Business Investment Credit. To determine the portion | ||||||
| 20 | of a loan or loans that is secured by property eligible | ||||||
| 21 | for a Section 201(h) investment credit to the | ||||||
| 22 | borrower, the entire principal amount of the loan or | ||||||
| 23 | loans between the taxpayer and the borrower should be | ||||||
| 24 | divided into the basis of the Section 201(h) | ||||||
| 25 | investment credit property which secures the loan or | ||||||
| 26 | loans, using for this purpose the original basis of | ||||||
| |||||||
| |||||||
| 1 | such property on the date that it was placed in service | ||||||
| 2 | in a federally designated Foreign Trade Zone or | ||||||
| 3 | Sub-Zone located in Illinois. No taxpayer that is | ||||||
| 4 | eligible for the deduction provided in subparagraph | ||||||
| 5 | (M) of paragraph (2) of this subsection shall be | ||||||
| 6 | eligible for the deduction provided under this | ||||||
| 7 | subparagraph (M-1). The subtraction modification | ||||||
| 8 | available to taxpayers in any year under this | ||||||
| 9 | subsection shall be that portion of the total interest | ||||||
| 10 | paid by the borrower with respect to such loan | ||||||
| 11 | attributable to the eligible property as calculated | ||||||
| 12 | under the previous sentence; | ||||||
| 13 | (N) Two times any contribution made during the | ||||||
| 14 | taxable year to a designated zone organization to the | ||||||
| 15 | extent that the contribution (i) qualifies as a | ||||||
| 16 | charitable contribution under subsection (c) of | ||||||
| 17 | Section 170 of the Internal Revenue Code and (ii) | ||||||
| 18 | must, by its terms, be used for a project approved by | ||||||
| 19 | the Department of Commerce and Economic Opportunity | ||||||
| 20 | under Section 11 of the Illinois Enterprise Zone Act | ||||||
| 21 | or under Section 10-10 of the River Edge Redevelopment | ||||||
| 22 | Zone Act. This subparagraph (N) is exempt from the | ||||||
| 23 | provisions of Section 250; | ||||||
| 24 | (O) An amount equal to: (i) 85% for taxable years | ||||||
| 25 | ending on or before December 31, 1992, or, a | ||||||
| 26 | percentage equal to the percentage allowable under | ||||||
| |||||||
| |||||||
| 1 | Section 243(a)(1) of the Internal Revenue Code of 1986 | ||||||
| 2 | for taxable years ending after December 31, 1992, of | ||||||
| 3 | the amount by which dividends included in taxable | ||||||
| 4 | income and received from a corporation that is not | ||||||
| 5 | created or organized under the laws of the United | ||||||
| 6 | States or any state or political subdivision thereof, | ||||||
| 7 | including, for taxable years ending on or after | ||||||
| 8 | December 31, 1988, dividends received or deemed | ||||||
| 9 | received or paid or deemed paid under Sections 951 | ||||||
| 10 | through 965 of the Internal Revenue Code, exceed the | ||||||
| 11 | amount of the modification provided under subparagraph | ||||||
| 12 | (G) of paragraph (2) of this subsection (b) which is | ||||||
| 13 | related to such dividends, and including, for taxable | ||||||
| 14 | years ending on or after December 31, 2008, dividends | ||||||
| 15 | received from a captive real estate investment trust; | ||||||
| 16 | plus (ii) 100% of the amount by which dividends, | ||||||
| 17 | included in taxable income and received, including, | ||||||
| 18 | for taxable years ending on or after December 31, | ||||||
| 19 | 1988, dividends received or deemed received or paid or | ||||||
| 20 | deemed paid under Sections 951 through 964 of the | ||||||
| 21 | Internal Revenue Code and including, for taxable years | ||||||
| 22 | ending on or after December 31, 2008, dividends | ||||||
| 23 | received from a captive real estate investment trust, | ||||||
| 24 | from any such corporation specified in clause (i) that | ||||||
| 25 | would but for the provisions of Section 1504(b)(3) of | ||||||
| 26 | the Internal Revenue Code be treated as a member of the | ||||||
| |||||||
| |||||||
| 1 | affiliated group which includes the dividend | ||||||
| 2 | recipient, exceed the amount of the modification | ||||||
| 3 | provided under subparagraph (G) of paragraph (2) of | ||||||
| 4 | this subsection (b) which is related to such | ||||||
| 5 | dividends. For taxable years ending on or after June | ||||||
| 6 | 30, 2021, (i) for purposes of this subparagraph, the | ||||||
| 7 | term "dividend" does not include any amount treated as | ||||||
| 8 | a dividend under Section 1248 of the Internal Revenue | ||||||
| 9 | Code, and (ii) this subparagraph shall not apply to | ||||||
| 10 | dividends for which a deduction is allowed under | ||||||
| 11 | Section 245(a) of the Internal Revenue Code. This | ||||||
| 12 | subparagraph (O) is exempt from the provisions of | ||||||
| 13 | Section 250 of this Act; | ||||||
| 14 | (P) An amount equal to any contribution made to a | ||||||
| 15 | job training project established pursuant to the Tax | ||||||
| 16 | Increment Allocation Redevelopment Act; | ||||||
| 17 | (Q) An amount equal to the amount of the deduction | ||||||
| 18 | used to compute the federal income tax credit for | ||||||
| 19 | restoration of substantial amounts held under claim of | ||||||
| 20 | right for the taxable year pursuant to Section 1341 of | ||||||
| 21 | the Internal Revenue Code; | ||||||
| 22 | (R) On and after July 20, 1999, in the case of an | ||||||
| 23 | attorney-in-fact with respect to whom an interinsurer | ||||||
| 24 | or a reciprocal insurer has made the election under | ||||||
| 25 | Section 835 of the Internal Revenue Code, 26 U.S.C. | ||||||
| 26 | 835, an amount equal to the excess, if any, of the | ||||||
| |||||||
| |||||||
| 1 | amounts paid or incurred by that interinsurer or | ||||||
| 2 | reciprocal insurer in the taxable year to the | ||||||
| 3 | attorney-in-fact over the deduction allowed to that | ||||||
| 4 | interinsurer or reciprocal insurer with respect to the | ||||||
| 5 | attorney-in-fact under Section 835(b) of the Internal | ||||||
| 6 | Revenue Code for the taxable year; the provisions of | ||||||
| 7 | this subparagraph are exempt from the provisions of | ||||||
| 8 | Section 250; | ||||||
| 9 | (S) For taxable years ending on or after December | ||||||
| 10 | 31, 1997, in the case of a Subchapter S corporation, an | ||||||
| 11 | amount equal to all amounts of income allocable to a | ||||||
| 12 | shareholder subject to the Personal Property Tax | ||||||
| 13 | Replacement Income Tax imposed by subsections (c) and | ||||||
| 14 | (d) of Section 201 of this Act, including amounts | ||||||
| 15 | allocable to organizations exempt from federal income | ||||||
| 16 | tax by reason of Section 501(a) of the Internal | ||||||
| 17 | Revenue Code. This subparagraph (S) is exempt from the | ||||||
| 18 | provisions of Section 250; | ||||||
| 19 | (T) For taxable years 2001 and thereafter, for the | ||||||
| 20 | taxable year in which the bonus depreciation deduction | ||||||
| 21 | is taken on the taxpayer's federal income tax return | ||||||
| 22 | under subsection (k) of Section 168 of the Internal | ||||||
| 23 | Revenue Code and for each applicable taxable year | ||||||
| 24 | thereafter, an amount equal to "x", where: | ||||||
| 25 | (1) "y" equals the amount of the depreciation | ||||||
| 26 | deduction taken for the taxable year on the | ||||||
| |||||||
| |||||||
| 1 | taxpayer's federal income tax return on property | ||||||
| 2 | for which the bonus depreciation deduction was | ||||||
| 3 | taken in any year under subsection (k) of Section | ||||||
| 4 | 168 of the Internal Revenue Code, but not | ||||||
| 5 | including the bonus depreciation deduction; | ||||||
| 6 | (2) for taxable years ending on or before | ||||||
| 7 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
| 8 | and then divided by 70 (or "y" multiplied by | ||||||
| 9 | 0.429); and | ||||||
| 10 | (3) for taxable years ending after December | ||||||
| 11 | 31, 2005: | ||||||
| 12 | (i) for property on which a bonus | ||||||
| 13 | depreciation deduction of 30% of the adjusted | ||||||
| 14 | basis was taken, "x" equals "y" multiplied by | ||||||
| 15 | 30 and then divided by 70 (or "y" multiplied | ||||||
| 16 | by 0.429); | ||||||
| 17 | (ii) for property on which a bonus | ||||||
| 18 | depreciation deduction of 50% of the adjusted | ||||||
| 19 | basis was taken, "x" equals "y" multiplied by | ||||||
| 20 | 1.0; | ||||||
| 21 | (iii) for property on which a bonus | ||||||
| 22 | depreciation deduction of 100% of the adjusted | ||||||
| 23 | basis was taken in a taxable year ending on or | ||||||
| 24 | after December 31, 2021, "x" equals the | ||||||
| 25 | depreciation deduction that would be allowed | ||||||
| 26 | on that property if the taxpayer had made the | ||||||
| |||||||
| |||||||
| 1 | election under Section 168(k)(7) of the | ||||||
| 2 | Internal Revenue Code to not claim bonus | ||||||
| 3 | depreciation on that property; and | ||||||
| 4 | (iv) for property on which a bonus | ||||||
| 5 | depreciation deduction of a percentage other | ||||||
| 6 | than 30%, 50% or 100% of the adjusted basis | ||||||
| 7 | was taken in a taxable year ending on or after | ||||||
| 8 | December 31, 2021, "x" equals "y" multiplied | ||||||
| 9 | by 100 times the percentage bonus depreciation | ||||||
| 10 | on the property (that is, 100(bonus%)) and | ||||||
| 11 | then divided by 100 times 1 minus the | ||||||
| 12 | percentage bonus depreciation on the property | ||||||
| 13 | (that is, 100(1-bonus%)). | ||||||
| 14 | The aggregate amount deducted under this | ||||||
| 15 | subparagraph in all taxable years for any one piece of | ||||||
| 16 | property may not exceed the amount of the bonus | ||||||
| 17 | depreciation deduction taken on that property on the | ||||||
| 18 | taxpayer's federal income tax return under subsection | ||||||
| 19 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
| 20 | subparagraph (T) is exempt from the provisions of | ||||||
| 21 | Section 250; | ||||||
| 22 | (U) If the taxpayer sells, transfers, abandons, or | ||||||
| 23 | otherwise disposes of property for which the taxpayer | ||||||
| 24 | was required in any taxable year to make an addition | ||||||
| 25 | modification under subparagraph (E-10), then an amount | ||||||
| 26 | equal to that addition modification. | ||||||
| |||||||
| |||||||
| 1 | If the taxpayer continues to own property through | ||||||
| 2 | the last day of the last tax year for which a | ||||||
| 3 | subtraction is allowed with respect to that property | ||||||
| 4 | under subparagraph (T) and for which the taxpayer was | ||||||
| 5 | required in any taxable year to make an addition | ||||||
| 6 | modification under subparagraph (E-10), then an amount | ||||||
| 7 | equal to that addition modification. | ||||||
| 8 | The taxpayer is allowed to take the deduction | ||||||
| 9 | under this subparagraph only once with respect to any | ||||||
| 10 | one piece of property. | ||||||
| 11 | This subparagraph (U) is exempt from the | ||||||
| 12 | provisions of Section 250; | ||||||
| 13 | (V) The amount of: (i) any interest income (net of | ||||||
| 14 | the deductions allocable thereto) taken into account | ||||||
| 15 | for the taxable year with respect to a transaction | ||||||
| 16 | with a taxpayer that is required to make an addition | ||||||
| 17 | modification with respect to such transaction under | ||||||
| 18 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
| 19 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
| 20 | the amount of such addition modification, (ii) any | ||||||
| 21 | income from intangible property (net of the deductions | ||||||
| 22 | allocable thereto) taken into account for the taxable | ||||||
| 23 | year with respect to a transaction with a taxpayer | ||||||
| 24 | that is required to make an addition modification with | ||||||
| 25 | respect to such transaction under Section | ||||||
| 26 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
| |||||||
| |||||||
| 1 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
| 2 | addition modification, and (iii) any insurance premium | ||||||
| 3 | income (net of deductions allocable thereto) taken | ||||||
| 4 | into account for the taxable year with respect to a | ||||||
| 5 | transaction with a taxpayer that is required to make | ||||||
| 6 | an addition modification with respect to such | ||||||
| 7 | transaction under Section 203(a)(2)(D-19), Section | ||||||
| 8 | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section | ||||||
| 9 | 203(d)(2)(D-9), but not to exceed the amount of that | ||||||
| 10 | addition modification. This subparagraph (V) is exempt | ||||||
| 11 | from the provisions of Section 250; | ||||||
| 12 | (W) An amount equal to the interest income taken | ||||||
| 13 | into account for the taxable year (net of the | ||||||
| 14 | deductions allocable thereto) with respect to | ||||||
| 15 | transactions with (i) a foreign person who would be a | ||||||
| 16 | member of the taxpayer's unitary business group but | ||||||
| 17 | for the fact that the foreign person's business | ||||||
| 18 | activity outside the United States is 80% or more of | ||||||
| 19 | that person's total business activity and (ii) for | ||||||
| 20 | taxable years ending on or after December 31, 2008, to | ||||||
| 21 | a person who would be a member of the same unitary | ||||||
| 22 | business group but for the fact that the person is | ||||||
| 23 | prohibited under Section 1501(a)(27) from being | ||||||
| 24 | included in the unitary business group because he or | ||||||
| 25 | she is ordinarily required to apportion business | ||||||
| 26 | income under different subsections of Section 304, but | ||||||
| |||||||
| |||||||
| 1 | not to exceed the addition modification required to be | ||||||
| 2 | made for the same taxable year under Section | ||||||
| 3 | 203(b)(2)(E-12) for interest paid, accrued, or | ||||||
| 4 | incurred, directly or indirectly, to the same person. | ||||||
| 5 | This subparagraph (W) is exempt from the provisions of | ||||||
| 6 | Section 250; | ||||||
| 7 | (X) An amount equal to the income from intangible | ||||||
| 8 | property taken into account for the taxable year (net | ||||||
| 9 | of the 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 | ||||||
| 12 | for the fact that the foreign person's business | ||||||
| 13 | activity outside the United States is 80% or more of | ||||||
| 14 | that person's total business activity and (ii) for | ||||||
| 15 | taxable years ending on or after December 31, 2008, to | ||||||
| 16 | a person who would be a member of the same unitary | ||||||
| 17 | business group but for the fact that the person is | ||||||
| 18 | prohibited under Section 1501(a)(27) from being | ||||||
| 19 | included in the unitary business group because he or | ||||||
| 20 | she is ordinarily required to apportion business | ||||||
| 21 | income under different subsections of Section 304, but | ||||||
| 22 | not to exceed the addition modification required to be | ||||||
| 23 | made for the same taxable year under Section | ||||||
| 24 | 203(b)(2)(E-13) for intangible expenses and costs | ||||||
| 25 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 26 | the same foreign person. This subparagraph (X) is | ||||||
| |||||||
| |||||||
| 1 | exempt from the provisions of Section 250; | ||||||
| 2 | (Y) For taxable years ending on or after December | ||||||
| 3 | 31, 2011, in the case of a taxpayer who was required to | ||||||
| 4 | add back any insurance premiums under Section | ||||||
| 5 | 203(b)(2)(E-14), such taxpayer may elect to subtract | ||||||
| 6 | that part of a reimbursement received from the | ||||||
| 7 | insurance company equal to the amount of the expense | ||||||
| 8 | or loss (including expenses incurred by the insurance | ||||||
| 9 | company) that would have been taken into account as a | ||||||
| 10 | deduction for federal income tax purposes if the | ||||||
| 11 | expense or loss had been uninsured. If a taxpayer | ||||||
| 12 | makes the election provided for by this subparagraph | ||||||
| 13 | (Y), the insurer to which the premiums were paid must | ||||||
| 14 | add back to income the amount subtracted by the | ||||||
| 15 | taxpayer pursuant to this subparagraph (Y). This | ||||||
| 16 | subparagraph (Y) is exempt from the provisions of | ||||||
| 17 | Section 250; | ||||||
| 18 | (Z) The difference between the nondeductible | ||||||
| 19 | controlled foreign corporation dividends under Section | ||||||
| 20 | 965(e)(3) of the Internal Revenue Code over the | ||||||
| 21 | taxable income of the taxpayer, computed without | ||||||
| 22 | regard to Section 965(e)(2)(A) of the Internal Revenue | ||||||
| 23 | Code, and without regard to any net operating loss | ||||||
| 24 | deduction. This subparagraph (Z) is exempt from the | ||||||
| 25 | provisions of Section 250; and | ||||||
| 26 | (AA) For taxable years beginning on or after | ||||||
| |||||||
| |||||||
| 1 | January 1, 2023, for any cannabis establishment | ||||||
| 2 | operating in this State and licensed under the | ||||||
| 3 | Cannabis Regulation and Tax Act or any cannabis | ||||||
| 4 | cultivation center or medical cannabis dispensing | ||||||
| 5 | organization operating in this State and licensed | ||||||
| 6 | under the Compassionate Use of Medical Cannabis | ||||||
| 7 | Program Act, an amount equal to the deductions that | ||||||
| 8 | were disallowed under Section 280E of the Internal | ||||||
| 9 | Revenue Code for the taxable year and that would not be | ||||||
| 10 | added back under this subsection. The provisions of | ||||||
| 11 | this subparagraph (AA) are exempt from the provisions | ||||||
| 12 | of Section 250. | ||||||
| 13 | (3) Special rule. For purposes of paragraph (2)(A), | ||||||
| 14 | "gross income" in the case of a life insurance company, | ||||||
| 15 | for tax years ending on and after December 31, 1994, and | ||||||
| 16 | prior to December 31, 2011, shall mean the gross | ||||||
| 17 | investment income for the taxable year and, for tax years | ||||||
| 18 | ending on or after December 31, 2011, shall mean all | ||||||
| 19 | amounts included in life insurance gross income under | ||||||
| 20 | Section 803(a)(3) of the Internal Revenue Code.
| ||||||
| 21 | (c) Trusts and estates. | ||||||
| 22 | (1) In general. In the case of a trust or estate, base | ||||||
| 23 | income means an amount equal to the taxpayer's taxable | ||||||
| 24 | income for the taxable year as modified by paragraph (2). | ||||||
| 25 | (2) Modifications. Subject to the provisions of | ||||||
| |||||||
| |||||||
| 1 | paragraph (3), the taxable income referred to in paragraph | ||||||
| 2 | (1) shall be modified by adding thereto the sum of the | ||||||
| 3 | following amounts: | ||||||
| 4 | (A) An amount equal to all amounts paid or accrued | ||||||
| 5 | to the taxpayer as interest or dividends during the | ||||||
| 6 | taxable year to the extent excluded from gross income | ||||||
| 7 | in the computation of taxable income; | ||||||
| 8 | (B) In the case of (i) an estate, $600; (ii) a | ||||||
| 9 | trust which, under its governing instrument, is | ||||||
| 10 | required to distribute all of its income currently, | ||||||
| 11 | $300; and (iii) any other trust, $100, but in each such | ||||||
| 12 | case, only to the extent such amount was deducted in | ||||||
| 13 | the computation of taxable income; | ||||||
| 14 | (C) An amount equal to the amount of tax imposed by | ||||||
| 15 | this Act to the extent deducted from gross income in | ||||||
| 16 | the computation of taxable income for the taxable | ||||||
| 17 | year; | ||||||
| 18 | (D) The amount of any net operating loss deduction | ||||||
| 19 | taken in arriving at taxable income, other than a net | ||||||
| 20 | operating loss carried forward from a taxable year | ||||||
| 21 | ending prior to December 31, 1986; | ||||||
| 22 | (E) For taxable years in which a net operating | ||||||
| 23 | loss carryback or carryforward from a taxable year | ||||||
| 24 | ending prior to December 31, 1986 is an element of | ||||||
| 25 | taxable income under paragraph (1) of subsection (e) | ||||||
| 26 | or subparagraph (E) of paragraph (2) of subsection | ||||||
| |||||||
| |||||||
| 1 | (e), the amount by which addition modifications other | ||||||
| 2 | than those provided by this subparagraph (E) exceeded | ||||||
| 3 | subtraction modifications in such taxable year, with | ||||||
| 4 | the following limitations applied in the order that | ||||||
| 5 | they are listed: | ||||||
| 6 | (i) the addition modification relating to the | ||||||
| 7 | net operating loss carried back or forward to the | ||||||
| 8 | taxable year from any taxable year ending prior to | ||||||
| 9 | December 31, 1986 shall be reduced by the amount | ||||||
| 10 | of addition modification under this subparagraph | ||||||
| 11 | (E) which related to that net operating loss and | ||||||
| 12 | which was taken into account in calculating the | ||||||
| 13 | base income of an earlier taxable year, and | ||||||
| 14 | (ii) the addition modification relating to the | ||||||
| 15 | net operating loss carried back or forward to the | ||||||
| 16 | taxable year from any taxable year ending prior to | ||||||
| 17 | December 31, 1986 shall not exceed the amount of | ||||||
| 18 | such carryback or carryforward; | ||||||
| 19 | For taxable years in which there is a net | ||||||
| 20 | operating loss carryback or carryforward from more | ||||||
| 21 | than one other taxable year ending prior to December | ||||||
| 22 | 31, 1986, the addition modification provided in this | ||||||
| 23 | subparagraph (E) shall be the sum of the amounts | ||||||
| 24 | computed independently under the preceding provisions | ||||||
| 25 | of this subparagraph (E) for each such taxable year; | ||||||
| 26 | (F) For taxable years ending on or after January | ||||||
| |||||||
| |||||||
| 1 | 1, 1989, an amount equal to the tax deducted pursuant | ||||||
| 2 | to Section 164 of the Internal Revenue Code if the | ||||||
| 3 | trust or estate is claiming the same tax for purposes | ||||||
| 4 | of the Illinois foreign tax credit under Section 601 | ||||||
| 5 | of this Act; | ||||||
| 6 | (G) An amount equal to the amount of the capital | ||||||
| 7 | gain deduction allowable under the Internal Revenue | ||||||
| 8 | Code, to the extent deducted from gross income in the | ||||||
| 9 | computation of taxable income; | ||||||
| 10 | (G-5) For taxable years ending after December 31, | ||||||
| 11 | 1997, an amount equal to any eligible remediation | ||||||
| 12 | costs that the trust or estate deducted in computing | ||||||
| 13 | adjusted gross income and for which the trust or | ||||||
| 14 | estate claims a credit under subsection (l) of Section | ||||||
| 15 | 201; | ||||||
| 16 | (G-10) 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 | ||||||
| 20 | the Internal Revenue Code; and | ||||||
| 21 | (G-11) 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 (G-10), then | ||||||
| 25 | an amount equal to the aggregate amount of the | ||||||
| 26 | deductions taken in all taxable years under | ||||||
| |||||||
| |||||||
| 1 | subparagraph (R) 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 a | ||||||
| 4 | subtraction is allowed with respect to that property | ||||||
| 5 | under subparagraph (R) and for which the taxpayer was | ||||||
| 6 | allowed in any taxable year to make a subtraction | ||||||
| 7 | modification under subparagraph (R), 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 | (G-12) 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 the foreign person's business activity | ||||||
| 19 | outside 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 pursuant to Sections 951 | ||||||
| 8 | through 964 of the Internal Revenue Code and amounts | ||||||
| 9 | included in gross income under Section 78 of the | ||||||
| 10 | Internal Revenue Code) with respect to the stock of | ||||||
| 11 | the same person to whom the interest was paid, | ||||||
| 12 | accrued, or incurred. | ||||||
| 13 | This paragraph shall not apply to the following: | ||||||
| 14 | (i) an item of interest paid, accrued, or | ||||||
| 15 | incurred, directly or indirectly, to a person who | ||||||
| 16 | is subject in a foreign country or state, other | ||||||
| 17 | than a state which requires mandatory unitary | ||||||
| 18 | reporting, to a tax on or measured by net income | ||||||
| 19 | with respect to such interest; or | ||||||
| 20 | (ii) an item of interest paid, accrued, or | ||||||
| 21 | incurred, directly or indirectly, to a person if | ||||||
| 22 | the taxpayer can establish, based on a | ||||||
| 23 | preponderance of the evidence, both of the | ||||||
| 24 | following: | ||||||
| 25 | (a) the person, during the same taxable | ||||||
| 26 | year, paid, accrued, or incurred, the interest | ||||||
| |||||||
| |||||||
| 1 | to a person that is not a related member, and | ||||||
| 2 | (b) the transaction giving rise to the | ||||||
| 3 | interest expense between the taxpayer and the | ||||||
| 4 | person did not have as a principal purpose the | ||||||
| 5 | avoidance of Illinois income tax, and is paid | ||||||
| 6 | pursuant to a contract or agreement that | ||||||
| 7 | reflects an arm's-length interest rate and | ||||||
| 8 | terms; or | ||||||
| 9 | (iii) the taxpayer can establish, based on | ||||||
| 10 | clear and convincing evidence, that the interest | ||||||
| 11 | paid, accrued, or incurred relates to a contract | ||||||
| 12 | or agreement entered into at arm's-length rates | ||||||
| 13 | and terms and the principal purpose for the | ||||||
| 14 | payment is not federal or Illinois tax avoidance; | ||||||
| 15 | or | ||||||
| 16 | (iv) an item of interest paid, accrued, or | ||||||
| 17 | incurred, directly or indirectly, to a person if | ||||||
| 18 | the taxpayer establishes by clear and convincing | ||||||
| 19 | evidence that the adjustments are unreasonable; or | ||||||
| 20 | if the taxpayer and the Director agree in writing | ||||||
| 21 | to the application or use of an alternative method | ||||||
| 22 | of apportionment under Section 304(f). | ||||||
| 23 | Nothing in this subsection shall preclude the | ||||||
| 24 | Director from making any other adjustment | ||||||
| 25 | otherwise allowed under Section 404 of this Act | ||||||
| 26 | for any tax year beginning after the effective | ||||||
| |||||||
| |||||||
| 1 | date of this amendment provided such adjustment is | ||||||
| 2 | made pursuant to regulation adopted by the | ||||||
| 3 | Department and such regulations provide methods | ||||||
| 4 | and standards by which the Department will utilize | ||||||
| 5 | its authority under Section 404 of this Act; | ||||||
| 6 | (G-13) An amount equal to the amount of intangible | ||||||
| 7 | expenses and costs otherwise allowed as a deduction in | ||||||
| 8 | computing base income, and that were paid, accrued, or | ||||||
| 9 | incurred, directly or indirectly, (i) for taxable | ||||||
| 10 | years ending on or after December 31, 2004, to a | ||||||
| 11 | foreign person who would be a member of the same | ||||||
| 12 | unitary business group but for the fact that the | ||||||
| 13 | foreign person's business activity outside the United | ||||||
| 14 | States is 80% or more of that person's total business | ||||||
| 15 | activity and (ii) for taxable years ending on or after | ||||||
| 16 | December 31, 2008, to a person who would be a member of | ||||||
| 17 | the same unitary business group but for the fact that | ||||||
| 18 | the person is prohibited under Section 1501(a)(27) | ||||||
| 19 | from being included in the unitary business group | ||||||
| 20 | because he or she is ordinarily required to apportion | ||||||
| 21 | business income under different subsections of Section | ||||||
| 22 | 304. The addition modification required by this | ||||||
| 23 | subparagraph shall be reduced to the extent that | ||||||
| 24 | dividends were included in base income of the unitary | ||||||
| 25 | group for the same taxable year and received by the | ||||||
| 26 | taxpayer or by a member of the taxpayer's unitary | ||||||
| |||||||
| |||||||
| 1 | business group (including amounts included in gross | ||||||
| 2 | income pursuant to Sections 951 through 964 of the | ||||||
| 3 | Internal Revenue Code and amounts included in gross | ||||||
| 4 | income under Section 78 of the Internal Revenue Code) | ||||||
| 5 | with respect to the stock of the same person to whom | ||||||
| 6 | the intangible expenses and costs were directly or | ||||||
| 7 | indirectly paid, incurred, or accrued. The preceding | ||||||
| 8 | sentence shall not apply to the extent that the same | ||||||
| 9 | dividends caused a reduction to the addition | ||||||
| 10 | modification required under Section 203(c)(2)(G-12) of | ||||||
| 11 | this Act. As used in this subparagraph, the term | ||||||
| 12 | "intangible expenses and costs" includes: (1) | ||||||
| 13 | expenses, losses, and costs for or related to the | ||||||
| 14 | direct or indirect acquisition, use, maintenance or | ||||||
| 15 | management, ownership, sale, exchange, or any other | ||||||
| 16 | disposition of intangible property; (2) losses | ||||||
| 17 | incurred, directly or indirectly, from factoring | ||||||
| 18 | transactions or discounting transactions; (3) royalty, | ||||||
| 19 | patent, technical, and copyright fees; (4) licensing | ||||||
| 20 | fees; and (5) other similar expenses and costs. For | ||||||
| 21 | purposes of this subparagraph, "intangible property" | ||||||
| 22 | includes patents, patent applications, trade names, | ||||||
| 23 | trademarks, service marks, copyrights, mask works, | ||||||
| 24 | trade secrets, and similar types of intangible assets. | ||||||
| 25 | This paragraph shall not apply to the following: | ||||||
| 26 | (i) any item of intangible expenses or costs | ||||||
| |||||||
| |||||||
| 1 | paid, accrued, or incurred, directly or | ||||||
| 2 | indirectly, from a transaction with a person who | ||||||
| 3 | is subject in a foreign country or state, other | ||||||
| 4 | than a state which requires mandatory unitary | ||||||
| 5 | reporting, to a tax on or measured by net income | ||||||
| 6 | with respect to such item; or | ||||||
| 7 | (ii) any item of intangible expense or cost | ||||||
| 8 | paid, accrued, or incurred, directly or | ||||||
| 9 | indirectly, if the taxpayer can establish, based | ||||||
| 10 | on a preponderance of the evidence, both of the | ||||||
| 11 | following: | ||||||
| 12 | (a) the person during the same taxable | ||||||
| 13 | year paid, accrued, or incurred, the | ||||||
| 14 | intangible expense or cost to a person that is | ||||||
| 15 | not a related member, and | ||||||
| 16 | (b) the transaction giving rise to the | ||||||
| 17 | intangible expense or cost between the | ||||||
| 18 | taxpayer and the person did not have as a | ||||||
| 19 | principal purpose the avoidance of Illinois | ||||||
| 20 | income tax, and is paid pursuant to a contract | ||||||
| 21 | or agreement that reflects arm's-length terms; | ||||||
| 22 | or | ||||||
| 23 | (iii) any item of intangible expense or cost | ||||||
| 24 | paid, accrued, or incurred, directly or | ||||||
| 25 | indirectly, from a transaction with a person if | ||||||
| 26 | the taxpayer establishes by clear and convincing | ||||||
| |||||||
| |||||||
| 1 | evidence, that the adjustments are unreasonable; | ||||||
| 2 | or if the taxpayer and the Director agree in | ||||||
| 3 | writing to the application or use of an | ||||||
| 4 | alternative method of apportionment under Section | ||||||
| 5 | 304(f); | ||||||
| 6 | Nothing in this subsection shall preclude the | ||||||
| 7 | Director from making any other adjustment | ||||||
| 8 | otherwise allowed under Section 404 of this Act | ||||||
| 9 | for any tax year beginning after the effective | ||||||
| 10 | date of this amendment provided such adjustment is | ||||||
| 11 | made pursuant to regulation adopted by the | ||||||
| 12 | Department and such regulations provide methods | ||||||
| 13 | and standards by which the Department will utilize | ||||||
| 14 | its authority under Section 404 of this Act; | ||||||
| 15 | (G-14) For taxable years ending on or after | ||||||
| 16 | December 31, 2008, an amount equal to the amount of | ||||||
| 17 | insurance premium expenses and costs otherwise allowed | ||||||
| 18 | as a deduction in computing base income, and that were | ||||||
| 19 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 20 | a person who would be a member of the same unitary | ||||||
| 21 | business group but for the fact that the person is | ||||||
| 22 | prohibited under Section 1501(a)(27) from being | ||||||
| 23 | included in the unitary business group because he or | ||||||
| 24 | she is ordinarily required to apportion business | ||||||
| 25 | income under different subsections of Section 304. The | ||||||
| 26 | addition modification required by this subparagraph | ||||||
| |||||||
| |||||||
| 1 | shall be reduced to the extent that dividends were | ||||||
| 2 | included in base income of the unitary group for the | ||||||
| 3 | same taxable year and received by the taxpayer or by a | ||||||
| 4 | member of the taxpayer's unitary business group | ||||||
| 5 | (including amounts included in gross income under | ||||||
| 6 | Sections 951 through 964 of the Internal Revenue Code | ||||||
| 7 | and amounts included in gross income under Section 78 | ||||||
| 8 | of the Internal Revenue Code) with respect to the | ||||||
| 9 | stock of the same person to whom the premiums and costs | ||||||
| 10 | were directly or indirectly paid, incurred, or | ||||||
| 11 | accrued. The preceding sentence does not apply to the | ||||||
| 12 | extent that the same dividends caused a reduction to | ||||||
| 13 | the addition modification required under Section | ||||||
| 14 | 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this | ||||||
| 15 | Act; | ||||||
| 16 | (G-15) An amount equal to the credit allowable to | ||||||
| 17 | the taxpayer under Section 218(a) of this Act, | ||||||
| 18 | determined without regard to Section 218(c) of this | ||||||
| 19 | Act; | ||||||
| 20 | (G-16) For taxable years ending on or after | ||||||
| 21 | December 31, 2017, an amount equal to the deduction | ||||||
| 22 | allowed under Section 199 of the Internal Revenue Code | ||||||
| 23 | for the taxable year; | ||||||
| 24 | (G-17) the amount that is claimed as a federal | ||||||
| 25 | deduction when computing the taxpayer's federal | ||||||
| 26 | taxable income for the taxable year and that is | ||||||
| |||||||
| |||||||
| 1 | attributable to an endowment gift for which the | ||||||
| 2 | taxpayer receives a credit under the Illinois Gives | ||||||
| 3 | Tax Credit Act; | ||||||
| 4 | and by deducting from the total so obtained the sum of the | ||||||
| 5 | following amounts: | ||||||
| 6 | (H) An amount equal to all amounts included in | ||||||
| 7 | such total pursuant to the provisions of Sections | ||||||
| 8 | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 | ||||||
| 9 | of the Internal Revenue Code or included in such total | ||||||
| 10 | as distributions under the provisions of any | ||||||
| 11 | retirement or disability plan for employees of any | ||||||
| 12 | governmental agency or unit, or retirement payments to | ||||||
| 13 | retired partners, which payments are excluded in | ||||||
| 14 | computing net earnings from self employment by Section | ||||||
| 15 | 1402 of the Internal Revenue Code and regulations | ||||||
| 16 | adopted pursuant thereto; | ||||||
| 17 | (I) The valuation limitation amount; | ||||||
| 18 | (J) An amount equal to the amount of any tax | ||||||
| 19 | imposed by this Act which was refunded to the taxpayer | ||||||
| 20 | and included in such total for the taxable year; | ||||||
| 21 | (K) An amount equal to all amounts included in | ||||||
| 22 | taxable income as modified by subparagraphs (A), (B), | ||||||
| 23 | (C), (D), (E), (F) and (G) which are exempt from | ||||||
| 24 | taxation by this State either by reason of its | ||||||
| 25 | statutes or Constitution or by reason of the | ||||||
| 26 | Constitution, treaties or statutes of the United | ||||||
| |||||||
| |||||||
| 1 | States; provided that, in the case of any statute of | ||||||
| 2 | this State that exempts income derived from bonds or | ||||||
| 3 | other obligations from the tax imposed under this Act, | ||||||
| 4 | the amount exempted shall be the interest net of bond | ||||||
| 5 | premium amortization; | ||||||
| 6 | (L) With the exception of any amounts subtracted | ||||||
| 7 | under subparagraph (K), an amount equal to the sum of | ||||||
| 8 | all amounts disallowed as deductions by (i) Sections | ||||||
| 9 | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||||||
| 10 | and all amounts of expenses allocable to interest and | ||||||
| 11 | disallowed as deductions by Section 265(a)(1) of the | ||||||
| 12 | Internal Revenue Code; and (ii) for taxable years | ||||||
| 13 | ending on or after August 13, 1999, Sections | ||||||
| 14 | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||||||
| 15 | Internal Revenue Code, plus, (iii) for taxable years | ||||||
| 16 | ending on or after December 31, 2011, Section | ||||||
| 17 | 45G(e)(3) of the Internal Revenue Code and, for | ||||||
| 18 | taxable years ending on or after December 31, 2008, | ||||||
| 19 | any amount included in gross income under Section 87 | ||||||
| 20 | of the Internal Revenue Code; the provisions of this | ||||||
| 21 | subparagraph are exempt from the provisions of Section | ||||||
| 22 | 250; | ||||||
| 23 | (M) An amount equal to those dividends included in | ||||||
| 24 | such total which were paid by a corporation which | ||||||
| 25 | conducts business operations in a River Edge | ||||||
| 26 | Redevelopment Zone or zones created under the River | ||||||
| |||||||
| |||||||
| 1 | Edge Redevelopment Zone Act and conducts substantially | ||||||
| 2 | all of its operations in a River Edge Redevelopment | ||||||
| 3 | Zone or zones. This subparagraph (M) is exempt from | ||||||
| 4 | the provisions of Section 250; | ||||||
| 5 | (N) An amount equal to any contribution made to a | ||||||
| 6 | job training project established pursuant to the Tax | ||||||
| 7 | Increment Allocation Redevelopment Act; | ||||||
| 8 | (O) An amount equal to those dividends included in | ||||||
| 9 | such total that were paid by a corporation that | ||||||
| 10 | conducts business operations in a federally designated | ||||||
| 11 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
| 12 | a High Impact Business located in Illinois; provided | ||||||
| 13 | that dividends eligible for the deduction provided in | ||||||
| 14 | subparagraph (M) of paragraph (2) of this subsection | ||||||
| 15 | shall not be eligible for the deduction provided under | ||||||
| 16 | this subparagraph (O); | ||||||
| 17 | (P) An amount equal to the amount of the deduction | ||||||
| 18 | used to compute the federal income tax credit for | ||||||
| 19 | restoration of substantial amounts held under claim of | ||||||
| 20 | right for the taxable year pursuant to Section 1341 of | ||||||
| 21 | the Internal Revenue Code; | ||||||
| 22 | (Q) For taxable year 1999 and thereafter, an | ||||||
| 23 | amount equal to the amount of any (i) distributions, | ||||||
| 24 | to the extent includible in gross income for federal | ||||||
| 25 | income tax purposes, made to the taxpayer because of | ||||||
| 26 | his or her status as a victim of persecution for racial | ||||||
| |||||||
| |||||||
| 1 | or religious reasons by Nazi Germany or any other Axis | ||||||
| 2 | regime or as an heir of the victim and (ii) items of | ||||||
| 3 | income, to the extent includible in gross income for | ||||||
| 4 | federal income tax purposes, attributable to, derived | ||||||
| 5 | from or in any way related to assets stolen from, | ||||||
| 6 | hidden from, or otherwise lost to a victim of | ||||||
| 7 | persecution for racial or religious reasons by Nazi | ||||||
| 8 | Germany or any other Axis regime immediately prior to, | ||||||
| 9 | during, and immediately after World War II, including, | ||||||
| 10 | but not limited to, interest on the proceeds | ||||||
| 11 | receivable as insurance under policies issued to a | ||||||
| 12 | victim of persecution for racial or religious reasons | ||||||
| 13 | by Nazi Germany or any other Axis regime by European | ||||||
| 14 | insurance companies immediately prior to and during | ||||||
| 15 | World War II; provided, however, this subtraction from | ||||||
| 16 | federal adjusted gross income does not apply to assets | ||||||
| 17 | acquired with such assets or with the proceeds from | ||||||
| 18 | the sale of such assets; provided, further, this | ||||||
| 19 | paragraph shall only apply to a taxpayer who was the | ||||||
| 20 | first recipient of such assets after their recovery | ||||||
| 21 | and who is a victim of persecution for racial or | ||||||
| 22 | religious reasons by Nazi Germany or any other Axis | ||||||
| 23 | regime or as an heir of the victim. The amount of and | ||||||
| 24 | the eligibility for any public assistance, benefit, or | ||||||
| 25 | similar entitlement is not affected by the inclusion | ||||||
| 26 | of items (i) and (ii) of this paragraph in gross income | ||||||
| |||||||
| |||||||
| 1 | for federal income tax purposes. This paragraph is | ||||||
| 2 | exempt from the provisions of Section 250; | ||||||
| 3 | (R) For taxable years 2001 and thereafter, for the | ||||||
| 4 | taxable year in which the bonus depreciation deduction | ||||||
| 5 | is taken on the taxpayer's federal income tax return | ||||||
| 6 | under subsection (k) of Section 168 of the Internal | ||||||
| 7 | Revenue Code and for each applicable taxable year | ||||||
| 8 | thereafter, an amount equal to "x", where: | ||||||
| 9 | (1) "y" equals the amount of the depreciation | ||||||
| 10 | deduction taken for the taxable year on the | ||||||
| 11 | taxpayer's federal income tax return on property | ||||||
| 12 | for which the bonus depreciation deduction was | ||||||
| 13 | taken in any year under subsection (k) of Section | ||||||
| 14 | 168 of the Internal Revenue Code, but not | ||||||
| 15 | including the bonus depreciation deduction; | ||||||
| 16 | (2) for taxable years ending on or before | ||||||
| 17 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
| 18 | and then divided by 70 (or "y" multiplied by | ||||||
| 19 | 0.429); and | ||||||
| 20 | (3) for taxable years ending after December | ||||||
| 21 | 31, 2005: | ||||||
| 22 | (i) for property on which a bonus | ||||||
| 23 | depreciation deduction of 30% of the adjusted | ||||||
| 24 | basis was taken, "x" equals "y" multiplied by | ||||||
| 25 | 30 and then divided by 70 (or "y" multiplied | ||||||
| 26 | by 0.429); | ||||||
| |||||||
| |||||||
| 1 | (ii) for property on which a bonus | ||||||
| 2 | depreciation deduction of 50% of the adjusted | ||||||
| 3 | basis was taken, "x" equals "y" multiplied by | ||||||
| 4 | 1.0; | ||||||
| 5 | (iii) for property on which a bonus | ||||||
| 6 | depreciation deduction of 100% of the adjusted | ||||||
| 7 | basis was taken in a taxable year ending on or | ||||||
| 8 | after December 31, 2021, "x" equals the | ||||||
| 9 | depreciation deduction that would be allowed | ||||||
| 10 | on that property if the taxpayer had made the | ||||||
| 11 | election under Section 168(k)(7) of the | ||||||
| 12 | Internal Revenue Code to not claim bonus | ||||||
| 13 | depreciation on that property; and | ||||||
| 14 | (iv) for property on which a bonus | ||||||
| 15 | depreciation deduction of a percentage other | ||||||
| 16 | than 30%, 50% or 100% of the adjusted basis | ||||||
| 17 | was taken in a taxable year ending on or after | ||||||
| 18 | December 31, 2021, "x" equals "y" multiplied | ||||||
| 19 | by 100 times the percentage bonus depreciation | ||||||
| 20 | on the property (that is, 100(bonus%)) and | ||||||
| 21 | then divided by 100 times 1 minus the | ||||||
| 22 | percentage bonus depreciation on the property | ||||||
| 23 | (that is, 100(1-bonus%)). | ||||||
| 24 | The aggregate amount deducted under this | ||||||
| 25 | subparagraph in all taxable years for any one piece of | ||||||
| 26 | property may not exceed the amount of the bonus | ||||||
| |||||||
| |||||||
| 1 | depreciation deduction taken on that property on the | ||||||
| 2 | taxpayer's federal income tax return under subsection | ||||||
| 3 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
| 4 | subparagraph (R) is exempt from the provisions of | ||||||
| 5 | Section 250; | ||||||
| 6 | (S) If the taxpayer sells, transfers, abandons, or | ||||||
| 7 | otherwise disposes of property 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 | If the taxpayer continues to own property through | ||||||
| 12 | the last day of the last tax year for which a | ||||||
| 13 | subtraction is allowed with respect to that property | ||||||
| 14 | under subparagraph (R) and for which the taxpayer was | ||||||
| 15 | required in any taxable year to make an addition | ||||||
| 16 | modification under subparagraph (G-10), then an amount | ||||||
| 17 | equal to that addition modification. | ||||||
| 18 | The taxpayer is allowed to take the deduction | ||||||
| 19 | under this subparagraph only once with respect to any | ||||||
| 20 | one piece of property. | ||||||
| 21 | This subparagraph (S) is exempt from the | ||||||
| 22 | provisions of Section 250; | ||||||
| 23 | (T) The amount of (i) any interest income (net of | ||||||
| 24 | the deductions allocable thereto) taken into account | ||||||
| 25 | for the taxable year with respect to a transaction | ||||||
| 26 | with a taxpayer that is required to make an addition | ||||||
| |||||||
| |||||||
| 1 | modification with respect to such transaction under | ||||||
| 2 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
| 3 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
| 4 | the amount of such addition modification and (ii) any | ||||||
| 5 | income from intangible property (net of the deductions | ||||||
| 6 | allocable thereto) taken into account for the taxable | ||||||
| 7 | year with respect to a transaction with a taxpayer | ||||||
| 8 | that is required to make an addition modification with | ||||||
| 9 | respect to such transaction under Section | ||||||
| 10 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
| 11 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
| 12 | addition modification. This subparagraph (T) is exempt | ||||||
| 13 | from the provisions of Section 250; | ||||||
| 14 | (U) An amount equal to the interest income taken | ||||||
| 15 | into account for the taxable year (net of the | ||||||
| 16 | deductions allocable thereto) with respect to | ||||||
| 17 | transactions with (i) a foreign person who would be a | ||||||
| 18 | member of the taxpayer's unitary business group but | ||||||
| 19 | for the fact the foreign person's business activity | ||||||
| 20 | outside the United States is 80% or more of that | ||||||
| 21 | person's total business activity and (ii) for taxable | ||||||
| 22 | years ending on or after December 31, 2008, to a person | ||||||
| 23 | who would be a member of the same unitary business | ||||||
| 24 | group but for the fact that the person is prohibited | ||||||
| 25 | under Section 1501(a)(27) from being included in the | ||||||
| 26 | unitary business group because he or she is ordinarily | ||||||
| |||||||
| |||||||
| 1 | required to apportion business income under different | ||||||
| 2 | subsections of Section 304, but not to exceed the | ||||||
| 3 | addition modification required to be made for the same | ||||||
| 4 | taxable year under Section 203(c)(2)(G-12) for | ||||||
| 5 | interest paid, accrued, or incurred, directly or | ||||||
| 6 | indirectly, to the same person. This subparagraph (U) | ||||||
| 7 | is exempt from the provisions of Section 250; | ||||||
| 8 | (V) An amount equal to the income from intangible | ||||||
| 9 | property taken into account for the taxable year (net | ||||||
| 10 | of the deductions allocable thereto) with respect to | ||||||
| 11 | transactions with (i) a foreign person who would be a | ||||||
| 12 | member of the taxpayer's unitary business group but | ||||||
| 13 | for the fact that the foreign person's business | ||||||
| 14 | activity outside the United States is 80% or more of | ||||||
| 15 | that person's total business activity and (ii) for | ||||||
| 16 | taxable years ending on or after December 31, 2008, 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, but | ||||||
| 23 | not to exceed the addition modification required to be | ||||||
| 24 | made for the same taxable year under Section | ||||||
| 25 | 203(c)(2)(G-13) for intangible expenses and costs | ||||||
| 26 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| |||||||
| |||||||
| 1 | the same foreign person. This subparagraph (V) is | ||||||
| 2 | exempt from the provisions of Section 250; | ||||||
| 3 | (W) in the case of an estate, an amount equal to | ||||||
| 4 | all amounts included in such total pursuant to the | ||||||
| 5 | provisions of Section 111 of the Internal Revenue Code | ||||||
| 6 | as a recovery of items previously deducted by the | ||||||
| 7 | decedent from adjusted gross income in the computation | ||||||
| 8 | of taxable income. This subparagraph (W) is exempt | ||||||
| 9 | from Section 250; | ||||||
| 10 | (X) an amount equal to the refund included in such | ||||||
| 11 | total of any tax deducted for federal income tax | ||||||
| 12 | purposes, to the extent that deduction was added back | ||||||
| 13 | under subparagraph (F). This subparagraph (X) is | ||||||
| 14 | exempt from the provisions of Section 250; | ||||||
| 15 | (Y) For taxable years ending on or after December | ||||||
| 16 | 31, 2011, in the case of a taxpayer who was required to | ||||||
| 17 | add back any insurance premiums under Section | ||||||
| 18 | 203(c)(2)(G-14), such taxpayer may elect to subtract | ||||||
| 19 | that part of a reimbursement received from the | ||||||
| 20 | insurance company equal to the amount of the expense | ||||||
| 21 | or loss (including expenses incurred by the insurance | ||||||
| 22 | company) that would have been taken into account as a | ||||||
| 23 | deduction for federal income tax purposes if the | ||||||
| 24 | expense or loss had been uninsured. If a taxpayer | ||||||
| 25 | makes the election provided for by this subparagraph | ||||||
| 26 | (Y), the insurer to which the premiums were paid must | ||||||
| |||||||
| |||||||
| 1 | add back to income the amount subtracted by the | ||||||
| 2 | taxpayer pursuant to this subparagraph (Y). This | ||||||
| 3 | subparagraph (Y) is exempt from the provisions of | ||||||
| 4 | Section 250; | ||||||
| 5 | (Z) For taxable years beginning after December 31, | ||||||
| 6 | 2018 and before January 1, 2026, the amount of excess | ||||||
| 7 | business loss of the taxpayer disallowed as a | ||||||
| 8 | deduction by Section 461(l)(1)(B) of the Internal | ||||||
| 9 | Revenue Code; and | ||||||
| 10 | (AA) For taxable years beginning on or after | ||||||
| 11 | January 1, 2023, for any cannabis establishment | ||||||
| 12 | operating in this State and licensed under the | ||||||
| 13 | Cannabis Regulation and Tax Act or any cannabis | ||||||
| 14 | cultivation center or medical cannabis dispensing | ||||||
| 15 | organization operating in this State and licensed | ||||||
| 16 | under the Compassionate Use of Medical Cannabis | ||||||
| 17 | Program Act, an amount equal to the deductions that | ||||||
| 18 | were disallowed under Section 280E of the Internal | ||||||
| 19 | Revenue Code for the taxable year and that would not be | ||||||
| 20 | added back under this subsection. The provisions of | ||||||
| 21 | this subparagraph (AA) are exempt from the provisions | ||||||
| 22 | of Section 250. | ||||||
| 23 | (3) Limitation. The amount of any modification | ||||||
| 24 | otherwise required under this subsection shall, under | ||||||
| 25 | regulations prescribed by the Department, be adjusted by | ||||||
| 26 | any amounts included therein which were properly paid, | ||||||
| |||||||
| |||||||
| 1 | credited, or required to be distributed, or permanently | ||||||
| 2 | set aside for charitable purposes pursuant to Internal | ||||||
| 3 | Revenue Code Section 642(c) during the taxable year.
| ||||||
| 4 | (d) Partnerships. | ||||||
| 5 | (1) In general. In the case of a partnership, base | ||||||
| 6 | income means an amount equal to the taxpayer's taxable | ||||||
| 7 | income for the taxable year as modified by paragraph (2). | ||||||
| 8 | (2) Modifications. The taxable income referred to in | ||||||
| 9 | paragraph (1) shall be modified by adding thereto the sum | ||||||
| 10 | of the following amounts: | ||||||
| 11 | (A) An amount equal to all amounts paid or accrued | ||||||
| 12 | to the taxpayer as interest or dividends during the | ||||||
| 13 | taxable year to the extent excluded from gross income | ||||||
| 14 | in the computation of taxable income; | ||||||
| 15 | (B) An amount equal to the amount of tax imposed by | ||||||
| 16 | this Act to the extent deducted from gross income for | ||||||
| 17 | the taxable year; | ||||||
| 18 | (C) The amount of deductions allowed to the | ||||||
| 19 | partnership pursuant to Section 707 (c) of the | ||||||
| 20 | Internal Revenue Code in calculating its taxable | ||||||
| 21 | income; | ||||||
| 22 | (D) An amount equal to the amount of the capital | ||||||
| 23 | gain deduction allowable under the Internal Revenue | ||||||
| 24 | Code, to the extent deducted from gross income in the | ||||||
| 25 | computation of taxable income; | ||||||
| |||||||
| |||||||
| 1 | (D-5) For taxable years 2001 and thereafter, an | ||||||
| 2 | amount equal to the bonus depreciation deduction taken | ||||||
| 3 | on the taxpayer's federal income tax return for the | ||||||
| 4 | taxable year under subsection (k) of Section 168 of | ||||||
| 5 | the Internal Revenue Code; | ||||||
| 6 | (D-6) If the taxpayer sells, transfers, abandons, | ||||||
| 7 | or otherwise disposes of property for which the | ||||||
| 8 | taxpayer was required in any taxable year to make an | ||||||
| 9 | addition modification under subparagraph (D-5), then | ||||||
| 10 | an amount equal to the aggregate amount of the | ||||||
| 11 | deductions taken in all taxable years under | ||||||
| 12 | subparagraph (O) with respect to that property. | ||||||
| 13 | If the taxpayer continues to own property through | ||||||
| 14 | the last day of the last tax year for which a | ||||||
| 15 | subtraction is allowed with respect to that property | ||||||
| 16 | under subparagraph (O) and for which the taxpayer was | ||||||
| 17 | allowed in any taxable year to make a subtraction | ||||||
| 18 | modification under subparagraph (O), then an amount | ||||||
| 19 | equal to that subtraction modification. | ||||||
| 20 | The taxpayer is required to make the addition | ||||||
| 21 | modification under this subparagraph only once with | ||||||
| 22 | respect to any one piece of property; | ||||||
| 23 | (D-7) An amount equal to the amount otherwise | ||||||
| 24 | allowed as a deduction in computing base income for | ||||||
| 25 | interest paid, accrued, or incurred, directly or | ||||||
| 26 | indirectly, (i) for taxable years ending on or after | ||||||
| |||||||
| |||||||
| 1 | December 31, 2004, to a foreign person who would be a | ||||||
| 2 | member of the same unitary business group but for the | ||||||
| 3 | fact the foreign person's business activity outside | ||||||
| 4 | the United States is 80% or more of the foreign | ||||||
| 5 | person's total business activity and (ii) for taxable | ||||||
| 6 | years ending on or after December 31, 2008, to a person | ||||||
| 7 | who would be a member of the same unitary business | ||||||
| 8 | group but for the fact that the person is prohibited | ||||||
| 9 | under Section 1501(a)(27) from being included in the | ||||||
| 10 | unitary business group because he or she is ordinarily | ||||||
| 11 | required to apportion business income under different | ||||||
| 12 | subsections of Section 304. The addition modification | ||||||
| 13 | required by this subparagraph shall be reduced to the | ||||||
| 14 | extent that dividends were included in base income of | ||||||
| 15 | the unitary group for the same taxable year and | ||||||
| 16 | received by the taxpayer or by a member of the | ||||||
| 17 | taxpayer's unitary business group (including amounts | ||||||
| 18 | included in gross income pursuant to Sections 951 | ||||||
| 19 | through 964 of the Internal Revenue Code and amounts | ||||||
| 20 | included in gross income under Section 78 of the | ||||||
| 21 | Internal Revenue Code) with respect to the stock of | ||||||
| 22 | the same person to whom the interest was paid, | ||||||
| 23 | accrued, or incurred. | ||||||
| 24 | This paragraph shall not apply to the following: | ||||||
| 25 | (i) an item of interest paid, accrued, or | ||||||
| 26 | incurred, directly or indirectly, to a person who | ||||||
| |||||||
| |||||||
| 1 | is subject in a foreign country or state, other | ||||||
| 2 | than a state which requires mandatory unitary | ||||||
| 3 | reporting, to a tax on or measured by net income | ||||||
| 4 | with respect to such interest; or | ||||||
| 5 | (ii) an item of interest paid, accrued, or | ||||||
| 6 | incurred, directly or indirectly, to a person if | ||||||
| 7 | the taxpayer can establish, based on a | ||||||
| 8 | preponderance of the evidence, both of the | ||||||
| 9 | following: | ||||||
| 10 | (a) the person, during the same taxable | ||||||
| 11 | year, paid, accrued, or incurred, the interest | ||||||
| 12 | to a person that is not a related member, and | ||||||
| 13 | (b) the transaction giving rise to the | ||||||
| 14 | interest expense between the taxpayer and the | ||||||
| 15 | person did not have as a principal purpose the | ||||||
| 16 | avoidance of Illinois income tax, and is paid | ||||||
| 17 | pursuant to a contract or agreement that | ||||||
| 18 | reflects an arm's-length interest rate and | ||||||
| 19 | terms; or | ||||||
| 20 | (iii) the taxpayer can establish, based on | ||||||
| 21 | clear and convincing evidence, that the interest | ||||||
| 22 | paid, accrued, or incurred relates to a contract | ||||||
| 23 | or agreement entered into at arm's-length rates | ||||||
| 24 | and terms and the principal purpose for the | ||||||
| 25 | payment is not federal or Illinois tax avoidance; | ||||||
| 26 | or | ||||||
| |||||||
| |||||||
| 1 | (iv) an item of interest paid, accrued, or | ||||||
| 2 | incurred, directly or indirectly, to a person if | ||||||
| 3 | the taxpayer establishes by clear and convincing | ||||||
| 4 | evidence that the adjustments are unreasonable; or | ||||||
| 5 | if the taxpayer and the Director agree in writing | ||||||
| 6 | to the application or use of an alternative method | ||||||
| 7 | of apportionment under Section 304(f). | ||||||
| 8 | Nothing in this subsection shall preclude the | ||||||
| 9 | Director from making any other adjustment | ||||||
| 10 | otherwise allowed under Section 404 of this Act | ||||||
| 11 | for any tax year beginning after the effective | ||||||
| 12 | date of this amendment provided such adjustment is | ||||||
| 13 | made pursuant to regulation adopted by the | ||||||
| 14 | Department and such regulations provide methods | ||||||
| 15 | and standards by which the Department will utilize | ||||||
| 16 | its authority under Section 404 of this Act; and | ||||||
| 17 | (D-8) An amount equal to the amount of intangible | ||||||
| 18 | expenses and costs otherwise allowed as a deduction in | ||||||
| 19 | computing base income, and that were paid, accrued, or | ||||||
| 20 | incurred, directly or indirectly, (i) for taxable | ||||||
| 21 | years ending on or after December 31, 2004, to a | ||||||
| 22 | foreign person who would be a member of the same | ||||||
| 23 | unitary business group but for the fact that the | ||||||
| 24 | foreign person's business activity outside the United | ||||||
| 25 | States is 80% or more of that person's total business | ||||||
| 26 | activity and (ii) for taxable years ending on or after | ||||||
| |||||||
| |||||||
| 1 | December 31, 2008, to a person who would be a member of | ||||||
| 2 | the same unitary business group but for the fact that | ||||||
| 3 | the person is prohibited under Section 1501(a)(27) | ||||||
| 4 | from being included in the unitary business group | ||||||
| 5 | because he or she is ordinarily required to apportion | ||||||
| 6 | business income under different subsections of Section | ||||||
| 7 | 304. The addition modification required by this | ||||||
| 8 | subparagraph shall be reduced to the extent that | ||||||
| 9 | dividends were included in base income of the unitary | ||||||
| 10 | group for the same taxable year and received by the | ||||||
| 11 | taxpayer or by a member of the taxpayer's unitary | ||||||
| 12 | business group (including amounts included in gross | ||||||
| 13 | income pursuant to Sections 951 through 964 of the | ||||||
| 14 | Internal Revenue Code and amounts included in gross | ||||||
| 15 | income under Section 78 of the Internal Revenue Code) | ||||||
| 16 | with respect to the stock of the same person to whom | ||||||
| 17 | the intangible expenses and costs were directly or | ||||||
| 18 | indirectly paid, incurred or accrued. The preceding | ||||||
| 19 | sentence shall not apply to the extent that the same | ||||||
| 20 | dividends caused a reduction to the addition | ||||||
| 21 | modification required under Section 203(d)(2)(D-7) of | ||||||
| 22 | this Act. As used in this subparagraph, the term | ||||||
| 23 | "intangible expenses and costs" includes (1) expenses, | ||||||
| 24 | losses, and costs for, or related to, the direct or | ||||||
| 25 | indirect acquisition, use, maintenance or management, | ||||||
| 26 | ownership, sale, exchange, or any other disposition of | ||||||
| |||||||
| |||||||
| 1 | intangible property; (2) losses incurred, directly or | ||||||
| 2 | indirectly, from factoring transactions or discounting | ||||||
| 3 | transactions; (3) royalty, patent, technical, and | ||||||
| 4 | copyright fees; (4) licensing fees; and (5) other | ||||||
| 5 | similar expenses and costs. For purposes of this | ||||||
| 6 | subparagraph, "intangible property" includes patents, | ||||||
| 7 | patent applications, trade names, trademarks, service | ||||||
| 8 | marks, copyrights, mask works, trade secrets, and | ||||||
| 9 | similar types of intangible assets; | ||||||
| 10 | This paragraph shall not apply to the following: | ||||||
| 11 | (i) any item of intangible expenses or costs | ||||||
| 12 | paid, accrued, or incurred, directly or | ||||||
| 13 | indirectly, from a transaction with a person who | ||||||
| 14 | is subject in a foreign country or state, other | ||||||
| 15 | than a state which requires mandatory unitary | ||||||
| 16 | reporting, to a tax on or measured by net income | ||||||
| 17 | with respect to such item; or | ||||||
| 18 | (ii) any item of intangible expense or cost | ||||||
| 19 | paid, accrued, or incurred, directly or | ||||||
| 20 | indirectly, if the taxpayer can establish, based | ||||||
| 21 | on a preponderance of the evidence, both of the | ||||||
| 22 | following: | ||||||
| 23 | (a) the person during the same taxable | ||||||
| 24 | year paid, accrued, or incurred, the | ||||||
| 25 | intangible expense or cost to a person that is | ||||||
| 26 | not a related member, and | ||||||
| |||||||
| |||||||
| 1 | (b) the transaction giving rise to the | ||||||
| 2 | intangible expense or cost between the | ||||||
| 3 | taxpayer and the person did not have as a | ||||||
| 4 | principal purpose the avoidance of Illinois | ||||||
| 5 | income tax, and is paid pursuant to a contract | ||||||
| 6 | or agreement that reflects arm's-length terms; | ||||||
| 7 | or | ||||||
| 8 | (iii) any item of intangible expense or cost | ||||||
| 9 | paid, accrued, or incurred, directly or | ||||||
| 10 | indirectly, from a transaction with a person if | ||||||
| 11 | the taxpayer establishes by clear and convincing | ||||||
| 12 | evidence, that the adjustments are unreasonable; | ||||||
| 13 | or if the taxpayer and the Director agree in | ||||||
| 14 | writing to the application or use of an | ||||||
| 15 | alternative method of apportionment under Section | ||||||
| 16 | 304(f); | ||||||
| 17 | Nothing in this subsection shall preclude the | ||||||
| 18 | Director from making any other adjustment | ||||||
| 19 | otherwise allowed under Section 404 of this Act | ||||||
| 20 | for any tax year beginning after the effective | ||||||
| 21 | date of this amendment provided such adjustment is | ||||||
| 22 | made pursuant to regulation adopted by the | ||||||
| 23 | Department and such regulations provide methods | ||||||
| 24 | and standards by which the Department will utilize | ||||||
| 25 | its authority under Section 404 of this Act; | ||||||
| 26 | (D-9) For taxable years ending on or after | ||||||
| |||||||
| |||||||
| 1 | December 31, 2008, an amount equal to the amount of | ||||||
| 2 | insurance premium expenses and costs otherwise allowed | ||||||
| 3 | as a deduction in computing base income, and that were | ||||||
| 4 | paid, accrued, or incurred, directly or indirectly, to | ||||||
| 5 | a person who would be a member of the same unitary | ||||||
| 6 | business group but for the fact that the person is | ||||||
| 7 | prohibited under Section 1501(a)(27) from being | ||||||
| 8 | included in the unitary business group because he or | ||||||
| 9 | she is ordinarily required to apportion business | ||||||
| 10 | income under different subsections of Section 304. The | ||||||
| 11 | addition modification required by this subparagraph | ||||||
| 12 | shall be reduced to the extent that dividends were | ||||||
| 13 | included in base income of the unitary group for the | ||||||
| 14 | same taxable year and received by the taxpayer or by a | ||||||
| 15 | member of the taxpayer's unitary business group | ||||||
| 16 | (including amounts included in gross income under | ||||||
| 17 | Sections 951 through 964 of the Internal Revenue Code | ||||||
| 18 | and amounts included in gross income under Section 78 | ||||||
| 19 | of the Internal Revenue Code) with respect to the | ||||||
| 20 | stock of the same person to whom the premiums and costs | ||||||
| 21 | were directly or indirectly paid, incurred, or | ||||||
| 22 | accrued. The preceding sentence does not apply to the | ||||||
| 23 | extent that the same dividends caused a reduction to | ||||||
| 24 | the addition modification required under Section | ||||||
| 25 | 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; | ||||||
| 26 | (D-10) An amount equal to the credit allowable to | ||||||
| |||||||
| |||||||
| 1 | the taxpayer under Section 218(a) of this Act, | ||||||
| 2 | determined without regard to Section 218(c) of this | ||||||
| 3 | Act; | ||||||
| 4 | (D-11) For taxable years ending on or after | ||||||
| 5 | December 31, 2017, an amount equal to the deduction | ||||||
| 6 | allowed under Section 199 of the Internal Revenue Code | ||||||
| 7 | for the taxable year; | ||||||
| 8 | (D-12) the amount that is claimed as a federal | ||||||
| 9 | deduction when computing the taxpayer's federal | ||||||
| 10 | taxable income for the taxable year and that is | ||||||
| 11 | attributable to an endowment gift for which the | ||||||
| 12 | taxpayer receives a credit under the Illinois Gives | ||||||
| 13 | Tax Credit Act; | ||||||
| 14 | and by deducting from the total so obtained the following | ||||||
| 15 | amounts: | ||||||
| 16 | (E) The valuation limitation amount; | ||||||
| 17 | (F) An amount equal to the amount of any tax | ||||||
| 18 | imposed by this Act which was refunded to the taxpayer | ||||||
| 19 | and included in such total for the taxable year; | ||||||
| 20 | (G) An amount equal to all amounts included in | ||||||
| 21 | taxable income as modified by subparagraphs (A), (B), | ||||||
| 22 | (C) and (D) which are exempt from taxation by this | ||||||
| 23 | State either by reason of its statutes or Constitution | ||||||
| 24 | or by reason of the Constitution, treaties or statutes | ||||||
| 25 | of the United States; provided that, in the case of any | ||||||
| 26 | statute of this State that exempts income derived from | ||||||
| |||||||
| |||||||
| 1 | bonds or other obligations from the tax imposed under | ||||||
| 2 | this Act, the amount exempted shall be the interest | ||||||
| 3 | net of bond premium amortization; | ||||||
| 4 | (H) Any income of the partnership which | ||||||
| 5 | constitutes personal service income as defined in | ||||||
| 6 | Section 1348(b)(1) of the Internal Revenue Code (as in | ||||||
| 7 | effect December 31, 1981) or a reasonable allowance | ||||||
| 8 | for compensation paid or accrued for services rendered | ||||||
| 9 | by partners to the partnership, whichever is greater; | ||||||
| 10 | this subparagraph (H) is exempt from the provisions of | ||||||
| 11 | Section 250; | ||||||
| 12 | (I) An amount equal to all amounts of income | ||||||
| 13 | distributable to an entity subject to the Personal | ||||||
| 14 | Property Tax Replacement Income Tax imposed by | ||||||
| 15 | subsections (c) and (d) of Section 201 of this Act | ||||||
| 16 | including amounts distributable to organizations | ||||||
| 17 | exempt from federal income tax by reason of Section | ||||||
| 18 | 501(a) of the Internal Revenue Code; this subparagraph | ||||||
| 19 | (I) is exempt from the provisions of Section 250; | ||||||
| 20 | (J) With the exception of any amounts subtracted | ||||||
| 21 | under subparagraph (G), an amount equal to the sum of | ||||||
| 22 | all amounts disallowed as deductions by (i) Sections | ||||||
| 23 | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, | ||||||
| 24 | and all amounts of expenses allocable to interest and | ||||||
| 25 | disallowed as deductions by Section 265(a)(1) of the | ||||||
| 26 | Internal Revenue Code; and (ii) for taxable years | ||||||
| |||||||
| |||||||
| 1 | ending on or after August 13, 1999, Sections | ||||||
| 2 | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the | ||||||
| 3 | Internal Revenue Code, plus, (iii) for taxable years | ||||||
| 4 | ending on or after December 31, 2011, Section | ||||||
| 5 | 45G(e)(3) of the Internal Revenue Code and, for | ||||||
| 6 | taxable years ending on or after December 31, 2008, | ||||||
| 7 | any amount included in gross income under Section 87 | ||||||
| 8 | of the Internal Revenue Code; the provisions of this | ||||||
| 9 | subparagraph are exempt from the provisions of Section | ||||||
| 10 | 250; | ||||||
| 11 | (K) An amount equal to those dividends included in | ||||||
| 12 | such total which were paid by a corporation which | ||||||
| 13 | conducts business operations in a River Edge | ||||||
| 14 | Redevelopment Zone or zones created under the River | ||||||
| 15 | Edge Redevelopment Zone Act and conducts substantially | ||||||
| 16 | all of its operations from a River Edge Redevelopment | ||||||
| 17 | Zone or zones. This subparagraph (K) is exempt from | ||||||
| 18 | the provisions of Section 250; | ||||||
| 19 | (L) An amount equal to any contribution made to a | ||||||
| 20 | job training project established pursuant to the Real | ||||||
| 21 | Property Tax Increment Allocation Redevelopment Act; | ||||||
| 22 | (M) An amount equal to those dividends included in | ||||||
| 23 | such total that were paid by a corporation that | ||||||
| 24 | conducts business operations in a federally designated | ||||||
| 25 | Foreign Trade Zone or Sub-Zone and that is designated | ||||||
| 26 | a High Impact Business located in Illinois; provided | ||||||
| |||||||
| |||||||
| 1 | that dividends eligible for the deduction provided in | ||||||
| 2 | subparagraph (K) of paragraph (2) of this subsection | ||||||
| 3 | shall not be eligible for the deduction provided under | ||||||
| 4 | this subparagraph (M); | ||||||
| 5 | (N) An amount equal to the amount of the deduction | ||||||
| 6 | used to compute the federal income tax credit for | ||||||
| 7 | restoration of substantial amounts held under claim of | ||||||
| 8 | right for the taxable year pursuant to Section 1341 of | ||||||
| 9 | the Internal Revenue Code; | ||||||
| 10 | (O) For taxable years 2001 and thereafter, for the | ||||||
| 11 | taxable year in which the bonus depreciation deduction | ||||||
| 12 | is taken on the taxpayer's federal income tax return | ||||||
| 13 | under subsection (k) of Section 168 of the Internal | ||||||
| 14 | Revenue Code and for each applicable taxable year | ||||||
| 15 | thereafter, an amount equal to "x", where: | ||||||
| 16 | (1) "y" equals the amount of the depreciation | ||||||
| 17 | deduction taken for the taxable year on the | ||||||
| 18 | taxpayer's federal income tax return on property | ||||||
| 19 | for which the bonus depreciation deduction was | ||||||
| 20 | taken in any year under subsection (k) of Section | ||||||
| 21 | 168 of the Internal Revenue Code, but not | ||||||
| 22 | including the bonus depreciation deduction; | ||||||
| 23 | (2) for taxable years ending on or before | ||||||
| 24 | December 31, 2005, "x" equals "y" multiplied by 30 | ||||||
| 25 | and then divided by 70 (or "y" multiplied by | ||||||
| 26 | 0.429); and | ||||||
| |||||||
| |||||||
| 1 | (3) for taxable years ending after December | ||||||
| 2 | 31, 2005: | ||||||
| 3 | (i) for property on which a bonus | ||||||
| 4 | depreciation deduction of 30% of the adjusted | ||||||
| 5 | basis was taken, "x" equals "y" multiplied by | ||||||
| 6 | 30 and then divided by 70 (or "y" multiplied | ||||||
| 7 | by 0.429); | ||||||
| 8 | (ii) for property on which a bonus | ||||||
| 9 | depreciation deduction of 50% of the adjusted | ||||||
| 10 | basis was taken, "x" equals "y" multiplied by | ||||||
| 11 | 1.0; | ||||||
| 12 | (iii) for property on which a bonus | ||||||
| 13 | depreciation deduction of 100% of the adjusted | ||||||
| 14 | basis was taken in a taxable year ending on or | ||||||
| 15 | after December 31, 2021, "x" equals the | ||||||
| 16 | depreciation deduction that would be allowed | ||||||
| 17 | on that property if the taxpayer had made the | ||||||
| 18 | election under Section 168(k)(7) of the | ||||||
| 19 | Internal Revenue Code to not claim bonus | ||||||
| 20 | depreciation on that property; and | ||||||
| 21 | (iv) for property on which a bonus | ||||||
| 22 | depreciation deduction of a percentage other | ||||||
| 23 | than 30%, 50% or 100% of the adjusted basis | ||||||
| 24 | was taken in a taxable year ending on or after | ||||||
| 25 | December 31, 2021, "x" equals "y" multiplied | ||||||
| 26 | by 100 times the percentage bonus depreciation | ||||||
| |||||||
| |||||||
| 1 | on the property (that is, 100(bonus%)) and | ||||||
| 2 | then divided by 100 times 1 minus the | ||||||
| 3 | percentage bonus depreciation on the property | ||||||
| 4 | (that is, 100(1-bonus%)). | ||||||
| 5 | The aggregate amount deducted under this | ||||||
| 6 | subparagraph in all taxable years for any one piece of | ||||||
| 7 | property may not exceed the amount of the bonus | ||||||
| 8 | depreciation deduction taken on that property on the | ||||||
| 9 | taxpayer's federal income tax return under subsection | ||||||
| 10 | (k) of Section 168 of the Internal Revenue Code. This | ||||||
| 11 | subparagraph (O) is exempt from the provisions of | ||||||
| 12 | Section 250; | ||||||
| 13 | (P) If the taxpayer sells, transfers, abandons, or | ||||||
| 14 | otherwise disposes of property for which the taxpayer | ||||||
| 15 | was required in any taxable year to make an addition | ||||||
| 16 | modification under subparagraph (D-5), then an amount | ||||||
| 17 | equal to that addition modification. | ||||||
| 18 | If the taxpayer continues to own property through | ||||||
| 19 | the last day of the last tax year for which a | ||||||
| 20 | subtraction is allowed with respect to that property | ||||||
| 21 | under subparagraph (O) and for which the taxpayer was | ||||||
| 22 | required in any taxable year to make an addition | ||||||
| 23 | modification under subparagraph (D-5), then an amount | ||||||
| 24 | equal to that addition modification. | ||||||
| 25 | The taxpayer is allowed to take the deduction | ||||||
| 26 | under this subparagraph only once with respect to any | ||||||
| |||||||
| |||||||
| 1 | one piece of property. | ||||||
| 2 | This subparagraph (P) is exempt from the | ||||||
| 3 | provisions of Section 250; | ||||||
| 4 | (Q) The amount of (i) any interest income (net of | ||||||
| 5 | the deductions allocable thereto) taken into account | ||||||
| 6 | for the taxable year with respect to a transaction | ||||||
| 7 | with a taxpayer that is required to make an addition | ||||||
| 8 | modification with respect to such transaction under | ||||||
| 9 | Section 203(a)(2)(D-17), 203(b)(2)(E-12), | ||||||
| 10 | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed | ||||||
| 11 | the amount of such addition modification and (ii) any | ||||||
| 12 | income from intangible property (net of the deductions | ||||||
| 13 | allocable thereto) taken into account for the taxable | ||||||
| 14 | year with respect to a transaction with a taxpayer | ||||||
| 15 | that is required to make an addition modification with | ||||||
| 16 | respect to such transaction under Section | ||||||
| 17 | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or | ||||||
| 18 | 203(d)(2)(D-8), but not to exceed the amount of such | ||||||
| 19 | addition modification. This subparagraph (Q) is exempt | ||||||
| 20 | from Section 250; | ||||||
| 21 | (R) An amount equal to the interest income taken | ||||||
| 22 | into account for the taxable year (net of the | ||||||
| 23 | deductions allocable thereto) with respect to | ||||||
| 24 | transactions with (i) a foreign person who would be a | ||||||
| 25 | member of the taxpayer's unitary business group but | ||||||
| 26 | for the fact that the foreign person's business | ||||||
| |||||||
| |||||||
| 1 | activity outside the United States is 80% or more of | ||||||
| 2 | that person's total business activity and (ii) for | ||||||
| 3 | taxable years ending on or after December 31, 2008, to | ||||||
| 4 | a person who would be a member of the same unitary | ||||||
| 5 | business group but for the fact that the person is | ||||||
| 6 | prohibited under Section 1501(a)(27) from being | ||||||
| 7 | included in the unitary business group because he or | ||||||
| 8 | she is ordinarily required to apportion business | ||||||
| 9 | income under different subsections of Section 304, but | ||||||
| 10 | not to exceed the addition modification required to be | ||||||
| 11 | made for the same taxable year under Section | ||||||
| 12 | 203(d)(2)(D-7) for interest paid, accrued, or | ||||||
| 13 | incurred, directly or indirectly, to the same person. | ||||||
| 14 | This subparagraph (R) is exempt from Section 250; | ||||||
| 15 | (S) An amount equal to the income from intangible | ||||||
| 16 | property taken into account for the taxable year (net | ||||||
| 17 | of the deductions allocable thereto) with respect to | ||||||
| 18 | transactions with (i) a foreign person who would be a | ||||||
| 19 | member of the taxpayer's unitary business group but | ||||||
| 20 | for the fact that the foreign person's business | ||||||
| 21 | activity outside the United States is 80% or more of | ||||||
| 22 | that person's total business activity and (ii) for | ||||||
| 23 | taxable years ending on or after December 31, 2008, to | ||||||
| 24 | a person who would be a member of the same unitary | ||||||
| 25 | business group but for the fact that the person is | ||||||
| 26 | prohibited under Section 1501(a)(27) from being | ||||||
| |||||||
| |||||||
| 1 | included in the unitary business group because he or | ||||||
| 2 | she is ordinarily required to apportion business | ||||||
| 3 | income under different subsections of Section 304, but | ||||||
| 4 | not to exceed the addition modification required to be | ||||||
| 5 | made for the same taxable year under Section | ||||||
| 6 | 203(d)(2)(D-8) for intangible expenses and costs paid, | ||||||
| 7 | accrued, or incurred, directly or indirectly, to the | ||||||
| 8 | same person. This subparagraph (S) is exempt from | ||||||
| 9 | Section 250; | ||||||
| 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 | ||||||
| 16 | or 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 | ||||||
| 20 | makes the election provided for by this subparagraph | ||||||
| 21 | (T), the insurer to which the premiums were paid must | ||||||
| 22 | add back to income the amount subtracted by the | ||||||
| 23 | taxpayer pursuant to this subparagraph (T). This | ||||||
| 24 | subparagraph (T) is exempt from the provisions of | ||||||
| 25 | Section 250; and | ||||||
| 26 | (U) For taxable years beginning on or after | ||||||
| |||||||
| |||||||
| 1 | January 1, 2023, for any cannabis establishment | ||||||
| 2 | operating in this State and licensed under the | ||||||
| 3 | Cannabis Regulation and Tax Act or any cannabis | ||||||
| 4 | cultivation center or medical cannabis dispensing | ||||||
| 5 | organization operating in this State and licensed | ||||||
| 6 | under the Compassionate Use of Medical Cannabis | ||||||
| 7 | Program Act, an amount equal to the deductions that | ||||||
| 8 | were disallowed under Section 280E of the Internal | ||||||
| 9 | Revenue Code for the taxable year and that would not be | ||||||
| 10 | added back under this subsection. The provisions of | ||||||
| 11 | this subparagraph (U) are exempt from the provisions | ||||||
| 12 | of Section 250.
| ||||||
| 13 | (e) Gross income; adjusted gross income; taxable income. | ||||||
| 14 | (1) In general. Subject to the provisions of paragraph | ||||||
| 15 | (2) and subsection (b)(3), for purposes of this Section | ||||||
| 16 | and Section 803(e), a taxpayer's gross income, adjusted | ||||||
| 17 | gross income, or taxable income for the taxable year shall | ||||||
| 18 | mean the amount of gross income, adjusted gross income or | ||||||
| 19 | taxable income properly reportable for federal income tax | ||||||
| 20 | purposes for the taxable year under the provisions of the | ||||||
| 21 | Internal Revenue Code. Taxable income may be less than | ||||||
| 22 | zero. However, for taxable years ending on or after | ||||||
| 23 | December 31, 1986, net operating loss carryforwards from | ||||||
| 24 | taxable years ending prior to December 31, 1986, may not | ||||||
| 25 | exceed the sum of federal taxable income for the taxable | ||||||
| |||||||
| |||||||
| 1 | year before net operating loss deduction, plus the excess | ||||||
| 2 | of addition modifications over subtraction modifications | ||||||
| 3 | for the taxable year. For taxable years ending prior to | ||||||
| 4 | December 31, 1986, taxable income may never be an amount | ||||||
| 5 | in excess of the net operating loss for the taxable year as | ||||||
| 6 | defined in subsections (c) and (d) of Section 172 of the | ||||||
| 7 | Internal Revenue Code, provided that when taxable income | ||||||
| 8 | of a corporation (other than a Subchapter S corporation), | ||||||
| 9 | trust, or estate is less than zero and addition | ||||||
| 10 | modifications, other than those provided by subparagraph | ||||||
| 11 | (E) of paragraph (2) of subsection (b) for corporations or | ||||||
| 12 | subparagraph (E) of paragraph (2) of subsection (c) for | ||||||
| 13 | trusts and estates, exceed subtraction modifications, an | ||||||
| 14 | addition modification must be made under those | ||||||
| 15 | subparagraphs for any other taxable year to which the | ||||||
| 16 | taxable income less than zero (net operating loss) is | ||||||
| 17 | applied under Section 172 of the Internal Revenue Code or | ||||||
| 18 | under subparagraph (E) of paragraph (2) of this subsection | ||||||
| 19 | (e) applied in conjunction with Section 172 of the | ||||||
| 20 | Internal Revenue Code. | ||||||
| 21 | (2) Special rule. For purposes of paragraph (1) of | ||||||
| 22 | this subsection, the taxable income properly reportable | ||||||
| 23 | for federal income tax purposes shall mean: | ||||||
| 24 | (A) Certain life insurance companies. In the case | ||||||
| 25 | of a life insurance company subject to the tax imposed | ||||||
| 26 | by Section 801 of the Internal Revenue Code, life | ||||||
| |||||||
| |||||||
| 1 | insurance company taxable income, plus the amount of | ||||||
| 2 | distribution from pre-1984 policyholder surplus | ||||||
| 3 | accounts as calculated under Section 815a of the | ||||||
| 4 | Internal Revenue Code; | ||||||
| 5 | (B) Certain other insurance companies. In the case | ||||||
| 6 | of mutual insurance companies subject to the tax | ||||||
| 7 | imposed by Section 831 of the Internal Revenue Code, | ||||||
| 8 | insurance company taxable income; | ||||||
| 9 | (C) Regulated investment companies. In the case of | ||||||
| 10 | a regulated investment company subject to the tax | ||||||
| 11 | imposed by Section 852 of the Internal Revenue Code, | ||||||
| 12 | investment company taxable income; | ||||||
| 13 | (D) Real estate investment trusts. In the case of | ||||||
| 14 | a real estate investment trust subject to the tax | ||||||
| 15 | imposed by Section 857 of the Internal Revenue Code, | ||||||
| 16 | real estate investment trust taxable income; | ||||||
| 17 | (E) Consolidated corporations. In the case of a | ||||||
| 18 | corporation which is a member of an affiliated group | ||||||
| 19 | of corporations filing a consolidated income tax | ||||||
| 20 | return for the taxable year for federal income tax | ||||||
| 21 | purposes, taxable income determined as if such | ||||||
| 22 | corporation had filed a separate return for federal | ||||||
| 23 | income tax purposes for the taxable year and each | ||||||
| 24 | preceding taxable year for which it was a member of an | ||||||
| 25 | affiliated group. For purposes of this subparagraph, | ||||||
| 26 | the taxpayer's separate taxable income shall be | ||||||
| |||||||
| |||||||
| 1 | determined as if the election provided by Section | ||||||
| 2 | 243(b)(2) of the Internal Revenue Code had been in | ||||||
| 3 | effect for all such years; | ||||||
| 4 | (F) Cooperatives. In the case of a cooperative | ||||||
| 5 | corporation or association, the taxable income of such | ||||||
| 6 | organization determined in accordance with the | ||||||
| 7 | provisions of Section 1381 through 1388 of the | ||||||
| 8 | Internal Revenue Code, but without regard to the | ||||||
| 9 | prohibition against offsetting losses from patronage | ||||||
| 10 | activities against income from nonpatronage | ||||||
| 11 | activities; except that a cooperative corporation or | ||||||
| 12 | association may make an election to follow its federal | ||||||
| 13 | income tax treatment of patronage losses and | ||||||
| 14 | nonpatronage losses. In the event such election is | ||||||
| 15 | made, such losses shall be computed and carried over | ||||||
| 16 | in a manner consistent with subsection (a) of Section | ||||||
| 17 | 207 of this Act and apportioned by the apportionment | ||||||
| 18 | factor reported by the cooperative on its Illinois | ||||||
| 19 | income tax return filed for the taxable year in which | ||||||
| 20 | the losses are incurred. The election shall be | ||||||
| 21 | effective for all taxable years with original returns | ||||||
| 22 | due on or after the date of the election. In addition, | ||||||
| 23 | the cooperative may file an amended return or returns, | ||||||
| 24 | as allowed under this Act, to provide that the | ||||||
| 25 | election shall be effective for losses incurred or | ||||||
| 26 | carried forward for taxable years occurring prior to | ||||||
| |||||||
| |||||||
| 1 | the date of the election. Once made, the election may | ||||||
| 2 | only be revoked upon approval of the Director. The | ||||||
| 3 | Department shall adopt rules setting forth | ||||||
| 4 | requirements for documenting the elections and any | ||||||
| 5 | resulting Illinois net loss and the standards to be | ||||||
| 6 | used by the Director in evaluating requests to revoke | ||||||
| 7 | elections. Public Act 96-932 is declaratory of | ||||||
| 8 | existing law; | ||||||
| 9 | (G) Subchapter S corporations. In the case of: (i) | ||||||
| 10 | a Subchapter S corporation for which there is in | ||||||
| 11 | effect an election for the taxable year under Section | ||||||
| 12 | 1362 of the Internal Revenue Code, the taxable income | ||||||
| 13 | of such corporation determined in accordance with | ||||||
| 14 | Section 1363(b) of the Internal Revenue Code, except | ||||||
| 15 | that taxable income shall take into account those | ||||||
| 16 | items which are required by Section 1363(b)(1) of the | ||||||
| 17 | Internal Revenue Code to be separately stated; and | ||||||
| 18 | (ii) a Subchapter S corporation for which there is in | ||||||
| 19 | effect a federal election to opt out of the provisions | ||||||
| 20 | of the Subchapter S Revision Act of 1982 and have | ||||||
| 21 | applied instead the prior federal Subchapter S rules | ||||||
| 22 | as in effect on July 1, 1982, the taxable income of | ||||||
| 23 | such corporation determined in accordance with the | ||||||
| 24 | federal Subchapter S rules as in effect on July 1, | ||||||
| 25 | 1982; and | ||||||
| 26 | (H) Partnerships. In the case of a partnership, | ||||||
| |||||||
| |||||||
| 1 | taxable income determined in accordance with Section | ||||||
| 2 | 703 of the Internal Revenue Code, except that taxable | ||||||
| 3 | income shall take into account those items which are | ||||||
| 4 | required by Section 703(a)(1) to be separately stated | ||||||
| 5 | but which would be taken into account by an individual | ||||||
| 6 | in calculating his taxable income. | ||||||
| 7 | (3) Recapture of business expenses on disposition of | ||||||
| 8 | asset or business. Notwithstanding any other law to the | ||||||
| 9 | contrary, if in prior years income from an asset or | ||||||
| 10 | business has been classified as business income and in a | ||||||
| 11 | later year is demonstrated to be non-business income, then | ||||||
| 12 | all expenses, without limitation, deducted in such later | ||||||
| 13 | year and in the 2 immediately preceding taxable years | ||||||
| 14 | related to that asset or business that generated the | ||||||
| 15 | non-business income shall be added back and recaptured as | ||||||
| 16 | business income in the year of the disposition of the | ||||||
| 17 | asset or business. Such amount shall be apportioned to | ||||||
| 18 | Illinois using the greater of the apportionment fraction | ||||||
| 19 | computed for the business under Section 304 of this Act | ||||||
| 20 | for the taxable year or the average of the apportionment | ||||||
| 21 | fractions computed for the business under Section 304 of | ||||||
| 22 | this Act for the taxable year and for the 2 immediately | ||||||
| 23 | preceding taxable years.
| ||||||
| 24 | (f) Valuation limitation amount. | ||||||
| 25 | (1) In general. The valuation limitation amount | ||||||
| |||||||
| |||||||
| 1 | referred to in subsections (a)(2)(G), (c)(2)(I) and | ||||||
| 2 | (d)(2)(E) is an amount equal to: | ||||||
| 3 | (A) The sum of the pre-August 1, 1969 appreciation | ||||||
| 4 | amounts (to the extent consisting of gain reportable | ||||||
| 5 | under the provisions of Section 1245 or 1250 of the | ||||||
| 6 | Internal Revenue Code) for all property in respect of | ||||||
| 7 | which such gain was reported for the taxable year; | ||||||
| 8 | plus | ||||||
| 9 | (B) The lesser of (i) the sum of the pre-August 1, | ||||||
| 10 | 1969 appreciation amounts (to the extent consisting of | ||||||
| 11 | capital gain) for all property in respect of which | ||||||
| 12 | such gain was reported for federal income tax purposes | ||||||
| 13 | for the taxable year, or (ii) the net capital gain for | ||||||
| 14 | the taxable year, reduced in either case by any amount | ||||||
| 15 | of such gain included in the amount determined under | ||||||
| 16 | subsection (a)(2)(F) or (c)(2)(H). | ||||||
| 17 | (2) Pre-August 1, 1969 appreciation amount. | ||||||
| 18 | (A) If the fair market value of property referred | ||||||
| 19 | to in paragraph (1) was readily ascertainable on | ||||||
| 20 | August 1, 1969, the pre-August 1, 1969 appreciation | ||||||
| 21 | amount for such property is the lesser of (i) the | ||||||
| 22 | excess of such fair market value over the taxpayer's | ||||||
| 23 | basis (for determining gain) for such property on that | ||||||
| 24 | date (determined under the Internal Revenue Code as in | ||||||
| 25 | effect on that date), or (ii) the total gain realized | ||||||
| 26 | and reportable for federal income tax purposes in | ||||||
| |||||||
| |||||||
| 1 | respect of the sale, exchange or other disposition of | ||||||
| 2 | such property. | ||||||
| 3 | (B) If the fair market value of property referred | ||||||
| 4 | to in paragraph (1) was not readily ascertainable on | ||||||
| 5 | August 1, 1969, the pre-August 1, 1969 appreciation | ||||||
| 6 | amount for such property is that amount which bears | ||||||
| 7 | the same ratio to the total gain reported in respect of | ||||||
| 8 | the property for federal income tax purposes for the | ||||||
| 9 | taxable year, as the number of full calendar months in | ||||||
| 10 | that part of the taxpayer's holding period for the | ||||||
| 11 | property ending July 31, 1969 bears to the number of | ||||||
| 12 | full calendar months in the taxpayer's entire holding | ||||||
| 13 | period for the property. | ||||||
| 14 | (C) The Department shall prescribe such | ||||||
| 15 | regulations as may be necessary to carry out the | ||||||
| 16 | purposes of this paragraph.
| ||||||
| 17 | (g) Double deductions. Unless specifically provided | ||||||
| 18 | otherwise, nothing in this Section shall permit the same item | ||||||
| 19 | to be deducted more than once.
| ||||||
| 20 | (h) Legislative intention. Except as expressly provided by | ||||||
| 21 | this Section there shall be no modifications or limitations on | ||||||
| 22 | the amounts of income, gain, loss or deduction taken into | ||||||
| 23 | account in determining gross income, adjusted gross income or | ||||||
| 24 | taxable income for federal income tax purposes for the taxable | ||||||
| |||||||
| |||||||
| 1 | year, or in the amount of such items entering into the | ||||||
| 2 | computation of base income and net income under this Act for | ||||||
| 3 | such taxable year, whether in respect of property values as of | ||||||
| 4 | August 1, 1969 or otherwise. | ||||||
| 5 | (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; | ||||||
| 6 | 102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff. | ||||||
| 7 | 12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; 103-592, | ||||||
| 8 | Article 10, Section 10-900, eff. 6-7-24; 103-592, Article 170, | ||||||
| 9 | Section 170-90, eff. 6-7-24; 103-605, eff. 7-1-24; 103-647, | ||||||
| 10 | eff. 7-1-24; revised 8-20-24.)
| ||||||
| 11 | (35 ILCS 5/241) | ||||||
| 12 | Sec. 241. Credit for quantum computing campuses. | ||||||
| 13 | (a) A taxpayer who has been awarded a credit by the | ||||||
| 14 | Department of Commerce and Economic Opportunity under Section | ||||||
| 15 | 605-1115 605-115 of the Department of Commerce and Economic | ||||||
| 16 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
| 17 | is entitled to a credit against the taxes imposed under | ||||||
| 18 | subsections (a) and (b) of Section 201 of this Act. The amount | ||||||
| 19 | of the credit shall be 20% of the wages paid by the taxpayer | ||||||
| 20 | during the taxable year to a full-time or part-time employee | ||||||
| 21 | of a construction contractor employed in the construction of | ||||||
| 22 | an eligible facility located on a quantum computing campus | ||||||
| 23 | designated under Section 605-1115 605-115 of the Department of | ||||||
| 24 | Commerce and Economic Opportunity Law of the Civil | ||||||
| 25 | Administrative Code of Illinois. | ||||||
| |||||||
| |||||||
| 1 | (b) In no event shall a credit under this Section reduce | ||||||
| 2 | the taxpayer's liability to less than zero. If the amount of | ||||||
| 3 | the credit exceeds the tax liability for the year, the excess | ||||||
| 4 | may be carried forward and applied to the tax liability of the | ||||||
| 5 | 5 taxable years following the excess credit year. The tax | ||||||
| 6 | credit shall be applied to the earliest year for which there is | ||||||
| 7 | a tax liability. If there are credits for more than one year | ||||||
| 8 | that are available to offset a liability, the earlier credit | ||||||
| 9 | shall be applied first. | ||||||
| 10 | (c) A person claiming the credit allowed under this | ||||||
| 11 | Section shall attach to its Illinois income tax return for the | ||||||
| 12 | taxable year for which the credit is allowed a copy of the tax | ||||||
| 13 | credit certificate issued by the Department of Commerce and | ||||||
| 14 | Economic Opportunity. | ||||||
| 15 | (d) Partners and shareholders of Subchapter S corporations | ||||||
| 16 | are entitled to a credit under this Section as provided in | ||||||
| 17 | Section 251. | ||||||
| 18 | (e) As used in this Section, "eligible facility" means a | ||||||
| 19 | building used primarily to house one or more of the following: | ||||||
| 20 | a quantum computer operator; a research facility; a data | ||||||
| 21 | center; a manufacturer and assembler of quantum computers and | ||||||
| 22 | component parts; a cryogenic or refrigeration facility; or any | ||||||
| 23 | other facility determined, by industry and academic leaders, | ||||||
| 24 | to be fundamental to the research and development of quantum | ||||||
| 25 | computing for practical solutions. | ||||||
| 26 | (f) This Section is exempt from the provisions of Section | ||||||
| |||||||
| |||||||
| 1 | 250. | ||||||
| 2 | (Source: P.A. 103-595, eff. 6-26-24; revised 9-25-24.)
| ||||||
| 3 | (35 ILCS 5/242) | ||||||
| 4 | Sec. 242 241. Music and Musicians Tax Credits and Jobs | ||||||
| 5 | Act. Taxpayers who have been awarded a credit under the Music | ||||||
| 6 | and Musicians Tax Credits and Jobs Act are entitled to a credit | ||||||
| 7 | against the taxes imposed by subsections (a) and (b) of | ||||||
| 8 | Section 201 of this Act in an amount determined by the | ||||||
| 9 | Department of Commerce and Economic Opportunity under that | ||||||
| 10 | Act. The credit shall be claimed in the taxable year in which | ||||||
| 11 | the tax credit award certificate is issued, and the | ||||||
| 12 | certificate shall be attached to the return. If the taxpayer | ||||||
| 13 | is a partnership or Subchapter S corporation, the credit shall | ||||||
| 14 | be allowed to the partners or shareholders in accordance with | ||||||
| 15 | the provisions of Section 251. | ||||||
| 16 | The credit may not reduce the taxpayer's liability to less | ||||||
| 17 | than zero. If the amount of the credit exceeds the tax | ||||||
| 18 | liability for the year, the excess may be carried forward and | ||||||
| 19 | applied to the tax liability of the 5 taxable years following | ||||||
| 20 | the excess credit year. The credit shall be applied to the | ||||||
| 21 | earliest year for which there is a tax liability. If there are | ||||||
| 22 | credits from more than one tax year that are available to | ||||||
| 23 | offset a liability, the earlier credit shall be applied first. | ||||||
| 24 | (Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24; | ||||||
| 25 | revised 9-25-24.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 5/243) | ||||||
| 2 | Sec. 243 241. The Illinois Gives tax credit. | ||||||
| 3 | (a) For taxable years ending on or after December 31, 2025 | ||||||
| 4 | and ending before January 1, 2030, each taxpayer for whom a tax | ||||||
| 5 | credit has been authorized by the Department of Revenue under | ||||||
| 6 | the Illinois Gives Tax Credit Act is entitled to a credit | ||||||
| 7 | against the tax imposed under subsections (a) and (b) of | ||||||
| 8 | Section 201 in an amount equal to the amount authorized under | ||||||
| 9 | that Act. | ||||||
| 10 | (b) For partners of partnerships and shareholders of | ||||||
| 11 | Subchapter S corporations, there is allowed a credit under | ||||||
| 12 | this Section to be determined in accordance with Section 251 | ||||||
| 13 | of this Act. | ||||||
| 14 | (c) The credit may not be carried back and may not reduce | ||||||
| 15 | the taxpayer's liability to less than zero. If the amount of | ||||||
| 16 | the credit exceeds the tax liability for the year, the excess | ||||||
| 17 | may be carried forward and applied to the tax liability of the | ||||||
| 18 | 5 taxable years following the excess credit year. The tax | ||||||
| 19 | credit shall be applied to the earliest year for which there is | ||||||
| 20 | a tax liability. If there are credits for more than one year | ||||||
| 21 | that are available to offset a liability, the earlier credit | ||||||
| 22 | shall be applied first. | ||||||
| 23 | (Source: P.A. 103-592, Article 170, Section 170-90, eff. | ||||||
| 24 | 6-7-24; revised 9-25-24.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 5/244) | ||||||
| 2 | Sec. 244. Child tax credit. | ||||||
| 3 | (a) For the taxable years beginning on or after January 1, | ||||||
| 4 | 2024, each individual taxpayer who has at least one qualifying | ||||||
| 5 | child who is younger than 12 years of age as of the last day of | ||||||
| 6 | the taxable year is entitled to a credit against the tax | ||||||
| 7 | imposed by subsections (a) and (b) of Section 201. For tax | ||||||
| 8 | years beginning on or after January 1, 2024 and before January | ||||||
| 9 | 1, 2025, the credit shall be equal to 20% of the credit allowed | ||||||
| 10 | to the taxpayer under Section 212 of this Act for that taxable | ||||||
| 11 | year. For tax years beginning on or after January 1, 2025, the | ||||||
| 12 | amount of the credit shall be equal to 40% of the credit | ||||||
| 13 | allowed to the taxpayer under Section 212 of this Act for that | ||||||
| 14 | taxable year. | ||||||
| 15 | (b) If the amount of the credit exceeds the income tax | ||||||
| 16 | liability for the applicable tax year, then the excess credit | ||||||
| 17 | shall be refunded to the taxpayer. The amount of the refund | ||||||
| 18 | under this Section shall not be included in the taxpayer's | ||||||
| 19 | income or resources for the purposes of determining | ||||||
| 20 | eligibility or benefit level in any means-tested benefit | ||||||
| 21 | program administered by a governmental entity unless required | ||||||
| 22 | by federal law. | ||||||
| 23 | (c) The Department may adopt rules to carry out the | ||||||
| 24 | provisions of this Section. | ||||||
| 25 | (d) As used in this Section, "qualifying child" has the | ||||||
| 26 | meaning given to that term in Section 152 of the Internal | ||||||
| |||||||
| |||||||
| 1 | Revenue Code. | ||||||
| 2 | (e) This Section is exempt from the provisions of Section | ||||||
| 3 | 250. | ||||||
| 4 | (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)
| ||||||
| 5 | (35 ILCS 5/304) (from Ch. 120, par. 3-304) | ||||||
| 6 | Sec. 304. Business income of persons other than residents. | ||||||
| 7 | (a) In general. The business income of a person other than | ||||||
| 8 | a resident shall be allocated to this State if such person's | ||||||
| 9 | business income is derived solely from this State. If a person | ||||||
| 10 | other than a resident derives business income from this State | ||||||
| 11 | and one or more other states, then, for tax years ending on or | ||||||
| 12 | before December 30, 1998, and except as otherwise provided by | ||||||
| 13 | this Section, such person's business income shall be | ||||||
| 14 | apportioned to this State by multiplying the income by a | ||||||
| 15 | fraction, the numerator of which is the sum of the property | ||||||
| 16 | factor (if any), the payroll factor (if any) and 200% of the | ||||||
| 17 | sales factor (if any), and the denominator of which is 4 | ||||||
| 18 | reduced by the number of factors other than the sales factor | ||||||
| 19 | which have a denominator of zero and by an additional 2 if the | ||||||
| 20 | sales factor has a denominator of zero. For tax years ending on | ||||||
| 21 | or after December 31, 1998, and except as otherwise provided | ||||||
| 22 | by this Section, persons other than residents who derive | ||||||
| 23 | business income from this State and one or more other states | ||||||
| 24 | shall compute their apportionment factor by weighting their | ||||||
| 25 | property, payroll, and sales factors as provided in subsection | ||||||
| |||||||
| |||||||
| 1 | (h) of this Section. | ||||||
| 2 | (1) Property factor. | ||||||
| 3 | (A) The property factor is a fraction, the numerator | ||||||
| 4 | of which is the average value of the person's real and | ||||||
| 5 | tangible personal property owned or rented and used in the | ||||||
| 6 | trade or business in this State during the taxable year | ||||||
| 7 | and the denominator of which is the average value of all | ||||||
| 8 | the person's real and tangible personal property owned or | ||||||
| 9 | rented and used in the trade or business during the | ||||||
| 10 | taxable year. | ||||||
| 11 | (B) Property owned by the person is valued at its | ||||||
| 12 | original cost. Property rented by the person is valued at | ||||||
| 13 | 8 times the net annual rental rate. Net annual rental rate | ||||||
| 14 | is the annual rental rate paid by the person less any | ||||||
| 15 | annual rental rate received by the person from | ||||||
| 16 | sub-rentals. | ||||||
| 17 | (C) The average value of property shall be determined | ||||||
| 18 | by averaging the values at the beginning and ending of the | ||||||
| 19 | taxable year, but the Director may require the averaging | ||||||
| 20 | of monthly values during the taxable year if reasonably | ||||||
| 21 | required to reflect properly the average value of the | ||||||
| 22 | person's property. | ||||||
| 23 | (2) Payroll factor. | ||||||
| 24 | (A) The payroll factor is a fraction, the numerator of | ||||||
| 25 | which is the total amount paid in this State during the | ||||||
| 26 | taxable year by the person for compensation, and the | ||||||
| |||||||
| |||||||
| 1 | denominator of which is the total compensation paid | ||||||
| 2 | everywhere during the taxable year. | ||||||
| 3 | (B) Compensation is paid in this State if: | ||||||
| 4 | (i) The individual's service is performed entirely | ||||||
| 5 | within this State; | ||||||
| 6 | (ii) The individual's service is performed both | ||||||
| 7 | within and without this State, but the service | ||||||
| 8 | performed without this State is incidental to the | ||||||
| 9 | individual's service performed within this State; or | ||||||
| 10 | (iii) For tax years ending prior to December 31, | ||||||
| 11 | 2020, some of the service is performed within this | ||||||
| 12 | State and either the base of operations, or if there is | ||||||
| 13 | no base of operations, the place from which the | ||||||
| 14 | service is directed or controlled is within this | ||||||
| 15 | State, or the base of operations or the place from | ||||||
| 16 | which the service is directed or controlled is not in | ||||||
| 17 | any state in which some part of the service is | ||||||
| 18 | performed, but the individual's residence is in this | ||||||
| 19 | State. For tax years ending on or after December 31, | ||||||
| 20 | 2020, compensation is paid in this State if some of the | ||||||
| 21 | individual's service is performed within this State, | ||||||
| 22 | the individual's service performed within this State | ||||||
| 23 | is nonincidental to the individual's service performed | ||||||
| 24 | without this State, and the individual's service is | ||||||
| 25 | performed within this State for more than 30 working | ||||||
| 26 | days during the tax year. The amount of compensation | ||||||
| |||||||
| |||||||
| 1 | paid in this State shall include the portion of the | ||||||
| 2 | individual's total compensation for services performed | ||||||
| 3 | on behalf of his or her employer during the tax year | ||||||
| 4 | which the number of working days spent within this | ||||||
| 5 | State during the tax year bears to the total number of | ||||||
| 6 | working days spent both within and without this State | ||||||
| 7 | during the tax year. For purposes of this paragraph: | ||||||
| 8 | (a) The term "working day" means all days | ||||||
| 9 | during the tax year in which the individual | ||||||
| 10 | performs duties on behalf of his or her employer. | ||||||
| 11 | All days in which the individual performs no | ||||||
| 12 | duties on behalf of his or her employer (e.g., | ||||||
| 13 | weekends, vacation days, sick days, and holidays) | ||||||
| 14 | are not working days. | ||||||
| 15 | (b) A working day is spent within this State | ||||||
| 16 | if: | ||||||
| 17 | (1) the individual performs service on | ||||||
| 18 | behalf of the employer and a greater amount of | ||||||
| 19 | time on that day is spent by the individual | ||||||
| 20 | performing duties on behalf of the employer | ||||||
| 21 | within this State, without regard to time | ||||||
| 22 | spent traveling, than is spent performing | ||||||
| 23 | duties on behalf of the employer without this | ||||||
| 24 | State; or | ||||||
| 25 | (2) the only service the individual | ||||||
| 26 | performs on behalf of the employer on that day | ||||||
| |||||||
| |||||||
| 1 | is traveling to a destination within this | ||||||
| 2 | State, and the individual arrives on that day. | ||||||
| 3 | (c) Working days spent within this State do | ||||||
| 4 | not include any day in which the employee is | ||||||
| 5 | performing services in this State during a | ||||||
| 6 | disaster period solely in response to a request | ||||||
| 7 | made to his or her employer by the government of | ||||||
| 8 | this State, by any political subdivision of this | ||||||
| 9 | State, or by a person conducting business in this | ||||||
| 10 | State to perform disaster or emergency-related | ||||||
| 11 | services in this State. For purposes of this item | ||||||
| 12 | (c): | ||||||
| 13 | "Declared State disaster or emergency" | ||||||
| 14 | means a disaster or emergency event (i) for | ||||||
| 15 | which a Governor's proclamation of a state of | ||||||
| 16 | emergency has been issued or (ii) for which a | ||||||
| 17 | Presidential declaration of a federal major | ||||||
| 18 | disaster or emergency has been issued. | ||||||
| 19 | "Disaster period" means a period that | ||||||
| 20 | begins 10 days prior to the date of the | ||||||
| 21 | Governor's proclamation or the President's | ||||||
| 22 | declaration (whichever is earlier) and extends | ||||||
| 23 | for a period of 60 calendar days after the end | ||||||
| 24 | of the declared disaster or emergency period. | ||||||
| 25 | "Disaster or emergency-related services" | ||||||
| 26 | means repairing, renovating, installing, | ||||||
| |||||||
| |||||||
| 1 | building, or rendering services or conducting | ||||||
| 2 | other business activities that relate to | ||||||
| 3 | infrastructure that has been damaged, | ||||||
| 4 | impaired, or destroyed by the declared State | ||||||
| 5 | disaster or emergency. | ||||||
| 6 | "Infrastructure" means property and | ||||||
| 7 | equipment owned or used by a public utility, | ||||||
| 8 | communications network, broadband and Internet | ||||||
| 9 | internet service provider, cable and video | ||||||
| 10 | service provider, electric or gas distribution | ||||||
| 11 | system, or water pipeline that provides | ||||||
| 12 | service to more than one customer or person, | ||||||
| 13 | including related support facilities. | ||||||
| 14 | "Infrastructure" includes, but is not limited | ||||||
| 15 | to, real and personal property such as | ||||||
| 16 | buildings, offices, power lines, cable lines, | ||||||
| 17 | poles, communications lines, pipes, | ||||||
| 18 | structures, and equipment. | ||||||
| 19 | (iv) Compensation paid to nonresident professional | ||||||
| 20 | athletes. | ||||||
| 21 | (a) General. The Illinois source income of a | ||||||
| 22 | nonresident individual who is a member of a | ||||||
| 23 | professional athletic team includes the portion of the | ||||||
| 24 | individual's total compensation for services performed | ||||||
| 25 | as a member of a professional athletic team during the | ||||||
| 26 | taxable year which the number of duty days spent | ||||||
| |||||||
| |||||||
| 1 | within this State performing services for the team in | ||||||
| 2 | any manner during the taxable year bears to the total | ||||||
| 3 | number of duty days spent both within and without this | ||||||
| 4 | State during the taxable year. | ||||||
| 5 | (b) Travel days. Travel days that do not involve | ||||||
| 6 | either a game, practice, team meeting, or other | ||||||
| 7 | similar team event are not considered duty days spent | ||||||
| 8 | in this State. However, such travel days are | ||||||
| 9 | considered in the total duty days spent both within | ||||||
| 10 | and without this State. | ||||||
| 11 | (c) Definitions. For purposes of this subpart | ||||||
| 12 | (iv): | ||||||
| 13 | (1) The term "professional athletic team" | ||||||
| 14 | includes, but is not limited to, any professional | ||||||
| 15 | baseball, basketball, football, soccer, or hockey | ||||||
| 16 | team. | ||||||
| 17 | (2) The term "member of a professional | ||||||
| 18 | athletic team" includes those employees who are | ||||||
| 19 | active players, players on the disabled list, and | ||||||
| 20 | any other persons required to travel and who | ||||||
| 21 | travel with and perform services on behalf of a | ||||||
| 22 | professional athletic team on a regular basis. | ||||||
| 23 | This includes, but is not limited to, coaches, | ||||||
| 24 | managers, and trainers. | ||||||
| 25 | (3) Except as provided in items (C) and (D) of | ||||||
| 26 | this subpart (3), the term "duty days" means all | ||||||
| |||||||
| |||||||
| 1 | days during the taxable year from the beginning of | ||||||
| 2 | the professional athletic team's official | ||||||
| 3 | pre-season training period through the last game | ||||||
| 4 | in which the team competes or is scheduled to | ||||||
| 5 | compete. Duty days shall be counted for the year | ||||||
| 6 | in which they occur, including where a team's | ||||||
| 7 | official pre-season training period through the | ||||||
| 8 | last game in which the team competes or is | ||||||
| 9 | scheduled to compete, occurs during more than one | ||||||
| 10 | tax year. | ||||||
| 11 | (A) Duty days shall also include days on | ||||||
| 12 | which a member of a professional athletic team | ||||||
| 13 | performs service for a team on a date that | ||||||
| 14 | does not fall within the foregoing period | ||||||
| 15 | (e.g., participation in instructional leagues, | ||||||
| 16 | the "All Star Game", or promotional | ||||||
| 17 | "caravans"). Performing a service for a | ||||||
| 18 | professional athletic team includes conducting | ||||||
| 19 | training and rehabilitation activities, when | ||||||
| 20 | such activities are conducted at team | ||||||
| 21 | facilities. | ||||||
| 22 | (B) Also included in duty days are game | ||||||
| 23 | days, practice days, days spent at team | ||||||
| 24 | meetings, promotional caravans, preseason | ||||||
| 25 | training camps, and days served with the team | ||||||
| 26 | through all post-season games in which the | ||||||
| |||||||
| |||||||
| 1 | team competes or is scheduled to compete. | ||||||
| 2 | (C) Duty days for any person who joins a | ||||||
| 3 | team during the period from the beginning of | ||||||
| 4 | the professional athletic team's official | ||||||
| 5 | pre-season training period through the last | ||||||
| 6 | game in which the team competes, or is | ||||||
| 7 | scheduled to compete, shall begin on the day | ||||||
| 8 | that person joins the team. Conversely, duty | ||||||
| 9 | days for any person who leaves a team during | ||||||
| 10 | this period shall end on the day that person | ||||||
| 11 | leaves the team. Where a person switches teams | ||||||
| 12 | during a taxable year, a separate duty-day | ||||||
| 13 | calculation shall be made for the period the | ||||||
| 14 | person was with each team. | ||||||
| 15 | (D) Days for which a member of a | ||||||
| 16 | professional athletic team is not compensated | ||||||
| 17 | and is not performing services for the team in | ||||||
| 18 | any manner, including days when such member of | ||||||
| 19 | a professional athletic team has been | ||||||
| 20 | suspended without pay and prohibited from | ||||||
| 21 | performing any services for the team, shall | ||||||
| 22 | not be treated as duty days. | ||||||
| 23 | (E) Days for which a member of a | ||||||
| 24 | professional athletic team is on the disabled | ||||||
| 25 | list and does not conduct rehabilitation | ||||||
| 26 | activities at facilities of the team, and is | ||||||
| |||||||
| |||||||
| 1 | not otherwise performing services for the team | ||||||
| 2 | in Illinois, shall not be considered duty days | ||||||
| 3 | spent in this State. All days on the disabled | ||||||
| 4 | list, however, are considered to be included | ||||||
| 5 | in total duty days spent both within and | ||||||
| 6 | without this State. | ||||||
| 7 | (4) The term "total compensation for services | ||||||
| 8 | performed as a member of a professional athletic | ||||||
| 9 | team" means the total compensation received during | ||||||
| 10 | the taxable year for services performed: | ||||||
| 11 | (A) from the beginning of the official | ||||||
| 12 | pre-season training period through the last | ||||||
| 13 | game in which the team competes or is | ||||||
| 14 | scheduled to compete during that taxable year; | ||||||
| 15 | and | ||||||
| 16 | (B) during the taxable year on a date | ||||||
| 17 | which does not fall within the foregoing | ||||||
| 18 | period (e.g., participation in instructional | ||||||
| 19 | leagues, the "All Star Game", or promotional | ||||||
| 20 | caravans). | ||||||
| 21 | This compensation shall include, but is not | ||||||
| 22 | limited to, salaries, wages, bonuses as described | ||||||
| 23 | in this subpart, and any other type of | ||||||
| 24 | compensation paid during the taxable year to a | ||||||
| 25 | member of a professional athletic team for | ||||||
| 26 | services performed in that year. This compensation | ||||||
| |||||||
| |||||||
| 1 | does not include strike benefits, severance pay, | ||||||
| 2 | termination pay, contract or option year buy-out | ||||||
| 3 | payments, expansion or relocation payments, or any | ||||||
| 4 | other payments not related to services performed | ||||||
| 5 | for the team. | ||||||
| 6 | For purposes of this subparagraph, "bonuses" | ||||||
| 7 | included in "total compensation for services | ||||||
| 8 | performed as a member of a professional athletic | ||||||
| 9 | team" subject to the allocation described in | ||||||
| 10 | Section 302(c)(1) are: bonuses earned as a result | ||||||
| 11 | of play (i.e., performance bonuses) during the | ||||||
| 12 | season, including bonuses paid for championship, | ||||||
| 13 | playoff or "bowl" games played by a team, or for | ||||||
| 14 | selection to all-star league or other honorary | ||||||
| 15 | positions; and bonuses paid for signing a | ||||||
| 16 | contract, unless the payment of the signing bonus | ||||||
| 17 | is not conditional upon the signee playing any | ||||||
| 18 | games for the team or performing any subsequent | ||||||
| 19 | services for the team or even making the team, the | ||||||
| 20 | signing bonus is payable separately from the | ||||||
| 21 | salary and any other compensation, and the signing | ||||||
| 22 | bonus is nonrefundable. | ||||||
| 23 | (3) Sales factor. | ||||||
| 24 | (A) The sales factor is a fraction, the numerator of | ||||||
| 25 | which is the total sales of the person in this State during | ||||||
| 26 | the taxable year, and the denominator of which is the | ||||||
| |||||||
| |||||||
| 1 | total sales of the person everywhere during the taxable | ||||||
| 2 | year. | ||||||
| 3 | (B) Sales of tangible personal property are in this | ||||||
| 4 | State if: | ||||||
| 5 | (i) The property is delivered or shipped to a | ||||||
| 6 | purchaser, other than the United States government, | ||||||
| 7 | within this State regardless of the f. o. b. point or | ||||||
| 8 | other conditions of the sale; or | ||||||
| 9 | (ii) The property is shipped from an office, | ||||||
| 10 | store, warehouse, factory or other place of storage in | ||||||
| 11 | this State and either the purchaser is the United | ||||||
| 12 | States government or the person is not taxable in the | ||||||
| 13 | state of the purchaser; provided, however, that | ||||||
| 14 | premises owned or leased by a person who has | ||||||
| 15 | independently contracted with the seller for the | ||||||
| 16 | printing of newspapers, periodicals or books shall not | ||||||
| 17 | be deemed to be an office, store, warehouse, factory | ||||||
| 18 | or other place of storage for purposes of this | ||||||
| 19 | Section. Sales of tangible personal property are not | ||||||
| 20 | in this State if the seller and purchaser would be | ||||||
| 21 | members of the same unitary business group but for the | ||||||
| 22 | fact that either the seller or purchaser is a person | ||||||
| 23 | with 80% or more of total business activity outside of | ||||||
| 24 | the United States and the property is purchased for | ||||||
| 25 | resale. | ||||||
| 26 | (B-1) Patents, copyrights, trademarks, and similar | ||||||
| |||||||
| |||||||
| 1 | items of intangible personal property. | ||||||
| 2 | (i) Gross receipts from the licensing, sale, or | ||||||
| 3 | other disposition of a patent, copyright, trademark, | ||||||
| 4 | or similar item of intangible personal property, other | ||||||
| 5 | than gross receipts governed by paragraph (B-7) of | ||||||
| 6 | this item (3), are in this State to the extent the item | ||||||
| 7 | is utilized in this State during the year the gross | ||||||
| 8 | receipts are included in gross income. | ||||||
| 9 | (ii) Place of utilization. | ||||||
| 10 | (I) A patent is utilized in a state to the | ||||||
| 11 | extent that it is employed in production, | ||||||
| 12 | fabrication, manufacturing, or other processing in | ||||||
| 13 | the state or to the extent that a patented product | ||||||
| 14 | is produced in the state. If a patent is utilized | ||||||
| 15 | in more than one state, the extent to which it is | ||||||
| 16 | utilized in any one state shall be a fraction | ||||||
| 17 | equal to the gross receipts of the licensee or | ||||||
| 18 | purchaser from sales or leases of items produced, | ||||||
| 19 | fabricated, manufactured, or processed within that | ||||||
| 20 | state using the patent and of patented items | ||||||
| 21 | produced within that state, divided by the total | ||||||
| 22 | of such gross receipts for all states in which the | ||||||
| 23 | patent is utilized. | ||||||
| 24 | (II) A copyright is utilized in a state to the | ||||||
| 25 | extent that printing or other publication | ||||||
| 26 | originates in the state. If a copyright is | ||||||
| |||||||
| |||||||
| 1 | utilized in more than one state, the extent to | ||||||
| 2 | which it is utilized in any one state shall be a | ||||||
| 3 | fraction equal to the gross receipts from sales or | ||||||
| 4 | licenses of materials printed or published in that | ||||||
| 5 | state divided by the total of such gross receipts | ||||||
| 6 | for all states in which the copyright is utilized. | ||||||
| 7 | (III) Trademarks and other items of intangible | ||||||
| 8 | personal property governed by this paragraph (B-1) | ||||||
| 9 | are utilized in the state in which the commercial | ||||||
| 10 | domicile of the licensee or purchaser is located. | ||||||
| 11 | (iii) If the state of utilization of an item of | ||||||
| 12 | property governed by this paragraph (B-1) cannot be | ||||||
| 13 | determined from the taxpayer's books and records or | ||||||
| 14 | from the books and records of any person related to the | ||||||
| 15 | taxpayer within the meaning of Section 267(b) of the | ||||||
| 16 | Internal Revenue Code, 26 U.S.C. 267, the gross | ||||||
| 17 | receipts attributable to that item shall be excluded | ||||||
| 18 | from both the numerator and the denominator of the | ||||||
| 19 | sales factor. | ||||||
| 20 | (B-2) Gross receipts from the license, sale, or other | ||||||
| 21 | disposition of patents, copyrights, trademarks, and | ||||||
| 22 | similar items of intangible personal property, other than | ||||||
| 23 | gross receipts governed by paragraph (B-7) of this item | ||||||
| 24 | (3), may be included in the numerator or denominator of | ||||||
| 25 | the sales factor only if gross receipts from licenses, | ||||||
| 26 | sales, or other disposition of such items comprise more | ||||||
| |||||||
| |||||||
| 1 | than 50% of the taxpayer's total gross receipts included | ||||||
| 2 | in gross income during the tax year and during each of the | ||||||
| 3 | 2 immediately preceding tax years; provided that, when a | ||||||
| 4 | taxpayer is a member of a unitary business group, such | ||||||
| 5 | determination shall be made on the basis of the gross | ||||||
| 6 | receipts of the entire unitary business group. | ||||||
| 7 | (B-5) For taxable years ending on or after December | ||||||
| 8 | 31, 2008, except as provided in subsections (ii) through | ||||||
| 9 | (vii), receipts from the sale of telecommunications | ||||||
| 10 | service or mobile telecommunications service are in this | ||||||
| 11 | State if the customer's service address is in this State. | ||||||
| 12 | (i) For purposes of this subparagraph (B-5), the | ||||||
| 13 | following terms have the following meanings: | ||||||
| 14 | "Ancillary services" means services that are | ||||||
| 15 | associated with or incidental to the provision of | ||||||
| 16 | "telecommunications services", including, but not | ||||||
| 17 | limited to, "detailed telecommunications billing", | ||||||
| 18 | "directory assistance", "vertical service", and "voice | ||||||
| 19 | mail services". | ||||||
| 20 | "Air-to-Ground Radiotelephone service" means a | ||||||
| 21 | radio service, as that term is defined in 47 CFR 22.99, | ||||||
| 22 | in which common carriers are authorized to offer and | ||||||
| 23 | provide radio telecommunications service for hire to | ||||||
| 24 | subscribers in aircraft. | ||||||
| 25 | "Call-by-call Basis" means any method of charging | ||||||
| 26 | for telecommunications services where the price is | ||||||
| |||||||
| |||||||
| 1 | measured by individual calls. | ||||||
| 2 | "Communications Channel" means a physical or | ||||||
| 3 | virtual path of communications over which signals are | ||||||
| 4 | transmitted between or among customer channel | ||||||
| 5 | termination points. | ||||||
| 6 | "Conference bridging service" means an "ancillary | ||||||
| 7 | service" that links two or more participants of an | ||||||
| 8 | audio or video conference call and may include the | ||||||
| 9 | provision of a telephone number. "Conference bridging | ||||||
| 10 | service" does not include the "telecommunications | ||||||
| 11 | services" used to reach the conference bridge. | ||||||
| 12 | "Customer Channel Termination Point" means the | ||||||
| 13 | location where the customer either inputs or receives | ||||||
| 14 | the communications. | ||||||
| 15 | "Detailed telecommunications billing service" | ||||||
| 16 | means an "ancillary service" of separately stating | ||||||
| 17 | information pertaining to individual calls on a | ||||||
| 18 | customer's billing statement. | ||||||
| 19 | "Directory assistance" means an "ancillary | ||||||
| 20 | service" of providing telephone number information, | ||||||
| 21 | and/or address information. | ||||||
| 22 | "Home service provider" means the facilities based | ||||||
| 23 | carrier or reseller with which the customer contracts | ||||||
| 24 | for the provision of mobile telecommunications | ||||||
| 25 | services. | ||||||
| 26 | "Mobile telecommunications service" means | ||||||
| |||||||
| |||||||
| 1 | commercial mobile radio service, as defined in Section | ||||||
| 2 | 20.3 of Title 47 of the Code of Federal Regulations as | ||||||
| 3 | in effect on June 1, 1999. | ||||||
| 4 | "Place of primary use" means the street address | ||||||
| 5 | representative of where the customer's use of the | ||||||
| 6 | telecommunications service primarily occurs, which | ||||||
| 7 | must be the residential street address or the primary | ||||||
| 8 | business street address of the customer. In the case | ||||||
| 9 | of mobile telecommunications services, "place of | ||||||
| 10 | primary use" must be within the licensed service area | ||||||
| 11 | of the home service provider. | ||||||
| 12 | "Post-paid telecommunication service" means the | ||||||
| 13 | telecommunications service obtained by making a | ||||||
| 14 | payment on a call-by-call basis either through the use | ||||||
| 15 | of a credit card or payment mechanism such as a bank | ||||||
| 16 | card, travel card, credit card, or debit card, or by | ||||||
| 17 | charge made to a telephone number which is not | ||||||
| 18 | associated with the origination or termination of the | ||||||
| 19 | telecommunications service. A post-paid calling | ||||||
| 20 | service includes telecommunications service, except a | ||||||
| 21 | prepaid wireless calling service, that would be a | ||||||
| 22 | prepaid calling service except it is not exclusively a | ||||||
| 23 | telecommunication service. | ||||||
| 24 | "Prepaid telecommunication service" means the | ||||||
| 25 | right to access exclusively telecommunications | ||||||
| 26 | services, which must be paid for in advance and which | ||||||
| |||||||
| |||||||
| 1 | enables the origination of calls using an access | ||||||
| 2 | number or authorization code, whether manually or | ||||||
| 3 | electronically dialed, and that is sold in | ||||||
| 4 | predetermined units or dollars of which the number | ||||||
| 5 | declines with use in a known amount. | ||||||
| 6 | "Prepaid Mobile telecommunication service" means a | ||||||
| 7 | telecommunications service that provides the right to | ||||||
| 8 | utilize mobile wireless service as well as other | ||||||
| 9 | non-telecommunication services, including, but not | ||||||
| 10 | limited to, ancillary services, which must be paid for | ||||||
| 11 | in advance that is sold in predetermined units or | ||||||
| 12 | dollars of which the number declines with use in a | ||||||
| 13 | known amount. | ||||||
| 14 | "Private communication service" means a | ||||||
| 15 | telecommunication service that entitles the customer | ||||||
| 16 | to exclusive or priority use of a communications | ||||||
| 17 | channel or group of channels between or among | ||||||
| 18 | termination points, regardless of the manner in which | ||||||
| 19 | such channel or channels are connected, and includes | ||||||
| 20 | switching capacity, extension lines, stations, and any | ||||||
| 21 | other associated services that are provided in | ||||||
| 22 | connection with the use of such channel or channels. | ||||||
| 23 | "Service address" means: | ||||||
| 24 | (a) The location of the telecommunications | ||||||
| 25 | equipment to which a customer's call is charged | ||||||
| 26 | and from which the call originates or terminates, | ||||||
| |||||||
| |||||||
| 1 | regardless of where the call is billed or paid; | ||||||
| 2 | (b) If the location in line (a) is not known, | ||||||
| 3 | service address means the origination point of the | ||||||
| 4 | signal of the telecommunications services first | ||||||
| 5 | identified by either the seller's | ||||||
| 6 | telecommunications system or in information | ||||||
| 7 | received by the seller from its service provider | ||||||
| 8 | where the system used to transport such signals is | ||||||
| 9 | not that of the seller; and | ||||||
| 10 | (c) If the locations in line (a) and line (b) | ||||||
| 11 | are not known, the service address means the | ||||||
| 12 | location of the customer's place of primary use. | ||||||
| 13 | "Telecommunications service" means the electronic | ||||||
| 14 | transmission, conveyance, or routing of voice, data, | ||||||
| 15 | audio, video, or any other information or signals to a | ||||||
| 16 | point, or between or among points. The term | ||||||
| 17 | "telecommunications service" includes such | ||||||
| 18 | transmission, conveyance, or routing in which computer | ||||||
| 19 | processing applications are used to act on the form, | ||||||
| 20 | code or protocol of the content for purposes of | ||||||
| 21 | transmission, conveyance or routing without regard to | ||||||
| 22 | whether such service is referred to as voice over | ||||||
| 23 | Internet protocol services or is classified by the | ||||||
| 24 | Federal Communications Commission as enhanced or value | ||||||
| 25 | added. "Telecommunications service" does not include: | ||||||
| 26 | (a) Data processing and information services | ||||||
| |||||||
| |||||||
| 1 | that allow data to be generated, acquired, stored, | ||||||
| 2 | processed, or retrieved and delivered by an | ||||||
| 3 | electronic transmission to a purchaser when such | ||||||
| 4 | purchaser's primary purpose for the underlying | ||||||
| 5 | transaction is the processed data or information; | ||||||
| 6 | (b) Installation or maintenance of wiring or | ||||||
| 7 | equipment on a customer's premises; | ||||||
| 8 | (c) Tangible personal property; | ||||||
| 9 | (d) Advertising, including, but not limited | ||||||
| 10 | to, directory advertising; | ||||||
| 11 | (e) Billing and collection services provided | ||||||
| 12 | to third parties; | ||||||
| 13 | (f) Internet access service; | ||||||
| 14 | (g) Radio and television audio and video | ||||||
| 15 | programming services, regardless of the medium, | ||||||
| 16 | including the furnishing of transmission, | ||||||
| 17 | conveyance and routing of such services by the | ||||||
| 18 | programming service provider. Radio and television | ||||||
| 19 | audio and video programming services shall | ||||||
| 20 | include, but not be limited to, cable service as | ||||||
| 21 | defined in 47 USC 522(6) and audio and video | ||||||
| 22 | programming services delivered by commercial | ||||||
| 23 | mobile radio service providers, as defined in 47 | ||||||
| 24 | CFR 20.3; | ||||||
| 25 | (h) "Ancillary services"; or | ||||||
| 26 | (i) Digital products "delivered | ||||||
| |||||||
| |||||||
| 1 | electronically", including, but not limited to, | ||||||
| 2 | software, music, video, reading materials or | ||||||
| 3 | ringtones ring tones. | ||||||
| 4 | "Vertical service" means an "ancillary service" | ||||||
| 5 | that is offered in connection with one or more | ||||||
| 6 | "telecommunications services", which offers advanced | ||||||
| 7 | calling features that allow customers to identify | ||||||
| 8 | callers and to manage multiple calls and call | ||||||
| 9 | connections, including "conference bridging services". | ||||||
| 10 | "Voice mail service" means an "ancillary service" | ||||||
| 11 | that enables the customer to store, send or receive | ||||||
| 12 | recorded messages. "Voice mail service" does not | ||||||
| 13 | include any "vertical services" that the customer may | ||||||
| 14 | be required to have in order to utilize the "voice mail | ||||||
| 15 | service". | ||||||
| 16 | (ii) Receipts from the sale of telecommunications | ||||||
| 17 | service sold on an individual call-by-call basis are | ||||||
| 18 | in this State if either of the following applies: | ||||||
| 19 | (a) The call both originates and terminates in | ||||||
| 20 | this State. | ||||||
| 21 | (b) The call either originates or terminates | ||||||
| 22 | in this State and the service address is located | ||||||
| 23 | in this State. | ||||||
| 24 | (iii) Receipts from the sale of postpaid | ||||||
| 25 | telecommunications service at retail are in this State | ||||||
| 26 | if the origination point of the telecommunication | ||||||
| |||||||
| |||||||
| 1 | signal, as first identified by the service provider's | ||||||
| 2 | telecommunication system or as identified by | ||||||
| 3 | information received by the seller from its service | ||||||
| 4 | provider if the system used to transport | ||||||
| 5 | telecommunication signals is not the seller's, is | ||||||
| 6 | located in this State. | ||||||
| 7 | (iv) Receipts from the sale of prepaid | ||||||
| 8 | telecommunications service or prepaid mobile | ||||||
| 9 | telecommunications service at retail are in this State | ||||||
| 10 | if the purchaser obtains the prepaid card or similar | ||||||
| 11 | means of conveyance at a location in this State. | ||||||
| 12 | Receipts from recharging a prepaid telecommunications | ||||||
| 13 | service or mobile telecommunications service is in | ||||||
| 14 | this State if the purchaser's billing information | ||||||
| 15 | indicates a location in this State. | ||||||
| 16 | (v) Receipts from the sale of private | ||||||
| 17 | communication services are in this State as follows: | ||||||
| 18 | (a) 100% of receipts from charges imposed at | ||||||
| 19 | each channel termination point in this State. | ||||||
| 20 | (b) 100% of receipts from charges for the | ||||||
| 21 | total channel mileage between each channel | ||||||
| 22 | termination point in this State. | ||||||
| 23 | (c) 50% of the total receipts from charges for | ||||||
| 24 | service segments when those segments are between 2 | ||||||
| 25 | customer channel termination points, 1 of which is | ||||||
| 26 | located in this State and the other is located | ||||||
| |||||||
| |||||||
| 1 | outside of this State, which segments are | ||||||
| 2 | separately charged. | ||||||
| 3 | (d) The receipts from charges for service | ||||||
| 4 | segments with a channel termination point located | ||||||
| 5 | in this State and in two or more other states, and | ||||||
| 6 | which segments are not separately billed, are in | ||||||
| 7 | this State based on a percentage determined by | ||||||
| 8 | dividing the number of customer channel | ||||||
| 9 | termination points in this State by the total | ||||||
| 10 | number of customer channel termination points. | ||||||
| 11 | (vi) Receipts from charges for ancillary services | ||||||
| 12 | for telecommunications service sold to customers at | ||||||
| 13 | retail are in this State if the customer's primary | ||||||
| 14 | place of use of telecommunications services associated | ||||||
| 15 | with those ancillary services is in this State. If the | ||||||
| 16 | seller of those ancillary services cannot determine | ||||||
| 17 | where the associated telecommunications are located, | ||||||
| 18 | then the ancillary services shall be based on the | ||||||
| 19 | location of the purchaser. | ||||||
| 20 | (vii) Receipts to access a carrier's network or | ||||||
| 21 | from the sale of telecommunication services or | ||||||
| 22 | ancillary services for resale are in this State as | ||||||
| 23 | follows: | ||||||
| 24 | (a) 100% of the receipts from access fees | ||||||
| 25 | attributable to intrastate telecommunications | ||||||
| 26 | service that both originates and terminates in | ||||||
| |||||||
| |||||||
| 1 | this State. | ||||||
| 2 | (b) 50% of the receipts from access fees | ||||||
| 3 | attributable to interstate telecommunications | ||||||
| 4 | service if the interstate call either originates | ||||||
| 5 | or terminates in this State. | ||||||
| 6 | (c) 100% of the receipts from interstate end | ||||||
| 7 | user access line charges, if the customer's | ||||||
| 8 | service address is in this State. As used in this | ||||||
| 9 | subdivision, "interstate end user access line | ||||||
| 10 | charges" includes, but is not limited to, the | ||||||
| 11 | surcharge approved by the federal communications | ||||||
| 12 | commission and levied pursuant to 47 CFR 69. | ||||||
| 13 | (d) Gross receipts from sales of | ||||||
| 14 | telecommunication services or from ancillary | ||||||
| 15 | services for telecommunications services sold to | ||||||
| 16 | other telecommunication service providers for | ||||||
| 17 | resale shall be sourced to this State using the | ||||||
| 18 | apportionment concepts used for non-resale | ||||||
| 19 | receipts of telecommunications services if the | ||||||
| 20 | information is readily available to make that | ||||||
| 21 | determination. If the information is not readily | ||||||
| 22 | available, then the taxpayer may use any other | ||||||
| 23 | reasonable and consistent method. | ||||||
| 24 | (B-7) For taxable years ending on or after December | ||||||
| 25 | 31, 2008, receipts from the sale of broadcasting services | ||||||
| 26 | are in this State if the broadcasting services are | ||||||
| |||||||
| |||||||
| 1 | received in this State. For purposes of this paragraph | ||||||
| 2 | (B-7), the following terms have the following meanings: | ||||||
| 3 | "Advertising revenue" means consideration received | ||||||
| 4 | by the taxpayer in exchange for broadcasting services | ||||||
| 5 | or allowing the broadcasting of commercials or | ||||||
| 6 | announcements in connection with the broadcasting of | ||||||
| 7 | film or radio programming, from sponsorships of the | ||||||
| 8 | programming, or from product placements in the | ||||||
| 9 | programming. | ||||||
| 10 | "Audience factor" means the ratio that the | ||||||
| 11 | audience or subscribers located in this State of a | ||||||
| 12 | station, a network, or a cable system bears to the | ||||||
| 13 | total audience or total subscribers for that station, | ||||||
| 14 | network, or cable system. The audience factor for film | ||||||
| 15 | or radio programming shall be determined by reference | ||||||
| 16 | to the books and records of the taxpayer or by | ||||||
| 17 | reference to published rating statistics provided the | ||||||
| 18 | method used by the taxpayer is consistently used from | ||||||
| 19 | year to year for this purpose and fairly represents | ||||||
| 20 | the taxpayer's activity in this State. | ||||||
| 21 | "Broadcast" or "broadcasting" or "broadcasting | ||||||
| 22 | services" means the transmission or provision of film | ||||||
| 23 | or radio programming, whether through the public | ||||||
| 24 | airwaves, by cable, by direct or indirect satellite | ||||||
| 25 | transmission, or by any other means of communication, | ||||||
| 26 | either through a station, a network, or a cable | ||||||
| |||||||
| |||||||
| 1 | system. | ||||||
| 2 | "Film" or "film programming" means the broadcast | ||||||
| 3 | on television of any and all performances, events, or | ||||||
| 4 | productions, including, but not limited to, news, | ||||||
| 5 | sporting events, plays, stories, or other literary, | ||||||
| 6 | commercial, educational, or artistic works, either | ||||||
| 7 | live or through the use of video tape, disc, or any | ||||||
| 8 | other type of format or medium. Each episode of a | ||||||
| 9 | series of films produced for television shall | ||||||
| 10 | constitute a separate "film" notwithstanding that the | ||||||
| 11 | series relates to the same principal subject and is | ||||||
| 12 | produced during one or more tax periods. | ||||||
| 13 | "Radio" or "radio programming" means the broadcast | ||||||
| 14 | on radio of any and all performances, events, or | ||||||
| 15 | productions, including, but not limited to, news, | ||||||
| 16 | sporting events, plays, stories, or other literary, | ||||||
| 17 | commercial, educational, or artistic works, either | ||||||
| 18 | live or through the use of an audio tape, disc, or any | ||||||
| 19 | other format or medium. Each episode in a series of | ||||||
| 20 | radio programming produced for radio broadcast shall | ||||||
| 21 | constitute a separate "radio programming" | ||||||
| 22 | notwithstanding that the series relates to the same | ||||||
| 23 | principal subject and is produced during one or more | ||||||
| 24 | tax periods. | ||||||
| 25 | (i) In the case of advertising revenue from | ||||||
| 26 | broadcasting, the customer is the advertiser and | ||||||
| |||||||
| |||||||
| 1 | the service is received in this State if the | ||||||
| 2 | commercial domicile of the advertiser is in this | ||||||
| 3 | State. | ||||||
| 4 | (ii) In the case where film or radio | ||||||
| 5 | programming is broadcast by a station, a network, | ||||||
| 6 | or a cable system for a fee or other remuneration | ||||||
| 7 | received from the recipient of the broadcast, the | ||||||
| 8 | portion of the service that is received in this | ||||||
| 9 | State is measured by the portion of the recipients | ||||||
| 10 | of the broadcast located in this State. | ||||||
| 11 | Accordingly, the fee or other remuneration for | ||||||
| 12 | such service that is included in the Illinois | ||||||
| 13 | numerator of the sales factor is the total of | ||||||
| 14 | those fees or other remuneration received from | ||||||
| 15 | recipients in Illinois. For purposes of this | ||||||
| 16 | paragraph, a taxpayer may determine the location | ||||||
| 17 | of the recipients of its broadcast using the | ||||||
| 18 | address of the recipient shown in its contracts | ||||||
| 19 | with the recipient or using the billing address of | ||||||
| 20 | the recipient in the taxpayer's records. | ||||||
| 21 | (iii) In the case where film or radio | ||||||
| 22 | programming is broadcast by a station, a network, | ||||||
| 23 | or a cable system for a fee or other remuneration | ||||||
| 24 | from the person providing the programming, the | ||||||
| 25 | portion of the broadcast service that is received | ||||||
| 26 | by such station, network, or cable system in this | ||||||
| |||||||
| |||||||
| 1 | State is measured by the portion of recipients of | ||||||
| 2 | the broadcast located in this State. Accordingly, | ||||||
| 3 | the amount of revenue related to such an | ||||||
| 4 | arrangement that is included in the Illinois | ||||||
| 5 | numerator of the sales factor is the total fee or | ||||||
| 6 | other total remuneration from the person providing | ||||||
| 7 | the programming related to that broadcast | ||||||
| 8 | multiplied by the Illinois audience factor for | ||||||
| 9 | that broadcast. | ||||||
| 10 | (iv) In the case where film or radio | ||||||
| 11 | programming is provided by a taxpayer that is a | ||||||
| 12 | network or station to a customer for broadcast in | ||||||
| 13 | exchange for a fee or other remuneration from that | ||||||
| 14 | customer the broadcasting service is received at | ||||||
| 15 | the location of the office of the customer from | ||||||
| 16 | which the services were ordered in the regular | ||||||
| 17 | course of the customer's trade or business. | ||||||
| 18 | Accordingly, in such a case the revenue derived by | ||||||
| 19 | the taxpayer that is included in the taxpayer's | ||||||
| 20 | Illinois numerator of the sales factor is the | ||||||
| 21 | revenue from such customers who receive the | ||||||
| 22 | broadcasting service in Illinois. | ||||||
| 23 | (v) In the case where film or radio | ||||||
| 24 | programming is provided by a taxpayer that is not | ||||||
| 25 | a network or station to another person for | ||||||
| 26 | broadcasting in exchange for a fee or other | ||||||
| |||||||
| |||||||
| 1 | remuneration from that person, the broadcasting | ||||||
| 2 | service is received at the location of the office | ||||||
| 3 | of the customer from which the services were | ||||||
| 4 | ordered in the regular course of the customer's | ||||||
| 5 | trade or business. Accordingly, in such a case the | ||||||
| 6 | revenue derived by the taxpayer that is included | ||||||
| 7 | in the taxpayer's Illinois numerator of the sales | ||||||
| 8 | factor is the revenue from such customers who | ||||||
| 9 | receive the broadcasting service in Illinois. | ||||||
| 10 | (B-8) Gross receipts from winnings under the Illinois | ||||||
| 11 | Lottery Law from the assignment of a prize under Section | ||||||
| 12 | 13.1 of the Illinois Lottery Law are received in this | ||||||
| 13 | State. This paragraph (B-8) applies only to taxable years | ||||||
| 14 | ending on or after December 31, 2013. | ||||||
| 15 | (B-9) For taxable years ending on or after December | ||||||
| 16 | 31, 2019, gross receipts from winnings from pari-mutuel | ||||||
| 17 | wagering conducted at a wagering facility licensed under | ||||||
| 18 | the Illinois Horse Racing Act of 1975 or from winnings | ||||||
| 19 | from gambling games conducted on a riverboat or in a | ||||||
| 20 | casino or organization gaming facility licensed under the | ||||||
| 21 | Illinois Gambling Act are in this State. | ||||||
| 22 | (B-10) For taxable years ending on or after December | ||||||
| 23 | 31, 2021, gross receipts from winnings from sports | ||||||
| 24 | wagering conducted in accordance with the Sports Wagering | ||||||
| 25 | Act are in this State. | ||||||
| 26 | (C) For taxable years ending before December 31, 2008, | ||||||
| |||||||
| |||||||
| 1 | sales, other than sales governed by paragraphs (B), (B-1), | ||||||
| 2 | (B-2), and (B-8) are in this State if: | ||||||
| 3 | (i) The income-producing activity is performed in | ||||||
| 4 | this State; or | ||||||
| 5 | (ii) The income-producing activity is performed | ||||||
| 6 | both within and without this State and a greater | ||||||
| 7 | proportion of the income-producing activity is | ||||||
| 8 | performed within this State than without this State, | ||||||
| 9 | based on performance costs. | ||||||
| 10 | (C-5) For taxable years ending on or after December | ||||||
| 11 | 31, 2008, sales, other than sales governed by paragraphs | ||||||
| 12 | (B), (B-1), (B-2), (B-5), and (B-7), are in this State if | ||||||
| 13 | any of the following criteria are met: | ||||||
| 14 | (i) Sales from the sale or lease of real property | ||||||
| 15 | are in this State if the property is located in this | ||||||
| 16 | State. | ||||||
| 17 | (ii) Sales from the lease or rental of tangible | ||||||
| 18 | personal property are in this State if the property is | ||||||
| 19 | located in this State during the rental period. Sales | ||||||
| 20 | from the lease or rental of tangible personal property | ||||||
| 21 | that is characteristically moving property, including, | ||||||
| 22 | but not limited to, motor vehicles, rolling stock, | ||||||
| 23 | aircraft, vessels, or mobile equipment are in this | ||||||
| 24 | State to the extent that the property is used in this | ||||||
| 25 | State. | ||||||
| 26 | (iii) In the case of interest, net gains (but not | ||||||
| |||||||
| |||||||
| 1 | less than zero) and other items of income from | ||||||
| 2 | intangible personal property, the sale is in this | ||||||
| 3 | State if: | ||||||
| 4 | (a) in the case of a taxpayer who is a dealer | ||||||
| 5 | in the item of intangible personal property within | ||||||
| 6 | the meaning of Section 475 of the Internal Revenue | ||||||
| 7 | Code, the income or gain is received from a | ||||||
| 8 | customer in this State. For purposes of this | ||||||
| 9 | subparagraph, a customer is in this State if the | ||||||
| 10 | customer is an individual, trust or estate who is | ||||||
| 11 | a resident of this State and, for all other | ||||||
| 12 | customers, if the customer's commercial domicile | ||||||
| 13 | is in this State. Unless the dealer has actual | ||||||
| 14 | knowledge of the residence or commercial domicile | ||||||
| 15 | of a customer during a taxable year, the customer | ||||||
| 16 | shall be deemed to be a customer in this State if | ||||||
| 17 | the billing address of the customer, as shown in | ||||||
| 18 | the records of the dealer, is in this State; or | ||||||
| 19 | (b) in all other cases, if the | ||||||
| 20 | income-producing activity of the taxpayer is | ||||||
| 21 | performed in this State or, if the | ||||||
| 22 | income-producing activity of the taxpayer is | ||||||
| 23 | performed both within and without this State, if a | ||||||
| 24 | greater proportion of the income-producing | ||||||
| 25 | activity of the taxpayer is performed within this | ||||||
| 26 | State than in any other state, based on | ||||||
| |||||||
| |||||||
| 1 | performance costs. | ||||||
| 2 | (iv) Sales of services are in this State if the | ||||||
| 3 | services are received in this State. For the purposes | ||||||
| 4 | of this section, gross receipts from the performance | ||||||
| 5 | of services provided to a corporation, partnership, or | ||||||
| 6 | trust may only be attributed to a state where that | ||||||
| 7 | corporation, partnership, or trust has a fixed place | ||||||
| 8 | of business. If the state where the services are | ||||||
| 9 | received is not readily determinable or is a state | ||||||
| 10 | where the corporation, partnership, or trust receiving | ||||||
| 11 | the service does not have a fixed place of business, | ||||||
| 12 | the services shall be deemed to be received at the | ||||||
| 13 | location of the office of the customer from which the | ||||||
| 14 | services were ordered in the regular course of the | ||||||
| 15 | customer's trade or business. If the ordering office | ||||||
| 16 | cannot be determined, the services shall be deemed to | ||||||
| 17 | be received at the office of the customer to which the | ||||||
| 18 | services are billed. If the taxpayer is not taxable in | ||||||
| 19 | the state in which the services are received, the sale | ||||||
| 20 | must be excluded from both the numerator and the | ||||||
| 21 | denominator of the sales factor. The Department shall | ||||||
| 22 | adopt rules prescribing where specific types of | ||||||
| 23 | service are received, including, but not limited to, | ||||||
| 24 | publishing, and utility service. | ||||||
| 25 | (D) For taxable years ending on or after December 31, | ||||||
| 26 | 1995, the following items of income shall not be included | ||||||
| |||||||
| |||||||
| 1 | in the numerator or denominator of the sales factor: | ||||||
| 2 | dividends; amounts included under Section 78 of the | ||||||
| 3 | Internal Revenue Code; and Subpart F income as defined in | ||||||
| 4 | Section 952 of the Internal Revenue Code. No inference | ||||||
| 5 | shall be drawn from the enactment of this paragraph (D) in | ||||||
| 6 | construing this Section for taxable years ending before | ||||||
| 7 | December 31, 1995. | ||||||
| 8 | (E) Paragraphs (B-1) and (B-2) shall apply to tax | ||||||
| 9 | years ending on or after December 31, 1999, provided that | ||||||
| 10 | a taxpayer may elect to apply the provisions of these | ||||||
| 11 | paragraphs to prior tax years. Such election shall be made | ||||||
| 12 | in the form and manner prescribed by the Department, shall | ||||||
| 13 | be irrevocable, and shall apply to all tax years; provided | ||||||
| 14 | that, if a taxpayer's Illinois income tax liability for | ||||||
| 15 | any tax year, as assessed under Section 903 prior to | ||||||
| 16 | January 1, 1999, was computed in a manner contrary to the | ||||||
| 17 | provisions of paragraphs (B-1) or (B-2), no refund shall | ||||||
| 18 | be payable to the taxpayer for that tax year to the extent | ||||||
| 19 | such refund is the result of applying the provisions of | ||||||
| 20 | paragraph (B-1) or (B-2) retroactively. In the case of a | ||||||
| 21 | unitary business group, such election shall apply to all | ||||||
| 22 | members of such group for every tax year such group is in | ||||||
| 23 | existence, but shall not apply to any taxpayer for any | ||||||
| 24 | period during which that taxpayer is not a member of such | ||||||
| 25 | group. | ||||||
| 26 | (b) Insurance companies. | ||||||
| |||||||
| |||||||
| 1 | (1) In general. Except as otherwise provided by | ||||||
| 2 | paragraph (2), business income of an insurance company for | ||||||
| 3 | a taxable year shall be apportioned to this State by | ||||||
| 4 | multiplying such income by a fraction, the numerator of | ||||||
| 5 | which is the direct premiums written for insurance upon | ||||||
| 6 | property or risk in this State, and the denominator of | ||||||
| 7 | which is the direct premiums written for insurance upon | ||||||
| 8 | property or risk everywhere. For purposes of this | ||||||
| 9 | subsection, the term "direct premiums written" means the | ||||||
| 10 | total amount of direct premiums written, assessments and | ||||||
| 11 | annuity considerations as reported for the taxable year on | ||||||
| 12 | the annual statement filed by the company with the | ||||||
| 13 | Illinois Director of Insurance in the form approved by the | ||||||
| 14 | National Convention of Insurance Commissioners or such | ||||||
| 15 | other form as may be prescribed in lieu thereof. | ||||||
| 16 | (2) Reinsurance. If the principal source of premiums | ||||||
| 17 | written by an insurance company consists of premiums for | ||||||
| 18 | reinsurance accepted by it, the business income of such | ||||||
| 19 | company shall be apportioned to this State by multiplying | ||||||
| 20 | such income by a fraction, the numerator of which is the | ||||||
| 21 | sum of (i) direct premiums written for insurance upon | ||||||
| 22 | property or risk in this State, plus (ii) premiums written | ||||||
| 23 | for reinsurance accepted in respect of property or risk in | ||||||
| 24 | this State, and the denominator of which is the sum of | ||||||
| 25 | (iii) direct premiums written for insurance upon property | ||||||
| 26 | or risk everywhere, plus (iv) premiums written for | ||||||
| |||||||
| |||||||
| 1 | reinsurance accepted in respect of property or risk | ||||||
| 2 | everywhere. For purposes of this paragraph, premiums | ||||||
| 3 | written for reinsurance accepted in respect of property or | ||||||
| 4 | risk in this State, whether or not otherwise determinable, | ||||||
| 5 | may, at the election of the company, be determined on the | ||||||
| 6 | basis of the proportion which premiums written for | ||||||
| 7 | reinsurance accepted from companies commercially domiciled | ||||||
| 8 | in Illinois bears to premiums written for reinsurance | ||||||
| 9 | accepted from all sources, or, alternatively, in the | ||||||
| 10 | proportion which the sum of the direct premiums written | ||||||
| 11 | for insurance upon property or risk in this State by each | ||||||
| 12 | ceding company from which reinsurance is accepted bears to | ||||||
| 13 | the sum of the total direct premiums written by each such | ||||||
| 14 | ceding company for the taxable year. The election made by | ||||||
| 15 | a company under this paragraph for its first taxable year | ||||||
| 16 | ending on or after December 31, 2011, shall be binding for | ||||||
| 17 | that company for that taxable year and for all subsequent | ||||||
| 18 | taxable years, and may be altered only with the written | ||||||
| 19 | permission of the Department, which shall not be | ||||||
| 20 | unreasonably withheld. | ||||||
| 21 | (c) Financial organizations. | ||||||
| 22 | (1) In general. For taxable years ending before | ||||||
| 23 | December 31, 2008, business income of a financial | ||||||
| 24 | organization shall be apportioned to this State by | ||||||
| 25 | multiplying such income by a fraction, the numerator of | ||||||
| 26 | which is its business income from sources within this | ||||||
| |||||||
| |||||||
| 1 | State, and the denominator of which is its business income | ||||||
| 2 | from all sources. For the purposes of this subsection, the | ||||||
| 3 | business income of a financial organization from sources | ||||||
| 4 | within this State is the sum of the amounts referred to in | ||||||
| 5 | subparagraphs (A) through (E) following, but excluding the | ||||||
| 6 | adjusted income of an international banking facility as | ||||||
| 7 | determined in paragraph (2): | ||||||
| 8 | (A) Fees, commissions or other compensation for | ||||||
| 9 | financial services rendered within this State; | ||||||
| 10 | (B) Gross profits from trading in stocks, bonds or | ||||||
| 11 | other securities managed within this State; | ||||||
| 12 | (C) Dividends, and interest from Illinois | ||||||
| 13 | customers, which are received within this State; | ||||||
| 14 | (D) Interest charged to customers at places of | ||||||
| 15 | business maintained within this State for carrying | ||||||
| 16 | debit balances of margin accounts, without deduction | ||||||
| 17 | of any costs incurred in carrying such accounts; and | ||||||
| 18 | (E) Any other gross income resulting from the | ||||||
| 19 | operation as a financial organization within this | ||||||
| 20 | State. | ||||||
| 21 | In computing the amounts referred to in paragraphs (A) | ||||||
| 22 | through (E) of this subsection, any amount received by a | ||||||
| 23 | member of an affiliated group (determined under Section | ||||||
| 24 | 1504(a) of the Internal Revenue Code but without reference | ||||||
| 25 | to whether any such corporation is an "includible | ||||||
| 26 | corporation" under Section 1504(b) of the Internal Revenue | ||||||
| |||||||
| |||||||
| 1 | Code) from another member of such group shall be included | ||||||
| 2 | only to the extent such amount exceeds expenses of the | ||||||
| 3 | recipient directly related thereto. | ||||||
| 4 | (2) International Banking Facility. For taxable years | ||||||
| 5 | ending before December 31, 2008: | ||||||
| 6 | (A) Adjusted Income. The adjusted income of an | ||||||
| 7 | international banking facility is its income reduced | ||||||
| 8 | by the amount of the floor amount. | ||||||
| 9 | (B) Floor Amount. The floor amount shall be the | ||||||
| 10 | amount, if any, determined by multiplying the income | ||||||
| 11 | of the international banking facility by a fraction, | ||||||
| 12 | not greater than one, which is determined as follows: | ||||||
| 13 | (i) The numerator shall be: | ||||||
| 14 | The average aggregate, determined on a | ||||||
| 15 | quarterly basis, of the financial organization's | ||||||
| 16 | loans to banks in foreign countries, to foreign | ||||||
| 17 | domiciled borrowers (except where secured | ||||||
| 18 | primarily by real estate) and to foreign | ||||||
| 19 | governments and other foreign official | ||||||
| 20 | institutions, as reported for its branches, | ||||||
| 21 | agencies and offices within the state on its | ||||||
| 22 | "Consolidated Report of Condition", Schedule A, | ||||||
| 23 | Lines 2.c., 5.b., and 7.a., which was filed with | ||||||
| 24 | the Federal Deposit Insurance Corporation and | ||||||
| 25 | other regulatory authorities, for the year 1980, | ||||||
| 26 | minus | ||||||
| |||||||
| |||||||
| 1 | The average aggregate, determined on a | ||||||
| 2 | quarterly basis, of such loans (other than loans | ||||||
| 3 | of an international banking facility), as reported | ||||||
| 4 | by the financial institution for its branches, | ||||||
| 5 | agencies and offices within the state, on the | ||||||
| 6 | corresponding Schedule and lines of the | ||||||
| 7 | Consolidated Report of Condition for the current | ||||||
| 8 | taxable year, provided, however, that in no case | ||||||
| 9 | shall the amount determined in this clause (the | ||||||
| 10 | subtrahend) exceed the amount determined in the | ||||||
| 11 | preceding clause (the minuend); and | ||||||
| 12 | (ii) the denominator shall be the average | ||||||
| 13 | aggregate, determined on a quarterly basis, of the | ||||||
| 14 | international banking facility's loans to banks in | ||||||
| 15 | foreign countries, to foreign domiciled borrowers | ||||||
| 16 | (except where secured primarily by real estate) | ||||||
| 17 | and to foreign governments and other foreign | ||||||
| 18 | official institutions, which were recorded in its | ||||||
| 19 | financial accounts for the current taxable year. | ||||||
| 20 | (C) Change to Consolidated Report of Condition and | ||||||
| 21 | in Qualification. In the event the Consolidated Report | ||||||
| 22 | of Condition which is filed with the Federal Deposit | ||||||
| 23 | Insurance Corporation and other regulatory authorities | ||||||
| 24 | is altered so that the information required for | ||||||
| 25 | determining the floor amount is not found on Schedule | ||||||
| 26 | A, lines 2.c., 5.b. and 7.a., the financial | ||||||
| |||||||
| |||||||
| 1 | institution shall notify the Department and the | ||||||
| 2 | Department may, by regulations or otherwise, prescribe | ||||||
| 3 | or authorize the use of an alternative source for such | ||||||
| 4 | information. The financial institution shall also | ||||||
| 5 | notify the Department should its international banking | ||||||
| 6 | facility fail to qualify as such, in whole or in part, | ||||||
| 7 | or should there be any amendment or change to the | ||||||
| 8 | Consolidated Report of Condition, as originally filed, | ||||||
| 9 | to the extent such amendment or change alters the | ||||||
| 10 | information used in determining the floor amount. | ||||||
| 11 | (3) For taxable years ending on or after December 31, | ||||||
| 12 | 2008, the business income of a financial organization | ||||||
| 13 | shall be apportioned to this State by multiplying such | ||||||
| 14 | income by a fraction, the numerator of which is its gross | ||||||
| 15 | receipts from sources in this State or otherwise | ||||||
| 16 | attributable to this State's marketplace and the | ||||||
| 17 | denominator of which is its gross receipts everywhere | ||||||
| 18 | during the taxable year. "Gross receipts" for purposes of | ||||||
| 19 | this subparagraph (3) means gross income, including net | ||||||
| 20 | taxable gain on disposition of assets, including | ||||||
| 21 | securities and money market instruments, when derived from | ||||||
| 22 | transactions and activities in the regular course of the | ||||||
| 23 | financial organization's trade or business. The following | ||||||
| 24 | examples are illustrative: | ||||||
| 25 | (i) Receipts from the lease or rental of real or | ||||||
| 26 | tangible personal property are in this State if the | ||||||
| |||||||
| |||||||
| 1 | property is located in this State during the rental | ||||||
| 2 | period. Receipts from the lease or rental of tangible | ||||||
| 3 | personal property that is characteristically moving | ||||||
| 4 | property, including, but not limited to, motor | ||||||
| 5 | vehicles, rolling stock, aircraft, vessels, or mobile | ||||||
| 6 | equipment are from sources in this State to the extent | ||||||
| 7 | that the property is used in this State. | ||||||
| 8 | (ii) Interest income, commissions, fees, gains on | ||||||
| 9 | disposition, and other receipts from assets in the | ||||||
| 10 | nature of loans that are secured primarily by real | ||||||
| 11 | estate or tangible personal property are from sources | ||||||
| 12 | in this State if the security is located in this State. | ||||||
| 13 | (iii) Interest income, commissions, fees, gains on | ||||||
| 14 | disposition, and other receipts from consumer loans | ||||||
| 15 | that are not secured by real or tangible personal | ||||||
| 16 | property are from sources in this State if the debtor | ||||||
| 17 | is a resident of this State. | ||||||
| 18 | (iv) Interest income, commissions, fees, gains on | ||||||
| 19 | disposition, and other receipts from commercial loans | ||||||
| 20 | and installment obligations that are not secured by | ||||||
| 21 | real or tangible personal property are from sources in | ||||||
| 22 | this State if the proceeds of the loan are to be | ||||||
| 23 | applied in this State. If it cannot be determined | ||||||
| 24 | where the funds are to be applied, the income and | ||||||
| 25 | receipts are from sources in this State if the office | ||||||
| 26 | of the borrower from which the loan was negotiated in | ||||||
| |||||||
| |||||||
| 1 | the regular course of business is located in this | ||||||
| 2 | State. If the location of this office cannot be | ||||||
| 3 | determined, the income and receipts shall be excluded | ||||||
| 4 | from the numerator and denominator of the sales | ||||||
| 5 | factor. | ||||||
| 6 | (v) Interest income, fees, gains on disposition, | ||||||
| 7 | service charges, merchant discount income, and other | ||||||
| 8 | receipts from credit card receivables are from sources | ||||||
| 9 | in this State if the card charges are regularly billed | ||||||
| 10 | to a customer in this State. | ||||||
| 11 | (vi) Receipts from the performance of services, | ||||||
| 12 | including, but not limited to, fiduciary, advisory, | ||||||
| 13 | and brokerage services, are in this State if the | ||||||
| 14 | services are received in this State within the meaning | ||||||
| 15 | of subparagraph (a)(3)(C-5)(iv) of this Section. | ||||||
| 16 | (vii) Receipts from the issuance of travelers | ||||||
| 17 | checks and money orders are from sources in this State | ||||||
| 18 | if the checks and money orders are issued from a | ||||||
| 19 | location within this State. | ||||||
| 20 | (viii) For tax years ending before December 31, | ||||||
| 21 | 2024, receipts from investment assets and activities | ||||||
| 22 | and trading assets and activities are included in the | ||||||
| 23 | receipts factor as follows: | ||||||
| 24 | (1) Interest, dividends, net gains (but not | ||||||
| 25 | less than zero) and other income from investment | ||||||
| 26 | assets and activities from trading assets and | ||||||
| |||||||
| |||||||
| 1 | activities shall be included in the receipts | ||||||
| 2 | factor. Investment assets and activities and | ||||||
| 3 | trading assets and activities include, but are not | ||||||
| 4 | limited to: investment securities; trading account | ||||||
| 5 | assets; federal funds; securities purchased and | ||||||
| 6 | sold under agreements to resell or repurchase; | ||||||
| 7 | options; futures contracts; forward contracts; | ||||||
| 8 | notional principal contracts such as swaps; | ||||||
| 9 | equities; and foreign currency transactions. With | ||||||
| 10 | respect to the investment and trading assets and | ||||||
| 11 | activities described in subparagraphs (A) and (B) | ||||||
| 12 | of this paragraph, the receipts factor shall | ||||||
| 13 | include the amounts described in such | ||||||
| 14 | subparagraphs. | ||||||
| 15 | (A) The receipts factor shall include the | ||||||
| 16 | amount by which interest from federal funds | ||||||
| 17 | sold and securities purchased under resale | ||||||
| 18 | agreements exceeds interest expense on federal | ||||||
| 19 | funds purchased and securities sold under | ||||||
| 20 | repurchase agreements. | ||||||
| 21 | (B) The receipts factor shall include the | ||||||
| 22 | amount by which interest, dividends, gains and | ||||||
| 23 | other income from trading assets and | ||||||
| 24 | activities, including, but not limited to, | ||||||
| 25 | assets and activities in the matched book, in | ||||||
| 26 | the arbitrage book, and foreign currency | ||||||
| |||||||
| |||||||
| 1 | transactions, exceed amounts paid in lieu of | ||||||
| 2 | interest, amounts paid in lieu of dividends, | ||||||
| 3 | and losses from such assets and activities. | ||||||
| 4 | (2) The numerator of the receipts factor | ||||||
| 5 | includes interest, dividends, net gains (but not | ||||||
| 6 | less than zero), and other income from investment | ||||||
| 7 | assets and activities and from trading assets and | ||||||
| 8 | activities described in paragraph (1) of this | ||||||
| 9 | subsection that are attributable to this State. | ||||||
| 10 | (A) The amount of interest, dividends, net | ||||||
| 11 | gains (but not less than zero), and other | ||||||
| 12 | income from investment assets and activities | ||||||
| 13 | in the investment account to be attributed to | ||||||
| 14 | this State and included in the numerator is | ||||||
| 15 | determined by multiplying all such income from | ||||||
| 16 | such assets and activities by a fraction, the | ||||||
| 17 | numerator of which is the gross income from | ||||||
| 18 | such assets and activities which are properly | ||||||
| 19 | assigned to a fixed place of business of the | ||||||
| 20 | taxpayer within this State and the denominator | ||||||
| 21 | of which is the gross income from all such | ||||||
| 22 | assets and activities. | ||||||
| 23 | (B) The amount of interest from federal | ||||||
| 24 | funds sold and purchased and from securities | ||||||
| 25 | purchased under resale agreements and | ||||||
| 26 | securities sold under repurchase agreements | ||||||
| |||||||
| |||||||
| 1 | attributable to this State and included in the | ||||||
| 2 | numerator is determined by multiplying the | ||||||
| 3 | amount described in subparagraph (A) of | ||||||
| 4 | paragraph (1) of this subsection from such | ||||||
| 5 | funds and such securities by a fraction, the | ||||||
| 6 | numerator of which is the gross income from | ||||||
| 7 | such funds and such securities which are | ||||||
| 8 | properly assigned to a fixed place of business | ||||||
| 9 | of the taxpayer within this State and the | ||||||
| 10 | denominator of which is the gross income from | ||||||
| 11 | all such funds and such securities. | ||||||
| 12 | (C) The amount of interest, dividends, | ||||||
| 13 | gains, and other income from trading assets | ||||||
| 14 | and activities, including, but not limited to, | ||||||
| 15 | assets and activities in the matched book, in | ||||||
| 16 | the arbitrage book and foreign currency | ||||||
| 17 | transactions (but excluding amounts described | ||||||
| 18 | in subparagraphs (A) or (B) of this | ||||||
| 19 | paragraph), attributable to this State and | ||||||
| 20 | included in the numerator is determined by | ||||||
| 21 | multiplying the amount described in | ||||||
| 22 | subparagraph (B) of paragraph (1) of this | ||||||
| 23 | subsection by a fraction, the numerator of | ||||||
| 24 | which is the gross income from such trading | ||||||
| 25 | assets and activities which are properly | ||||||
| 26 | assigned to a fixed place of business of the | ||||||
| |||||||
| |||||||
| 1 | taxpayer within this State and the denominator | ||||||
| 2 | of which is the gross income from all such | ||||||
| 3 | assets and activities. | ||||||
| 4 | (D) Properly assigned, for purposes of | ||||||
| 5 | this paragraph (2) of this subsection, means | ||||||
| 6 | the investment or trading asset or activity is | ||||||
| 7 | assigned to the fixed place of business with | ||||||
| 8 | which it has a preponderance of substantive | ||||||
| 9 | contacts. An investment or trading asset or | ||||||
| 10 | activity assigned by the taxpayer to a fixed | ||||||
| 11 | place of business without the State shall be | ||||||
| 12 | presumed to have been properly assigned if: | ||||||
| 13 | (i) the taxpayer has assigned, in the | ||||||
| 14 | regular course of its business, such asset | ||||||
| 15 | or activity on its records to a fixed | ||||||
| 16 | place of business consistent with federal | ||||||
| 17 | or state regulatory requirements; | ||||||
| 18 | (ii) such assignment on its records is | ||||||
| 19 | based upon substantive contacts of the | ||||||
| 20 | asset or activity to such fixed place of | ||||||
| 21 | business; and | ||||||
| 22 | (iii) the taxpayer uses such records | ||||||
| 23 | reflecting assignment of such assets or | ||||||
| 24 | activities for the filing of all state and | ||||||
| 25 | local tax returns for which an assignment | ||||||
| 26 | of such assets or activities to a fixed | ||||||
| |||||||
| |||||||
| 1 | place of business is required. | ||||||
| 2 | (E) The presumption of proper assignment | ||||||
| 3 | of an investment or trading asset or activity | ||||||
| 4 | provided in subparagraph (D) of paragraph (2) | ||||||
| 5 | of this subsection may be rebutted upon a | ||||||
| 6 | showing by the Department, supported by a | ||||||
| 7 | preponderance of the evidence, that the | ||||||
| 8 | preponderance of substantive contacts | ||||||
| 9 | regarding such asset or activity did not occur | ||||||
| 10 | at the fixed place of business to which it was | ||||||
| 11 | assigned on the taxpayer's records. If the | ||||||
| 12 | fixed place of business that has a | ||||||
| 13 | preponderance of substantive contacts cannot | ||||||
| 14 | be determined for an investment or trading | ||||||
| 15 | asset or activity to which the presumption in | ||||||
| 16 | subparagraph (D) of paragraph (2) of this | ||||||
| 17 | subsection does not apply or with respect to | ||||||
| 18 | which that presumption has been rebutted, that | ||||||
| 19 | asset or activity is properly assigned to the | ||||||
| 20 | state in which the taxpayer's commercial | ||||||
| 21 | domicile is located. For purposes of this | ||||||
| 22 | subparagraph (E), it shall be presumed, | ||||||
| 23 | subject to rebuttal, that taxpayer's | ||||||
| 24 | commercial domicile is in the state of the | ||||||
| 25 | United States or the District of Columbia to | ||||||
| 26 | which the greatest number of employees are | ||||||
| |||||||
| |||||||
| 1 | regularly connected with the management of the | ||||||
| 2 | investment or trading income or out of which | ||||||
| 3 | they are working, irrespective of where the | ||||||
| 4 | services of such employees are performed, as | ||||||
| 5 | of the last day of the taxable year. | ||||||
| 6 | (ix) For tax years ending on or after December 31, | ||||||
| 7 | 2024, receipts from investment assets and activities | ||||||
| 8 | and trading assets and activities are included in the | ||||||
| 9 | receipts factor as follows: | ||||||
| 10 | (1) Interest, dividends, net gains (but not | ||||||
| 11 | less than zero), and other income from investment | ||||||
| 12 | assets and activities from trading assets and | ||||||
| 13 | activities shall be included in the receipts | ||||||
| 14 | factor. Investment assets and activities and | ||||||
| 15 | trading assets and activities include, but are not | ||||||
| 16 | limited to the following: investment securities; | ||||||
| 17 | trading account assets; federal funds; securities | ||||||
| 18 | purchased and sold under agreements to resell or | ||||||
| 19 | repurchase; options; futures contracts; forward | ||||||
| 20 | contracts; notional principal contracts, such as | ||||||
| 21 | swaps; equities; and foreign currency | ||||||
| 22 | transactions. With respect to the investment and | ||||||
| 23 | trading assets and activities described in | ||||||
| 24 | subparagraphs (A) and (B) of this paragraph, the | ||||||
| 25 | receipts factor shall include the amounts | ||||||
| 26 | described in those subparagraphs. | ||||||
| |||||||
| |||||||
| 1 | (A) The receipts factor shall include the | ||||||
| 2 | amount by which interest from federal funds | ||||||
| 3 | sold and securities purchased under resale | ||||||
| 4 | agreements exceeds interest expense on federal | ||||||
| 5 | funds purchased and securities sold under | ||||||
| 6 | repurchase agreements. | ||||||
| 7 | (B) The receipts factor shall include the | ||||||
| 8 | amount by which interest, dividends, gains and | ||||||
| 9 | other income from trading assets and | ||||||
| 10 | activities, including, but not limited to, | ||||||
| 11 | assets and activities in the matched book, in | ||||||
| 12 | the arbitrage book, and foreign currency | ||||||
| 13 | transactions, exceed amounts paid in lieu of | ||||||
| 14 | interest, amounts paid in lieu of dividends, | ||||||
| 15 | and losses from such assets and activities. | ||||||
| 16 | (2) The numerator of the receipts factor | ||||||
| 17 | includes interest, dividends, net gains (but not | ||||||
| 18 | less than zero), and other income from investment | ||||||
| 19 | assets and activities and from trading assets and | ||||||
| 20 | activities described in paragraph (1) of this | ||||||
| 21 | subsection that are attributable to this State. | ||||||
| 22 | (A) The amount of interest, dividends, net | ||||||
| 23 | gains (but not less than zero), and other | ||||||
| 24 | income from investment assets and activities | ||||||
| 25 | in the investment account to be attributed to | ||||||
| 26 | this State and included in the numerator is | ||||||
| |||||||
| |||||||
| 1 | determined by multiplying all of the income | ||||||
| 2 | from those assets and activities by a | ||||||
| 3 | fraction, the numerator of which is the total | ||||||
| 4 | receipts included in the numerator pursuant to | ||||||
| 5 | items (i) through (vii) of this subparagraph | ||||||
| 6 | (3) and the denominator of which is all total | ||||||
| 7 | receipts included in the denominator, other | ||||||
| 8 | than interest, dividends, net gains (but not | ||||||
| 9 | less than zero), and other income from | ||||||
| 10 | investment assets and activities and trading | ||||||
| 11 | assets and activities. | ||||||
| 12 | (B) The amount of interest from federal | ||||||
| 13 | funds sold and purchased and from securities | ||||||
| 14 | purchased under resale agreements and | ||||||
| 15 | securities sold under repurchase agreements | ||||||
| 16 | attributable to this State and included in the | ||||||
| 17 | numerator is determined by multiplying the | ||||||
| 18 | amount described in subparagraph (A) of | ||||||
| 19 | paragraph (1) of this subsection from such | ||||||
| 20 | funds and such securities by a fraction, the | ||||||
| 21 | numerator of which is the total receipts | ||||||
| 22 | included in the numerator pursuant to items | ||||||
| 23 | (i) through (vii) of this subparagraph (3) and | ||||||
| 24 | the denominator of which is all total receipts | ||||||
| 25 | included in the denominator, other than | ||||||
| 26 | interest, dividends, net gains (but not less | ||||||
| |||||||
| |||||||
| 1 | than zero), and other income from investment | ||||||
| 2 | assets and activities and trading assets and | ||||||
| 3 | activities. | ||||||
| 4 | (C) The amount of interest, dividends, | ||||||
| 5 | gains, and other income from trading assets | ||||||
| 6 | and activities, including, but not limited to, | ||||||
| 7 | assets and activities in the matched book, in | ||||||
| 8 | the arbitrage book and foreign currency | ||||||
| 9 | transactions (but excluding amounts described | ||||||
| 10 | in subparagraphs (A) or (B) of this | ||||||
| 11 | paragraph), attributable to this State and | ||||||
| 12 | included in the numerator is determined by | ||||||
| 13 | multiplying the amount described in | ||||||
| 14 | subparagraph (B) of paragraph (1) of this | ||||||
| 15 | subsection by a fraction, the numerator of | ||||||
| 16 | which is the total receipts included in the | ||||||
| 17 | numerator pursuant to items (i) through (vii) | ||||||
| 18 | of this subparagraph (3) and the denominator | ||||||
| 19 | of which is all total receipts included in the | ||||||
| 20 | denominator, other than interest, dividends, | ||||||
| 21 | net gains (but not less than zero), and other | ||||||
| 22 | income from investment assets and activities | ||||||
| 23 | and trading assets and activities. | ||||||
| 24 | (4) (Blank). | ||||||
| 25 | (5) (Blank). | ||||||
| 26 | (c-1) Federally regulated exchanges. For taxable years | ||||||
| |||||||
| |||||||
| 1 | ending on or after December 31, 2012, business income of a | ||||||
| 2 | federally regulated exchange shall, at the option of the | ||||||
| 3 | federally regulated exchange, be apportioned to this State by | ||||||
| 4 | multiplying such income by a fraction, the numerator of which | ||||||
| 5 | is its business income from sources within this State, and the | ||||||
| 6 | denominator of which is its business income from all sources. | ||||||
| 7 | For purposes of this subsection, the business income within | ||||||
| 8 | this State of a federally regulated exchange is the sum of the | ||||||
| 9 | following: | ||||||
| 10 | (1) Receipts attributable to transactions executed on | ||||||
| 11 | a physical trading floor if that physical trading floor is | ||||||
| 12 | located in this State. | ||||||
| 13 | (2) Receipts attributable to all other matching, | ||||||
| 14 | execution, or clearing transactions, including without | ||||||
| 15 | limitation receipts from the provision of matching, | ||||||
| 16 | execution, or clearing services to another entity, | ||||||
| 17 | multiplied by (i) for taxable years ending on or after | ||||||
| 18 | December 31, 2012 but before December 31, 2013, 63.77%; | ||||||
| 19 | and (ii) for taxable years ending on or after December 31, | ||||||
| 20 | 2013, 27.54%. | ||||||
| 21 | (3) All other receipts not governed by subparagraphs | ||||||
| 22 | (1) or (2) of this subsection (c-1), to the extent the | ||||||
| 23 | receipts would be characterized as "sales in this State" | ||||||
| 24 | under item (3) of subsection (a) of this Section. | ||||||
| 25 | "Federally regulated exchange" means (i) a "registered | ||||||
| 26 | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), | ||||||
| |||||||
| |||||||
| 1 | or (C), (ii) an "exchange" or "clearing agency" within the | ||||||
| 2 | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such | ||||||
| 3 | entities regulated under any successor regulatory structure to | ||||||
| 4 | the foregoing, and (iv) all taxpayers who are members of the | ||||||
| 5 | same unitary business group as a federally regulated exchange, | ||||||
| 6 | determined without regard to the prohibition in Section | ||||||
| 7 | 1501(a)(27) of this Act against including in a unitary | ||||||
| 8 | business group taxpayers who are ordinarily required to | ||||||
| 9 | apportion business income under different subsections of this | ||||||
| 10 | Section; provided that this subparagraph (iv) shall apply only | ||||||
| 11 | if 50% or more of the business receipts of the unitary business | ||||||
| 12 | group determined by application of this subparagraph (iv) for | ||||||
| 13 | the taxable year are attributable to the matching, execution, | ||||||
| 14 | or clearing of transactions conducted by an entity described | ||||||
| 15 | in subparagraph (i), (ii), or (iii) of this paragraph. | ||||||
| 16 | In no event shall the Illinois apportionment percentage | ||||||
| 17 | computed in accordance with this subsection (c-1) for any | ||||||
| 18 | taxpayer for any tax year be less than the Illinois | ||||||
| 19 | apportionment percentage computed under this subsection (c-1) | ||||||
| 20 | for that taxpayer for the first full tax year ending on or | ||||||
| 21 | after December 31, 2013 for which this subsection (c-1) | ||||||
| 22 | applied to the taxpayer. | ||||||
| 23 | (d) Transportation services. For taxable years ending | ||||||
| 24 | before December 31, 2008, business income derived from | ||||||
| 25 | furnishing transportation services shall be apportioned to | ||||||
| 26 | this State in accordance with paragraphs (1) and (2): | ||||||
| |||||||
| |||||||
| 1 | (1) Such business income (other than that derived from | ||||||
| 2 | transportation by pipeline) shall be apportioned to this | ||||||
| 3 | State by multiplying such income by a fraction, the | ||||||
| 4 | numerator of which is the revenue miles of the person in | ||||||
| 5 | this State, and the denominator of which is the revenue | ||||||
| 6 | miles of the person everywhere. For purposes of this | ||||||
| 7 | paragraph, a revenue mile is the transportation of 1 | ||||||
| 8 | passenger or 1 net ton of freight the distance of 1 mile | ||||||
| 9 | for a consideration. Where a person is engaged in the | ||||||
| 10 | transportation of both passengers and freight, the | ||||||
| 11 | fraction above referred to shall be determined by means of | ||||||
| 12 | an average of the passenger revenue mile fraction and the | ||||||
| 13 | freight revenue mile fraction, weighted to reflect the | ||||||
| 14 | person's | ||||||
| 15 | (A) relative railway operating income from total | ||||||
| 16 | passenger and total freight service, as reported to | ||||||
| 17 | the Interstate Commerce Commission, in the case of | ||||||
| 18 | transportation by railroad, and | ||||||
| 19 | (B) relative gross receipts from passenger and | ||||||
| 20 | freight transportation, in case of transportation | ||||||
| 21 | other than by railroad. | ||||||
| 22 | (2) Such business income derived from transportation | ||||||
| 23 | by pipeline shall be apportioned to this State by | ||||||
| 24 | multiplying such income by a fraction, the numerator of | ||||||
| 25 | which is the revenue miles of the person in this State, and | ||||||
| 26 | the denominator of which is the revenue miles of the | ||||||
| |||||||
| |||||||
| 1 | person everywhere. For the purposes of this paragraph, a | ||||||
| 2 | revenue mile is the transportation by pipeline of 1 barrel | ||||||
| 3 | of oil, 1,000 cubic feet of gas, or of any specified | ||||||
| 4 | quantity of any other substance, the distance of 1 mile | ||||||
| 5 | for a consideration. | ||||||
| 6 | (3) For taxable years ending on or after December 31, | ||||||
| 7 | 2008, business income derived from providing | ||||||
| 8 | transportation services other than airline services shall | ||||||
| 9 | be apportioned to this State by using a fraction, (a) the | ||||||
| 10 | numerator of which shall be (i) all receipts from any | ||||||
| 11 | movement or shipment of people, goods, mail, oil, gas, or | ||||||
| 12 | any other substance (other than by airline) that both | ||||||
| 13 | originates and terminates in this State, plus (ii) that | ||||||
| 14 | portion of the person's gross receipts from movements or | ||||||
| 15 | shipments of people, goods, mail, oil, gas, or any other | ||||||
| 16 | substance (other than by airline) that originates in one | ||||||
| 17 | state or jurisdiction and terminates in another state or | ||||||
| 18 | jurisdiction, that is determined by the ratio that the | ||||||
| 19 | miles traveled in this State bears to total miles | ||||||
| 20 | everywhere and (b) the denominator of which shall be all | ||||||
| 21 | revenue derived from the movement or shipment of people, | ||||||
| 22 | goods, mail, oil, gas, or any other substance (other than | ||||||
| 23 | by airline). Where a taxpayer is engaged in the | ||||||
| 24 | transportation of both passengers and freight, the | ||||||
| 25 | fraction above referred to shall first be determined | ||||||
| 26 | separately for passenger miles and freight miles. Then an | ||||||
| |||||||
| |||||||
| 1 | average of the passenger miles fraction and the freight | ||||||
| 2 | miles fraction shall be weighted to reflect the | ||||||
| 3 | taxpayer's: | ||||||
| 4 | (A) relative railway operating income from total | ||||||
| 5 | passenger and total freight service, as reported to | ||||||
| 6 | the 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 | ||||||
| 17 | person everywhere. For purposes of this paragraph, a | ||||||
| 18 | revenue mile is the transportation of one passenger or one | ||||||
| 19 | net ton of freight the distance of one mile for a | ||||||
| 20 | consideration. If a person is engaged in the | ||||||
| 21 | transportation of both passengers and freight, the | ||||||
| 22 | fraction above referred to shall be determined by means of | ||||||
| 23 | an average of the passenger revenue mile fraction and the | ||||||
| 24 | freight revenue mile fraction, weighted to reflect the | ||||||
| 25 | person's relative gross receipts from passenger and | ||||||
| 26 | freight airline transportation. | ||||||
| |||||||
| |||||||
| 1 | (e) Combined apportionment. Where 2 or more persons are | ||||||
| 2 | engaged in a unitary business as described in subsection | ||||||
| 3 | (a)(27) of Section 1501, a part of which is conducted in this | ||||||
| 4 | State by one or more members of the group, the business income | ||||||
| 5 | attributable to this State by any such member or members shall | ||||||
| 6 | be apportioned by means of the combined apportionment method. | ||||||
| 7 | (f) Alternative allocation. If the allocation and | ||||||
| 8 | apportionment provisions of subsections (a) through (e) and of | ||||||
| 9 | subsection (h) do not, for taxable years ending before | ||||||
| 10 | December 31, 2008, fairly represent the extent of a person's | ||||||
| 11 | business activity in this State, or, for taxable years ending | ||||||
| 12 | on or after December 31, 2008, fairly represent the market for | ||||||
| 13 | the person's goods, services, or other sources of business | ||||||
| 14 | income, the person may petition for, or the Director may, | ||||||
| 15 | without a petition, permit or require, in respect of all or any | ||||||
| 16 | part of the person's business activity, if reasonable: | ||||||
| 17 | (1) Separate accounting; | ||||||
| 18 | (2) The exclusion of any one or more factors; | ||||||
| 19 | (3) The inclusion of one or more additional factors | ||||||
| 20 | which will fairly represent the person's business | ||||||
| 21 | activities or market in this State; or | ||||||
| 22 | (4) The employment of any other method to effectuate | ||||||
| 23 | an equitable allocation and apportionment of the person's | ||||||
| 24 | business income. | ||||||
| 25 | (g) Cross-reference Cross reference. For allocation of | ||||||
| 26 | business income by residents, see Section 301(a). | ||||||
| |||||||
| |||||||
| 1 | (h) For tax years ending on or after December 31, 1998, the | ||||||
| 2 | apportionment factor of persons who apportion their business | ||||||
| 3 | income to this State under subsection (a) shall be equal to: | ||||||
| 4 | (1) for tax years ending on or after December 31, 1998 | ||||||
| 5 | and before December 31, 1999, 16 2/3% of the property | ||||||
| 6 | factor plus 16 2/3% of the payroll factor plus 66 2/3% of | ||||||
| 7 | the sales factor; | ||||||
| 8 | (2) for tax years ending on or after December 31, 1999 | ||||||
| 9 | and before December 31, 2000, 8 1/3% of the property | ||||||
| 10 | factor plus 8 1/3% of the payroll factor plus 83 1/3% of | ||||||
| 11 | the sales factor; | ||||||
| 12 | (3) for tax years ending on or after December 31, | ||||||
| 13 | 2000, the sales factor. | ||||||
| 14 | If, in any tax year ending on or after December 31, 1998 and | ||||||
| 15 | before December 31, 2000, the denominator of the payroll, | ||||||
| 16 | property, or sales factor is zero, the apportionment factor | ||||||
| 17 | computed in paragraph (1) or (2) of this subsection for that | ||||||
| 18 | year shall be divided by an amount equal to 100% minus the | ||||||
| 19 | percentage weight given to each factor whose denominator is | ||||||
| 20 | equal to zero. | ||||||
| 21 | (Source: P.A. 102-40, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
| 22 | 103-592, eff. 6-7-24; revised 10-16-24.)
| ||||||
| 23 | (35 ILCS 5/704A) | ||||||
| 24 | Sec. 704A. Employer's return and payment of tax withheld. | ||||||
| 25 | (a) In general, every employer who deducts and withholds | ||||||
| |||||||
| |||||||
| 1 | or is required to deduct and withhold tax under this Act on or | ||||||
| 2 | after January 1, 2008 shall make those payments and returns as | ||||||
| 3 | provided in this Section. | ||||||
| 4 | (b) Returns. Every employer shall, in the form and manner | ||||||
| 5 | required by the Department, make returns with respect to taxes | ||||||
| 6 | withheld or required to be withheld under this Article 7 for | ||||||
| 7 | each quarter beginning on or after January 1, 2008, on or | ||||||
| 8 | before the last day of the first month following the close of | ||||||
| 9 | that quarter. | ||||||
| 10 | (c) Payments. With respect to amounts withheld or required | ||||||
| 11 | to be withheld on or after January 1, 2008: | ||||||
| 12 | (1) Semi-weekly payments. For each calendar year, each | ||||||
| 13 | employer who withheld or was required to withhold more | ||||||
| 14 | than $12,000 during the one-year period ending on June 30 | ||||||
| 15 | of the immediately preceding calendar year, payment must | ||||||
| 16 | be made: | ||||||
| 17 | (A) on or before each Friday of the calendar year, | ||||||
| 18 | for taxes withheld or required to be withheld on the | ||||||
| 19 | immediately preceding Saturday, Sunday, Monday, or | ||||||
| 20 | Tuesday; | ||||||
| 21 | (B) on or before each Wednesday of the calendar | ||||||
| 22 | year, for taxes withheld or required to be withheld on | ||||||
| 23 | the immediately preceding Wednesday, Thursday, or | ||||||
| 24 | Friday. | ||||||
| 25 | Beginning with calendar year 2011, payments made under | ||||||
| 26 | this paragraph (1) of subsection (c) must be made by | ||||||
| |||||||
| |||||||
| 1 | electronic funds transfer. | ||||||
| 2 | (2) Semi-weekly payments. Any employer who withholds | ||||||
| 3 | or is required to withhold more than $12,000 in any | ||||||
| 4 | quarter of a calendar year is required to make payments on | ||||||
| 5 | the dates set forth under item (1) of this subsection (c) | ||||||
| 6 | for each remaining quarter of that calendar year and for | ||||||
| 7 | the subsequent calendar year. | ||||||
| 8 | (3) Monthly payments. Each employer, other than an | ||||||
| 9 | employer described in items (1) or (2) of this subsection, | ||||||
| 10 | shall pay to the Department, on or before the 15th day of | ||||||
| 11 | each month the taxes withheld or required to be withheld | ||||||
| 12 | during the immediately preceding month. | ||||||
| 13 | (4) Payments with returns. Each employer shall pay to | ||||||
| 14 | the Department, on or before the due date for each return | ||||||
| 15 | required to be filed under this Section, any tax withheld | ||||||
| 16 | or required to be withheld during the period for which the | ||||||
| 17 | return is due and not previously paid to the Department. | ||||||
| 18 | (d) Regulatory authority. The Department may, by rule: | ||||||
| 19 | (1) Permit employers, in lieu of the requirements of | ||||||
| 20 | subsections (b) and (c), to file annual returns due on or | ||||||
| 21 | before January 31 of the year for taxes withheld or | ||||||
| 22 | required to be withheld during the previous calendar year | ||||||
| 23 | and, if the aggregate amounts required to be withheld by | ||||||
| 24 | the employer under this Article 7 (other than amounts | ||||||
| 25 | required to be withheld under Section 709.5) do not exceed | ||||||
| 26 | $1,000 for the previous calendar year, to pay the taxes | ||||||
| |||||||
| |||||||
| 1 | required to be shown on each such return no later than the | ||||||
| 2 | due date for such return. | ||||||
| 3 | (2) Provide that any payment required to be made under | ||||||
| 4 | subsection (c)(1) or (c)(2) is deemed to be timely to the | ||||||
| 5 | extent paid by electronic funds transfer on or before the | ||||||
| 6 | due date for deposit of federal income taxes withheld | ||||||
| 7 | from, or federal employment taxes due with respect to, the | ||||||
| 8 | wages from which the Illinois taxes were withheld. | ||||||
| 9 | (3) Designate one or more depositories to which | ||||||
| 10 | payment of taxes required to be withheld under this | ||||||
| 11 | Article 7 must be paid by some or all employers. | ||||||
| 12 | (4) Increase the threshold dollar amounts at which | ||||||
| 13 | employers are required to make semi-weekly payments under | ||||||
| 14 | subsection (c)(1) or (c)(2). | ||||||
| 15 | (e) Annual return and payment. Every employer who deducts | ||||||
| 16 | and withholds or is required to deduct and withhold tax from a | ||||||
| 17 | person engaged in domestic service employment, as that term is | ||||||
| 18 | defined in Section 3510 of the Internal Revenue Code, may | ||||||
| 19 | comply with the requirements of this Section with respect to | ||||||
| 20 | such employees by filing an annual return and paying the taxes | ||||||
| 21 | required to be deducted and withheld on or before the 15th day | ||||||
| 22 | of the fourth month following the close of the employer's | ||||||
| 23 | taxable year. The Department may allow the employer's return | ||||||
| 24 | to be submitted with the employer's individual income tax | ||||||
| 25 | return or to be submitted with a return due from the employer | ||||||
| 26 | under Section 1400.2 of the Unemployment Insurance Act. | ||||||
| |||||||
| |||||||
| 1 | (f) Magnetic media and electronic filing. With respect to | ||||||
| 2 | taxes withheld in calendar years prior to 2017, any W-2 Form | ||||||
| 3 | that, under the Internal Revenue Code and regulations | ||||||
| 4 | promulgated thereunder, is required to be submitted to the | ||||||
| 5 | Internal Revenue Service on magnetic media or electronically | ||||||
| 6 | must also be submitted to the Department on magnetic media or | ||||||
| 7 | electronically for Illinois purposes, if required by the | ||||||
| 8 | Department. | ||||||
| 9 | With respect to taxes withheld in 2017 and subsequent | ||||||
| 10 | calendar years, the Department may, by rule, require that any | ||||||
| 11 | return (including any amended return) under this Section and | ||||||
| 12 | any W-2 Form that is required to be submitted to the Department | ||||||
| 13 | must be submitted on magnetic media or electronically. | ||||||
| 14 | The due date for submitting W-2 Forms shall be as | ||||||
| 15 | prescribed by the Department by rule. | ||||||
| 16 | (g) For amounts deducted or withheld after December 31, | ||||||
| 17 | 2009, a taxpayer who makes an election under subsection (f) of | ||||||
| 18 | Section 5-15 of the Economic Development for a Growing Economy | ||||||
| 19 | Tax Credit Act for a taxable year shall be allowed a credit | ||||||
| 20 | against payments due under this Section for amounts withheld | ||||||
| 21 | during the first calendar year beginning after the end of that | ||||||
| 22 | taxable year equal to the amount of the credit for the | ||||||
| 23 | incremental income tax attributable to full-time employees of | ||||||
| 24 | the taxpayer awarded to the taxpayer by the Department of | ||||||
| 25 | Commerce and Economic Opportunity under the Economic | ||||||
| 26 | Development for a Growing Economy Tax Credit Act for the | ||||||
| |||||||
| |||||||
| 1 | taxable year and credits not previously claimed and allowed to | ||||||
| 2 | be carried forward under Section 211(4) of this Act as | ||||||
| 3 | provided in subsection (f) of Section 5-15 of the Economic | ||||||
| 4 | Development for a Growing Economy Tax Credit Act. The credit | ||||||
| 5 | or credits may not reduce the taxpayer's obligation for any | ||||||
| 6 | payment due under this Section to less than zero. If the amount | ||||||
| 7 | of the credit or credits exceeds the total payments due under | ||||||
| 8 | this Section with respect to amounts withheld during the | ||||||
| 9 | calendar year, the excess may be carried forward and applied | ||||||
| 10 | against the taxpayer's liability under this Section in the | ||||||
| 11 | succeeding calendar years as allowed to be carried forward | ||||||
| 12 | under paragraph (4) of Section 211 of this Act. The credit or | ||||||
| 13 | credits shall be applied to the earliest year for which there | ||||||
| 14 | is a tax liability. If there are credits from more than one | ||||||
| 15 | taxable year that are available to offset a liability, the | ||||||
| 16 | earlier credit shall be applied first. Each employer who | ||||||
| 17 | deducts and withholds or is required to deduct and withhold | ||||||
| 18 | tax under this Act and who retains income tax withholdings | ||||||
| 19 | under subsection (f) of Section 5-15 of the Economic | ||||||
| 20 | Development for a Growing Economy Tax Credit Act must make a | ||||||
| 21 | return with respect to such taxes and retained amounts in the | ||||||
| 22 | form and manner that the Department, by rule, requires and pay | ||||||
| 23 | to the Department or to a depositary designated by the | ||||||
| 24 | Department those withheld taxes not retained by the taxpayer. | ||||||
| 25 | For purposes of this subsection (g), the term taxpayer shall | ||||||
| 26 | include taxpayer and members of the taxpayer's unitary | ||||||
| |||||||
| |||||||
| 1 | business group as defined under paragraph (27) of subsection | ||||||
| 2 | (a) of Section 1501 of this Act. This Section is exempt from | ||||||
| 3 | the provisions of Section 250 of this Act. No credit awarded | ||||||
| 4 | under the Economic Development for a Growing Economy Tax | ||||||
| 5 | Credit Act for agreements entered into on or after January 1, | ||||||
| 6 | 2015 may be credited against payments due under this Section. | ||||||
| 7 | (g-1) For amounts deducted or withheld after December 31, | ||||||
| 8 | 2024, a taxpayer who makes an election under the Reimagining | ||||||
| 9 | Energy and Vehicles in Illinois Act shall be allowed a credit | ||||||
| 10 | against payments due under this Section for amounts withheld | ||||||
| 11 | during the first quarterly reporting period beginning after | ||||||
| 12 | the certificate is issued equal to the portion of the REV | ||||||
| 13 | Illinois Credit attributable to the incremental income tax | ||||||
| 14 | attributable to new employees and retained employees as | ||||||
| 15 | certified by the Department of Commerce and Economic | ||||||
| 16 | Opportunity pursuant to an agreement with the taxpayer under | ||||||
| 17 | the Reimagining Energy and Vehicles in Illinois Act for the | ||||||
| 18 | taxable year. The credit or credits may not reduce the | ||||||
| 19 | taxpayer's obligation for any payment due under this Section | ||||||
| 20 | to less than zero. If the amount of the credit or credits | ||||||
| 21 | exceeds the total payments due under this Section with respect | ||||||
| 22 | to amounts withheld during the quarterly reporting period, the | ||||||
| 23 | excess may be carried forward and applied against the | ||||||
| 24 | taxpayer's liability under this Section in the succeeding | ||||||
| 25 | quarterly reporting period as allowed to be carried forward | ||||||
| 26 | under paragraph (4) of Section 211 of this Act. The credit or | ||||||
| |||||||
| |||||||
| 1 | credits shall be applied to the earliest quarterly reporting | ||||||
| 2 | period for which there is a tax liability. If there are credits | ||||||
| 3 | from more than one quarterly reporting period that are | ||||||
| 4 | available to offset a liability, the earlier credit shall be | ||||||
| 5 | applied first. Each employer who deducts and withholds or is | ||||||
| 6 | required to deduct and withhold tax under this Act and who | ||||||
| 7 | retains income tax withholdings this subsection must make a | ||||||
| 8 | return with respect to such taxes and retained amounts in the | ||||||
| 9 | form and manner that the Department, by rule, requires and pay | ||||||
| 10 | to the Department or to a depositary designated by the | ||||||
| 11 | Department those withheld taxes not retained by the taxpayer. | ||||||
| 12 | For purposes of this subsection (g-1), the term taxpayer shall | ||||||
| 13 | include taxpayer and members of the taxpayer's unitary | ||||||
| 14 | business group as defined under paragraph (27) of subsection | ||||||
| 15 | (a) of Section 1501 of this Act. This Section is exempt from | ||||||
| 16 | the provisions of Section 250 of this Act. | ||||||
| 17 | (g-2) For amounts deducted or withheld after December 31, | ||||||
| 18 | 2024, a taxpayer who makes an election under the Manufacturing | ||||||
| 19 | Illinois Chips for Real Opportunity (MICRO) Act shall be | ||||||
| 20 | allowed a credit against payments due under this Section for | ||||||
| 21 | amounts withheld during the first quarterly reporting period | ||||||
| 22 | beginning after the certificate is issued equal to the portion | ||||||
| 23 | of the MICRO Illinois Credit attributable to the incremental | ||||||
| 24 | income tax attributable to new employees and retained | ||||||
| 25 | employees as certified by the Department of Commerce and | ||||||
| 26 | Economic Opportunity pursuant to an agreement with the | ||||||
| |||||||
| |||||||
| 1 | taxpayer under the Manufacturing Illinois Chips for Real | ||||||
| 2 | Opportunity (MICRO) Act for the taxable year. The credit or | ||||||
| 3 | credits may not reduce the taxpayer's obligation for any | ||||||
| 4 | payment due under this Section to less than zero. If the amount | ||||||
| 5 | of the credit or credits exceeds the total payments due under | ||||||
| 6 | this Section with respect to amounts withheld during the | ||||||
| 7 | quarterly reporting period, the excess may be carried forward | ||||||
| 8 | and applied against the taxpayer's liability under this | ||||||
| 9 | Section in the succeeding quarterly reporting period as | ||||||
| 10 | allowed to be carried forward under paragraph (4) of Section | ||||||
| 11 | 211 of this Act. The credit or credits shall be applied to the | ||||||
| 12 | earliest quarterly reporting period for which there is a tax | ||||||
| 13 | liability. If there are credits from more than one quarterly | ||||||
| 14 | reporting period that are available to offset a liability, the | ||||||
| 15 | earlier credit shall be applied first. Each employer who | ||||||
| 16 | deducts and withholds or is required to deduct and withhold | ||||||
| 17 | tax under this Act and who retains income tax withholdings | ||||||
| 18 | this subsection must make a return with respect to such taxes | ||||||
| 19 | and retained amounts in the form and manner that the | ||||||
| 20 | Department, by rule, requires and pay to the Department or to a | ||||||
| 21 | depositary designated by the Department those withheld taxes | ||||||
| 22 | not retained by the taxpayer. For purposes of this subsection, | ||||||
| 23 | the term taxpayer shall include taxpayer and members of the | ||||||
| 24 | taxpayer's unitary business group as defined under paragraph | ||||||
| 25 | (27) of subsection (a) of Section 1501 of this Act. This | ||||||
| 26 | Section is exempt from the provisions of Section 250 of this | ||||||
| |||||||
| |||||||
| 1 | Act. | ||||||
| 2 | (h) An employer may claim a credit against payments due | ||||||
| 3 | under this Section for amounts withheld during the first | ||||||
| 4 | calendar year ending after the date on which a tax credit | ||||||
| 5 | certificate was issued under Section 35 of the Small Business | ||||||
| 6 | Job Creation Tax Credit Act. The credit shall be equal to the | ||||||
| 7 | amount shown on the certificate, but may not reduce the | ||||||
| 8 | taxpayer's obligation for any payment due under this Section | ||||||
| 9 | to less than zero. If the amount of the credit exceeds the | ||||||
| 10 | total payments due under this Section with respect to amounts | ||||||
| 11 | withheld during the calendar year, the excess may be carried | ||||||
| 12 | forward and applied against the taxpayer's liability under | ||||||
| 13 | this Section in the 5 succeeding calendar years. The credit | ||||||
| 14 | shall be applied to the earliest year for which there is a tax | ||||||
| 15 | liability. If there are credits from more than one calendar | ||||||
| 16 | year that are available to offset a liability, the earlier | ||||||
| 17 | credit shall be applied first. This Section is exempt from the | ||||||
| 18 | provisions of Section 250 of this Act. | ||||||
| 19 | (i) Each employer with 50 or fewer full-time equivalent | ||||||
| 20 | employees during the reporting period may claim a credit | ||||||
| 21 | against the payments due under this Section for each qualified | ||||||
| 22 | employee in an amount equal to the maximum credit allowable. | ||||||
| 23 | The credit may be taken against payments due for reporting | ||||||
| 24 | periods that begin on or after January 1, 2020, and end on or | ||||||
| 25 | before December 31, 2027. An employer may not claim a credit | ||||||
| 26 | for an employee who has worked fewer than 90 consecutive days | ||||||
| |||||||
| |||||||
| 1 | immediately preceding the reporting period; however, such | ||||||
| 2 | credits may accrue during that 90-day period and be claimed | ||||||
| 3 | against payments under this Section for future reporting | ||||||
| 4 | periods after the employee has worked for the employer at | ||||||
| 5 | least 90 consecutive days. In no event may the credit exceed | ||||||
| 6 | the employer's liability for the reporting period. Each | ||||||
| 7 | employer who deducts and withholds or is required to deduct | ||||||
| 8 | and withhold tax under this Act and who retains income tax | ||||||
| 9 | withholdings under this subsection must make a return with | ||||||
| 10 | respect to such taxes and retained amounts in the form and | ||||||
| 11 | manner that the Department, by rule, requires and pay to the | ||||||
| 12 | Department or to a depositary designated by the Department | ||||||
| 13 | those withheld taxes not retained by the employer. | ||||||
| 14 | For each reporting period, the employer may not claim a | ||||||
| 15 | credit or credits for more employees than the number of | ||||||
| 16 | employees making less than the minimum or reduced wage for the | ||||||
| 17 | current calendar year during the last reporting period of the | ||||||
| 18 | preceding calendar year. Notwithstanding any other provision | ||||||
| 19 | of this subsection, an employer shall not be eligible for | ||||||
| 20 | credits for a reporting period unless the average wage paid by | ||||||
| 21 | the employer per employee for all employees making less than | ||||||
| 22 | $55,000 during the reporting period is greater than the | ||||||
| 23 | average wage paid by the employer per employee for all | ||||||
| 24 | employees making less than $55,000 during the same reporting | ||||||
| 25 | period of the prior calendar year. | ||||||
| 26 | For purposes of this subsection (i): | ||||||
| |||||||
| |||||||
| 1 | "Compensation paid in Illinois" has the meaning ascribed | ||||||
| 2 | to that term under Section 304(a)(2)(B) of this Act. | ||||||
| 3 | "Employer" and "employee" have the meaning ascribed to | ||||||
| 4 | those terms in the Minimum Wage Law, except that "employee" | ||||||
| 5 | also includes employees who work for an employer with fewer | ||||||
| 6 | than 4 employees. Employers that operate more than one | ||||||
| 7 | establishment pursuant to a franchise agreement or that | ||||||
| 8 | constitute members of a unitary business group shall aggregate | ||||||
| 9 | their employees for purposes of determining eligibility for | ||||||
| 10 | the credit. | ||||||
| 11 | "Full-time equivalent employees" means the ratio of the | ||||||
| 12 | number of paid hours during the reporting period and the | ||||||
| 13 | number of working hours in that period. | ||||||
| 14 | "Maximum credit" means the percentage listed below of the | ||||||
| 15 | difference between the amount of compensation paid in Illinois | ||||||
| 16 | to employees who are paid not more than the required minimum | ||||||
| 17 | wage reduced by the amount of compensation paid in Illinois to | ||||||
| 18 | employees who were paid less than the current required minimum | ||||||
| 19 | wage during the reporting period prior to each increase in the | ||||||
| 20 | required minimum wage on January 1. If an employer pays an | ||||||
| 21 | employee more than the required minimum wage and that employee | ||||||
| 22 | previously earned less than the required minimum wage, the | ||||||
| 23 | employer may include the portion that does not exceed the | ||||||
| 24 | required minimum wage as compensation paid in Illinois to | ||||||
| 25 | employees who are paid not more than the required minimum | ||||||
| 26 | wage. | ||||||
| |||||||
| |||||||
| 1 | (1) 25% for reporting periods beginning on or after | ||||||
| 2 | January 1, 2020 and ending on or before December 31, 2020; | ||||||
| 3 | (2) 21% for reporting periods beginning on or after | ||||||
| 4 | January 1, 2021 and ending on or before December 31, 2021; | ||||||
| 5 | (3) 17% for reporting periods beginning on or after | ||||||
| 6 | January 1, 2022 and ending on or before December 31, 2022; | ||||||
| 7 | (4) 13% for reporting periods beginning on or after | ||||||
| 8 | January 1, 2023 and ending on or before December 31, 2023; | ||||||
| 9 | (5) 9% for reporting periods beginning on or after | ||||||
| 10 | January 1, 2024 and ending on or before December 31, 2024; | ||||||
| 11 | (6) 5% for reporting periods beginning on or after | ||||||
| 12 | January 1, 2025 and ending on or before December 31, 2025. | ||||||
| 13 | The amount computed under this subsection may continue to | ||||||
| 14 | be claimed for reporting periods beginning on or after January | ||||||
| 15 | 1, 2026 and: | ||||||
| 16 | (A) ending on or before December 31, 2026 for | ||||||
| 17 | employers with more than 5 employees; or | ||||||
| 18 | (B) ending on or before December 31, 2027 for | ||||||
| 19 | employers with no more than 5 employees. | ||||||
| 20 | "Qualified employee" means an employee who is paid not | ||||||
| 21 | more than the required minimum wage and has an average wage | ||||||
| 22 | paid per hour by the employer during the reporting period | ||||||
| 23 | equal to or greater than his or her average wage paid per hour | ||||||
| 24 | by the employer during each reporting period for the | ||||||
| 25 | immediately preceding 12 months. A new qualified employee is | ||||||
| 26 | deemed to have earned the required minimum wage in the | ||||||
| |||||||
| |||||||
| 1 | preceding reporting period. | ||||||
| 2 | "Reporting period" means the quarter for which a return is | ||||||
| 3 | required to be filed under subsection (b) of this Section. | ||||||
| 4 | (j) For reporting periods beginning on or after January 1, | ||||||
| 5 | 2023, if a private employer grants all of its employees the | ||||||
| 6 | option of taking a paid leave of absence of at least 30 days | ||||||
| 7 | for the purpose of serving as an organ donor or bone marrow | ||||||
| 8 | donor, then the private employer may take a credit against the | ||||||
| 9 | payments due under this Section in an amount equal to the | ||||||
| 10 | amount withheld under this Section with respect to wages paid | ||||||
| 11 | while the employee is on organ donation leave, not to exceed | ||||||
| 12 | $1,000 in withholdings for each employee who takes organ | ||||||
| 13 | donation leave. To be eligible for the credit, such a leave of | ||||||
| 14 | absence must be taken without loss of pay, vacation time, | ||||||
| 15 | compensatory time, personal days, or sick time for at least | ||||||
| 16 | the first 30 days of the leave of absence. The private employer | ||||||
| 17 | shall adopt rules governing organ donation leave, including | ||||||
| 18 | rules that (i) establish conditions and procedures for | ||||||
| 19 | requesting and approving leave and (ii) require medical | ||||||
| 20 | documentation of the proposed organ or bone marrow donation | ||||||
| 21 | before leave is approved by the private employer. A private | ||||||
| 22 | employer must provide, in the manner required by the | ||||||
| 23 | Department, documentation from the employee's medical | ||||||
| 24 | provider, which the private employer receives from the | ||||||
| 25 | employee, that verifies the employee's organ donation. The | ||||||
| 26 | private employer must also provide, in the manner required by | ||||||
| |||||||
| |||||||
| 1 | the Department, documentation that shows that a qualifying | ||||||
| 2 | organ donor leave policy was in place and offered to all | ||||||
| 3 | qualifying employees at the time the leave was taken. For the | ||||||
| 4 | private employer to receive the tax credit, the employee | ||||||
| 5 | taking organ donor leave must allow for the applicable medical | ||||||
| 6 | records to be disclosed to the Department. If the private | ||||||
| 7 | employer cannot provide the required documentation to the | ||||||
| 8 | Department, then the private employer is ineligible for the | ||||||
| 9 | credit under this Section. A private employer must also | ||||||
| 10 | provide, in the form required by the Department, any | ||||||
| 11 | additional documentation or information required by the | ||||||
| 12 | Department to administer the credit under this Section. The | ||||||
| 13 | credit under this subsection (j) shall be taken within one | ||||||
| 14 | year after the date upon which the organ donation leave | ||||||
| 15 | begins. If the leave taken spans into a second tax year, the | ||||||
| 16 | employer qualifies for the allowable credit in the later of | ||||||
| 17 | the 2 years. If the amount of credit exceeds the tax liability | ||||||
| 18 | for the year, the excess may be carried and applied to the tax | ||||||
| 19 | liability for the 3 taxable years following the excess credit | ||||||
| 20 | year. The tax credit shall be applied to the earliest year for | ||||||
| 21 | which there is a tax liability. If there are credits for more | ||||||
| 22 | than one year that are available to offset liability, the | ||||||
| 23 | earlier credit shall be applied first. | ||||||
| 24 | Nothing in this subsection (j) prohibits a private | ||||||
| 25 | employer from providing an unpaid leave of absence to its | ||||||
| 26 | employees for the purpose of serving as an organ donor or bone | ||||||
| |||||||
| |||||||
| 1 | marrow donor; however, if the employer's policy provides for | ||||||
| 2 | fewer than 30 days of paid leave for organ or bone marrow | ||||||
| 3 | donation, then the employer shall not be eligible for the | ||||||
| 4 | credit under this Section. | ||||||
| 5 | As used in this subsection (j): | ||||||
| 6 | "Organ" means any biological tissue of the human body that | ||||||
| 7 | may be donated by a living donor, including, but not limited | ||||||
| 8 | to, the kidney, liver, lung, pancreas, intestine, bone, skin, | ||||||
| 9 | or any subpart of those organs. | ||||||
| 10 | "Organ donor" means a person from whose body an organ is | ||||||
| 11 | taken to be transferred to the body of another person. | ||||||
| 12 | "Private employer" means a sole proprietorship, | ||||||
| 13 | corporation, partnership, limited liability company, or other | ||||||
| 14 | entity with one or more employees. "Private employer" does not | ||||||
| 15 | include a municipality, county, State agency, or other public | ||||||
| 16 | employer. | ||||||
| 17 | This subsection (j) is exempt from the provisions of | ||||||
| 18 | Section 250 of this Act. | ||||||
| 19 | (k) For reporting periods beginning on or after January 1, | ||||||
| 20 | 2025 and before January 1, 2027, an employer may claim a credit | ||||||
| 21 | against payments due under this Section for amounts withheld | ||||||
| 22 | during the first reporting period to occur after the date on | ||||||
| 23 | which a tax credit certificate is issued for a non-profit | ||||||
| 24 | theater production under Section 10 of the Live Theater | ||||||
| 25 | Production Tax Credit Act. The credit shall be equal to the | ||||||
| 26 | amount shown on the certificate, but may not reduce the | ||||||
| |||||||
| |||||||
| 1 | taxpayer's obligation for any payment due under this Article | ||||||
| 2 | to less than zero. If the amount of the credit exceeds the | ||||||
| 3 | total amount due under this Article with respect to amounts | ||||||
| 4 | withheld during the first reporting period to occur after the | ||||||
| 5 | date on which a tax credit certificate is issued, the excess | ||||||
| 6 | may be carried forward and applied against the taxpayer's | ||||||
| 7 | liability under this Section for reporting periods that occur | ||||||
| 8 | in the 5 succeeding calendar years. The excess credit shall be | ||||||
| 9 | applied to the earliest reporting period for which there is a | ||||||
| 10 | payment due under this Article. If there are credits from more | ||||||
| 11 | than one reporting period that are available to offset a | ||||||
| 12 | liability, the earlier credit shall be applied first. The | ||||||
| 13 | Department of Revenue, in cooperation with the Department of | ||||||
| 14 | Commerce and Economic Opportunity, shall adopt rules to | ||||||
| 15 | enforce and administer the provisions of this subsection. | ||||||
| 16 | (l) (k) A taxpayer who is issued a certificate under the | ||||||
| 17 | Local Journalism Sustainability Act for a taxable year shall | ||||||
| 18 | be allowed a credit against payments due under this Section as | ||||||
| 19 | provided in that Act. | ||||||
| 20 | (Source: P.A. 102-669, eff. 11-16-21; 102-700, Article 30, | ||||||
| 21 | Section 30-5, eff. 4-19-22; 102-700, Article 110, Section | ||||||
| 22 | 110-905, eff. 4-19-22; 102-1125, eff. 2-3-23; 103-592, Article | ||||||
| 23 | 40, Section 40-900, eff. 6-7-24; 103-592, Article 45, Section | ||||||
| 24 | 45-10, eff. 6-7-24; revised 7-9-24.)
| ||||||
| 25 | Section 265. The Economic Development for a Growing | ||||||
| |||||||
| |||||||
| 1 | Economy Tax Credit Act is amended by changing Section 5-56 as | ||||||
| 2 | follows:
| ||||||
| 3 | (35 ILCS 10/5-56) | ||||||
| 4 | Sec. 5-56. Annual report. Annually, until construction is | ||||||
| 5 | completed, a company seeking New Construction EDGE Credits | ||||||
| 6 | shall submit a report that, at a minimum, describes the | ||||||
| 7 | projected project scope, timeline, and anticipated budget. | ||||||
| 8 | Once the project has commenced, the annual report shall | ||||||
| 9 | include actual data for the prior year as well as projections | ||||||
| 10 | for each additional year through completion of the project. | ||||||
| 11 | The Department shall issue detailed reporting guidelines | ||||||
| 12 | prescribing the requirements of construction-related | ||||||
| 13 | construction related reports. In order to receive credit for | ||||||
| 14 | construction expenses, the company must provide the Department | ||||||
| 15 | with evidence that a certified third-party executed an | ||||||
| 16 | Agreed-Upon Procedure (AUP) verifying the construction | ||||||
| 17 | expenses or accept the standard construction wage expense | ||||||
| 18 | estimated by the Department. | ||||||
| 19 | Upon review of the final project scope, timeline, budget, | ||||||
| 20 | and AUP, the Department shall issue a tax credit certificate | ||||||
| 21 | reflecting a percentage of the total construction job wages | ||||||
| 22 | paid throughout the completion of the project. | ||||||
| 23 | Upon 7 business days' notice, the taxpayer shall make | ||||||
| 24 | available for inspection and copying at a location within this | ||||||
| 25 | State during reasonable hours, the records identified in | ||||||
| |||||||
| |||||||
| 1 | paragraph (1) of this Section to the taxpayer in charge of the | ||||||
| 2 | project, its officers and agents, and to federal, State, or | ||||||
| 3 | local law enforcement agencies and prosecutors. | ||||||
| 4 | (Source: P.A. 102-558, eff. 8-20-21; 103-595, eff. 6-26-24; | ||||||
| 5 | revised 10-23-24.)
| ||||||
| 6 | Section 270. The Local Journalism Sustainability Act is | ||||||
| 7 | amended by changing Sections 40-1 and 40-5 as follows:
| ||||||
| 8 | (35 ILCS 18/40-1) | ||||||
| 9 | Sec. 40-1. Short title. This Article Act may be cited as | ||||||
| 10 | the Local Journalism Sustainability Act. References in this | ||||||
| 11 | Article to "this Act" mean this Article. | ||||||
| 12 | (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)
| ||||||
| 13 | (35 ILCS 18/40-5) | ||||||
| 14 | Sec. 40-5. Definitions. As used in this Act: | ||||||
| 15 | "Award cycle" means the 4 reporting periods for which the | ||||||
| 16 | employer is awarded a credit under Section 40-10. | ||||||
| 17 | "Comparable rate" has the meaning given to that term by | ||||||
| 18 | the Federal Communications Commission in its campaign | ||||||
| 19 | advertising rate rules. | ||||||
| 20 | "Department" means the Department of Commerce and Economic | ||||||
| 21 | Opportunity. | ||||||
| 22 | "Independently owned" means, as applied to a local news | ||||||
| 23 | organization, that: | ||||||
| |||||||
| |||||||
| 1 | (1) the local news organization is not a publicly | ||||||
| 2 | traded entity and no more than 5% of the beneficial | ||||||
| 3 | ownership of the local news organization is owned, | ||||||
| 4 | directly or indirectly, by a publicly traded entity; and | ||||||
| 5 | (2) the local news organization is not a subsidiary. | ||||||
| 6 | "Local news organization" means an entity that: | ||||||
| 7 | (1) engages professionals to create, edit, produce, | ||||||
| 8 | and distribute original content concerning matters of | ||||||
| 9 | public interest through reporting activities, including | ||||||
| 10 | conducting interviews, observing current events, or | ||||||
| 11 | analyzing documents or other information; | ||||||
| 12 | (2) has at least one employee who meets all of the | ||||||
| 13 | following criteria: | ||||||
| 14 | (A) the employee is employed by the entity on a | ||||||
| 15 | full-time basis for at least 30 hours a week; | ||||||
| 16 | (B) the employee's job duties for the entity | ||||||
| 17 | consist primarily of providing coverage of Illinois or | ||||||
| 18 | local Illinois community news as described in | ||||||
| 19 | paragraph (C); | ||||||
| 20 | (C) the employee gathers, prepares, collects, | ||||||
| 21 | photographs, writes, edits, reports, or publishes | ||||||
| 22 | original local or State community news for | ||||||
| 23 | dissemination to the local or State community; and | ||||||
| 24 | (D) the employee lives within 50 miles of the | ||||||
| 25 | coverage area; | ||||||
| 26 | (3) in the case of a print publication, has published | ||||||
| |||||||
| |||||||
| 1 | at least one print publication per month over the previous | ||||||
| 2 | 12 months and either (i) holds a valid United States | ||||||
| 3 | Postal Service periodical permit or (ii) has at least 25% | ||||||
| 4 | of its content dedicated to local news; | ||||||
| 5 | (4) in the case of a digital-only entity, has | ||||||
| 6 | published one piece about the community per week over the | ||||||
| 7 | previous 12 months and has at least 33% of its digital | ||||||
| 8 | audience in Illinois, averaged over a 12-month period; | ||||||
| 9 | (5) in the case of a hybrid entity that has both print | ||||||
| 10 | and digital outlets, meets the requirements in either | ||||||
| 11 | paragraph (3) or (4) of this definition; | ||||||
| 12 | (6) has disclosed in its print publication or on its | ||||||
| 13 | website its beneficial ownership or, in the case of a | ||||||
| 14 | not-for-profit entity, its board of directors; | ||||||
| 15 | (7) in the case of an entity that maintains tax status | ||||||
| 16 | under Section 501(c)(3) of the federal Internal Revenue | ||||||
| 17 | Code, has declared the coverage of local or State news as | ||||||
| 18 | the stated mission in its filings with the Internal | ||||||
| 19 | Revenue Service; | ||||||
| 20 | (8) has not received any payments of more than 50% of | ||||||
| 21 | its gross receipts for the previous year from political | ||||||
| 22 | action committees or other entities described in Section | ||||||
| 23 | 527 of the federal Internal Revenue Code or from an | ||||||
| 24 | organization that maintains Section 501(c)(4) or 501(c)(6) | ||||||
| 25 | status under the federal Internal Revenue Code, unless | ||||||
| 26 | those payments are for political advertising during the | ||||||
| |||||||
| |||||||
| 1 | lowest unit windows and using comparable rates; and | ||||||
| 2 | (9) has not received more than 30% of its revenue from | ||||||
| 3 | the previous taxable year from political advertisements | ||||||
| 4 | during lowest unit windows. | ||||||
| 5 | "Local news organization" does not include an organization | ||||||
| 6 | that received more than $100,000 from organizations described | ||||||
| 7 | in paragraph (8) during the taxable year or any preceding | ||||||
| 8 | taxable year. | ||||||
| 9 | "Lowest unit window" has the meaning given to that term by | ||||||
| 10 | the Federal Communications Commission in its campaign | ||||||
| 11 | advertising rate rules. | ||||||
| 12 | "New journalism position" means an employment position | ||||||
| 13 | that results in a net increase in qualified journalists | ||||||
| 14 | employed by the local news organization from January 1 of the | ||||||
| 15 | preceding calendar year compared to January 1 of the calendar | ||||||
| 16 | year in which a credit under this Act is sought. | ||||||
| 17 | "Private fund" means a corporation that: | ||||||
| 18 | (1) would be considered an investment company under | ||||||
| 19 | Section 3 of the Investment Company Act of 1940, 15 U.S.C. | ||||||
| 20 | 80a-3, but for the application of paragraph (1) or (7) of | ||||||
| 21 | subsection (c) of that Section; | ||||||
| 22 | (2) is not a venture capital fund, as defined in | ||||||
| 23 | Section 275.203(l)-1 of Title 17 of the Code of Federal | ||||||
| 24 | Regulations, as in effect on the effective date of this | ||||||
| 25 | Act; and | ||||||
| 26 | (3) is not an institution selected under Section 107 | ||||||
| |||||||
| |||||||
| 1 | of the federal Community Development Banking and Financial | ||||||
| 2 | Institutions Act of 1994. | ||||||
| 3 | "Qualified journalist" means a person who: | ||||||
| 4 | (1) is employed for an average of at least 30 hours per | ||||||
| 5 | week; and | ||||||
| 6 | (2) is responsible for gathering, developing, | ||||||
| 7 | preparing, directing the recording of, producing, | ||||||
| 8 | collecting, photographing, recording, writing, editing, | ||||||
| 9 | reporting, designing, presenting, distributing, or | ||||||
| 10 | publishing original news or information that concerns | ||||||
| 11 | local matters of public interest. | ||||||
| 12 | "Reporting period" means the quarter for which a return is | ||||||
| 13 | required to be filed under Article 7 of the Illinois Income Tax | ||||||
| 14 | Act. | ||||||
| 15 | (Source: P.A. 103-592, eff. 6-7-24; revised 10-24-24.)
| ||||||
| 16 | Section 275. The Music and Musicians Tax Credit and Jobs | ||||||
| 17 | Act is amended by changing Section 50-1 as follows:
| ||||||
| 18 | (35 ILCS 19/50-1) | ||||||
| 19 | Sec. 50-1. Short title. This Article Act may be cited as | ||||||
| 20 | the Music and Musicians Tax Credit and Jobs Act. References in | ||||||
| 21 | this Article to "this Act" mean this Article. | ||||||
| 22 | (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)
| ||||||
| 23 | Section 280. The Manufacturing Illinois Chips for Real | ||||||
| |||||||
| |||||||
| 1 | Opportunity (MICRO) Act is amended by changing Section 110-20 | ||||||
| 2 | as follows:
| ||||||
| 3 | (35 ILCS 45/110-20) | ||||||
| 4 | Sec. 110-20. Manufacturing Illinois Chips for Real | ||||||
| 5 | Opportunity (MICRO) Program; project applications. | ||||||
| 6 | (a) The Manufacturing Illinois Chips for Real Opportunity | ||||||
| 7 | (MICRO) Program is hereby established and shall be | ||||||
| 8 | administered by the Department. The Program will provide | ||||||
| 9 | financial incentives to eligible semiconductor manufacturers, | ||||||
| 10 | microchip manufacturers, quantum computer manufacturers, and | ||||||
| 11 | companies that primarily engage in research and development in | ||||||
| 12 | the manufacturing of quantum computers, semiconductors, or | ||||||
| 13 | microchips. For the purposes of this Section, a company is | ||||||
| 14 | primarily engaged in research and development in the | ||||||
| 15 | manufacturing of quantum computers, semiconductors, or | ||||||
| 16 | microchips if at least 50% of its business activities involve | ||||||
| 17 | research and development in the manufacturing of quantum | ||||||
| 18 | computers, semiconductors, or microchips.. | ||||||
| 19 | (b) Any taxpayer planning a project to be located in | ||||||
| 20 | Illinois may request consideration for designation of its | ||||||
| 21 | project as a MICRO project, by formal written letter of | ||||||
| 22 | request or by formal application to the Department, in which | ||||||
| 23 | the applicant states its intent to make at least a specified | ||||||
| 24 | level of investment and intends to hire a specified number of | ||||||
| 25 | full-time employees at a designated location in Illinois. As | ||||||
| |||||||
| |||||||
| 1 | circumstances require, the Department shall require a formal | ||||||
| 2 | application from an applicant and a formal letter of request | ||||||
| 3 | for assistance. | ||||||
| 4 | (c) In order to qualify for credits under the Program | ||||||
| 5 | program, an applicant must: | ||||||
| 6 | (1) for a semiconductor manufacturer, a microchip | ||||||
| 7 | manufacturer, a quantum computer manufacturer, or a | ||||||
| 8 | company focusing on research and development in the | ||||||
| 9 | manufacturing of quantum computers, semiconductors, or | ||||||
| 10 | microchips: | ||||||
| 11 | (A) make an investment of at least $1,500,000,000 | ||||||
| 12 | in capital improvements at the project site; | ||||||
| 13 | (B) to be placed in service within the State | ||||||
| 14 | within a 60-month period after approval of the | ||||||
| 15 | application; and | ||||||
| 16 | (C) create at least 500 new full-time employee | ||||||
| 17 | jobs; or | ||||||
| 18 | (2) for a semiconductor component parts manufacturer, | ||||||
| 19 | a microchip component parts manufacturer, a quantum | ||||||
| 20 | computer component parts manufacturer, or a company | ||||||
| 21 | focusing on research and development in the manufacture of | ||||||
| 22 | component parts for quantum computers, semiconductors, or | ||||||
| 23 | microchips: | ||||||
| 24 | (A) make an investment of at least $300,000,000 in | ||||||
| 25 | capital improvements at the project site; | ||||||
| 26 | (B) manufacture one or more parts that are | ||||||
| |||||||
| |||||||
| 1 | primarily used for the manufacture of semiconductors | ||||||
| 2 | or microchips; | ||||||
| 3 | (C) to be placed in service within the State | ||||||
| 4 | within a 60-month period after approval of the | ||||||
| 5 | application; and | ||||||
| 6 | (D) create at least 150 new full-time employee | ||||||
| 7 | jobs; or | ||||||
| 8 | (3) for a semiconductor manufacturer, a microchip | ||||||
| 9 | manufacturer, a quantum computer manufacturer, a company | ||||||
| 10 | focusing on research and development in the manufacturing | ||||||
| 11 | of quantum computers, semiconductors, or microchips, or a | ||||||
| 12 | semiconductor or microchip component parts manufacturer | ||||||
| 13 | that does not qualify quality under paragraph (2) above: | ||||||
| 14 | (A) make an investment of at least $2,500,000 in | ||||||
| 15 | capital improvements at the project site; | ||||||
| 16 | (B) to be placed in service within the State | ||||||
| 17 | within a 48-month period after approval of the | ||||||
| 18 | application; and | ||||||
| 19 | (C) create at least 50 new full-time employee jobs | ||||||
| 20 | or new full-time employees equivalent to 10% of the | ||||||
| 21 | number of full-time employees employed by the | ||||||
| 22 | applicant world-wide on the date the application is | ||||||
| 23 | filed with the Department; or | ||||||
| 24 | (4) for a semiconductor manufacturer, quantum computer | ||||||
| 25 | manufacturer, microchip manufacturer, or semiconductor or | ||||||
| 26 | microchip component parts manufacturer with existing | ||||||
| |||||||
| |||||||
| 1 | operations in Illinois that intends to convert or expand, | ||||||
| 2 | in whole or in part, the existing facility from | ||||||
| 3 | traditional manufacturing to semiconductor manufacturing, | ||||||
| 4 | quantum computer manufacturing, or microchip manufacturing | ||||||
| 5 | or semiconductor, quantum computer, or microchip component | ||||||
| 6 | parts manufacturing, or a company focusing on research and | ||||||
| 7 | development in the manufacturing of quantum computers, | ||||||
| 8 | semiconductors, or microchips: | ||||||
| 9 | (A) make an investment of at least $100,000,000 in | ||||||
| 10 | capital improvements at the project site; | ||||||
| 11 | (B) to be placed in service within the State | ||||||
| 12 | within a 60-month period after approval of the | ||||||
| 13 | application; and | ||||||
| 14 | (C) create the lesser of 75 new full-time employee | ||||||
| 15 | jobs or new full-time employee jobs equivalent to 10% | ||||||
| 16 | of the Statewide baseline applicable to the taxpayer | ||||||
| 17 | and any related member at the time of application. | ||||||
| 18 | (d) For any applicant creating the full-time employee jobs | ||||||
| 19 | noted in subsection (c), those jobs must have a total | ||||||
| 20 | compensation equal to or greater than 120% of the average wage | ||||||
| 21 | paid to full-time employees in the county where the project is | ||||||
| 22 | located, as determined by the Department. | ||||||
| 23 | (e) Each applicant must outline its hiring plan and | ||||||
| 24 | commitment to recruit and hire full-time employee positions at | ||||||
| 25 | the project site. The hiring plan may include a partnership | ||||||
| 26 | with an institution of higher education to provide | ||||||
| |||||||
| |||||||
| 1 | internships, including, but not limited to, internships | ||||||
| 2 | supported by the Clean Jobs Workforce Network Program, or | ||||||
| 3 | full-time permanent employment for students at the project | ||||||
| 4 | site. Additionally, the applicant may create or utilize | ||||||
| 5 | participants from apprenticeship programs that are approved by | ||||||
| 6 | and registered with the United States Department of Labor's | ||||||
| 7 | Bureau of Apprenticeship and Training. The applicant Applicant | ||||||
| 8 | may apply for apprenticeship education expense credits in | ||||||
| 9 | accordance with the provisions set forth in 14 Ill. Adm. | ||||||
| 10 | Admin. Code 522. Each applicant is required to report | ||||||
| 11 | annually, on or before April 15, on the diversity of its | ||||||
| 12 | workforce in accordance with Section 110-50 of this Act. For | ||||||
| 13 | existing facilities of applicants under paragraph (3) of | ||||||
| 14 | subsection (b) above, if the taxpayer expects a reduction in | ||||||
| 15 | force due to its transition to manufacturing semiconductors, | ||||||
| 16 | microchips, or semiconductor or microchip component parts, the | ||||||
| 17 | plan submitted under this Section must outline the taxpayer's | ||||||
| 18 | plan to assist with retraining its workforce aligned with the | ||||||
| 19 | taxpayer's adoption of new technologies and anticipated | ||||||
| 20 | efforts to retrain employees through employment opportunities | ||||||
| 21 | within the taxpayer's workforce. | ||||||
| 22 | (f) A taxpayer may not enter into more than one agreement | ||||||
| 23 | under this Act with respect to a single address or location for | ||||||
| 24 | the same period of time. Also, a taxpayer may not enter into an | ||||||
| 25 | agreement under this Act with respect to a single address or | ||||||
| 26 | location for the same period of time for which the taxpayer | ||||||
| |||||||
| |||||||
| 1 | currently holds an active agreement under the Economic | ||||||
| 2 | Development for a Growing Economy Tax Credit Act. This | ||||||
| 3 | provision does not preclude the applicant from entering into | ||||||
| 4 | an additional agreement after the expiration or voluntary | ||||||
| 5 | termination of an earlier agreement under this Act or under | ||||||
| 6 | the Economic Development for a Growing Economy Tax Credit Act | ||||||
| 7 | to the extent that the taxpayer's application otherwise | ||||||
| 8 | satisfies the terms and conditions of this Act and is approved | ||||||
| 9 | by the Department. An applicant with an existing agreement | ||||||
| 10 | under the Economic Development for a Growing Economy Tax | ||||||
| 11 | Credit Act may submit an application for an agreement under | ||||||
| 12 | this Act after it terminates any existing agreement under the | ||||||
| 13 | Economic Development for a Growing Economy Tax Credit Act with | ||||||
| 14 | respect to the same address or location. | ||||||
| 15 | (Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23; | ||||||
| 16 | 103-595, eff. 6-26-24; revised 10-21-24.)
| ||||||
| 17 | Section 285. The Illinois Gives Tax Credit Act is amended | ||||||
| 18 | by changing Section 170-1 as follows:
| ||||||
| 19 | (35 ILCS 60/170-1) | ||||||
| 20 | Sec. 170-1. Short title. This Article Act may be cited as | ||||||
| 21 | the Illinois Gives Tax Credit Act. References in this Article | ||||||
| 22 | to "this Act" mean this Article. | ||||||
| 23 | (Source: P.A. 103-592, eff. 6-7-24; revised 10-21-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 290. The Use Tax Act is amended by changing | ||||||
| 2 | Sections 2, 3-5, and 3-10 as follows:
| ||||||
| 3 | (35 ILCS 105/2) (from Ch. 120, par. 439.2) | ||||||
| 4 | Sec. 2. Definitions. As used in this Act: | ||||||
| 5 | "Use" means the exercise by any person of any right or | ||||||
| 6 | power over tangible personal property incident to the | ||||||
| 7 | ownership of that property, or, on and after January 1, 2025, | ||||||
| 8 | incident to the possession or control of, the right to possess | ||||||
| 9 | or control, or a license to use that property through a lease, | ||||||
| 10 | except that it does not include the sale of such property in | ||||||
| 11 | any form as tangible personal property in the regular course | ||||||
| 12 | of business to the extent that such property is not first | ||||||
| 13 | subjected to a use for which it was purchased, and does not | ||||||
| 14 | include the use of such property by its owner for | ||||||
| 15 | demonstration purposes: Provided that the property purchased | ||||||
| 16 | is deemed to be purchased for the purpose of resale, despite | ||||||
| 17 | first being used, to the extent to which it is resold as an | ||||||
| 18 | ingredient of an intentionally produced product or by-product | ||||||
| 19 | of manufacturing. "Use" does not mean the demonstration use or | ||||||
| 20 | interim use of tangible personal property by a retailer before | ||||||
| 21 | he sells that tangible personal property. On and after January | ||||||
| 22 | 1, 2025, the lease of tangible personal property to a lessee by | ||||||
| 23 | a retailer who is subject to tax on lease receipts under Public | ||||||
| 24 | Act 103-592 this amendatory Act of the 103rd General Assembly | ||||||
| 25 | does not qualify as demonstration use or interim use of that | ||||||
| |||||||
| |||||||
| 1 | property. For watercraft or aircraft, if the period of | ||||||
| 2 | demonstration use or interim use by the retailer exceeds 18 | ||||||
| 3 | months, the retailer shall pay on the retailers' original cost | ||||||
| 4 | price the tax imposed by this Act, and no credit for that tax | ||||||
| 5 | is permitted if the watercraft or aircraft is subsequently | ||||||
| 6 | sold by the retailer. "Use" does not mean the physical | ||||||
| 7 | incorporation of tangible personal property, to the extent not | ||||||
| 8 | first subjected to a use for which it was purchased, as an | ||||||
| 9 | ingredient or constituent, into other tangible personal | ||||||
| 10 | property (a) which is sold in the regular course of business or | ||||||
| 11 | (b) which the person incorporating such ingredient or | ||||||
| 12 | constituent therein has undertaken at the time of such | ||||||
| 13 | purchase to cause to be transported in interstate commerce to | ||||||
| 14 | destinations outside the State of Illinois: Provided that the | ||||||
| 15 | property purchased is deemed to be purchased for the purpose | ||||||
| 16 | of resale, despite first being used, to the extent to which it | ||||||
| 17 | is resold as an ingredient of an intentionally produced | ||||||
| 18 | product or by-product of manufacturing. | ||||||
| 19 | "Lease" means a transfer of the possession or control of, | ||||||
| 20 | the right to possess or control, or a license to use, but not | ||||||
| 21 | title to, tangible personal property for a fixed or | ||||||
| 22 | indeterminate term for consideration, regardless of the name | ||||||
| 23 | by which the transaction is called. "Lease" does not include a | ||||||
| 24 | lease entered into merely as a security agreement that does | ||||||
| 25 | not involve a transfer of possession or control from the | ||||||
| 26 | lessor to the lessee. | ||||||
| |||||||
| |||||||
| 1 | On and after January 1, 2025, the term "sale", when used in | ||||||
| 2 | this Act, includes a lease. | ||||||
| 3 | "Watercraft" means a Class 2, Class 3, or Class 4 | ||||||
| 4 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
| 5 | and Safety Act, a personal watercraft, or any boat equipped | ||||||
| 6 | with an inboard motor. | ||||||
| 7 | "Purchase at retail" means the acquisition of the | ||||||
| 8 | ownership of, the title to, the possession or control of, the | ||||||
| 9 | right to possess or control, or a license to use, tangible | ||||||
| 10 | personal property through a sale at retail. | ||||||
| 11 | "Purchaser" means anyone who, through a sale at retail, | ||||||
| 12 | acquires the ownership of, the title to, the possession or | ||||||
| 13 | control of, the right to possess or control, or a license to | ||||||
| 14 | use, tangible personal property for a valuable consideration. | ||||||
| 15 | "Sale at retail" means any transfer of the ownership of or | ||||||
| 16 | title to tangible personal property to a purchaser, for the | ||||||
| 17 | purpose of use, and not for the purpose of resale in any form | ||||||
| 18 | as tangible personal property to the extent not first | ||||||
| 19 | subjected to a use for which it was purchased, for a valuable | ||||||
| 20 | consideration: Provided that the property purchased is deemed | ||||||
| 21 | to be purchased for the purpose of resale, despite first being | ||||||
| 22 | used, to the extent to which it is resold as an ingredient of | ||||||
| 23 | an intentionally produced product or by-product of | ||||||
| 24 | manufacturing. For this purpose, slag produced as an incident | ||||||
| 25 | to manufacturing pig iron or steel and sold is considered to be | ||||||
| 26 | an intentionally produced by-product of manufacturing. "Sale | ||||||
| |||||||
| |||||||
| 1 | at retail" includes any such transfer made for resale unless | ||||||
| 2 | made in compliance with Section 2c of the Retailers' | ||||||
| 3 | Occupation Tax Act, as incorporated by reference into Section | ||||||
| 4 | 12 of this Act. Transactions whereby the possession of the | ||||||
| 5 | property is transferred but the seller retains the title as | ||||||
| 6 | security for payment of the selling price are sales. | ||||||
| 7 | "Sale at retail" shall also be construed to include any | ||||||
| 8 | Illinois florist's sales transaction in which the purchase | ||||||
| 9 | order is received in Illinois by a florist and the sale is for | ||||||
| 10 | use or consumption, but the Illinois florist has a florist in | ||||||
| 11 | another state deliver the property to the purchaser or the | ||||||
| 12 | purchaser's donee in such other state. | ||||||
| 13 | Nonreusable tangible personal property that is used by | ||||||
| 14 | persons engaged in the business of operating a restaurant, | ||||||
| 15 | cafeteria, or drive-in is a sale for resale when it is | ||||||
| 16 | transferred to customers in the ordinary course of business as | ||||||
| 17 | part of the sale of food or beverages and is used to deliver, | ||||||
| 18 | package, or consume food or beverages, regardless of where | ||||||
| 19 | consumption of the food or beverages occurs. Examples of those | ||||||
| 20 | items include, but are not limited to nonreusable, paper and | ||||||
| 21 | plastic cups, plates, baskets, boxes, sleeves, buckets or | ||||||
| 22 | other containers, utensils, straws, placemats, napkins, doggie | ||||||
| 23 | bags, and wrapping or packaging materials that are transferred | ||||||
| 24 | to customers as part of the sale of food or beverages in the | ||||||
| 25 | ordinary course of business. | ||||||
| 26 | The purchase, employment, and transfer of such tangible | ||||||
| |||||||
| |||||||
| 1 | personal property as newsprint and ink for the primary purpose | ||||||
| 2 | of conveying news (with or without other information) is not a | ||||||
| 3 | purchase, use, or sale of tangible personal property. | ||||||
| 4 | "Selling price" means the consideration for a sale valued | ||||||
| 5 | in money whether received in money or otherwise, including | ||||||
| 6 | cash, credits, property other than as hereinafter provided, | ||||||
| 7 | and services, but, prior to January 1, 2020 and beginning | ||||||
| 8 | again on January 1, 2022, not including the value of or credit | ||||||
| 9 | given for traded-in tangible personal property where the item | ||||||
| 10 | that is traded-in is of like kind and character as that which | ||||||
| 11 | is being sold; beginning January 1, 2020 and until January 1, | ||||||
| 12 | 2022, "selling price" includes the portion of the value of or | ||||||
| 13 | credit given for traded-in motor vehicles of the First | ||||||
| 14 | Division as defined in Section 1-146 of the Illinois Vehicle | ||||||
| 15 | Code of like kind and character as that which is being sold | ||||||
| 16 | that exceeds $10,000. "Selling price" shall be determined | ||||||
| 17 | without any deduction on account of the cost of the property | ||||||
| 18 | sold, the cost of materials used, labor or service cost, or any | ||||||
| 19 | other expense whatsoever, but does not include interest or | ||||||
| 20 | finance charges which appear as separate items on the bill of | ||||||
| 21 | sale or sales contract nor charges that are added to prices by | ||||||
| 22 | sellers on account of the seller's tax liability under the | ||||||
| 23 | Retailers' Occupation Tax Act, or on account of the seller's | ||||||
| 24 | duty to collect, from the purchaser, the tax that is imposed by | ||||||
| 25 | this Act, or, except as otherwise provided with respect to any | ||||||
| 26 | cigarette tax imposed by a home rule unit, on account of the | ||||||
| |||||||
| |||||||
| 1 | seller's tax liability under any local occupation tax | ||||||
| 2 | administered by the Department, or, except as otherwise | ||||||
| 3 | provided with respect to any cigarette tax imposed by a home | ||||||
| 4 | rule unit on account of the seller's duty to collect, from the | ||||||
| 5 | purchasers, the tax that is imposed under any local use tax | ||||||
| 6 | administered by the Department. Effective December 1, 1985, | ||||||
| 7 | "selling price" shall include charges that are added to prices | ||||||
| 8 | by sellers on account of the seller's tax liability under the | ||||||
| 9 | Cigarette Tax Act, on account of the seller's duty to collect, | ||||||
| 10 | from the purchaser, the tax imposed under the Cigarette Use | ||||||
| 11 | Tax Act, and on account of the seller's duty to collect, from | ||||||
| 12 | the purchaser, any cigarette tax imposed by a home rule unit. | ||||||
| 13 | The provisions of this paragraph, which provides only for | ||||||
| 14 | an alternative meaning of "selling price" with respect to the | ||||||
| 15 | sale of certain motor vehicles incident to the contemporaneous | ||||||
| 16 | lease of those motor vehicles, continue in effect and are not | ||||||
| 17 | changed by the tax on leases implemented by Public Act 103-592 | ||||||
| 18 | this amendatory Act of the 103rd General Assembly. | ||||||
| 19 | Notwithstanding any law to the contrary, for any motor | ||||||
| 20 | vehicle, as defined in Section 1-146 of the Vehicle Code, that | ||||||
| 21 | is sold on or after January 1, 2015 for the purpose of leasing | ||||||
| 22 | the vehicle for a defined period that is longer than one year | ||||||
| 23 | and (1) is a motor vehicle of the second division that: (A) is | ||||||
| 24 | a self-contained motor vehicle designed or permanently | ||||||
| 25 | converted to provide living quarters for recreational, | ||||||
| 26 | camping, or travel use, with direct walk through access to the | ||||||
| |||||||
| |||||||
| 1 | living quarters from the driver's seat; (B) is of the van | ||||||
| 2 | configuration designed for the transportation of not less than | ||||||
| 3 | 7 nor more than 16 passengers; or (C) has a gross vehicle | ||||||
| 4 | weight rating of 8,000 pounds or less or (2) is a motor vehicle | ||||||
| 5 | of the first division, "selling price" or "amount of sale" | ||||||
| 6 | means the consideration received by the lessor pursuant to the | ||||||
| 7 | lease contract, including amounts due at lease signing and all | ||||||
| 8 | monthly or other regular payments charged over the term of the | ||||||
| 9 | lease. Also included in the selling price is any amount | ||||||
| 10 | received by the lessor from the lessee for the leased vehicle | ||||||
| 11 | that is not calculated at the time the lease is executed, | ||||||
| 12 | including, but not limited to, excess mileage charges and | ||||||
| 13 | charges for excess wear and tear. For sales that occur in | ||||||
| 14 | Illinois, with respect to any amount received by the lessor | ||||||
| 15 | from the lessee for the leased vehicle that is not calculated | ||||||
| 16 | at the time the lease is executed, the lessor who purchased the | ||||||
| 17 | motor vehicle does not incur the tax imposed by the Use Tax Act | ||||||
| 18 | on those amounts, and the retailer who makes the retail sale of | ||||||
| 19 | the motor vehicle to the lessor is not required to collect the | ||||||
| 20 | tax imposed by this Act or to pay the tax imposed by the | ||||||
| 21 | Retailers' Occupation Tax Act on those amounts. However, the | ||||||
| 22 | lessor who purchased the motor vehicle assumes the liability | ||||||
| 23 | for reporting and paying the tax on those amounts directly to | ||||||
| 24 | the Department in the same form (Illinois Retailers' | ||||||
| 25 | Occupation Tax, and local retailers' occupation taxes, if | ||||||
| 26 | applicable) in which the retailer would have reported and paid | ||||||
| |||||||
| |||||||
| 1 | such tax if the retailer had accounted for the tax to the | ||||||
| 2 | Department. For amounts received by the lessor from the lessee | ||||||
| 3 | that are not calculated at the time the lease is executed, the | ||||||
| 4 | lessor must file the return and pay the tax to the Department | ||||||
| 5 | by the due date otherwise required by this Act for returns | ||||||
| 6 | other than transaction returns. If the retailer is entitled | ||||||
| 7 | under this Act to a discount for collecting and remitting the | ||||||
| 8 | tax imposed under this Act to the Department with respect to | ||||||
| 9 | the sale of the motor vehicle to the lessor, then the right to | ||||||
| 10 | the discount provided in this Act shall be transferred to the | ||||||
| 11 | lessor with respect to the tax paid by the lessor for any | ||||||
| 12 | amount received by the lessor from the lessee for the leased | ||||||
| 13 | vehicle that is not calculated at the time the lease is | ||||||
| 14 | executed; provided that the discount is only allowed if the | ||||||
| 15 | return is timely filed and for amounts timely paid. The | ||||||
| 16 | "selling price" of a motor vehicle that is sold on or after | ||||||
| 17 | January 1, 2015 for the purpose of leasing for a defined period | ||||||
| 18 | of longer than one year shall not be reduced by the value of or | ||||||
| 19 | credit given for traded-in tangible personal property owned by | ||||||
| 20 | the lessor, nor shall it be reduced by the value of or credit | ||||||
| 21 | given for traded-in tangible personal property owned by the | ||||||
| 22 | lessee, regardless of whether the trade-in value thereof is | ||||||
| 23 | assigned by the lessee to the lessor. In the case of a motor | ||||||
| 24 | vehicle that is sold for the purpose of leasing for a defined | ||||||
| 25 | period of longer than one year, the sale occurs at the time of | ||||||
| 26 | the delivery of the vehicle, regardless of the due date of any | ||||||
| |||||||
| |||||||
| 1 | lease payments. A lessor who incurs a Retailers' Occupation | ||||||
| 2 | Tax liability on the sale of a motor vehicle coming off lease | ||||||
| 3 | may not take a credit against that liability for the Use Tax | ||||||
| 4 | the lessor paid upon the purchase of the motor vehicle (or for | ||||||
| 5 | any tax the lessor paid with respect to any amount received by | ||||||
| 6 | the lessor from the lessee for the leased vehicle that was not | ||||||
| 7 | calculated at the time the lease was executed) if the selling | ||||||
| 8 | price of the motor vehicle at the time of purchase was | ||||||
| 9 | calculated using the definition of "selling price" as defined | ||||||
| 10 | in this paragraph. Notwithstanding any other provision of this | ||||||
| 11 | Act to the contrary, lessors shall file all returns and make | ||||||
| 12 | all payments required under this paragraph to the Department | ||||||
| 13 | by electronic means in the manner and form as required by the | ||||||
| 14 | Department. This paragraph does not apply to leases of motor | ||||||
| 15 | vehicles for which, at the time the lease is entered into, the | ||||||
| 16 | term of the lease is not a defined period, including leases | ||||||
| 17 | with a defined initial period with the option to continue the | ||||||
| 18 | lease on a month-to-month or other basis beyond the initial | ||||||
| 19 | defined period. | ||||||
| 20 | The phrase "like kind and character" shall be liberally | ||||||
| 21 | construed (including, but not limited to, any form of motor | ||||||
| 22 | vehicle for any form of motor vehicle, or any kind of farm or | ||||||
| 23 | agricultural implement for any other kind of farm or | ||||||
| 24 | agricultural implement), while not including a kind of item | ||||||
| 25 | which, if sold at retail by that retailer, would be exempt from | ||||||
| 26 | retailers' occupation tax and use tax as an isolated or | ||||||
| |||||||
| |||||||
| 1 | occasional sale. | ||||||
| 2 | "Department" means the Department of Revenue. | ||||||
| 3 | "Person" means any natural individual, firm, partnership, | ||||||
| 4 | association, joint stock company, joint adventure, public or | ||||||
| 5 | private corporation, limited liability company, or a receiver, | ||||||
| 6 | executor, trustee, guardian, or other representative appointed | ||||||
| 7 | by order of any court. | ||||||
| 8 | "Retailer" means and includes every person engaged in the | ||||||
| 9 | business of making sales, including, on and after January 1, | ||||||
| 10 | 2025, leases, at retail as defined in this Section. With | ||||||
| 11 | respect to leases, a "retailer" also means a "lessor", except | ||||||
| 12 | as otherwise provided in this Act. | ||||||
| 13 | A person who holds himself or herself out as being engaged | ||||||
| 14 | (or who habitually engages) in selling tangible personal | ||||||
| 15 | property at retail is a retailer hereunder with respect to | ||||||
| 16 | such sales (and not primarily in a service occupation) | ||||||
| 17 | notwithstanding the fact that such person designs and produces | ||||||
| 18 | such tangible personal property on special order for the | ||||||
| 19 | purchaser and in such a way as to render the property of value | ||||||
| 20 | only to such purchaser, if such tangible personal property so | ||||||
| 21 | produced on special order serves substantially the same | ||||||
| 22 | function as stock or standard items of tangible personal | ||||||
| 23 | property that are sold at retail. | ||||||
| 24 | A person whose activities are organized and conducted | ||||||
| 25 | primarily as a not-for-profit service enterprise, and who | ||||||
| 26 | engages in selling tangible personal property at retail | ||||||
| |||||||
| |||||||
| 1 | (whether to the public or merely to members and their guests) | ||||||
| 2 | is a retailer with respect to such transactions, excepting | ||||||
| 3 | only a person organized and operated exclusively for | ||||||
| 4 | charitable, religious or educational purposes either (1), to | ||||||
| 5 | the extent of sales by such person to its members, students, | ||||||
| 6 | patients, or inmates of tangible personal property to be used | ||||||
| 7 | primarily for the purposes of such person, or (2), to the | ||||||
| 8 | extent of sales by such person of tangible personal property | ||||||
| 9 | which is not sold or offered for sale by persons organized for | ||||||
| 10 | profit. The selling of school books and school supplies by | ||||||
| 11 | schools at retail to students is not "primarily for the | ||||||
| 12 | purposes of" the school which does such selling. This | ||||||
| 13 | paragraph does not apply to nor subject to taxation occasional | ||||||
| 14 | dinners, social, or similar activities of a person organized | ||||||
| 15 | and operated exclusively for charitable, religious, or | ||||||
| 16 | educational purposes, whether or not such activities are open | ||||||
| 17 | to the public. | ||||||
| 18 | A person who is the recipient of a grant or contract under | ||||||
| 19 | Title VII of the Older Americans Act of 1965 (P.L. 92-258) and | ||||||
| 20 | serves meals to participants in the federal Nutrition Program | ||||||
| 21 | for the Elderly in return for contributions established in | ||||||
| 22 | amount by the individual participant pursuant to a schedule of | ||||||
| 23 | suggested fees as provided for in the federal Act is not a | ||||||
| 24 | retailer under this Act with respect to such transactions. | ||||||
| 25 | Persons who engage in the business of transferring | ||||||
| 26 | tangible personal property upon the redemption of trading | ||||||
| |||||||
| |||||||
| 1 | stamps are retailers hereunder when engaged in such business. | ||||||
| 2 | The isolated or occasional sale of tangible personal | ||||||
| 3 | property at retail by a person who does not hold himself out as | ||||||
| 4 | being engaged (or who does not habitually engage) in selling | ||||||
| 5 | such tangible personal property at retail or a sale through a | ||||||
| 6 | bulk vending machine does not make such person a retailer | ||||||
| 7 | hereunder. However, any person who is engaged in a business | ||||||
| 8 | which is not subject to the tax imposed by the Retailers' | ||||||
| 9 | Occupation Tax Act because of involving the sale of or a | ||||||
| 10 | contract to sell real estate or a construction contract to | ||||||
| 11 | improve real estate, but who, in the course of conducting such | ||||||
| 12 | business, transfers tangible personal property to users or | ||||||
| 13 | consumers in the finished form in which it was purchased, and | ||||||
| 14 | which does not become real estate, under any provision of a | ||||||
| 15 | construction contract or real estate sale or real estate sales | ||||||
| 16 | agreement entered into with some other person arising out of | ||||||
| 17 | or because of such nontaxable business, is a retailer to the | ||||||
| 18 | extent of the value of the tangible personal property so | ||||||
| 19 | transferred. If, in such transaction, a separate charge is | ||||||
| 20 | made for the tangible personal property so transferred, the | ||||||
| 21 | value of such property, for the purposes of this Act, is the | ||||||
| 22 | amount so separately charged, but not less than the cost of | ||||||
| 23 | such property to the transferor; if no separate charge is | ||||||
| 24 | made, the value of such property, for the purposes of this Act, | ||||||
| 25 | is the cost to the transferor of such tangible personal | ||||||
| 26 | property. | ||||||
| |||||||
| |||||||
| 1 | "Retailer maintaining a place of business in this State", | ||||||
| 2 | or any like term, means and includes any of the following | ||||||
| 3 | retailers: | ||||||
| 4 | (1) A retailer having or maintaining within this | ||||||
| 5 | State, directly or by a subsidiary, an office, | ||||||
| 6 | distribution house, sales house, warehouse, or other place | ||||||
| 7 | of business, or any agent or other representative | ||||||
| 8 | operating within this State under the authority of the | ||||||
| 9 | retailer or its subsidiary, irrespective of whether such | ||||||
| 10 | place of business or agent or other representative is | ||||||
| 11 | located here permanently or temporarily, or whether such | ||||||
| 12 | retailer or subsidiary is licensed to do business in this | ||||||
| 13 | State. However, the ownership of property that is located | ||||||
| 14 | at the premises of a printer with which the retailer has | ||||||
| 15 | contracted for printing and that consists of the final | ||||||
| 16 | printed product, property that becomes a part of the final | ||||||
| 17 | printed product, or copy from which the printed product is | ||||||
| 18 | produced shall not result in the retailer being deemed to | ||||||
| 19 | have or maintain an office, distribution house, sales | ||||||
| 20 | house, warehouse, or other place of business within this | ||||||
| 21 | State. | ||||||
| 22 | (1.1) A retailer having a contract with a person | ||||||
| 23 | located in this State under which the person, for a | ||||||
| 24 | commission or other consideration based upon the sale of | ||||||
| 25 | tangible personal property by the retailer, directly or | ||||||
| 26 | indirectly refers potential customers to the retailer by | ||||||
| |||||||
| |||||||
| 1 | providing to the potential customers a promotional code or | ||||||
| 2 | other mechanism that allows the retailer to track | ||||||
| 3 | purchases referred by such persons. Examples of mechanisms | ||||||
| 4 | that allow the retailer to track purchases referred by | ||||||
| 5 | such persons include, but are not limited to, the use of a | ||||||
| 6 | link on the person's Internet website, promotional codes | ||||||
| 7 | distributed through the person's hand-delivered or mailed | ||||||
| 8 | material, and promotional codes distributed by the person | ||||||
| 9 | through radio or other broadcast media. The provisions of | ||||||
| 10 | this paragraph (1.1) shall apply only if the cumulative | ||||||
| 11 | gross receipts from sales of tangible personal property by | ||||||
| 12 | the retailer to customers who are referred to the retailer | ||||||
| 13 | by all persons in this State under such contracts exceed | ||||||
| 14 | $10,000 during the preceding 4 quarterly periods ending on | ||||||
| 15 | the last day of March, June, September, and December. A | ||||||
| 16 | retailer meeting the requirements of this paragraph (1.1) | ||||||
| 17 | shall be presumed to be maintaining a place of business in | ||||||
| 18 | this State but may rebut this presumption by submitting | ||||||
| 19 | proof that the referrals or other activities pursued | ||||||
| 20 | within this State by such persons were not sufficient to | ||||||
| 21 | meet the nexus standards of the United States Constitution | ||||||
| 22 | during the preceding 4 quarterly periods. | ||||||
| 23 | (1.2) Beginning July 1, 2011, a retailer having a | ||||||
| 24 | contract with a person located in this State under which: | ||||||
| 25 | (A) the retailer sells the same or substantially | ||||||
| 26 | similar line of products as the person located in this | ||||||
| |||||||
| |||||||
| 1 | State and does so using an identical or substantially | ||||||
| 2 | similar name, trade name, or trademark as the person | ||||||
| 3 | located in this State; and | ||||||
| 4 | (B) the retailer provides a commission or other | ||||||
| 5 | consideration to the person located in this State | ||||||
| 6 | based upon the sale of tangible personal property by | ||||||
| 7 | the retailer. | ||||||
| 8 | The provisions of this paragraph (1.2) shall apply | ||||||
| 9 | only if the cumulative gross receipts from sales of | ||||||
| 10 | tangible personal property by the retailer to customers in | ||||||
| 11 | this State under all such contracts exceed $10,000 during | ||||||
| 12 | the preceding 4 quarterly periods ending on the last day | ||||||
| 13 | of March, June, September, and December. | ||||||
| 14 | (2) (Blank). | ||||||
| 15 | (3) (Blank). | ||||||
| 16 | (4) (Blank). | ||||||
| 17 | (5) (Blank). | ||||||
| 18 | (6) (Blank). | ||||||
| 19 | (7) (Blank). | ||||||
| 20 | (8) (Blank). | ||||||
| 21 | (9) Beginning October 1, 2018, a retailer making sales | ||||||
| 22 | of tangible personal property to purchasers in Illinois | ||||||
| 23 | from outside of Illinois if: | ||||||
| 24 | (A) the cumulative gross receipts from sales of | ||||||
| 25 | tangible personal property to purchasers in Illinois | ||||||
| 26 | are $100,000 or more; or | ||||||
| |||||||
| |||||||
| 1 | (B) the retailer enters into 200 or more separate | ||||||
| 2 | transactions for the sale of tangible personal | ||||||
| 3 | property to purchasers in Illinois. | ||||||
| 4 | The retailer shall determine on a quarterly basis, | ||||||
| 5 | ending on the last day of March, June, September, and | ||||||
| 6 | December, whether he or she meets the criteria of either | ||||||
| 7 | subparagraph (A) or (B) of this paragraph (9) for the | ||||||
| 8 | preceding 12-month period. If the retailer meets the | ||||||
| 9 | threshold of either subparagraph (A) or (B) for a 12-month | ||||||
| 10 | period, he or she is considered a retailer maintaining a | ||||||
| 11 | place of business in this State and is required to collect | ||||||
| 12 | and remit the tax imposed under this Act and file returns | ||||||
| 13 | for one year. At the end of that one-year period, the | ||||||
| 14 | retailer shall determine whether he or she met the | ||||||
| 15 | threshold of either subparagraph (A) or (B) during the | ||||||
| 16 | preceding 12-month period. If the retailer met the | ||||||
| 17 | criteria in either subparagraph (A) or (B) for the | ||||||
| 18 | preceding 12-month period, he or she is considered a | ||||||
| 19 | retailer maintaining a place of business in this State and | ||||||
| 20 | is required to collect and remit the tax imposed under | ||||||
| 21 | this Act and file returns for the subsequent year. If at | ||||||
| 22 | the end of a one-year period a retailer that was required | ||||||
| 23 | to collect and remit the tax imposed under this Act | ||||||
| 24 | determines that he or she did not meet the threshold in | ||||||
| 25 | either subparagraph (A) or (B) during the preceding | ||||||
| 26 | 12-month period, the retailer shall subsequently determine | ||||||
| |||||||
| |||||||
| 1 | on a quarterly basis, ending on the last day of March, | ||||||
| 2 | June, September, and December, whether he or she meets the | ||||||
| 3 | threshold of either subparagraph (A) or (B) for the | ||||||
| 4 | preceding 12-month period. | ||||||
| 5 | Beginning January 1, 2020, neither the gross receipts | ||||||
| 6 | from nor the number of separate transactions for sales of | ||||||
| 7 | tangible personal property to purchasers in Illinois that | ||||||
| 8 | a retailer makes through a marketplace facilitator and for | ||||||
| 9 | which the retailer has received a certification from the | ||||||
| 10 | marketplace facilitator pursuant to Section 2d of this Act | ||||||
| 11 | shall be included for purposes of determining whether he | ||||||
| 12 | or she has met the thresholds of this paragraph (9). | ||||||
| 13 | (10) Beginning January 1, 2020, a marketplace | ||||||
| 14 | facilitator that meets a threshold set forth in subsection | ||||||
| 15 | (b) of Section 2d of this Act. | ||||||
| 16 | "Bulk vending machine" means a vending machine, containing | ||||||
| 17 | unsorted confections, nuts, toys, or other items designed | ||||||
| 18 | primarily to be used or played with by children which, when a | ||||||
| 19 | coin or coins of a denomination not larger than $0.50 are | ||||||
| 20 | inserted, are dispensed in equal portions, at random and | ||||||
| 21 | without selection by the customer. | ||||||
| 22 | (Source: P.A. 102-353, eff. 1-1-22; 103-592, eff. 1-1-25; | ||||||
| 23 | revised 11-22-24.)
| ||||||
| 24 | (35 ILCS 105/3-5) | ||||||
| 25 | Sec. 3-5. Exemptions. Use, which, on and after January 1, | ||||||
| |||||||
| |||||||
| 1 | 2025, includes use by a lessee, of the following tangible | ||||||
| 2 | personal property is exempt from the tax imposed by this Act: | ||||||
| 3 | (1) Personal property purchased from a corporation, | ||||||
| 4 | society, association, foundation, institution, or | ||||||
| 5 | organization, other than a limited liability company, that is | ||||||
| 6 | organized and operated as a not-for-profit service enterprise | ||||||
| 7 | for the benefit of persons 65 years of age or older if the | ||||||
| 8 | personal property was not purchased by the enterprise for the | ||||||
| 9 | purpose of resale by the enterprise. | ||||||
| 10 | (2) Personal property purchased by a not-for-profit | ||||||
| 11 | Illinois county fair association for use in conducting, | ||||||
| 12 | operating, or promoting the county fair. | ||||||
| 13 | (3) Personal property purchased by a not-for-profit arts | ||||||
| 14 | or cultural organization that establishes, by proof required | ||||||
| 15 | by the Department by rule, that it has received an exemption | ||||||
| 16 | under Section 501(c)(3) of the Internal Revenue Code and that | ||||||
| 17 | is organized and operated primarily for the presentation or | ||||||
| 18 | support of arts or cultural programming, activities, or | ||||||
| 19 | services. These organizations include, but are not limited to, | ||||||
| 20 | music and dramatic arts organizations such as symphony | ||||||
| 21 | orchestras and theatrical groups, arts and cultural service | ||||||
| 22 | organizations, local arts councils, visual arts organizations, | ||||||
| 23 | and media arts organizations. On and after July 1, 2001 (the | ||||||
| 24 | effective date of Public Act 92-35), however, an entity | ||||||
| 25 | otherwise eligible for this exemption shall not make tax-free | ||||||
| 26 | purchases unless it has an active identification number issued | ||||||
| |||||||
| |||||||
| 1 | by the Department. | ||||||
| 2 | (4) Except as otherwise provided in this Act, personal | ||||||
| 3 | property purchased by a governmental body, by a corporation, | ||||||
| 4 | society, association, foundation, or institution organized and | ||||||
| 5 | operated exclusively for charitable, religious, or educational | ||||||
| 6 | purposes, or by a not-for-profit corporation, society, | ||||||
| 7 | association, foundation, institution, or organization that has | ||||||
| 8 | no compensated officers or employees and that is organized and | ||||||
| 9 | operated primarily for the recreation of persons 55 years of | ||||||
| 10 | age or older. A limited liability company may qualify for the | ||||||
| 11 | exemption under this paragraph only if the limited liability | ||||||
| 12 | company is organized and operated exclusively for educational | ||||||
| 13 | purposes. On and after July 1, 1987, however, no entity | ||||||
| 14 | otherwise eligible for this exemption shall make tax-free | ||||||
| 15 | purchases unless it has an active exemption identification | ||||||
| 16 | number issued by the Department. | ||||||
| 17 | (5) Until July 1, 2003, a passenger car that is a | ||||||
| 18 | replacement vehicle to the extent that the purchase price of | ||||||
| 19 | the car is subject to the Replacement Vehicle Tax. | ||||||
| 20 | (6) Until July 1, 2003 and beginning again on September 1, | ||||||
| 21 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 22 | equipment, including repair and replacement parts, both new | ||||||
| 23 | and used, and including that manufactured on special order, | ||||||
| 24 | certified by the purchaser to be used primarily for graphic | ||||||
| 25 | arts production, and including machinery and equipment | ||||||
| 26 | purchased for lease. Equipment includes chemicals or chemicals | ||||||
| |||||||
| |||||||
| 1 | acting as catalysts but only if the chemicals or chemicals | ||||||
| 2 | acting as catalysts effect a direct and immediate change upon | ||||||
| 3 | a graphic arts product. Beginning on July 1, 2017, graphic | ||||||
| 4 | arts machinery and equipment is included in the manufacturing | ||||||
| 5 | and assembling machinery and equipment exemption under | ||||||
| 6 | paragraph (18). | ||||||
| 7 | (7) Farm chemicals. | ||||||
| 8 | (8) Legal tender, currency, medallions, or gold or silver | ||||||
| 9 | coinage issued by the State of Illinois, the government of the | ||||||
| 10 | United States of America, or the government of any foreign | ||||||
| 11 | country, and bullion. | ||||||
| 12 | (9) Personal property purchased from a teacher-sponsored | ||||||
| 13 | student organization affiliated with an elementary or | ||||||
| 14 | secondary school located in Illinois. | ||||||
| 15 | (10) A motor vehicle that is used for automobile renting, | ||||||
| 16 | as defined in the Automobile Renting Occupation and Use Tax | ||||||
| 17 | Act. | ||||||
| 18 | (11) Farm machinery and equipment, both new and used, | ||||||
| 19 | including that manufactured on special order, certified by the | ||||||
| 20 | purchaser to be used primarily for production agriculture or | ||||||
| 21 | State or federal agricultural programs, including individual | ||||||
| 22 | replacement parts for the machinery and equipment, including | ||||||
| 23 | machinery and equipment purchased for lease, and including | ||||||
| 24 | implements of husbandry defined in Section 1-130 of the | ||||||
| 25 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 26 | chemical and fertilizer spreaders, and nurse wagons required | ||||||
| |||||||
| |||||||
| 1 | to be registered under Section 3-809 of the Illinois Vehicle | ||||||
| 2 | Code, but excluding other motor vehicles required to be | ||||||
| 3 | registered under the Illinois Vehicle Code. Horticultural | ||||||
| 4 | polyhouses or hoop houses used for propagating, growing, or | ||||||
| 5 | overwintering plants shall be considered farm machinery and | ||||||
| 6 | equipment under this item (11). Agricultural chemical tender | ||||||
| 7 | tanks and dry boxes shall include units sold separately from a | ||||||
| 8 | motor vehicle required to be licensed and units sold mounted | ||||||
| 9 | on a motor vehicle required to be licensed if the selling price | ||||||
| 10 | of the tender is separately stated. | ||||||
| 11 | Farm machinery and equipment shall include precision | ||||||
| 12 | farming equipment that is installed or purchased to be | ||||||
| 13 | installed on farm machinery and equipment, including, but not | ||||||
| 14 | limited to, tractors, harvesters, sprayers, planters, seeders, | ||||||
| 15 | or spreaders. Precision farming equipment includes, but is not | ||||||
| 16 | limited to, soil testing sensors, computers, monitors, | ||||||
| 17 | software, global positioning and mapping systems, and other | ||||||
| 18 | such equipment. | ||||||
| 19 | Farm machinery and equipment also includes computers, | ||||||
| 20 | sensors, software, and related equipment used primarily in the | ||||||
| 21 | computer-assisted operation of production agriculture | ||||||
| 22 | facilities, equipment, and activities such as, but not limited | ||||||
| 23 | to, the collection, monitoring, and correlation of animal and | ||||||
| 24 | crop data for the purpose of formulating animal diets and | ||||||
| 25 | agricultural chemicals. | ||||||
| 26 | Beginning on January 1, 2024, farm machinery and equipment | ||||||
| |||||||
| |||||||
| 1 | also includes electrical power generation equipment used | ||||||
| 2 | primarily for production agriculture. | ||||||
| 3 | This item (11) is exempt from the provisions of Section | ||||||
| 4 | 3-90. | ||||||
| 5 | (12) Until June 30, 2013, fuel and petroleum products sold | ||||||
| 6 | to or used by an air common carrier, certified by the carrier | ||||||
| 7 | to be used for consumption, shipment, or storage in the | ||||||
| 8 | conduct of its business as an air common carrier, for a flight | ||||||
| 9 | destined for or returning from a location or locations outside | ||||||
| 10 | the United States without regard to previous or subsequent | ||||||
| 11 | domestic stopovers. | ||||||
| 12 | Beginning July 1, 2013, fuel and petroleum products sold | ||||||
| 13 | to or used by an air carrier, certified by the carrier to be | ||||||
| 14 | used for consumption, shipment, or storage in the conduct of | ||||||
| 15 | its business as an air common carrier, for a flight that (i) is | ||||||
| 16 | engaged in foreign trade or is engaged in trade between the | ||||||
| 17 | United States and any of its possessions and (ii) transports | ||||||
| 18 | at least one individual or package for hire from the city of | ||||||
| 19 | origination to the city of final destination on the same | ||||||
| 20 | aircraft, without regard to a change in the flight number of | ||||||
| 21 | that aircraft. | ||||||
| 22 | (13) Proceeds of mandatory service charges separately | ||||||
| 23 | stated on customers' bills for the purchase and consumption of | ||||||
| 24 | food and beverages purchased at retail from a retailer, to the | ||||||
| 25 | extent that the proceeds of the service charge are in fact | ||||||
| 26 | turned over as tips or as a substitute for tips to the | ||||||
| |||||||
| |||||||
| 1 | employees who participate directly in preparing, serving, | ||||||
| 2 | hosting or cleaning up the food or beverage function with | ||||||
| 3 | respect to which the service charge is imposed. | ||||||
| 4 | (14) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 5 | and production equipment, including (i) rigs and parts of | ||||||
| 6 | rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||||||
| 7 | pipe and tubular goods, including casing and drill strings, | ||||||
| 8 | (iii) pumps and pump-jack units, (iv) storage tanks and flow | ||||||
| 9 | lines, (v) any individual replacement part for oil field | ||||||
| 10 | exploration, drilling, and production equipment, and (vi) | ||||||
| 11 | machinery and equipment purchased for lease; but excluding | ||||||
| 12 | motor vehicles required to be registered under the Illinois | ||||||
| 13 | Vehicle Code. | ||||||
| 14 | (15) Photoprocessing machinery and equipment, including | ||||||
| 15 | repair and replacement parts, both new and used, including | ||||||
| 16 | that manufactured on special order, certified by the purchaser | ||||||
| 17 | to be used primarily for photoprocessing, and including | ||||||
| 18 | photoprocessing machinery and equipment purchased for lease. | ||||||
| 19 | (16) Until July 1, 2028, coal and aggregate exploration, | ||||||
| 20 | mining, off-highway hauling, processing, maintenance, and | ||||||
| 21 | reclamation equipment, including replacement parts and | ||||||
| 22 | equipment, and including equipment purchased for lease, but | ||||||
| 23 | excluding motor vehicles required to be registered under the | ||||||
| 24 | Illinois Vehicle Code. The changes made to this Section by | ||||||
| 25 | Public Act 97-767 apply on and after July 1, 2003, but no claim | ||||||
| 26 | for credit or refund is allowed on or after August 16, 2013 | ||||||
| |||||||
| |||||||
| 1 | (the effective date of Public Act 98-456) for such taxes paid | ||||||
| 2 | during the period beginning July 1, 2003 and ending on August | ||||||
| 3 | 16, 2013 (the effective date of Public Act 98-456). | ||||||
| 4 | (17) Until July 1, 2003, distillation machinery and | ||||||
| 5 | equipment, sold as a unit or kit, assembled or installed by the | ||||||
| 6 | retailer, certified by the user to be used only for the | ||||||
| 7 | production of ethyl alcohol that will be used for consumption | ||||||
| 8 | as motor fuel or as a component of motor fuel for the personal | ||||||
| 9 | use of the user, and not subject to sale or resale. | ||||||
| 10 | (18) Manufacturing and assembling machinery and equipment | ||||||
| 11 | used primarily in the process of manufacturing or assembling | ||||||
| 12 | tangible personal property for wholesale or retail sale or | ||||||
| 13 | lease, whether that sale or lease is made directly by the | ||||||
| 14 | manufacturer or by some other person, whether the materials | ||||||
| 15 | used in the process are owned by the manufacturer or some other | ||||||
| 16 | person, or whether that sale or lease is made apart from or as | ||||||
| 17 | an incident to the seller's engaging in the service occupation | ||||||
| 18 | of producing machines, tools, dies, jigs, patterns, gauges, or | ||||||
| 19 | other similar items of no commercial value on special order | ||||||
| 20 | for a particular purchaser. The exemption provided by this | ||||||
| 21 | paragraph (18) includes production related tangible personal | ||||||
| 22 | property, as defined in Section 3-50, purchased on or after | ||||||
| 23 | July 1, 2019. The exemption provided by this paragraph (18) | ||||||
| 24 | does not include machinery and equipment used in (i) the | ||||||
| 25 | generation of electricity for wholesale or retail sale; (ii) | ||||||
| 26 | the generation or treatment of natural or artificial gas for | ||||||
| |||||||
| |||||||
| 1 | wholesale or retail sale that is delivered to customers | ||||||
| 2 | through pipes, pipelines, or mains; or (iii) the treatment of | ||||||
| 3 | water for wholesale or retail sale that is delivered to | ||||||
| 4 | customers through pipes, pipelines, or mains. The provisions | ||||||
| 5 | of Public Act 98-583 are declaratory of existing law as to the | ||||||
| 6 | meaning and scope of this exemption. Beginning on July 1, | ||||||
| 7 | 2017, the exemption provided by this paragraph (18) includes, | ||||||
| 8 | but is not limited to, graphic arts machinery and equipment, | ||||||
| 9 | as defined in paragraph (6) of this Section. | ||||||
| 10 | (19) Personal property delivered to a purchaser or | ||||||
| 11 | purchaser's donee inside Illinois when the purchase order for | ||||||
| 12 | that personal property was received by a florist located | ||||||
| 13 | outside Illinois who has a florist located inside Illinois | ||||||
| 14 | deliver the personal property. | ||||||
| 15 | (20) Semen used for artificial insemination of livestock | ||||||
| 16 | for direct agricultural production. | ||||||
| 17 | (21) Horses, or interests in horses, registered with and | ||||||
| 18 | meeting the requirements of any of the Arabian Horse Club | ||||||
| 19 | Registry of America, Appaloosa Horse Club, American Quarter | ||||||
| 20 | Horse Association, United States Trotting Association, or | ||||||
| 21 | Jockey Club, as appropriate, used for purposes of breeding or | ||||||
| 22 | racing for prizes. This item (21) is exempt from the | ||||||
| 23 | provisions of Section 3-90, and the exemption provided for | ||||||
| 24 | under this item (21) applies for all periods beginning May 30, | ||||||
| 25 | 1995, but no claim for credit or refund is allowed on or after | ||||||
| 26 | January 1, 2008 for such taxes paid during the period | ||||||
| |||||||
| |||||||
| 1 | beginning May 30, 2000 and ending on January 1, 2008. | ||||||
| 2 | (22) Computers and communications equipment utilized for | ||||||
| 3 | any hospital purpose and equipment used in the diagnosis, | ||||||
| 4 | analysis, or treatment of hospital patients purchased by a | ||||||
| 5 | lessor who leases the equipment, under a lease of one year or | ||||||
| 6 | longer executed or in effect at the time the lessor would | ||||||
| 7 | otherwise be subject to the tax imposed by this Act, to a | ||||||
| 8 | hospital that has been issued an active tax exemption | ||||||
| 9 | identification number by the Department under Section 1g of | ||||||
| 10 | the Retailers' Occupation Tax Act. If the equipment is leased | ||||||
| 11 | in a manner that does not qualify for this exemption or is used | ||||||
| 12 | in any other non-exempt manner, the lessor shall be liable for | ||||||
| 13 | the tax imposed under this Act or the Service Use Tax Act, as | ||||||
| 14 | the case may be, based on the fair market value of the property | ||||||
| 15 | at the time the non-qualifying use occurs. No lessor shall | ||||||
| 16 | collect or attempt to collect an amount (however designated) | ||||||
| 17 | that purports to reimburse that lessor for the tax imposed by | ||||||
| 18 | this Act or the Service Use Tax Act, as the case may be, if the | ||||||
| 19 | tax has not been paid by the lessor. If a lessor improperly | ||||||
| 20 | collects any such amount from the lessee, the lessee shall | ||||||
| 21 | have a legal right to claim a refund of that amount from the | ||||||
| 22 | lessor. If, however, that amount is not refunded to the lessee | ||||||
| 23 | for any reason, the lessor is liable to pay that amount to the | ||||||
| 24 | Department. | ||||||
| 25 | (23) Personal property purchased by a lessor who leases | ||||||
| 26 | the property, under a lease of one year or longer executed or | ||||||
| |||||||
| |||||||
| 1 | in effect at the time the lessor would otherwise be subject to | ||||||
| 2 | the tax imposed by this Act, to a governmental body that has | ||||||
| 3 | been issued an active sales tax exemption identification | ||||||
| 4 | number by the Department under Section 1g of the Retailers' | ||||||
| 5 | Occupation Tax Act. If the property is leased in a manner that | ||||||
| 6 | does not qualify for this exemption or used in any other | ||||||
| 7 | non-exempt manner, the lessor shall be liable for the tax | ||||||
| 8 | imposed under this Act or the Service Use Tax Act, as the case | ||||||
| 9 | may be, based on the fair market value of the property at the | ||||||
| 10 | time the non-qualifying use occurs. No lessor shall collect or | ||||||
| 11 | attempt to collect an amount (however designated) that | ||||||
| 12 | purports to reimburse that lessor for the tax imposed by this | ||||||
| 13 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
| 14 | has not been paid by the lessor. If a lessor improperly | ||||||
| 15 | collects any such amount from the lessee, the lessee shall | ||||||
| 16 | have a legal right to claim a refund of that amount from the | ||||||
| 17 | lessor. If, however, that amount is not refunded to the lessee | ||||||
| 18 | for any reason, the lessor is liable to pay that amount to the | ||||||
| 19 | Department. | ||||||
| 20 | (24) Beginning with taxable years ending on or after | ||||||
| 21 | December 31, 1995 and ending with taxable years ending on or | ||||||
| 22 | before December 31, 2004, personal property that is donated | ||||||
| 23 | for disaster relief to be used in a State or federally declared | ||||||
| 24 | disaster area in Illinois or bordering Illinois by a | ||||||
| 25 | manufacturer or retailer that is registered in this State to a | ||||||
| 26 | corporation, society, association, foundation, or institution | ||||||
| |||||||
| |||||||
| 1 | that has been issued a sales tax exemption identification | ||||||
| 2 | number by the Department that assists victims of the disaster | ||||||
| 3 | who reside within the declared disaster area. | ||||||
| 4 | (25) Beginning with taxable years ending on or after | ||||||
| 5 | December 31, 1995 and ending with taxable years ending on or | ||||||
| 6 | before December 31, 2004, personal property that is used in | ||||||
| 7 | the performance of infrastructure repairs in this State, | ||||||
| 8 | including, but not limited to, municipal roads and streets, | ||||||
| 9 | access roads, bridges, sidewalks, waste disposal systems, | ||||||
| 10 | water and sewer line extensions, water distribution and | ||||||
| 11 | purification facilities, storm water drainage and retention | ||||||
| 12 | facilities, and sewage treatment facilities, resulting from a | ||||||
| 13 | State or federally declared disaster in Illinois or bordering | ||||||
| 14 | Illinois when such repairs are initiated on facilities located | ||||||
| 15 | in the declared disaster area within 6 months after the | ||||||
| 16 | disaster. | ||||||
| 17 | (26) Beginning July 1, 1999, game or game birds purchased | ||||||
| 18 | at a "game breeding and hunting preserve area" as that term is | ||||||
| 19 | used in the Wildlife Code. This paragraph is exempt from the | ||||||
| 20 | provisions of Section 3-90. | ||||||
| 21 | (27) A motor vehicle, as that term is defined in Section | ||||||
| 22 | 1-146 of the Illinois Vehicle Code, that is donated to a | ||||||
| 23 | corporation, limited liability company, society, association, | ||||||
| 24 | foundation, or institution that is determined by the | ||||||
| 25 | Department to be organized and operated exclusively for | ||||||
| 26 | educational purposes. For purposes of this exemption, "a | ||||||
| |||||||
| |||||||
| 1 | corporation, limited liability company, society, association, | ||||||
| 2 | foundation, or institution organized and operated exclusively | ||||||
| 3 | for educational purposes" means all tax-supported public | ||||||
| 4 | schools, private schools that offer systematic instruction in | ||||||
| 5 | useful branches of learning by methods common to public | ||||||
| 6 | schools and that compare favorably in their scope and | ||||||
| 7 | intensity with the course of study presented in tax-supported | ||||||
| 8 | schools, and vocational or technical schools or institutes | ||||||
| 9 | organized and operated exclusively to provide a course of | ||||||
| 10 | study of not less than 6 weeks duration and designed to prepare | ||||||
| 11 | individuals to follow a trade or to pursue a manual, | ||||||
| 12 | technical, mechanical, industrial, business, or commercial | ||||||
| 13 | occupation. | ||||||
| 14 | (28) Beginning January 1, 2000, personal property, | ||||||
| 15 | including food, purchased through fundraising events for the | ||||||
| 16 | benefit of a public or private elementary or secondary school, | ||||||
| 17 | a group of those schools, or one or more school districts if | ||||||
| 18 | the events are sponsored by an entity recognized by the school | ||||||
| 19 | district that consists primarily of volunteers and includes | ||||||
| 20 | parents and teachers of the school children. This paragraph | ||||||
| 21 | does not apply to fundraising events (i) for the benefit of | ||||||
| 22 | private home instruction or (ii) for which the fundraising | ||||||
| 23 | entity purchases the personal property sold at the events from | ||||||
| 24 | another individual or entity that sold the property for the | ||||||
| 25 | purpose of resale by the fundraising entity and that profits | ||||||
| 26 | from the sale to the fundraising entity. This paragraph is | ||||||
| |||||||
| |||||||
| 1 | exempt from the provisions of Section 3-90. | ||||||
| 2 | (29) Beginning January 1, 2000 and through December 31, | ||||||
| 3 | 2001, new or used automatic vending machines that prepare and | ||||||
| 4 | serve hot food and beverages, including coffee, soup, and | ||||||
| 5 | other items, and replacement parts for these machines. | ||||||
| 6 | Beginning January 1, 2002 and through June 30, 2003, machines | ||||||
| 7 | and parts for machines used in commercial, coin-operated | ||||||
| 8 | amusement and vending business if a use or occupation tax is | ||||||
| 9 | paid on the gross receipts derived from the use of the | ||||||
| 10 | commercial, coin-operated amusement and vending machines. This | ||||||
| 11 | paragraph is exempt from the provisions of Section 3-90. | ||||||
| 12 | (30) Beginning January 1, 2001 and through June 30, 2016, | ||||||
| 13 | food for human consumption that is to be consumed off the | ||||||
| 14 | premises where it is sold (other than alcoholic beverages, | ||||||
| 15 | soft drinks, and food that has been prepared for immediate | ||||||
| 16 | consumption) and prescription and nonprescription medicines, | ||||||
| 17 | drugs, medical appliances, and insulin, urine testing | ||||||
| 18 | materials, syringes, and needles used by diabetics, for human | ||||||
| 19 | use, when purchased for use by a person receiving medical | ||||||
| 20 | assistance under Article V of the Illinois Public Aid Code who | ||||||
| 21 | resides in a licensed long-term care facility, as defined in | ||||||
| 22 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 23 | in the ID/DD Community Care Act, the MC/DD Act, or the | ||||||
| 24 | Specialized Mental Health Rehabilitation Act of 2013. | ||||||
| 25 | (31) Beginning on August 2, 2001 (the effective date of | ||||||
| 26 | Public Act 92-227), computers and communications equipment | ||||||
| |||||||
| |||||||
| 1 | utilized for any hospital purpose and equipment used in the | ||||||
| 2 | diagnosis, analysis, or treatment of hospital patients | ||||||
| 3 | purchased by a lessor who leases the equipment, under a lease | ||||||
| 4 | of one year or longer executed or in effect at the time the | ||||||
| 5 | lessor would otherwise be subject to the tax imposed by this | ||||||
| 6 | Act, to a hospital that has been issued an active tax exemption | ||||||
| 7 | identification number by the Department under Section 1g of | ||||||
| 8 | the Retailers' Occupation Tax Act. If the equipment is leased | ||||||
| 9 | in a manner that does not qualify for this exemption or is used | ||||||
| 10 | in any other nonexempt manner, the lessor shall be liable for | ||||||
| 11 | the tax imposed under this Act or the Service Use Tax Act, as | ||||||
| 12 | the case may be, based on the fair market value of the property | ||||||
| 13 | at the time the nonqualifying use occurs. No lessor shall | ||||||
| 14 | collect or attempt to collect an amount (however designated) | ||||||
| 15 | that purports to reimburse that lessor for the tax imposed by | ||||||
| 16 | this Act or the Service Use Tax Act, as the case may be, if the | ||||||
| 17 | tax has not been paid by the lessor. If a lessor improperly | ||||||
| 18 | collects any such amount from the lessee, the lessee shall | ||||||
| 19 | have a legal right to claim a refund of that amount from the | ||||||
| 20 | lessor. If, however, that amount is not refunded to the lessee | ||||||
| 21 | for any reason, the lessor is liable to pay that amount to the | ||||||
| 22 | Department. This paragraph is exempt from the provisions of | ||||||
| 23 | Section 3-90. | ||||||
| 24 | (32) Beginning on August 2, 2001 (the effective date of | ||||||
| 25 | Public Act 92-227), personal property purchased by a lessor | ||||||
| 26 | who leases the property, under a lease of one year or longer | ||||||
| |||||||
| |||||||
| 1 | executed or in effect at the time the lessor would otherwise be | ||||||
| 2 | subject to the tax imposed by this Act, to a governmental body | ||||||
| 3 | that has been issued an active sales tax exemption | ||||||
| 4 | identification number by the Department under Section 1g of | ||||||
| 5 | the Retailers' Occupation Tax Act. If the property is leased | ||||||
| 6 | in a manner that does not qualify for this exemption or used in | ||||||
| 7 | any other nonexempt manner, the lessor shall be liable for the | ||||||
| 8 | tax imposed under this Act or the Service Use Tax Act, as the | ||||||
| 9 | case may be, based on the fair market value of the property at | ||||||
| 10 | the time the nonqualifying use occurs. No lessor shall collect | ||||||
| 11 | or attempt to collect an amount (however designated) that | ||||||
| 12 | purports to reimburse that lessor for the tax imposed by this | ||||||
| 13 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
| 14 | has not been paid by the lessor. If a lessor improperly | ||||||
| 15 | collects any such amount from the lessee, the lessee shall | ||||||
| 16 | have a legal right to claim a refund of that amount from the | ||||||
| 17 | lessor. If, however, that amount is not refunded to the lessee | ||||||
| 18 | for any reason, the lessor is liable to pay that amount to the | ||||||
| 19 | Department. This paragraph is exempt from the provisions of | ||||||
| 20 | Section 3-90. | ||||||
| 21 | (33) On and after July 1, 2003 and through June 30, 2004, | ||||||
| 22 | the use in this State of motor vehicles of the second division | ||||||
| 23 | with a gross vehicle weight in excess of 8,000 pounds and that | ||||||
| 24 | are subject to the commercial distribution fee imposed under | ||||||
| 25 | Section 3-815.1 of the Illinois Vehicle Code. Beginning on | ||||||
| 26 | July 1, 2004 and through June 30, 2005, the use in this State | ||||||
| |||||||
| |||||||
| 1 | of motor vehicles of the second division: (i) with a gross | ||||||
| 2 | vehicle weight rating in excess of 8,000 pounds; (ii) that are | ||||||
| 3 | subject to the commercial distribution fee imposed under | ||||||
| 4 | Section 3-815.1 of the Illinois Vehicle Code; and (iii) that | ||||||
| 5 | are primarily used for commercial purposes. Through June 30, | ||||||
| 6 | 2005, this exemption applies to repair and replacement parts | ||||||
| 7 | added after the initial purchase of such a motor vehicle if | ||||||
| 8 | that motor vehicle is used in a manner that would qualify for | ||||||
| 9 | the rolling stock exemption otherwise provided for in this | ||||||
| 10 | Act. For purposes of this paragraph, the term "used for | ||||||
| 11 | commercial purposes" means the transportation of persons or | ||||||
| 12 | property in furtherance of any commercial or industrial | ||||||
| 13 | enterprise, whether for-hire or not. | ||||||
| 14 | (34) Beginning January 1, 2008, tangible personal property | ||||||
| 15 | used in the construction or maintenance of a community water | ||||||
| 16 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 17 | Protection Act, that is operated by a not-for-profit | ||||||
| 18 | corporation that holds a valid water supply permit issued | ||||||
| 19 | under Title IV of the Environmental Protection Act. This | ||||||
| 20 | paragraph is exempt from the provisions of Section 3-90. | ||||||
| 21 | (35) Beginning January 1, 2010 and continuing through | ||||||
| 22 | December 31, 2029, materials, parts, equipment, components, | ||||||
| 23 | and furnishings incorporated into or upon an aircraft as part | ||||||
| 24 | of the modification, refurbishment, completion, replacement, | ||||||
| 25 | repair, or maintenance of the aircraft. This exemption | ||||||
| 26 | includes consumable supplies used in the modification, | ||||||
| |||||||
| |||||||
| 1 | refurbishment, completion, replacement, repair, and | ||||||
| 2 | maintenance of aircraft. However, until January 1, 2024, this | ||||||
| 3 | exemption excludes any materials, parts, equipment, | ||||||
| 4 | components, and consumable supplies used in the modification, | ||||||
| 5 | replacement, repair, and maintenance of aircraft engines or | ||||||
| 6 | power plants, whether such engines or power plants are | ||||||
| 7 | installed or uninstalled upon any such aircraft. "Consumable | ||||||
| 8 | supplies" include, but are not limited to, adhesive, tape, | ||||||
| 9 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
| 10 | latex gloves, and protective films. | ||||||
| 11 | Beginning January 1, 2010 and continuing through December | ||||||
| 12 | 31, 2023, this exemption applies only to the use of qualifying | ||||||
| 13 | tangible personal property by persons who modify, refurbish, | ||||||
| 14 | complete, repair, replace, or maintain aircraft and who (i) | ||||||
| 15 | hold an Air Agency Certificate and are empowered to operate an | ||||||
| 16 | approved repair station by the Federal Aviation | ||||||
| 17 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 18 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 19 | Regulations. From January 1, 2024 through December 31, 2029, | ||||||
| 20 | this exemption applies only to the use of qualifying tangible | ||||||
| 21 | personal property by: (A) persons who modify, refurbish, | ||||||
| 22 | complete, repair, replace, or maintain aircraft and who (i) | ||||||
| 23 | hold an Air Agency Certificate and are empowered to operate an | ||||||
| 24 | approved repair station by the Federal Aviation | ||||||
| 25 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 26 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| |||||||
| |||||||
| 1 | Regulations; and (B) persons who engage in the modification, | ||||||
| 2 | replacement, repair, and maintenance of aircraft engines or | ||||||
| 3 | power plants without regard to whether or not those persons | ||||||
| 4 | meet the qualifications of item (A). | ||||||
| 5 | The exemption does not include aircraft operated by a | ||||||
| 6 | commercial air carrier providing scheduled passenger air | ||||||
| 7 | service pursuant to authority issued under Part 121 or Part | ||||||
| 8 | 129 of the Federal Aviation Regulations. The changes made to | ||||||
| 9 | this paragraph (35) by Public Act 98-534 are declarative of | ||||||
| 10 | existing law. It is the intent of the General Assembly that the | ||||||
| 11 | exemption under this paragraph (35) applies continuously from | ||||||
| 12 | January 1, 2010 through December 31, 2024; however, no claim | ||||||
| 13 | for credit or refund is allowed for taxes paid as a result of | ||||||
| 14 | the disallowance of this exemption on or after January 1, 2015 | ||||||
| 15 | and prior to February 5, 2020 (the effective date of Public Act | ||||||
| 16 | 101-629). | ||||||
| 17 | (36) Tangible personal property purchased by a | ||||||
| 18 | public-facilities corporation, as described in Section | ||||||
| 19 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 20 | constructing or furnishing a municipal convention hall, but | ||||||
| 21 | only if the legal title to the municipal convention hall is | ||||||
| 22 | transferred to the municipality without any further | ||||||
| 23 | consideration by or on behalf of the municipality at the time | ||||||
| 24 | of the completion of the municipal convention hall or upon the | ||||||
| 25 | retirement or redemption of any bonds or other debt | ||||||
| 26 | instruments issued by the public-facilities corporation in | ||||||
| |||||||
| |||||||
| 1 | connection with the development of the municipal convention | ||||||
| 2 | hall. This exemption includes existing public-facilities | ||||||
| 3 | corporations as provided in Section 11-65-25 of the Illinois | ||||||
| 4 | Municipal Code. This paragraph is exempt from the provisions | ||||||
| 5 | of Section 3-90. | ||||||
| 6 | (37) Beginning January 1, 2017 and through December 31, | ||||||
| 7 | 2026, menstrual pads, tampons, and menstrual cups. | ||||||
| 8 | (38) Merchandise that is subject to the Rental Purchase | ||||||
| 9 | Agreement Occupation and Use Tax. The purchaser must certify | ||||||
| 10 | that the item is purchased to be rented subject to a | ||||||
| 11 | rental-purchase agreement, as defined in the Rental-Purchase | ||||||
| 12 | Agreement Act, and provide proof of registration under the | ||||||
| 13 | Rental Purchase Agreement Occupation and Use Tax Act. This | ||||||
| 14 | paragraph is exempt from the provisions of Section 3-90. | ||||||
| 15 | (39) Tangible personal property purchased by a purchaser | ||||||
| 16 | who is exempt from the tax imposed by this Act by operation of | ||||||
| 17 | federal law. This paragraph is exempt from the provisions of | ||||||
| 18 | Section 3-90. | ||||||
| 19 | (40) Qualified tangible personal property used in the | ||||||
| 20 | construction or operation of a data center that has been | ||||||
| 21 | granted a certificate of exemption by the Department of | ||||||
| 22 | Commerce and Economic Opportunity, whether that tangible | ||||||
| 23 | personal property is purchased by the owner, operator, or | ||||||
| 24 | tenant of the data center or by a contractor or subcontractor | ||||||
| 25 | of the owner, operator, or tenant. Data centers that would | ||||||
| 26 | have qualified for a certificate of exemption prior to January | ||||||
| |||||||
| |||||||
| 1 | 1, 2020 had Public Act 101-31 been in effect may apply for and | ||||||
| 2 | obtain an exemption for subsequent purchases of computer | ||||||
| 3 | equipment or enabling software purchased or leased to upgrade, | ||||||
| 4 | supplement, or replace computer equipment or enabling software | ||||||
| 5 | purchased or leased in the original investment that would have | ||||||
| 6 | qualified. | ||||||
| 7 | The Department of Commerce and Economic Opportunity shall | ||||||
| 8 | grant a certificate of exemption under this item (40) to | ||||||
| 9 | qualified data centers as defined by Section 605-1025 of the | ||||||
| 10 | Department of Commerce and Economic Opportunity Law of the | ||||||
| 11 | Civil Administrative Code of Illinois. | ||||||
| 12 | For the purposes of this item (40): | ||||||
| 13 | "Data center" means a building or a series of | ||||||
| 14 | buildings rehabilitated or constructed to house working | ||||||
| 15 | servers in one physical location or multiple sites within | ||||||
| 16 | the State of Illinois. | ||||||
| 17 | "Qualified tangible personal property" means: | ||||||
| 18 | electrical systems and equipment; climate control and | ||||||
| 19 | chilling equipment and systems; mechanical systems and | ||||||
| 20 | equipment; monitoring and secure systems; emergency | ||||||
| 21 | generators; hardware; computers; servers; data storage | ||||||
| 22 | devices; network connectivity equipment; racks; cabinets; | ||||||
| 23 | telecommunications cabling infrastructure; raised floor | ||||||
| 24 | systems; peripheral components or systems; software; | ||||||
| 25 | mechanical, electrical, or plumbing systems; battery | ||||||
| 26 | systems; cooling systems and towers; temperature control | ||||||
| |||||||
| |||||||
| 1 | systems; other cabling; and other data center | ||||||
| 2 | infrastructure equipment and systems necessary to operate | ||||||
| 3 | qualified tangible personal property, including fixtures; | ||||||
| 4 | and component parts of any of the foregoing, including | ||||||
| 5 | installation, maintenance, repair, refurbishment, and | ||||||
| 6 | replacement of qualified tangible personal property to | ||||||
| 7 | generate, transform, transmit, distribute, or manage | ||||||
| 8 | electricity necessary to operate qualified tangible | ||||||
| 9 | personal property; and all other tangible personal | ||||||
| 10 | property that is essential to the operations of a computer | ||||||
| 11 | data center. The term "qualified tangible personal | ||||||
| 12 | property" also includes building materials physically | ||||||
| 13 | incorporated into the qualifying data center. To document | ||||||
| 14 | the exemption allowed under this Section, the retailer | ||||||
| 15 | must obtain from the purchaser a copy of the certificate | ||||||
| 16 | of eligibility issued by the Department of Commerce and | ||||||
| 17 | Economic Opportunity. | ||||||
| 18 | This item (40) is exempt from the provisions of Section | ||||||
| 19 | 3-90. | ||||||
| 20 | (41) Beginning July 1, 2022, breast pumps, breast pump | ||||||
| 21 | collection and storage supplies, and breast pump kits. This | ||||||
| 22 | item (41) is exempt from the provisions of Section 3-90. As | ||||||
| 23 | used in this item (41): | ||||||
| 24 | "Breast pump" means an electrically controlled or | ||||||
| 25 | manually controlled pump device designed or marketed to be | ||||||
| 26 | used to express milk from a human breast during lactation, | ||||||
| |||||||
| |||||||
| 1 | including the pump device and any battery, AC adapter, or | ||||||
| 2 | other power supply unit that is used to power the pump | ||||||
| 3 | device and is packaged and sold with the pump device at the | ||||||
| 4 | time of sale. | ||||||
| 5 | "Breast pump collection and storage supplies" means | ||||||
| 6 | items of tangible personal property designed or marketed | ||||||
| 7 | to be used in conjunction with a breast pump to collect | ||||||
| 8 | milk expressed from a human breast and to store collected | ||||||
| 9 | milk until it is ready for consumption. | ||||||
| 10 | "Breast pump collection and storage supplies" | ||||||
| 11 | includes, but is not limited to: breast shields and breast | ||||||
| 12 | shield connectors; breast pump tubes and tubing adapters; | ||||||
| 13 | breast pump valves and membranes; backflow protectors and | ||||||
| 14 | backflow protector adaptors; bottles and bottle caps | ||||||
| 15 | specific to the operation of the breast pump; and breast | ||||||
| 16 | milk storage bags. | ||||||
| 17 | "Breast pump collection and storage supplies" does not | ||||||
| 18 | include: (1) bottles and bottle caps not specific to the | ||||||
| 19 | operation of the breast pump; (2) breast pump travel bags | ||||||
| 20 | and other similar carrying accessories, including ice | ||||||
| 21 | packs, labels, and other similar products; (3) breast pump | ||||||
| 22 | cleaning supplies; (4) nursing bras, bra pads, breast | ||||||
| 23 | shells, and other similar products; and (5) creams, | ||||||
| 24 | ointments, and other similar products that relieve | ||||||
| 25 | breastfeeding-related symptoms or conditions of the | ||||||
| 26 | breasts or nipples, unless sold as part of a breast pump | ||||||
| |||||||
| |||||||
| 1 | kit that is pre-packaged by the breast pump manufacturer | ||||||
| 2 | or distributor. | ||||||
| 3 | "Breast pump kit" means a kit that: (1) contains no | ||||||
| 4 | more than a breast pump, breast pump collection and | ||||||
| 5 | storage supplies, a rechargeable battery for operating the | ||||||
| 6 | breast pump, a breastmilk cooler, bottle stands, ice | ||||||
| 7 | packs, and a breast pump carrying case; and (2) is | ||||||
| 8 | pre-packaged as a breast pump kit by the breast pump | ||||||
| 9 | manufacturer or distributor. | ||||||
| 10 | (42) Tangible personal property sold by or on behalf of | ||||||
| 11 | the State Treasurer pursuant to the Revised Uniform Unclaimed | ||||||
| 12 | Property Act. This item (42) is exempt from the provisions of | ||||||
| 13 | Section 3-90. | ||||||
| 14 | (43) Beginning on January 1, 2024, tangible personal | ||||||
| 15 | property purchased by an active duty member of the armed | ||||||
| 16 | forces of the United States who presents valid military | ||||||
| 17 | identification and purchases the property using a form of | ||||||
| 18 | payment where the federal government is the payor. The member | ||||||
| 19 | of the armed forces must complete, at the point of sale, a form | ||||||
| 20 | prescribed by the Department of Revenue documenting that the | ||||||
| 21 | transaction is eligible for the exemption under this | ||||||
| 22 | paragraph. Retailers must keep the form as documentation of | ||||||
| 23 | the exemption in their records for a period of not less than 6 | ||||||
| 24 | years. "Armed forces of the United States" means the United | ||||||
| 25 | States Army, Navy, Air Force, Space Force, Marine Corps, or | ||||||
| 26 | Coast Guard. This paragraph is exempt from the provisions of | ||||||
| |||||||
| |||||||
| 1 | Section 3-90. | ||||||
| 2 | (44) Beginning July 1, 2024, home-delivered meals provided | ||||||
| 3 | to Medicare or Medicaid recipients when payment is made by an | ||||||
| 4 | intermediary, such as a Medicare Administrative Contractor, a | ||||||
| 5 | Managed Care Organization, or a Medicare Advantage | ||||||
| 6 | Organization, pursuant to a government contract. This item | ||||||
| 7 | (44) is exempt from the provisions of Section 3-90. | ||||||
| 8 | (45) (44) Beginning on January 1, 2026, as further defined | ||||||
| 9 | in Section 3-10, food for human consumption that is to be | ||||||
| 10 | consumed off the premises where it is sold (other than | ||||||
| 11 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 12 | use cannabis, soft drinks, candy, and food that has been | ||||||
| 13 | prepared for immediate consumption). This item (45) (44) is | ||||||
| 14 | exempt from the provisions of Section 3-90. | ||||||
| 15 | (46) (44) Use by the lessee of the following leased | ||||||
| 16 | tangible personal property: | ||||||
| 17 | (1) software transferred subject to a license that | ||||||
| 18 | meets the following requirements: | ||||||
| 19 | (A) it is evidenced by a written agreement signed | ||||||
| 20 | by the licensor and the customer; | ||||||
| 21 | (i) an electronic agreement in which the | ||||||
| 22 | customer accepts the license by means of an | ||||||
| 23 | electronic signature that is verifiable and can be | ||||||
| 24 | authenticated and is attached to or made part of | ||||||
| 25 | the license will comply with this requirement; | ||||||
| 26 | (ii) a license agreement in which the customer | ||||||
| |||||||
| |||||||
| 1 | electronically accepts the terms by clicking "I | ||||||
| 2 | agree" does not comply with this requirement; | ||||||
| 3 | (B) it restricts the customer's duplication and | ||||||
| 4 | use of the software; | ||||||
| 5 | (C) it prohibits the customer from licensing, | ||||||
| 6 | sublicensing, or transferring the software to a third | ||||||
| 7 | party (except to a related party) without the | ||||||
| 8 | permission and continued control of the licensor; | ||||||
| 9 | (D) the licensor has a policy of providing another | ||||||
| 10 | copy at minimal or no charge if the customer loses or | ||||||
| 11 | damages the software, or of permitting the licensee to | ||||||
| 12 | make and keep an archival copy, and such policy is | ||||||
| 13 | either stated in the license agreement, supported by | ||||||
| 14 | the licensor's books and records, or supported by a | ||||||
| 15 | notarized statement made under penalties of perjury by | ||||||
| 16 | the licensor; and | ||||||
| 17 | (E) the customer must destroy or return all copies | ||||||
| 18 | of the software to the licensor at the end of the | ||||||
| 19 | license period; this provision is deemed to be met, in | ||||||
| 20 | the case of a perpetual license, without being set | ||||||
| 21 | forth in the license agreement; and | ||||||
| 22 | (2) property that is subject to a tax on lease | ||||||
| 23 | receipts imposed by a home rule unit of local government | ||||||
| 24 | if the ordinance imposing that tax was adopted prior to | ||||||
| 25 | January 1, 2023. | ||||||
| 26 | (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||||||
| |||||||
| |||||||
| 1 | Section 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5, | ||||||
| 2 | eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||||||
| 3 | Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5, | ||||||
| 4 | eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||||||
| 5 | 103-592, eff. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff. | ||||||
| 6 | 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; revised | ||||||
| 7 | 11-26-24.)
| ||||||
| 8 | (35 ILCS 105/3-10) from Ch. 120, par. 439.33-10 | ||||||
| 9 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 10 | Section, the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 11 | either the selling price or the fair market value, if any, of | ||||||
| 12 | the tangible personal property, which, on and after January 1, | ||||||
| 13 | 2025, includes leases of tangible personal property. In all | ||||||
| 14 | cases where property functionally used or consumed is the same | ||||||
| 15 | as the property that was purchased at retail, then the tax is | ||||||
| 16 | imposed on the selling price of the property. In all cases | ||||||
| 17 | where property functionally used or consumed is a by-product | ||||||
| 18 | or waste product that has been refined, manufactured, or | ||||||
| 19 | produced from property purchased at retail, then the tax is | ||||||
| 20 | imposed on the lower of the fair market value, if any, of the | ||||||
| 21 | specific property so used in this State or on the selling price | ||||||
| 22 | of the property purchased at retail. For purposes of this | ||||||
| 23 | Section "fair market value" means the price at which property | ||||||
| 24 | would change hands between a willing buyer and a willing | ||||||
| 25 | seller, neither being under any compulsion to buy or sell and | ||||||
| |||||||
| |||||||
| 1 | both having reasonable knowledge of the relevant facts. The | ||||||
| 2 | fair market value shall be established by Illinois sales by | ||||||
| 3 | the taxpayer of the same property as that functionally used or | ||||||
| 4 | consumed, or if there are no such sales by the taxpayer, then | ||||||
| 5 | comparable sales or purchases of property of like kind and | ||||||
| 6 | character in Illinois. | ||||||
| 7 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 8 | with respect to motor fuel, as defined in Section 1.1 of the | ||||||
| 9 | Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of | ||||||
| 10 | the Use Tax Act, the tax is imposed at the rate of 1.25%. | ||||||
| 11 | Beginning on August 6, 2010 through August 15, 2010, and | ||||||
| 12 | beginning again on August 5, 2022 through August 14, 2022, | ||||||
| 13 | with respect to sales tax holiday items as defined in Section | ||||||
| 14 | 3-6 of this Act, the tax is imposed at the rate of 1.25%. | ||||||
| 15 | With respect to gasohol, the tax imposed by this Act | ||||||
| 16 | applies to (i) 70% of the proceeds of sales made on or after | ||||||
| 17 | January 1, 1990, and before July 1, 2003, (ii) 80% of the | ||||||
| 18 | proceeds of sales made on or after July 1, 2003 and on or | ||||||
| 19 | before July 1, 2017, (iii) 100% of the proceeds of sales made | ||||||
| 20 | after July 1, 2017 and prior to January 1, 2024, (iv) 90% of | ||||||
| 21 | the proceeds of sales made on or after January 1, 2024 and on | ||||||
| 22 | or before December 31, 2028, and (v) 100% of the proceeds of | ||||||
| 23 | sales made after December 31, 2028. If, at any time, however, | ||||||
| 24 | the tax under this Act on sales of gasohol is imposed at the | ||||||
| 25 | rate of 1.25%, then the tax imposed by this Act applies to 100% | ||||||
| 26 | of the proceeds of sales of gasohol made during that time. | ||||||
| |||||||
| |||||||
| 1 | With respect to mid-range ethanol blends, the tax imposed | ||||||
| 2 | by this Act applies to (i) 80% of the proceeds of sales made on | ||||||
| 3 | or after January 1, 2024 and on or before December 31, 2028 and | ||||||
| 4 | (ii) 100% of the proceeds of sales made thereafter. If, at any | ||||||
| 5 | time, however, the tax under this Act on sales of mid-range | ||||||
| 6 | ethanol blends is imposed at the rate of 1.25%, then the tax | ||||||
| 7 | imposed by this Act applies to 100% of the proceeds of sales of | ||||||
| 8 | mid-range ethanol blends made during that time. | ||||||
| 9 | With respect to majority blended ethanol fuel, the tax | ||||||
| 10 | imposed by this Act does not apply to the proceeds of sales | ||||||
| 11 | made on or after July 1, 2003 and on or before December 31, | ||||||
| 12 | 2028 but applies to 100% of the proceeds of sales made | ||||||
| 13 | thereafter. | ||||||
| 14 | With respect to biodiesel blends with no less than 1% and | ||||||
| 15 | no more than 10% biodiesel, the tax imposed by this Act applies | ||||||
| 16 | to (i) 80% of the proceeds of sales made on or after July 1, | ||||||
| 17 | 2003 and on or before December 31, 2018 and (ii) 100% of the | ||||||
| 18 | proceeds of sales made after December 31, 2018 and before | ||||||
| 19 | January 1, 2024. On and after January 1, 2024 and on or before | ||||||
| 20 | December 31, 2030, the taxation of biodiesel, renewable | ||||||
| 21 | diesel, and biodiesel blends shall be as provided in Section | ||||||
| 22 | 3-5.1. If, at any time, however, the tax under this Act on | ||||||
| 23 | sales of biodiesel blends with no less than 1% and no more than | ||||||
| 24 | 10% biodiesel is imposed at the rate of 1.25%, then the tax | ||||||
| 25 | imposed by this Act applies to 100% of the proceeds of sales of | ||||||
| 26 | biodiesel blends with no less than 1% and no more than 10% | ||||||
| |||||||
| |||||||
| 1 | biodiesel made during that time. | ||||||
| 2 | With respect to biodiesel and biodiesel blends with more | ||||||
| 3 | than 10% but no more than 99% biodiesel, the tax imposed by | ||||||
| 4 | this Act does not apply to the proceeds of sales made on or | ||||||
| 5 | after July 1, 2003 and on or before December 31, 2023. On and | ||||||
| 6 | after January 1, 2024 and on or before December 31, 2030, the | ||||||
| 7 | taxation of biodiesel, renewable diesel, and biodiesel blends | ||||||
| 8 | shall be as provided in Section 3-5.1. | ||||||
| 9 | Until July 1, 2022 and from July 1, 2023 through December | ||||||
| 10 | 31, 2025, with respect to food for human consumption that is to | ||||||
| 11 | be consumed off the premises where it is sold (other than | ||||||
| 12 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 13 | use cannabis, soft drinks, and food that has been prepared for | ||||||
| 14 | immediate consumption), the tax is imposed at the rate of 1%. | ||||||
| 15 | Beginning on July 1, 2022 and until July 1, 2023, with respect | ||||||
| 16 | to food for human consumption that is to be consumed off the | ||||||
| 17 | premises where it is sold (other than alcoholic beverages, | ||||||
| 18 | food consisting of or infused with adult use cannabis, soft | ||||||
| 19 | drinks, and food that has been prepared for immediate | ||||||
| 20 | consumption), the tax is imposed at the rate of 0%. On and | ||||||
| 21 | after January 1, 2026, food for human consumption that is to be | ||||||
| 22 | consumed off the premises where it is sold (other than | ||||||
| 23 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 24 | use cannabis, soft drinks, candy, and food that has been | ||||||
| 25 | prepared for immediate consumption) is exempt from the tax | ||||||
| 26 | imposed by this Act. | ||||||
| |||||||
| |||||||
| 1 | With respect to prescription and nonprescription | ||||||
| 2 | medicines, drugs, medical appliances, products classified as | ||||||
| 3 | Class III medical devices by the United States Food and Drug | ||||||
| 4 | Administration that are used for cancer treatment pursuant to | ||||||
| 5 | a prescription, as well as any accessories and components | ||||||
| 6 | related to those devices, modifications to a motor vehicle for | ||||||
| 7 | the purpose of rendering it usable by a person with a | ||||||
| 8 | disability, and insulin, blood sugar testing materials, | ||||||
| 9 | syringes, and needles used by human diabetics, the tax is | ||||||
| 10 | imposed at the rate of 1%. For the purposes of this Section, | ||||||
| 11 | until September 1, 2009: the term "soft drinks" means any | ||||||
| 12 | complete, finished, ready-to-use, non-alcoholic drink, whether | ||||||
| 13 | carbonated or not, including, but not limited to, soda water, | ||||||
| 14 | cola, fruit juice, vegetable juice, carbonated water, and all | ||||||
| 15 | other preparations commonly known as soft drinks of whatever | ||||||
| 16 | kind or description that are contained in any closed or sealed | ||||||
| 17 | bottle, can, carton, or container, regardless of size; but | ||||||
| 18 | "soft drinks" does not include coffee, tea, non-carbonated | ||||||
| 19 | water, infant formula, milk or milk products as defined in the | ||||||
| 20 | Grade A Pasteurized Milk and Milk Products Act, or drinks | ||||||
| 21 | containing 50% or more natural fruit or vegetable juice. | ||||||
| 22 | Notwithstanding any other provisions of this Act, | ||||||
| 23 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 24 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 25 | drinks" does not include beverages that contain milk or milk | ||||||
| 26 | products, soy, rice or similar milk substitutes, or greater | ||||||
| |||||||
| |||||||
| 1 | than 50% of vegetable or fruit juice by volume. | ||||||
| 2 | Until August 1, 2009, and notwithstanding any other | ||||||
| 3 | provisions of this Act, "food for human consumption that is to | ||||||
| 4 | be consumed off the premises where it is sold" includes all | ||||||
| 5 | food sold through a vending machine, except soft drinks and | ||||||
| 6 | food products that are dispensed hot from a vending machine, | ||||||
| 7 | regardless of the location of the vending machine. Beginning | ||||||
| 8 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 9 | this Act, "food for human consumption that is to be consumed | ||||||
| 10 | off the premises where it is sold" includes all food sold | ||||||
| 11 | through a vending machine, except soft drinks, candy, and food | ||||||
| 12 | products that are dispensed hot from a vending machine, | ||||||
| 13 | regardless of the location of the vending machine. | ||||||
| 14 | Notwithstanding any other provisions of this Act, | ||||||
| 15 | beginning September 1, 2009, "food for human consumption that | ||||||
| 16 | is to be consumed off the premises where it is sold" does not | ||||||
| 17 | include candy. For purposes of this Section, "candy" means a | ||||||
| 18 | preparation of sugar, honey, or other natural or artificial | ||||||
| 19 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
| 20 | other ingredients or flavorings in the form of bars, drops, or | ||||||
| 21 | pieces. "Candy" does not include any preparation that contains | ||||||
| 22 | flour or requires refrigeration. | ||||||
| 23 | Notwithstanding any other provisions of this Act, | ||||||
| 24 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 25 | drugs" does not include grooming and hygiene products. For | ||||||
| 26 | purposes of this Section, "grooming and hygiene products" | ||||||
| |||||||
| |||||||
| 1 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 2 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 3 | lotions and screens, unless those products are available by | ||||||
| 4 | prescription only, regardless of whether the products meet the | ||||||
| 5 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 6 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 7 | use that contains a label that identifies the product as a drug | ||||||
| 8 | as required by 21 CFR 201.66. The "over-the-counter-drug" | ||||||
| 9 | label includes: | ||||||
| 10 | (A) a "Drug Facts" panel; or | ||||||
| 11 | (B) a statement of the "active ingredient(s)" with a | ||||||
| 12 | list of those ingredients contained in the compound, | ||||||
| 13 | substance or preparation. | ||||||
| 14 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 15 | Act 98-122), "prescription and nonprescription medicines and | ||||||
| 16 | drugs" includes medical cannabis purchased from a registered | ||||||
| 17 | dispensing organization under the Compassionate Use of Medical | ||||||
| 18 | Cannabis Program Act. | ||||||
| 19 | As used in this Section, "adult use cannabis" means | ||||||
| 20 | cannabis subject to tax under the Cannabis Cultivation | ||||||
| 21 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
| 22 | and does not include cannabis subject to tax under the | ||||||
| 23 | Compassionate Use of Medical Cannabis Program Act. | ||||||
| 24 | If the property that is purchased at retail from a | ||||||
| 25 | retailer is acquired outside Illinois and used outside | ||||||
| 26 | Illinois before being brought to Illinois for use here and is | ||||||
| |||||||
| |||||||
| 1 | taxable under this Act, the "selling price" on which the tax is | ||||||
| 2 | computed shall be reduced by an amount that represents a | ||||||
| 3 | reasonable allowance for depreciation for the period of prior | ||||||
| 4 | out-of-state use. No depreciation is allowed in cases where | ||||||
| 5 | the tax under this Act is imposed on lease receipts. | ||||||
| 6 | (Source: P.A. 102-4, eff. 4-27-21; 102-700, Article 20, | ||||||
| 7 | Section 20-5, eff. 4-19-22; 102-700, Article 60, Section | ||||||
| 8 | 60-15, eff. 4-19-22; 102-700, Article 65, Section 65-5, eff. | ||||||
| 9 | 4-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592, | ||||||
| 10 | eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.)
| ||||||
| 11 | Section 295. The Service Use Tax Act is amended by | ||||||
| 12 | changing Sections 3-5, 3-10, and 9 as follows:
| ||||||
| 13 | (35 ILCS 110/3-5) | ||||||
| 14 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
| 15 | personal property is exempt from the tax imposed by this Act: | ||||||
| 16 | (1) Personal property purchased from a corporation, | ||||||
| 17 | society, association, foundation, institution, or | ||||||
| 18 | organization, other than a limited liability company, that is | ||||||
| 19 | organized and operated as a not-for-profit service enterprise | ||||||
| 20 | for the benefit of persons 65 years of age or older if the | ||||||
| 21 | personal property was not purchased by the enterprise for the | ||||||
| 22 | purpose of resale by the enterprise. | ||||||
| 23 | (2) Personal property purchased by a non-profit Illinois | ||||||
| 24 | county fair association for use in conducting, operating, or | ||||||
| |||||||
| |||||||
| 1 | promoting the county fair. | ||||||
| 2 | (3) Personal property purchased by a not-for-profit arts | ||||||
| 3 | or cultural organization that establishes, by proof required | ||||||
| 4 | by the Department by rule, that it has received an exemption | ||||||
| 5 | under Section 501(c)(3) of the Internal Revenue Code and that | ||||||
| 6 | is organized and operated primarily for the presentation or | ||||||
| 7 | support of arts or cultural programming, activities, or | ||||||
| 8 | services. These organizations include, but are not limited to, | ||||||
| 9 | music and dramatic arts organizations such as symphony | ||||||
| 10 | orchestras and theatrical groups, arts and cultural service | ||||||
| 11 | organizations, local arts councils, visual arts organizations, | ||||||
| 12 | and media arts organizations. On and after July 1, 2001 (the | ||||||
| 13 | effective date of Public Act 92-35), however, an entity | ||||||
| 14 | otherwise eligible for this exemption shall not make tax-free | ||||||
| 15 | purchases unless it has an active identification number issued | ||||||
| 16 | by the Department. | ||||||
| 17 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
| 18 | coinage issued by the State of Illinois, the government of the | ||||||
| 19 | United States of America, or the government of any foreign | ||||||
| 20 | country, and bullion. | ||||||
| 21 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
| 22 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 23 | equipment, including repair and replacement parts, both new | ||||||
| 24 | and used, and including that manufactured on special order or | ||||||
| 25 | purchased for lease, certified by the purchaser to be used | ||||||
| 26 | primarily for graphic arts production. Equipment includes | ||||||
| |||||||
| |||||||
| 1 | chemicals or chemicals acting as catalysts but only if the | ||||||
| 2 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| 3 | immediate change upon a graphic arts product. Beginning on | ||||||
| 4 | July 1, 2017, graphic arts machinery and equipment is included | ||||||
| 5 | in the manufacturing and assembling machinery and equipment | ||||||
| 6 | exemption under Section 2 of this Act. | ||||||
| 7 | (6) Personal property purchased from a teacher-sponsored | ||||||
| 8 | student organization affiliated with an elementary or | ||||||
| 9 | secondary school located in Illinois. | ||||||
| 10 | (7) Farm machinery and equipment, both new and used, | ||||||
| 11 | including that manufactured on special order, certified by the | ||||||
| 12 | purchaser to be used primarily for production agriculture or | ||||||
| 13 | State or federal agricultural programs, including individual | ||||||
| 14 | replacement parts for the machinery and equipment, including | ||||||
| 15 | machinery and equipment purchased for lease, and including | ||||||
| 16 | implements of husbandry defined in Section 1-130 of the | ||||||
| 17 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 18 | chemical and fertilizer spreaders, and nurse wagons required | ||||||
| 19 | to be registered under Section 3-809 of the Illinois Vehicle | ||||||
| 20 | Code, but excluding other motor vehicles required to be | ||||||
| 21 | registered under the Illinois Vehicle Code. Horticultural | ||||||
| 22 | polyhouses or hoop houses used for propagating, growing, or | ||||||
| 23 | overwintering plants shall be considered farm machinery and | ||||||
| 24 | equipment under this item (7). Agricultural chemical tender | ||||||
| 25 | tanks and dry boxes shall include units sold separately from a | ||||||
| 26 | motor vehicle required to be licensed and units sold mounted | ||||||
| |||||||
| |||||||
| 1 | on a motor vehicle required to be licensed if the selling price | ||||||
| 2 | of the tender is separately stated. | ||||||
| 3 | Farm machinery and equipment shall include precision | ||||||
| 4 | farming equipment that is installed or purchased to be | ||||||
| 5 | installed on farm machinery and equipment, including, but not | ||||||
| 6 | limited to, tractors, harvesters, sprayers, planters, seeders, | ||||||
| 7 | or spreaders. Precision farming equipment includes, but is not | ||||||
| 8 | limited to, soil testing sensors, computers, monitors, | ||||||
| 9 | software, global positioning and mapping systems, and other | ||||||
| 10 | such equipment. | ||||||
| 11 | Farm machinery and equipment also includes computers, | ||||||
| 12 | sensors, software, and related equipment used primarily in the | ||||||
| 13 | computer-assisted operation of production agriculture | ||||||
| 14 | facilities, equipment, and activities such as, but not limited | ||||||
| 15 | to, the collection, monitoring, and correlation of animal and | ||||||
| 16 | crop data for the purpose of formulating animal diets and | ||||||
| 17 | agricultural chemicals. | ||||||
| 18 | Beginning on January 1, 2024, farm machinery and equipment | ||||||
| 19 | also includes electrical power generation equipment used | ||||||
| 20 | primarily for production agriculture. | ||||||
| 21 | This item (7) is exempt from the provisions of Section | ||||||
| 22 | 3-75. | ||||||
| 23 | (8) Until June 30, 2013, fuel and petroleum products sold | ||||||
| 24 | to or used by an air common carrier, certified by the carrier | ||||||
| 25 | to be used for consumption, shipment, or storage in the | ||||||
| 26 | conduct of its business as an air common carrier, for a flight | ||||||
| |||||||
| |||||||
| 1 | destined for or returning from a location or locations outside | ||||||
| 2 | the United States without regard to previous or subsequent | ||||||
| 3 | domestic stopovers. | ||||||
| 4 | Beginning July 1, 2013, fuel and petroleum products sold | ||||||
| 5 | to or used by an air carrier, certified by the carrier to be | ||||||
| 6 | used for consumption, shipment, or storage in the conduct of | ||||||
| 7 | its business as an air common carrier, for a flight that (i) is | ||||||
| 8 | engaged in foreign trade or is engaged in trade between the | ||||||
| 9 | United States and any of its possessions and (ii) transports | ||||||
| 10 | at least one individual or package for hire from the city of | ||||||
| 11 | origination to the city of final destination on the same | ||||||
| 12 | aircraft, without regard to a change in the flight number of | ||||||
| 13 | that aircraft. | ||||||
| 14 | (9) Proceeds of mandatory service charges separately | ||||||
| 15 | stated on customers' bills for the purchase and consumption of | ||||||
| 16 | food and beverages acquired as an incident to the purchase of a | ||||||
| 17 | service from a serviceman, to the extent that the proceeds of | ||||||
| 18 | the service charge are in fact turned over as tips or as a | ||||||
| 19 | substitute for tips to the employees who participate directly | ||||||
| 20 | in preparing, serving, hosting or cleaning up the food or | ||||||
| 21 | beverage function with respect to which the service charge is | ||||||
| 22 | imposed. | ||||||
| 23 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 24 | and production equipment, including (i) rigs and parts of | ||||||
| 25 | rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||||||
| 26 | pipe and tubular goods, including casing and drill strings, | ||||||
| |||||||
| |||||||
| 1 | (iii) pumps and pump-jack units, (iv) storage tanks and flow | ||||||
| 2 | lines, (v) any individual replacement part for oil field | ||||||
| 3 | exploration, drilling, and production equipment, and (vi) | ||||||
| 4 | machinery and equipment purchased for lease; but excluding | ||||||
| 5 | motor vehicles required to be registered under the Illinois | ||||||
| 6 | Vehicle Code. | ||||||
| 7 | (11) Proceeds from the sale of photoprocessing machinery | ||||||
| 8 | and equipment, including repair and replacement parts, both | ||||||
| 9 | new and used, including that manufactured on special order, | ||||||
| 10 | certified by the purchaser to be used primarily for | ||||||
| 11 | photoprocessing, and including photoprocessing machinery and | ||||||
| 12 | equipment purchased for lease. | ||||||
| 13 | (12) Until July 1, 2028, coal and aggregate exploration, | ||||||
| 14 | mining, off-highway hauling, processing, maintenance, and | ||||||
| 15 | reclamation equipment, including replacement parts and | ||||||
| 16 | equipment, and including equipment purchased for lease, but | ||||||
| 17 | excluding motor vehicles required to be registered under the | ||||||
| 18 | Illinois Vehicle Code. The changes made to this Section by | ||||||
| 19 | Public Act 97-767 apply on and after July 1, 2003, but no claim | ||||||
| 20 | for credit or refund is allowed on or after August 16, 2013 | ||||||
| 21 | (the effective date of Public Act 98-456) for such taxes paid | ||||||
| 22 | during the period beginning July 1, 2003 and ending on August | ||||||
| 23 | 16, 2013 (the effective date of Public Act 98-456). | ||||||
| 24 | (13) Semen used for artificial insemination of livestock | ||||||
| 25 | for direct agricultural production. | ||||||
| 26 | (14) Horses, or interests in horses, registered with and | ||||||
| |||||||
| |||||||
| 1 | meeting the requirements of any of the Arabian Horse Club | ||||||
| 2 | Registry of America, Appaloosa Horse Club, American Quarter | ||||||
| 3 | Horse Association, United States Trotting Association, or | ||||||
| 4 | Jockey Club, as appropriate, used for purposes of breeding or | ||||||
| 5 | racing for prizes. This item (14) is exempt from the | ||||||
| 6 | provisions of Section 3-75, and the exemption provided for | ||||||
| 7 | under this item (14) applies for all periods beginning May 30, | ||||||
| 8 | 1995, but no claim for credit or refund is allowed on or after | ||||||
| 9 | January 1, 2008 (the effective date of Public Act 95-88) for | ||||||
| 10 | such taxes paid during the period beginning May 30, 2000 and | ||||||
| 11 | ending on January 1, 2008 (the effective date of Public Act | ||||||
| 12 | 95-88). | ||||||
| 13 | (15) Computers and communications equipment utilized for | ||||||
| 14 | any hospital purpose and equipment used in the diagnosis, | ||||||
| 15 | analysis, or treatment of hospital patients purchased by a | ||||||
| 16 | lessor who leases the equipment, under a lease of one year or | ||||||
| 17 | longer executed or in effect at the time the lessor would | ||||||
| 18 | otherwise be subject to the tax imposed by this Act, to a | ||||||
| 19 | hospital that has been issued an active tax exemption | ||||||
| 20 | identification number by the Department under Section 1g of | ||||||
| 21 | the Retailers' Occupation Tax Act. If the equipment is leased | ||||||
| 22 | in a manner that does not qualify for this exemption or is used | ||||||
| 23 | in any other non-exempt manner, the lessor shall be liable for | ||||||
| 24 | the tax imposed under this Act or the Use Tax Act, as the case | ||||||
| 25 | may be, based on the fair market value of the property at the | ||||||
| 26 | time the non-qualifying use occurs. No lessor shall collect or | ||||||
| |||||||
| |||||||
| 1 | attempt to collect an amount (however designated) that | ||||||
| 2 | purports to reimburse that lessor for the tax imposed by this | ||||||
| 3 | Act or the Use Tax Act, as the case may be, if the tax has not | ||||||
| 4 | been paid by the lessor. If a lessor improperly collects any | ||||||
| 5 | such amount from the lessee, the lessee shall have a legal | ||||||
| 6 | right to claim a refund of that amount from the lessor. If, | ||||||
| 7 | however, that amount is not refunded to the lessee for any | ||||||
| 8 | reason, the lessor is liable to pay that amount to the | ||||||
| 9 | Department. | ||||||
| 10 | (16) Personal property purchased by a lessor who leases | ||||||
| 11 | the property, under a lease of one year or longer executed or | ||||||
| 12 | in effect at the time the lessor would otherwise be subject to | ||||||
| 13 | the tax imposed by this Act, to a governmental body that has | ||||||
| 14 | been issued an active tax exemption identification number by | ||||||
| 15 | the Department under Section 1g of the Retailers' Occupation | ||||||
| 16 | Tax Act. If the property is leased in a manner that does not | ||||||
| 17 | qualify for this exemption or is used in any other non-exempt | ||||||
| 18 | manner, the lessor shall be liable for the tax imposed under | ||||||
| 19 | this Act or the Use Tax Act, as the case may be, based on the | ||||||
| 20 | fair market value of the property at the time the | ||||||
| 21 | non-qualifying use occurs. No lessor shall collect or attempt | ||||||
| 22 | to collect an amount (however designated) that purports to | ||||||
| 23 | reimburse that lessor for the tax imposed by this Act or the | ||||||
| 24 | Use Tax Act, as the case may be, if the tax has not been paid | ||||||
| 25 | by the lessor. If a lessor improperly collects any such amount | ||||||
| 26 | from the lessee, the lessee shall have a legal right to claim a | ||||||
| |||||||
| |||||||
| 1 | refund of that amount from the lessor. If, however, that | ||||||
| 2 | amount is not refunded to the lessee for any reason, the lessor | ||||||
| 3 | is liable to pay that amount to the Department. | ||||||
| 4 | (17) Beginning with taxable years ending on or after | ||||||
| 5 | December 31, 1995 and ending with taxable years ending on or | ||||||
| 6 | before December 31, 2004, personal property that is donated | ||||||
| 7 | for disaster relief to be used in a State or federally declared | ||||||
| 8 | disaster area in Illinois or bordering Illinois by a | ||||||
| 9 | manufacturer or retailer that is registered in this State to a | ||||||
| 10 | corporation, society, association, foundation, or institution | ||||||
| 11 | that has been issued a sales tax exemption identification | ||||||
| 12 | number by the Department that assists victims of the disaster | ||||||
| 13 | who reside within the declared disaster area. | ||||||
| 14 | (18) Beginning with taxable years ending on or after | ||||||
| 15 | December 31, 1995 and ending with taxable years ending on or | ||||||
| 16 | before December 31, 2004, personal property that is used in | ||||||
| 17 | the performance of infrastructure repairs in this State, | ||||||
| 18 | including, but not limited to, municipal roads and streets, | ||||||
| 19 | access roads, bridges, sidewalks, waste disposal systems, | ||||||
| 20 | water and sewer line extensions, water distribution and | ||||||
| 21 | purification facilities, storm water drainage and retention | ||||||
| 22 | facilities, and sewage treatment facilities, resulting from a | ||||||
| 23 | State or federally declared disaster in Illinois or bordering | ||||||
| 24 | Illinois when such repairs are initiated on facilities located | ||||||
| 25 | in the declared disaster area within 6 months after the | ||||||
| 26 | disaster. | ||||||
| |||||||
| |||||||
| 1 | (19) Beginning July 1, 1999, game or game birds purchased | ||||||
| 2 | at a "game breeding and hunting preserve area" as that term is | ||||||
| 3 | used in the Wildlife Code. This paragraph is exempt from the | ||||||
| 4 | provisions of Section 3-75. | ||||||
| 5 | (20) A motor vehicle, as that term is defined in Section | ||||||
| 6 | 1-146 of the Illinois Vehicle Code, that is donated to a | ||||||
| 7 | corporation, limited liability company, society, association, | ||||||
| 8 | foundation, or institution that is determined by the | ||||||
| 9 | Department to be organized and operated exclusively for | ||||||
| 10 | educational purposes. For purposes of this exemption, "a | ||||||
| 11 | corporation, limited liability company, society, association, | ||||||
| 12 | foundation, or institution organized and operated exclusively | ||||||
| 13 | for educational purposes" means all tax-supported public | ||||||
| 14 | schools, private schools that offer systematic instruction in | ||||||
| 15 | useful branches of learning by methods common to public | ||||||
| 16 | schools and that compare favorably in their scope and | ||||||
| 17 | intensity with the course of study presented in tax-supported | ||||||
| 18 | schools, and vocational or technical schools or institutes | ||||||
| 19 | organized and operated exclusively to provide a course of | ||||||
| 20 | study of not less than 6 weeks duration and designed to prepare | ||||||
| 21 | individuals to follow a trade or to pursue a manual, | ||||||
| 22 | technical, mechanical, industrial, business, or commercial | ||||||
| 23 | occupation. | ||||||
| 24 | (21) Beginning January 1, 2000, personal property, | ||||||
| 25 | including food, purchased through fundraising events for the | ||||||
| 26 | benefit of a public or private elementary or secondary school, | ||||||
| |||||||
| |||||||
| 1 | a group of those schools, or one or more school districts if | ||||||
| 2 | the events are sponsored by an entity recognized by the school | ||||||
| 3 | district that consists primarily of volunteers and includes | ||||||
| 4 | parents and teachers of the school children. This paragraph | ||||||
| 5 | does not apply to fundraising events (i) for the benefit of | ||||||
| 6 | private home instruction or (ii) for which the fundraising | ||||||
| 7 | entity purchases the personal property sold at the events from | ||||||
| 8 | another individual or entity that sold the property for the | ||||||
| 9 | purpose of resale by the fundraising entity and that profits | ||||||
| 10 | from the sale to the fundraising entity. This paragraph is | ||||||
| 11 | exempt from the provisions of Section 3-75. | ||||||
| 12 | (22) Beginning January 1, 2000 and through December 31, | ||||||
| 13 | 2001, new or used automatic vending machines that prepare and | ||||||
| 14 | serve hot food and beverages, including coffee, soup, and | ||||||
| 15 | other items, and replacement parts for these machines. | ||||||
| 16 | Beginning January 1, 2002 and through June 30, 2003, machines | ||||||
| 17 | and parts for machines used in commercial, coin-operated | ||||||
| 18 | amusement and vending business if a use or occupation tax is | ||||||
| 19 | paid on the gross receipts derived from the use of the | ||||||
| 20 | commercial, coin-operated amusement and vending machines. This | ||||||
| 21 | paragraph is exempt from the provisions of Section 3-75. | ||||||
| 22 | (23) Beginning August 23, 2001 and through June 30, 2016, | ||||||
| 23 | food for human consumption that is to be consumed off the | ||||||
| 24 | premises where it is sold (other than alcoholic beverages, | ||||||
| 25 | soft drinks, and food that has been prepared for immediate | ||||||
| 26 | consumption) and prescription and nonprescription medicines, | ||||||
| |||||||
| |||||||
| 1 | drugs, medical appliances, and insulin, urine testing | ||||||
| 2 | materials, syringes, and needles used by diabetics, for human | ||||||
| 3 | use, when purchased for use by a person receiving medical | ||||||
| 4 | assistance under Article V of the Illinois Public Aid Code who | ||||||
| 5 | resides in a licensed long-term care facility, as defined in | ||||||
| 6 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 7 | in the ID/DD Community Care Act, the MC/DD Act, or the | ||||||
| 8 | Specialized Mental Health Rehabilitation Act of 2013. | ||||||
| 9 | (24) Beginning on August 2, 2001 (the effective date of | ||||||
| 10 | Public Act 92-227), computers and communications equipment | ||||||
| 11 | utilized for any hospital purpose and equipment used in the | ||||||
| 12 | diagnosis, analysis, or treatment of hospital patients | ||||||
| 13 | purchased by a lessor who leases the equipment, under a lease | ||||||
| 14 | of one year or longer executed or in effect at the time the | ||||||
| 15 | lessor would otherwise be subject to the tax imposed by this | ||||||
| 16 | Act, to a hospital that has been issued an active tax exemption | ||||||
| 17 | identification number by the Department under Section 1g of | ||||||
| 18 | the Retailers' Occupation Tax Act. If the equipment is leased | ||||||
| 19 | in a manner that does not qualify for this exemption or is used | ||||||
| 20 | in any other nonexempt manner, the lessor shall be liable for | ||||||
| 21 | the tax imposed under this Act or the Use Tax Act, as the case | ||||||
| 22 | may be, based on the fair market value of the property at the | ||||||
| 23 | time the nonqualifying use occurs. No lessor shall collect or | ||||||
| 24 | attempt to collect an amount (however designated) that | ||||||
| 25 | purports to reimburse that lessor for the tax imposed by this | ||||||
| 26 | Act or the Use Tax Act, as the case may be, if the tax has not | ||||||
| |||||||
| |||||||
| 1 | been paid by the lessor. If a lessor improperly collects any | ||||||
| 2 | such amount from the lessee, the lessee shall have a legal | ||||||
| 3 | right to claim a refund of that amount from the lessor. If, | ||||||
| 4 | however, that amount is not refunded to the lessee for any | ||||||
| 5 | reason, the lessor is liable to pay that amount to the | ||||||
| 6 | Department. This paragraph is exempt from the provisions of | ||||||
| 7 | Section 3-75. | ||||||
| 8 | (25) Beginning on August 2, 2001 (the effective date of | ||||||
| 9 | Public Act 92-227), personal property purchased by a lessor | ||||||
| 10 | who leases the property, under a lease of one year or longer | ||||||
| 11 | executed or in effect at the time the lessor would otherwise be | ||||||
| 12 | subject to the tax imposed by this Act, to a governmental body | ||||||
| 13 | that has been issued an active tax exemption identification | ||||||
| 14 | number by the Department under Section 1g of the Retailers' | ||||||
| 15 | Occupation Tax Act. If the property is leased in a manner that | ||||||
| 16 | does not qualify for this exemption or is used in any other | ||||||
| 17 | nonexempt manner, the lessor shall be liable for the tax | ||||||
| 18 | imposed under this Act or the Use Tax Act, as the case may be, | ||||||
| 19 | based on the fair market value of the property at the time the | ||||||
| 20 | nonqualifying use occurs. No lessor shall collect or attempt | ||||||
| 21 | to collect an amount (however designated) that purports to | ||||||
| 22 | reimburse that lessor for the tax imposed by this Act or the | ||||||
| 23 | Use Tax Act, as the case may be, if the tax has not been paid | ||||||
| 24 | by the lessor. If a lessor improperly collects any such amount | ||||||
| 25 | from the lessee, the lessee shall have a legal right to claim a | ||||||
| 26 | refund of that amount from the lessor. If, however, that | ||||||
| |||||||
| |||||||
| 1 | amount is not refunded to the lessee for any reason, the lessor | ||||||
| 2 | is liable to pay that amount to the Department. This paragraph | ||||||
| 3 | is exempt from the provisions of Section 3-75. | ||||||
| 4 | (26) Beginning January 1, 2008, tangible personal property | ||||||
| 5 | used in the construction or maintenance of a community water | ||||||
| 6 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 7 | Protection Act, that is operated by a not-for-profit | ||||||
| 8 | corporation that holds a valid water supply permit issued | ||||||
| 9 | under Title IV of the Environmental Protection Act. This | ||||||
| 10 | paragraph is exempt from the provisions of Section 3-75. | ||||||
| 11 | (27) Beginning January 1, 2010 and continuing through | ||||||
| 12 | December 31, 2029, materials, parts, equipment, components, | ||||||
| 13 | and furnishings incorporated into or upon an aircraft as part | ||||||
| 14 | of the modification, refurbishment, completion, replacement, | ||||||
| 15 | repair, or maintenance of the aircraft. This exemption | ||||||
| 16 | includes consumable supplies used in the modification, | ||||||
| 17 | refurbishment, completion, replacement, repair, and | ||||||
| 18 | maintenance of aircraft. However, until January 1, 2024, this | ||||||
| 19 | exemption excludes any materials, parts, equipment, | ||||||
| 20 | components, and consumable supplies used in the modification, | ||||||
| 21 | replacement, repair, and maintenance of aircraft engines or | ||||||
| 22 | power plants, whether such engines or power plants are | ||||||
| 23 | installed or uninstalled upon any such aircraft. "Consumable | ||||||
| 24 | supplies" include, but are not limited to, adhesive, tape, | ||||||
| 25 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
| 26 | latex gloves, and protective films. | ||||||
| |||||||
| |||||||
| 1 | Beginning January 1, 2010 and continuing through December | ||||||
| 2 | 31, 2023, this exemption applies only to the use of qualifying | ||||||
| 3 | tangible personal property transferred incident to the | ||||||
| 4 | modification, refurbishment, completion, replacement, repair, | ||||||
| 5 | or maintenance of aircraft by persons who (i) hold an Air | ||||||
| 6 | Agency Certificate and are empowered to operate an approved | ||||||
| 7 | repair station by the Federal Aviation Administration, (ii) | ||||||
| 8 | have a Class IV Rating, and (iii) conduct operations in | ||||||
| 9 | accordance with Part 145 of the Federal Aviation Regulations. | ||||||
| 10 | From January 1, 2024 through December 31, 2029, this exemption | ||||||
| 11 | applies only to the use of qualifying tangible personal | ||||||
| 12 | property transferred incident to: (A) the modification, | ||||||
| 13 | refurbishment, completion, repair, replacement, or maintenance | ||||||
| 14 | of an aircraft by persons who (i) hold an Air Agency | ||||||
| 15 | Certificate and are empowered to operate an approved repair | ||||||
| 16 | station by the Federal Aviation Administration, (ii) have a | ||||||
| 17 | Class IV Rating, and (iii) conduct operations in accordance | ||||||
| 18 | with Part 145 of the Federal Aviation Regulations; and (B) the | ||||||
| 19 | modification, replacement, repair, and maintenance of aircraft | ||||||
| 20 | engines or power plants without regard to whether or not those | ||||||
| 21 | persons meet the qualifications of item (A). | ||||||
| 22 | The exemption does not include aircraft operated by a | ||||||
| 23 | commercial air carrier providing scheduled passenger air | ||||||
| 24 | service pursuant to authority issued under Part 121 or Part | ||||||
| 25 | 129 of the Federal Aviation Regulations. The changes made to | ||||||
| 26 | this paragraph (27) by Public Act 98-534 are declarative of | ||||||
| |||||||
| |||||||
| 1 | existing law. It is the intent of the General Assembly that the | ||||||
| 2 | exemption under this paragraph (27) applies continuously from | ||||||
| 3 | January 1, 2010 through December 31, 2024; however, no claim | ||||||
| 4 | for credit or refund is allowed for taxes paid as a result of | ||||||
| 5 | the disallowance of this exemption on or after January 1, 2015 | ||||||
| 6 | and prior to February 5, 2020 (the effective date of Public Act | ||||||
| 7 | 101-629). | ||||||
| 8 | (28) Tangible personal property purchased by a | ||||||
| 9 | public-facilities corporation, as described in Section | ||||||
| 10 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 11 | constructing or furnishing a municipal convention hall, but | ||||||
| 12 | only if the legal title to the municipal convention hall is | ||||||
| 13 | transferred to the municipality without any further | ||||||
| 14 | consideration by or on behalf of the municipality at the time | ||||||
| 15 | of the completion of the municipal convention hall or upon the | ||||||
| 16 | retirement or redemption of any bonds or other debt | ||||||
| 17 | instruments issued by the public-facilities corporation in | ||||||
| 18 | connection with the development of the municipal convention | ||||||
| 19 | hall. This exemption includes existing public-facilities | ||||||
| 20 | corporations as provided in Section 11-65-25 of the Illinois | ||||||
| 21 | Municipal Code. This paragraph is exempt from the provisions | ||||||
| 22 | of Section 3-75. | ||||||
| 23 | (29) Beginning January 1, 2017 and through December 31, | ||||||
| 24 | 2026, menstrual pads, tampons, and menstrual cups. | ||||||
| 25 | (30) Tangible personal property transferred to a purchaser | ||||||
| 26 | who is exempt from the tax imposed by this Act by operation of | ||||||
| |||||||
| |||||||
| 1 | federal law. This paragraph is exempt from the provisions of | ||||||
| 2 | Section 3-75. | ||||||
| 3 | (31) Qualified tangible personal property used in the | ||||||
| 4 | construction or operation of a data center that has been | ||||||
| 5 | granted a certificate of exemption by the Department of | ||||||
| 6 | Commerce and Economic Opportunity, whether that tangible | ||||||
| 7 | personal property is purchased by the owner, operator, or | ||||||
| 8 | tenant of the data center or by a contractor or subcontractor | ||||||
| 9 | of the owner, operator, or tenant. Data centers that would | ||||||
| 10 | have qualified for a certificate of exemption prior to January | ||||||
| 11 | 1, 2020 had Public Act 101-31 been in effect, may apply for and | ||||||
| 12 | obtain an exemption for subsequent purchases of computer | ||||||
| 13 | equipment or enabling software purchased or leased to upgrade, | ||||||
| 14 | supplement, or replace computer equipment or enabling software | ||||||
| 15 | purchased or leased in the original investment that would have | ||||||
| 16 | qualified. | ||||||
| 17 | The Department of Commerce and Economic Opportunity shall | ||||||
| 18 | grant a certificate of exemption under this item (31) to | ||||||
| 19 | qualified data centers as defined by Section 605-1025 of the | ||||||
| 20 | Department of Commerce and Economic Opportunity Law of the | ||||||
| 21 | Civil Administrative Code of Illinois. | ||||||
| 22 | For the purposes of this item (31): | ||||||
| 23 | "Data center" means a building or a series of | ||||||
| 24 | buildings rehabilitated or constructed to house working | ||||||
| 25 | servers in one physical location or multiple sites within | ||||||
| 26 | the State of Illinois. | ||||||
| |||||||
| |||||||
| 1 | "Qualified tangible personal property" means: | ||||||
| 2 | electrical systems and equipment; climate control and | ||||||
| 3 | chilling equipment and systems; mechanical systems and | ||||||
| 4 | equipment; monitoring and secure systems; emergency | ||||||
| 5 | generators; hardware; computers; servers; data storage | ||||||
| 6 | devices; network connectivity equipment; racks; cabinets; | ||||||
| 7 | telecommunications cabling infrastructure; raised floor | ||||||
| 8 | systems; peripheral components or systems; software; | ||||||
| 9 | mechanical, electrical, or plumbing systems; battery | ||||||
| 10 | systems; cooling systems and towers; temperature control | ||||||
| 11 | systems; other cabling; and other data center | ||||||
| 12 | infrastructure equipment and systems necessary to operate | ||||||
| 13 | qualified tangible personal property, including fixtures; | ||||||
| 14 | and component parts of any of the foregoing, including | ||||||
| 15 | installation, maintenance, repair, refurbishment, and | ||||||
| 16 | replacement of qualified tangible personal property to | ||||||
| 17 | generate, transform, transmit, distribute, or manage | ||||||
| 18 | electricity necessary to operate qualified tangible | ||||||
| 19 | personal property; and all other tangible personal | ||||||
| 20 | property that is essential to the operations of a computer | ||||||
| 21 | data center. The term "qualified tangible personal | ||||||
| 22 | property" also includes building materials physically | ||||||
| 23 | incorporated into the qualifying data center. To document | ||||||
| 24 | the exemption allowed under this Section, the retailer | ||||||
| 25 | must obtain from the purchaser a copy of the certificate | ||||||
| 26 | of eligibility issued by the Department of Commerce and | ||||||
| |||||||
| |||||||
| 1 | Economic Opportunity. | ||||||
| 2 | This item (31) is exempt from the provisions of Section | ||||||
| 3 | 3-75. | ||||||
| 4 | (32) Beginning July 1, 2022, breast pumps, breast pump | ||||||
| 5 | collection and storage supplies, and breast pump kits. This | ||||||
| 6 | item (32) is exempt from the provisions of Section 3-75. As | ||||||
| 7 | used in this item (32): | ||||||
| 8 | "Breast pump" means an electrically controlled or | ||||||
| 9 | manually controlled pump device designed or marketed to be | ||||||
| 10 | used to express milk from a human breast during lactation, | ||||||
| 11 | including the pump device and any battery, AC adapter, or | ||||||
| 12 | other power supply unit that is used to power the pump | ||||||
| 13 | device and is packaged and sold with the pump device at the | ||||||
| 14 | time of sale. | ||||||
| 15 | "Breast pump collection and storage supplies" means | ||||||
| 16 | items of tangible personal property designed or marketed | ||||||
| 17 | to be used in conjunction with a breast pump to collect | ||||||
| 18 | milk expressed from a human breast and to store collected | ||||||
| 19 | milk until it is ready for consumption. | ||||||
| 20 | "Breast pump collection and storage supplies" | ||||||
| 21 | includes, but is not limited to: breast shields and breast | ||||||
| 22 | shield connectors; breast pump tubes and tubing adapters; | ||||||
| 23 | breast pump valves and membranes; backflow protectors and | ||||||
| 24 | backflow protector adaptors; bottles and bottle caps | ||||||
| 25 | specific to the operation of the breast pump; and breast | ||||||
| 26 | milk storage bags. | ||||||
| |||||||
| |||||||
| 1 | "Breast pump collection and storage supplies" does not | ||||||
| 2 | include: (1) bottles and bottle caps not specific to the | ||||||
| 3 | operation of the breast pump; (2) breast pump travel bags | ||||||
| 4 | and other similar carrying accessories, including ice | ||||||
| 5 | packs, labels, and other similar products; (3) breast pump | ||||||
| 6 | cleaning supplies; (4) nursing bras, bra pads, breast | ||||||
| 7 | shells, and other similar products; and (5) creams, | ||||||
| 8 | ointments, and other similar products that relieve | ||||||
| 9 | breastfeeding-related symptoms or conditions of the | ||||||
| 10 | breasts or nipples, unless sold as part of a breast pump | ||||||
| 11 | kit that is pre-packaged by the breast pump manufacturer | ||||||
| 12 | or distributor. | ||||||
| 13 | "Breast pump kit" means a kit that: (1) contains no | ||||||
| 14 | more than a breast pump, breast pump collection and | ||||||
| 15 | storage supplies, a rechargeable battery for operating the | ||||||
| 16 | breast pump, a breastmilk cooler, bottle stands, ice | ||||||
| 17 | packs, and a breast pump carrying case; and (2) is | ||||||
| 18 | pre-packaged as a breast pump kit by the breast pump | ||||||
| 19 | manufacturer or distributor. | ||||||
| 20 | (33) Tangible personal property sold by or on behalf of | ||||||
| 21 | the State Treasurer pursuant to the Revised Uniform Unclaimed | ||||||
| 22 | Property Act. This item (33) is exempt from the provisions of | ||||||
| 23 | Section 3-75. | ||||||
| 24 | (34) Beginning on January 1, 2024, tangible personal | ||||||
| 25 | property purchased by an active duty member of the armed | ||||||
| 26 | forces of the United States who presents valid military | ||||||
| |||||||
| |||||||
| 1 | identification and purchases the property using a form of | ||||||
| 2 | payment where the federal government is the payor. The member | ||||||
| 3 | of the armed forces must complete, at the point of sale, a form | ||||||
| 4 | prescribed by the Department of Revenue documenting that the | ||||||
| 5 | transaction is eligible for the exemption under this | ||||||
| 6 | paragraph. Retailers must keep the form as documentation of | ||||||
| 7 | the exemption in their records for a period of not less than 6 | ||||||
| 8 | years. "Armed forces of the United States" means the United | ||||||
| 9 | States Army, Navy, Air Force, Space Force, Marine Corps, or | ||||||
| 10 | Coast Guard. This paragraph is exempt from the provisions of | ||||||
| 11 | Section 3-75. | ||||||
| 12 | (35) Beginning July 1, 2024, home-delivered meals provided | ||||||
| 13 | to Medicare or Medicaid recipients when payment is made by an | ||||||
| 14 | intermediary, such as a Medicare Administrative Contractor, a | ||||||
| 15 | Managed Care Organization, or a Medicare Advantage | ||||||
| 16 | Organization, pursuant to a government contract. This | ||||||
| 17 | paragraph (35) is exempt from the provisions of Section 3-75. | ||||||
| 18 | (36) (35) Beginning on January 1, 2026, as further defined | ||||||
| 19 | in Section 3-10, food prepared for immediate consumption and | ||||||
| 20 | transferred incident to a sale of service subject to this Act | ||||||
| 21 | or the Service Occupation Tax Act by an entity licensed under | ||||||
| 22 | the Hospital Licensing Act, the Nursing Home Care Act, the | ||||||
| 23 | Assisted Living and Shared Housing Act, the ID/DD Community | ||||||
| 24 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
| 25 | Rehabilitation Act of 2013, or the Child Care Act of 1969, or | ||||||
| 26 | by an entity that holds a permit issued pursuant to the Life | ||||||
| |||||||
| |||||||
| 1 | Care Facilities Act. This item (36) (35) is exempt from the | ||||||
| 2 | provisions of Section 3-75. | ||||||
| 3 | (37) (36) Beginning on January 1, 2026, as further defined | ||||||
| 4 | in Section 3-10, food for human consumption that is to be | ||||||
| 5 | consumed off the premises where it is sold (other than | ||||||
| 6 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 7 | use cannabis, soft drinks, candy, and food that has been | ||||||
| 8 | prepared for immediate consumption). This item (37) (36) is | ||||||
| 9 | exempt from the provisions of Section 3-75. | ||||||
| 10 | (38) (35) Use by a lessee of the following leased tangible | ||||||
| 11 | personal property: | ||||||
| 12 | (1) software transferred subject to a license that | ||||||
| 13 | meets the following requirements: | ||||||
| 14 | (A) it is evidenced by a written agreement signed | ||||||
| 15 | by the licensor and the customer; | ||||||
| 16 | (i) an electronic agreement in which the | ||||||
| 17 | customer accepts the license by means of an | ||||||
| 18 | electronic signature that is verifiable and can be | ||||||
| 19 | authenticated and is attached to or made part of | ||||||
| 20 | the license will comply with this requirement; | ||||||
| 21 | (ii) a license agreement in which the customer | ||||||
| 22 | electronically accepts the terms by clicking "I | ||||||
| 23 | agree" does not comply with this requirement; | ||||||
| 24 | (B) it restricts the customer's duplication and | ||||||
| 25 | use of the software; | ||||||
| 26 | (C) it prohibits the customer from licensing, | ||||||
| |||||||
| |||||||
| 1 | sublicensing, or transferring the software to a third | ||||||
| 2 | party (except to a related party) without the | ||||||
| 3 | permission and continued control of the licensor; | ||||||
| 4 | (D) the licensor has a policy of providing another | ||||||
| 5 | copy at minimal or no charge if the customer loses or | ||||||
| 6 | damages the software, or of permitting the licensee to | ||||||
| 7 | make and keep an archival copy, and such policy is | ||||||
| 8 | either stated in the license agreement, supported by | ||||||
| 9 | the licensor's books and records, or supported by a | ||||||
| 10 | notarized statement made under penalties of perjury by | ||||||
| 11 | the licensor; and | ||||||
| 12 | (E) the customer must destroy or return all copies | ||||||
| 13 | of the software to the licensor at the end of the | ||||||
| 14 | license period; this provision is deemed to be met, in | ||||||
| 15 | the case of a perpetual license, without being set | ||||||
| 16 | forth in the license agreement; and | ||||||
| 17 | (2) property that is subject to a tax on lease | ||||||
| 18 | receipts imposed by a home rule unit of local government | ||||||
| 19 | if the ordinance imposing that tax was adopted prior to | ||||||
| 20 | January 1, 2023. | ||||||
| 21 | (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||||||
| 22 | Section 70-10, eff. 4-19-22; 102-700, Article 75, Section | ||||||
| 23 | 75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||||||
| 24 | Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10, | ||||||
| 25 | eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||||||
| 26 | 103-592, eff. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff. | ||||||
| |||||||
| |||||||
| 1 | 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; 103-995, | ||||||
| 2 | eff. 8-9-24; revised 11-26-24.)
| ||||||
| 3 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10) | ||||||
| 4 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 5 | Section, the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 6 | the selling price of tangible personal property transferred, | ||||||
| 7 | including, on and after January 1, 2025, transferred by lease, | ||||||
| 8 | as an incident to the sale of service, but, for the purpose of | ||||||
| 9 | computing this tax, in no event shall the selling price be less | ||||||
| 10 | than the cost price of the property to the serviceman. | ||||||
| 11 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 12 | with respect to motor fuel, as defined in Section 1.1 of the | ||||||
| 13 | Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of | ||||||
| 14 | the Use Tax Act, the tax is imposed at the rate of 1.25%. | ||||||
| 15 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 16 | tax imposed by this Act applies to (i) 70% of the selling price | ||||||
| 17 | of property transferred as an incident to the sale of service | ||||||
| 18 | on or after January 1, 1990, and before July 1, 2003, (ii) 80% | ||||||
| 19 | of the selling price of property transferred as an incident to | ||||||
| 20 | the sale of service on or after July 1, 2003 and on or before | ||||||
| 21 | July 1, 2017, (iii) 100% of the selling price of property | ||||||
| 22 | transferred as an incident to the sale of service after July 1, | ||||||
| 23 | 2017 and before January 1, 2024, (iv) 90% of the selling price | ||||||
| 24 | of property transferred as an incident to the sale of service | ||||||
| 25 | on or after January 1, 2024 and on or before December 31, 2028, | ||||||
| |||||||
| |||||||
| 1 | and (v) 100% of the selling price of property transferred as an | ||||||
| 2 | incident to the sale of service after December 31, 2028. If, at | ||||||
| 3 | any time, however, the tax under this Act on sales of gasohol, | ||||||
| 4 | as defined in the Use Tax Act, is imposed at the rate of 1.25%, | ||||||
| 5 | then the tax imposed by this Act applies to 100% of the | ||||||
| 6 | proceeds of sales of gasohol made during that time. | ||||||
| 7 | With respect to mid-range ethanol blends, as defined in | ||||||
| 8 | Section 3-44.3 of the Use Tax Act, the tax imposed by this Act | ||||||
| 9 | applies to (i) 80% of the selling price of property | ||||||
| 10 | transferred as an incident to the sale of service on or after | ||||||
| 11 | January 1, 2024 and on or before December 31, 2028 and (ii) | ||||||
| 12 | 100% of the selling price of property transferred as an | ||||||
| 13 | incident to the sale of service after December 31, 2028. If, at | ||||||
| 14 | any time, however, the tax under this Act on sales of mid-range | ||||||
| 15 | ethanol blends is imposed at the rate of 1.25%, then the tax | ||||||
| 16 | imposed by this Act applies to 100% of the selling price of | ||||||
| 17 | mid-range ethanol blends transferred as an incident to the | ||||||
| 18 | sale of service during that time. | ||||||
| 19 | With respect to majority blended ethanol fuel, as defined | ||||||
| 20 | in the Use Tax Act, the tax imposed by this Act does not apply | ||||||
| 21 | to the selling price of property transferred as an incident to | ||||||
| 22 | the sale of service on or after July 1, 2003 and on or before | ||||||
| 23 | December 31, 2028 but applies to 100% of the selling price | ||||||
| 24 | thereafter. | ||||||
| 25 | With respect to biodiesel blends, as defined in the Use | ||||||
| 26 | Tax Act, with no less than 1% and no more than 10% biodiesel, | ||||||
| |||||||
| |||||||
| 1 | the tax imposed by this Act applies to (i) 80% of the selling | ||||||
| 2 | price of property transferred as an incident to the sale of | ||||||
| 3 | service on or after July 1, 2003 and on or before December 31, | ||||||
| 4 | 2018 and (ii) 100% of the proceeds of the selling price after | ||||||
| 5 | December 31, 2018 and before January 1, 2024. On and after | ||||||
| 6 | January 1, 2024 and on or before December 31, 2030, the | ||||||
| 7 | taxation of biodiesel, renewable diesel, and biodiesel blends | ||||||
| 8 | shall be as provided in Section 3-5.1 of the Use Tax Act. If, | ||||||
| 9 | at any time, however, the tax under this Act on sales of | ||||||
| 10 | biodiesel blends, as defined in the Use Tax Act, with no less | ||||||
| 11 | than 1% and no more than 10% biodiesel is imposed at the rate | ||||||
| 12 | of 1.25%, then the tax imposed by this Act applies to 100% of | ||||||
| 13 | the proceeds of sales of biodiesel blends with no less than 1% | ||||||
| 14 | and no more than 10% biodiesel made during that time. | ||||||
| 15 | With respect to biodiesel, as defined in the Use Tax Act, | ||||||
| 16 | and biodiesel blends, as defined in the Use Tax Act, with more | ||||||
| 17 | than 10% but no more than 99% biodiesel, the tax imposed by | ||||||
| 18 | this Act does not apply to the proceeds of the selling price of | ||||||
| 19 | property transferred as an incident to the sale of service on | ||||||
| 20 | or after July 1, 2003 and on or before December 31, 2023. On | ||||||
| 21 | and after January 1, 2024 and on or before December 31, 2030, | ||||||
| 22 | the taxation of biodiesel, renewable diesel, and biodiesel | ||||||
| 23 | blends shall be as provided in Section 3-5.1 of the Use Tax | ||||||
| 24 | Act. | ||||||
| 25 | At the election of any registered serviceman made for each | ||||||
| 26 | fiscal year, sales of service in which the aggregate annual | ||||||
| |||||||
| |||||||
| 1 | cost price of tangible personal property transferred as an | ||||||
| 2 | incident to the sales of service is less than 35%, or 75% in | ||||||
| 3 | the case of servicemen transferring prescription drugs or | ||||||
| 4 | servicemen engaged in graphic arts production, of the | ||||||
| 5 | aggregate annual total gross receipts from all sales of | ||||||
| 6 | service, the tax imposed by this Act shall be based on the | ||||||
| 7 | serviceman's cost price of the tangible personal property | ||||||
| 8 | transferred as an incident to the sale of those services. | ||||||
| 9 | Until July 1, 2022 and from July 1, 2023 through December | ||||||
| 10 | 31, 2025, the tax shall be imposed at the rate of 1% on food | ||||||
| 11 | prepared for immediate consumption and transferred incident to | ||||||
| 12 | a sale of service subject to this Act or the Service Occupation | ||||||
| 13 | Tax Act by an entity licensed under the Hospital Licensing | ||||||
| 14 | Act, the Nursing Home Care Act, the Assisted Living and Shared | ||||||
| 15 | Housing Act, the ID/DD Community Care Act, the MC/DD Act, the | ||||||
| 16 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 17 | Child Care Act of 1969, or an entity that holds a permit issued | ||||||
| 18 | pursuant to the Life Care Facilities Act. Until July 1, 2022 | ||||||
| 19 | and from July 1, 2023 through December 31, 2025, the tax shall | ||||||
| 20 | also be imposed at the rate of 1% on food for human consumption | ||||||
| 21 | that is to be consumed off the premises where it is sold (other | ||||||
| 22 | than alcoholic beverages, food consisting of or infused with | ||||||
| 23 | adult use cannabis, soft drinks, and food that has been | ||||||
| 24 | prepared for immediate consumption and is not otherwise | ||||||
| 25 | included in this paragraph). | ||||||
| 26 | Beginning on July 1, 2022 and until July 1, 2023, the tax | ||||||
| |||||||
| |||||||
| 1 | shall be imposed at the rate of 0% on food prepared for | ||||||
| 2 | immediate consumption and transferred incident to a sale of | ||||||
| 3 | service subject to this Act or the Service Occupation Tax Act | ||||||
| 4 | by an entity licensed under the Hospital Licensing Act, the | ||||||
| 5 | Nursing Home Care Act, the Assisted Living and Shared Housing | ||||||
| 6 | Act, the ID/DD Community Care Act, the MC/DD Act, the | ||||||
| 7 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 8 | Child Care Act of 1969, or an entity that holds a permit issued | ||||||
| 9 | pursuant to the Life Care Facilities Act. Beginning on July 1, | ||||||
| 10 | 2022 and until July 1, 2023, the tax shall also be imposed at | ||||||
| 11 | the rate of 0% on food for human consumption that is to be | ||||||
| 12 | consumed off the premises where it is sold (other than | ||||||
| 13 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 14 | use cannabis, soft drinks, and food that has been prepared for | ||||||
| 15 | immediate consumption and is not otherwise included in this | ||||||
| 16 | paragraph). | ||||||
| 17 | On and an after January 1, 2026, food prepared for | ||||||
| 18 | immediate consumption and transferred incident to a sale of | ||||||
| 19 | service subject to this Act or the Service Occupation Tax Act | ||||||
| 20 | by an entity licensed under the Hospital Licensing Act, the | ||||||
| 21 | Nursing Home Care Act, the Assisted Living and Shared Housing | ||||||
| 22 | Act, the ID/DD Community Care Act, the MC/DD Act, the | ||||||
| 23 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 24 | Child Care Act of 1969, or by an entity that holds a permit | ||||||
| 25 | issued pursuant to the Life Care Facilities Act is exempt from | ||||||
| 26 | the tax under this Act. On and after January 1, 2026, food for | ||||||
| |||||||
| |||||||
| 1 | human consumption that is to be consumed off the premises | ||||||
| 2 | where it is sold (other than alcoholic beverages, food | ||||||
| 3 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
| 4 | candy, and food that has been prepared for immediate | ||||||
| 5 | consumption and is not otherwise included in this paragraph) | ||||||
| 6 | is exempt from the tax under this Act. | ||||||
| 7 | The tax shall be imposed at the rate of 1% on prescription | ||||||
| 8 | and nonprescription medicines, drugs, medical appliances, | ||||||
| 9 | products classified as Class III medical devices by the United | ||||||
| 10 | States Food and Drug Administration that are used for cancer | ||||||
| 11 | treatment pursuant to a prescription, as well as any | ||||||
| 12 | accessories and components related to those devices, | ||||||
| 13 | modifications to a motor vehicle for the purpose of rendering | ||||||
| 14 | it usable by a person with a disability, and insulin, blood | ||||||
| 15 | sugar testing materials, syringes, and needles used by human | ||||||
| 16 | diabetics. For the purposes of this Section, until September | ||||||
| 17 | 1, 2009: the term "soft drinks" means any complete, finished, | ||||||
| 18 | ready-to-use, non-alcoholic drink, whether carbonated or not, | ||||||
| 19 | including, but not limited to, soda water, cola, fruit juice, | ||||||
| 20 | vegetable juice, carbonated water, and all other preparations | ||||||
| 21 | commonly known as soft drinks of whatever kind or description | ||||||
| 22 | that are contained in any closed or sealed bottle, can, | ||||||
| 23 | carton, or container, regardless of size; but "soft drinks" | ||||||
| 24 | does not include coffee, tea, non-carbonated water, infant | ||||||
| 25 | formula, milk or milk products as defined in the Grade A | ||||||
| 26 | Pasteurized Milk and Milk Products Act, or drinks containing | ||||||
| |||||||
| |||||||
| 1 | 50% or more natural fruit or vegetable juice. | ||||||
| 2 | Notwithstanding any other provisions of this Act, | ||||||
| 3 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 4 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 5 | drinks" does not include beverages that contain milk or milk | ||||||
| 6 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 7 | than 50% of vegetable or fruit juice by volume. | ||||||
| 8 | Until August 1, 2009, and notwithstanding any other | ||||||
| 9 | provisions of this Act, "food for human consumption that is to | ||||||
| 10 | be consumed off the premises where it is sold" includes all | ||||||
| 11 | food sold through a vending machine, except soft drinks and | ||||||
| 12 | food products that are dispensed hot from a vending machine, | ||||||
| 13 | regardless of the location of the vending machine. Beginning | ||||||
| 14 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 15 | this Act, "food for human consumption that is to be consumed | ||||||
| 16 | off the premises where it is sold" includes all food sold | ||||||
| 17 | through a vending machine, except soft drinks, candy, and food | ||||||
| 18 | products that are dispensed hot from a vending machine, | ||||||
| 19 | regardless of the location of the vending machine. | ||||||
| 20 | Notwithstanding any other provisions of this Act, | ||||||
| 21 | beginning September 1, 2009, "food for human consumption that | ||||||
| 22 | is to be consumed off the premises where it is sold" does not | ||||||
| 23 | include candy. For purposes of this Section, "candy" means a | ||||||
| 24 | preparation of sugar, honey, or other natural or artificial | ||||||
| 25 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
| 26 | other ingredients or flavorings in the form of bars, drops, or | ||||||
| |||||||
| |||||||
| 1 | pieces. "Candy" does not include any preparation that contains | ||||||
| 2 | flour or requires refrigeration. | ||||||
| 3 | Notwithstanding any other provisions of this Act, | ||||||
| 4 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 5 | drugs" does not include grooming and hygiene products. For | ||||||
| 6 | purposes of this Section, "grooming and hygiene products" | ||||||
| 7 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 8 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 9 | lotions and screens, unless those products are available by | ||||||
| 10 | prescription only, regardless of whether the products meet the | ||||||
| 11 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 12 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 13 | use that contains a label that identifies the product as a drug | ||||||
| 14 | as required by 21 CFR 201.66. The "over-the-counter-drug" | ||||||
| 15 | label includes: | ||||||
| 16 | (A) a "Drug Facts" panel; or | ||||||
| 17 | (B) a statement of the "active ingredient(s)" with a | ||||||
| 18 | list of those ingredients contained in the compound, | ||||||
| 19 | substance or preparation. | ||||||
| 20 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 21 | Act 98-122), "prescription and nonprescription medicines and | ||||||
| 22 | drugs" includes medical cannabis purchased from a registered | ||||||
| 23 | dispensing organization under the Compassionate Use of Medical | ||||||
| 24 | Cannabis Program Act. | ||||||
| 25 | As used in this Section, "adult use cannabis" means | ||||||
| 26 | cannabis subject to tax under the Cannabis Cultivation | ||||||
| |||||||
| |||||||
| 1 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
| 2 | and does not include cannabis subject to tax under the | ||||||
| 3 | Compassionate Use of Medical Cannabis Program Act. | ||||||
| 4 | If the property that is acquired from a serviceman is | ||||||
| 5 | acquired outside Illinois and used outside Illinois before | ||||||
| 6 | being brought to Illinois for use here and is taxable under | ||||||
| 7 | this Act, the "selling price" on which the tax is computed | ||||||
| 8 | shall be reduced by an amount that represents a reasonable | ||||||
| 9 | allowance for depreciation for the period of prior | ||||||
| 10 | out-of-state use. No depreciation is allowed in cases where | ||||||
| 11 | the tax under this Act is imposed on lease receipts. | ||||||
| 12 | (Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; | ||||||
| 13 | 102-700, Article 20, Section 20-10, eff. 4-19-22; 102-700, | ||||||
| 14 | Article 60, Section 60-20, eff. 4-19-22; 103-9, eff. 6-7-23; | ||||||
| 15 | 103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff. | ||||||
| 16 | 8-5-24; revised 11-26-24.)
| ||||||
| 17 | (35 ILCS 110/9) | ||||||
| 18 | Sec. 9. Each serviceman required or authorized to collect | ||||||
| 19 | the tax herein imposed shall pay to the Department the amount | ||||||
| 20 | of such tax (except as otherwise provided) at the time when he | ||||||
| 21 | is required to file his return for the period during which such | ||||||
| 22 | tax was collected, less a discount of 2.1% prior to January 1, | ||||||
| 23 | 1990 and 1.75% on and after January 1, 1990, or $5 per calendar | ||||||
| 24 | year, whichever is greater, which is allowed to reimburse the | ||||||
| 25 | serviceman for expenses incurred in collecting the tax, | ||||||
| |||||||
| |||||||
| 1 | keeping records, preparing and filing returns, remitting the | ||||||
| 2 | tax, and supplying data to the Department on request. | ||||||
| 3 | Beginning with returns due on or after January 1, 2025, the | ||||||
| 4 | vendor's discount allowed in this Section, the Retailers' | ||||||
| 5 | Occupation Tax Act, the Service Occupation Tax Act, and the | ||||||
| 6 | Use Tax Act, including any local tax administered by the | ||||||
| 7 | Department and reported on the same return, shall not exceed | ||||||
| 8 | $1,000 per month in the aggregate. When determining the | ||||||
| 9 | discount allowed under this Section, servicemen shall include | ||||||
| 10 | the amount of tax that would have been due at the 1% rate but | ||||||
| 11 | for the 0% rate imposed under Public Act 102-700 this | ||||||
| 12 | amendatory Act of the 102nd General Assembly. The discount | ||||||
| 13 | under this Section is not allowed for the 1.25% portion of | ||||||
| 14 | taxes paid on aviation fuel that is subject to the revenue use | ||||||
| 15 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The | ||||||
| 16 | discount allowed under this Section is allowed only for | ||||||
| 17 | returns that are filed in the manner required by this Act. The | ||||||
| 18 | Department may disallow the discount for servicemen whose | ||||||
| 19 | certificate of registration is revoked at the time the return | ||||||
| 20 | is filed, but only if the Department's decision to revoke the | ||||||
| 21 | certificate of registration has become final. A serviceman | ||||||
| 22 | need not remit that part of any tax collected by him to the | ||||||
| 23 | extent that he is required to pay and does pay the tax imposed | ||||||
| 24 | by the Service Occupation Tax Act with respect to his sale of | ||||||
| 25 | service involving the incidental transfer by him of the same | ||||||
| 26 | property. | ||||||
| |||||||
| |||||||
| 1 | Except as provided hereinafter in this Section, on or | ||||||
| 2 | before the twentieth day of each calendar month, such | ||||||
| 3 | serviceman shall file a return for the preceding calendar | ||||||
| 4 | month in accordance with reasonable Rules and Regulations to | ||||||
| 5 | be promulgated by the Department. Such return shall be filed | ||||||
| 6 | on a form prescribed by the Department and shall contain such | ||||||
| 7 | information as the Department may reasonably require. The | ||||||
| 8 | return shall include the gross receipts which were received | ||||||
| 9 | during the preceding calendar month or quarter on the | ||||||
| 10 | following items upon which tax would have been due but for the | ||||||
| 11 | 0% rate imposed under Public Act 102-700 this amendatory Act | ||||||
| 12 | of the 102nd General Assembly: (i) food for human consumption | ||||||
| 13 | that is to be consumed off the premises where it is sold (other | ||||||
| 14 | than alcoholic beverages, food consisting of or infused with | ||||||
| 15 | adult use cannabis, soft drinks, and food that has been | ||||||
| 16 | prepared for immediate consumption); and (ii) food prepared | ||||||
| 17 | for immediate consumption and transferred incident to a sale | ||||||
| 18 | of service subject to this Act or the Service Occupation Tax | ||||||
| 19 | Act by an entity licensed under the Hospital Licensing Act, | ||||||
| 20 | the Nursing Home Care Act, the Assisted Living and Shared | ||||||
| 21 | Housing Act, the ID/DD Community Care Act, the MC/DD Act, the | ||||||
| 22 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 23 | Child Care Act of 1969, or an entity that holds a permit issued | ||||||
| 24 | pursuant to the Life Care Facilities Act. The return shall | ||||||
| 25 | also include the amount of tax that would have been due on the | ||||||
| 26 | items listed in the previous sentence but for the 0% rate | ||||||
| |||||||
| |||||||
| 1 | imposed under Public Act 102-700 this amendatory Act of the | ||||||
| 2 | 102nd General Assembly. | ||||||
| 3 | In the case of leases, except as otherwise provided in | ||||||
| 4 | this Act, the lessor, in collecting the tax, may collect for | ||||||
| 5 | each tax return period, only the tax applicable to that part of | ||||||
| 6 | the selling price actually received during such tax return | ||||||
| 7 | period. | ||||||
| 8 | On and after January 1, 2018, with respect to servicemen | ||||||
| 9 | whose annual gross receipts average $20,000 or more, all | ||||||
| 10 | returns required to be filed pursuant to this Act shall be | ||||||
| 11 | filed electronically. Servicemen who demonstrate that they do | ||||||
| 12 | not have access to the Internet or demonstrate hardship in | ||||||
| 13 | filing electronically may petition the Department to waive the | ||||||
| 14 | electronic filing requirement. | ||||||
| 15 | The Department may require returns to be filed on a | ||||||
| 16 | quarterly basis. If so required, a return for each calendar | ||||||
| 17 | quarter shall be filed on or before the twentieth day of the | ||||||
| 18 | calendar month following the end of such calendar quarter. The | ||||||
| 19 | taxpayer shall also file a return with the Department for each | ||||||
| 20 | of the first two months of each calendar quarter, on or before | ||||||
| 21 | the twentieth day of the following calendar month, stating: | ||||||
| 22 | 1. The name of the seller; | ||||||
| 23 | 2. The address of the principal place of business from | ||||||
| 24 | which he engages in business as a serviceman in this | ||||||
| 25 | State; | ||||||
| 26 | 3. The total amount of taxable receipts received by | ||||||
| |||||||
| |||||||
| 1 | him during the preceding calendar month, including | ||||||
| 2 | receipts from charge and time sales, but less all | ||||||
| 3 | deductions allowed by law; | ||||||
| 4 | 4. The amount of credit provided in Section 2d of this | ||||||
| 5 | Act; | ||||||
| 6 | 5. The amount of tax due; | ||||||
| 7 | 5-5. The signature of the taxpayer; and | ||||||
| 8 | 6. Such other reasonable information as the Department | ||||||
| 9 | may require. | ||||||
| 10 | Each serviceman required or authorized to collect the tax | ||||||
| 11 | imposed by this Act on aviation fuel transferred as an | ||||||
| 12 | incident of a sale of service in this State during the | ||||||
| 13 | preceding calendar month shall, instead of reporting and | ||||||
| 14 | paying tax on aviation fuel as otherwise required by this | ||||||
| 15 | Section, report and pay such tax on a separate aviation fuel | ||||||
| 16 | tax return. The requirements related to the return shall be as | ||||||
| 17 | otherwise provided in this Section. Notwithstanding any other | ||||||
| 18 | provisions of this Act to the contrary, servicemen collecting | ||||||
| 19 | tax on aviation fuel shall file all aviation fuel tax returns | ||||||
| 20 | and shall make all aviation fuel tax payments by electronic | ||||||
| 21 | means in the manner and form required by the Department. For | ||||||
| 22 | purposes of this Section, "aviation fuel" means jet fuel and | ||||||
| 23 | aviation gasoline. | ||||||
| 24 | If a taxpayer fails to sign a return within 30 days after | ||||||
| 25 | the proper notice and demand for signature by the Department, | ||||||
| 26 | the return shall be considered valid and any amount shown to be | ||||||
| |||||||
| |||||||
| 1 | due on the return shall be deemed assessed. | ||||||
| 2 | Notwithstanding any other provision of this Act to the | ||||||
| 3 | contrary, servicemen subject to tax on cannabis shall file all | ||||||
| 4 | cannabis tax returns and shall make all cannabis tax payments | ||||||
| 5 | by electronic means in the manner and form required by the | ||||||
| 6 | Department. | ||||||
| 7 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
| 8 | monthly tax liability of $150,000 or more shall make all | ||||||
| 9 | payments required by rules of the Department by electronic | ||||||
| 10 | funds transfer. Beginning October 1, 1994, a taxpayer who has | ||||||
| 11 | an average monthly tax liability of $100,000 or more shall | ||||||
| 12 | make all payments required by rules of the Department by | ||||||
| 13 | electronic funds transfer. Beginning October 1, 1995, a | ||||||
| 14 | taxpayer who has an average monthly tax liability of $50,000 | ||||||
| 15 | or more shall make all payments required by rules of the | ||||||
| 16 | Department by electronic funds transfer. Beginning October 1, | ||||||
| 17 | 2000, a taxpayer who has an annual tax liability of $200,000 or | ||||||
| 18 | more shall make all payments required by rules of the | ||||||
| 19 | Department by electronic funds transfer. The term "annual tax | ||||||
| 20 | liability" shall be the sum of the taxpayer's liabilities | ||||||
| 21 | under this Act, and under all other State and local occupation | ||||||
| 22 | and use tax laws administered by the Department, for the | ||||||
| 23 | immediately preceding calendar year. The term "average monthly | ||||||
| 24 | tax liability" means the sum of the taxpayer's liabilities | ||||||
| 25 | under this Act, and under all other State and local occupation | ||||||
| 26 | and use tax laws administered by the Department, for the | ||||||
| |||||||
| |||||||
| 1 | immediately preceding calendar year divided by 12. Beginning | ||||||
| 2 | on October 1, 2002, a taxpayer who has a tax liability in the | ||||||
| 3 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
| 4 | Department of Revenue Law shall make all payments required by | ||||||
| 5 | rules of the Department by electronic funds transfer. | ||||||
| 6 | Before August 1 of each year beginning in 1993, the | ||||||
| 7 | Department shall notify all taxpayers required to make | ||||||
| 8 | payments by electronic funds transfer. All taxpayers required | ||||||
| 9 | to make payments by electronic funds transfer shall make those | ||||||
| 10 | payments for a minimum of one year beginning on October 1. | ||||||
| 11 | Any taxpayer not required to make payments by electronic | ||||||
| 12 | funds transfer may make payments by electronic funds transfer | ||||||
| 13 | with the permission of the Department. | ||||||
| 14 | All taxpayers required to make payment by electronic funds | ||||||
| 15 | transfer and any taxpayers authorized to voluntarily make | ||||||
| 16 | payments by electronic funds transfer shall make those | ||||||
| 17 | payments in the manner authorized by the Department. | ||||||
| 18 | The Department shall adopt such rules as are necessary to | ||||||
| 19 | effectuate a program of electronic funds transfer and the | ||||||
| 20 | requirements of this Section. | ||||||
| 21 | If the serviceman is otherwise required to file a monthly | ||||||
| 22 | return and if the serviceman's average monthly tax liability | ||||||
| 23 | to the Department does not exceed $200, the Department may | ||||||
| 24 | authorize his returns to be filed on a quarter annual basis, | ||||||
| 25 | with the return for January, February, and March of a given | ||||||
| 26 | year being due by April 20 of such year; with the return for | ||||||
| |||||||
| |||||||
| 1 | April, May, and June of a given year being due by July 20 of | ||||||
| 2 | such year; with the return for July, August, and September of a | ||||||
| 3 | given year being due by October 20 of such year, and with the | ||||||
| 4 | return for October, November, and December of a given year | ||||||
| 5 | being due by January 20 of the following year. | ||||||
| 6 | If the serviceman is otherwise required to file a monthly | ||||||
| 7 | or quarterly return and if the serviceman's average monthly | ||||||
| 8 | tax liability to the Department does not exceed $50, the | ||||||
| 9 | Department may authorize his returns to be filed on an annual | ||||||
| 10 | basis, with the return for a given year being due by January 20 | ||||||
| 11 | of the following year. | ||||||
| 12 | Such quarter annual and annual returns, as to form and | ||||||
| 13 | substance, shall be subject to the same requirements as | ||||||
| 14 | monthly returns. | ||||||
| 15 | Notwithstanding any other provision in this Act concerning | ||||||
| 16 | the time within which a serviceman may file his return, in the | ||||||
| 17 | case of any serviceman who ceases to engage in a kind of | ||||||
| 18 | business which makes him responsible for filing returns under | ||||||
| 19 | this Act, such serviceman shall file a final return under this | ||||||
| 20 | Act with the Department not more than one 1 month after | ||||||
| 21 | discontinuing such business. | ||||||
| 22 | Where a serviceman collects the tax with respect to the | ||||||
| 23 | selling price of property which he sells and the purchaser | ||||||
| 24 | thereafter returns such property and the serviceman refunds | ||||||
| 25 | the selling price thereof to the purchaser, such serviceman | ||||||
| 26 | shall also refund, to the purchaser, the tax so collected from | ||||||
| |||||||
| |||||||
| 1 | the purchaser. When filing his return for the period in which | ||||||
| 2 | he refunds such tax to the purchaser, the serviceman may | ||||||
| 3 | deduct the amount of the tax so refunded by him to the | ||||||
| 4 | purchaser from any other Service Use Tax, Service Occupation | ||||||
| 5 | Tax, retailers' occupation tax, or use tax which such | ||||||
| 6 | serviceman may be required to pay or remit to the Department, | ||||||
| 7 | as shown by such return, provided that the amount of the tax to | ||||||
| 8 | be deducted shall previously have been remitted to the | ||||||
| 9 | Department by such serviceman. If the serviceman shall not | ||||||
| 10 | previously have remitted the amount of such tax to the | ||||||
| 11 | Department, he shall be entitled to no deduction hereunder | ||||||
| 12 | upon refunding such tax to the purchaser. | ||||||
| 13 | Any serviceman filing a return hereunder shall also | ||||||
| 14 | include the total tax upon the selling price of tangible | ||||||
| 15 | personal property purchased for use by him as an incident to a | ||||||
| 16 | sale of service, and such serviceman shall remit the amount of | ||||||
| 17 | such tax to the Department when filing such return. | ||||||
| 18 | If experience indicates such action to be practicable, the | ||||||
| 19 | Department may prescribe and furnish a combination or joint | ||||||
| 20 | return which will enable servicemen, who are required to file | ||||||
| 21 | returns hereunder and also under the Service Occupation Tax | ||||||
| 22 | Act, to furnish all the return information required by both | ||||||
| 23 | Acts on the one form. | ||||||
| 24 | Where the serviceman has more than one business registered | ||||||
| 25 | with the Department under separate registration hereunder, | ||||||
| 26 | such serviceman shall not file each return that is due as a | ||||||
| |||||||
| |||||||
| 1 | single return covering all such registered businesses, but | ||||||
| 2 | shall file separate returns for each such registered business. | ||||||
| 3 | Beginning January 1, 1990, each month the Department shall | ||||||
| 4 | pay into the State and Local Tax Reform Fund, a special fund in | ||||||
| 5 | the State treasury Treasury, the net revenue realized for the | ||||||
| 6 | preceding month from the 1% tax imposed under this Act. | ||||||
| 7 | Beginning January 1, 1990, each month the Department shall | ||||||
| 8 | pay into the State and Local Sales Tax Reform Fund 20% of the | ||||||
| 9 | net revenue realized for the preceding month from the 6.25% | ||||||
| 10 | general rate on transfers of tangible personal property, other | ||||||
| 11 | than (i) tangible personal property which is purchased outside | ||||||
| 12 | Illinois at retail from a retailer and which is titled or | ||||||
| 13 | registered by an agency of this State's government and (ii) | ||||||
| 14 | aviation fuel sold on or after December 1, 2019. This | ||||||
| 15 | exception for aviation fuel only applies for so long as the | ||||||
| 16 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
| 17 | 47133 are binding on the State. | ||||||
| 18 | For aviation fuel sold on or after December 1, 2019, each | ||||||
| 19 | month the Department shall pay into the State Aviation Program | ||||||
| 20 | Fund 20% of the net revenue realized for the preceding month | ||||||
| 21 | from the 6.25% general rate on the selling price of aviation | ||||||
| 22 | fuel, less an amount estimated by the Department to be | ||||||
| 23 | required for refunds of the 20% portion of the tax on aviation | ||||||
| 24 | fuel under this Act, which amount shall be deposited into the | ||||||
| 25 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
| 26 | pay moneys into the State Aviation Program Fund and the | ||||||
| |||||||
| |||||||
| 1 | Aviation Fuel Sales Tax Refund Fund under this Act for so long | ||||||
| 2 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
| 3 | U.S.C. 47133 are binding on the State. | ||||||
| 4 | Beginning August 1, 2000, each month the Department shall | ||||||
| 5 | pay into the State and Local Sales Tax Reform Fund 100% of the | ||||||
| 6 | net revenue realized for the preceding month from the 1.25% | ||||||
| 7 | rate on the selling price of motor fuel and gasohol. | ||||||
| 8 | Beginning October 1, 2009, each month the Department shall | ||||||
| 9 | pay into the Capital Projects Fund an amount that is equal to | ||||||
| 10 | an amount estimated by the Department to represent 80% of the | ||||||
| 11 | net revenue realized for the preceding month from the sale of | ||||||
| 12 | candy, grooming and hygiene products, and soft drinks that had | ||||||
| 13 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
| 14 | are now taxed at 6.25%. | ||||||
| 15 | Beginning July 1, 2013, each month the Department shall | ||||||
| 16 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
| 17 | collected under this Act, the Use Tax Act, the Service | ||||||
| 18 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
| 19 | amount equal to the average monthly deficit in the Underground | ||||||
| 20 | Storage Tank Fund during the prior year, as certified annually | ||||||
| 21 | by the Illinois Environmental Protection Agency, but the total | ||||||
| 22 | payment into the Underground Storage Tank Fund under this Act, | ||||||
| 23 | the Use Tax Act, the Service Occupation Tax Act, and the | ||||||
| 24 | Retailers' Occupation Tax Act shall not exceed $18,000,000 in | ||||||
| 25 | any State fiscal year. As used in this paragraph, the "average | ||||||
| 26 | monthly deficit" shall be equal to the difference between the | ||||||
| |||||||
| |||||||
| 1 | average monthly claims for payment by the fund and the average | ||||||
| 2 | monthly revenues deposited into the fund, excluding payments | ||||||
| 3 | made pursuant to this paragraph. | ||||||
| 4 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
| 5 | received by the Department under the Use Tax Act, this Act, the | ||||||
| 6 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
| 7 | Act, each month the Department shall deposit $500,000 into the | ||||||
| 8 | State Crime Laboratory Fund. | ||||||
| 9 | Of the remainder of the moneys received by the Department | ||||||
| 10 | pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||||||
| 11 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
| 12 | and after July 1, 1989, 3.8% thereof shall be paid into the | ||||||
| 13 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
| 14 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
| 15 | may be, of the moneys received by the Department and required | ||||||
| 16 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
| 17 | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||||||
| 18 | Act, Section 9 of the Service Use Tax Act, and Section 9 of the | ||||||
| 19 | Service Occupation Tax Act, such Acts being hereinafter called | ||||||
| 20 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case | ||||||
| 21 | may be, of moneys being hereinafter called the "Tax Act | ||||||
| 22 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
| 23 | Fund from the State and Local Sales Tax Reform Fund shall be | ||||||
| 24 | less than the Annual Specified Amount (as defined in Section 3 | ||||||
| 25 | of the Retailers' Occupation Tax Act), an amount equal to the | ||||||
| 26 | difference shall be immediately paid into the Build Illinois | ||||||
| |||||||
| |||||||
| 1 | Fund from other moneys received by the Department pursuant to | ||||||
| 2 | the Tax Acts; and further provided, that if on the last | ||||||
| 3 | business day of any month the sum of (1) the Tax Act Amount | ||||||
| 4 | required to be deposited into the Build Illinois Bond Account | ||||||
| 5 | in the Build Illinois Fund during such month and (2) the amount | ||||||
| 6 | transferred during such month to the Build Illinois Fund from | ||||||
| 7 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
| 8 | than 1/12 of the Annual Specified Amount, an amount equal to | ||||||
| 9 | the difference shall be immediately paid into the Build | ||||||
| 10 | Illinois Fund from other moneys received by the Department | ||||||
| 11 | pursuant to the Tax Acts; and, further provided, that in no | ||||||
| 12 | event shall the payments required under the preceding proviso | ||||||
| 13 | result in aggregate payments into the Build Illinois Fund | ||||||
| 14 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
| 15 | the greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
| 16 | Specified Amount for such fiscal year; and, further provided, | ||||||
| 17 | that the amounts payable into the Build Illinois Fund under | ||||||
| 18 | this clause (b) shall be payable only until such time as the | ||||||
| 19 | aggregate amount on deposit under each trust indenture | ||||||
| 20 | securing Bonds issued and outstanding pursuant to the Build | ||||||
| 21 | Illinois Bond Act is sufficient, taking into account any | ||||||
| 22 | future investment income, to fully provide, in accordance with | ||||||
| 23 | such indenture, for the defeasance of or the payment of the | ||||||
| 24 | principal of, premium, if any, and interest on the Bonds | ||||||
| 25 | secured by such indenture and on any Bonds expected to be | ||||||
| 26 | issued thereafter and all fees and costs payable with respect | ||||||
| |||||||
| |||||||
| 1 | thereto, all as certified by the Director of the Bureau of the | ||||||
| 2 | Budget (now Governor's Office of Management and Budget). If on | ||||||
| 3 | the last business day of any month in which Bonds are | ||||||
| 4 | outstanding pursuant to the Build Illinois Bond Act, the | ||||||
| 5 | aggregate of the moneys deposited in the Build Illinois Bond | ||||||
| 6 | Account in the Build Illinois Fund in such month shall be less | ||||||
| 7 | than the amount required to be transferred in such month from | ||||||
| 8 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
| 9 | Retirement and Interest Fund pursuant to Section 13 of the | ||||||
| 10 | Build Illinois Bond Act, an amount equal to such deficiency | ||||||
| 11 | shall be immediately paid from other moneys received by the | ||||||
| 12 | Department pursuant to the Tax Acts to the Build Illinois | ||||||
| 13 | Fund; provided, however, that any amounts paid to the Build | ||||||
| 14 | Illinois Fund in any fiscal year pursuant to this sentence | ||||||
| 15 | shall be deemed to constitute payments pursuant to clause (b) | ||||||
| 16 | of the preceding sentence and shall reduce the amount | ||||||
| 17 | otherwise payable for such fiscal year pursuant to clause (b) | ||||||
| 18 | of the preceding sentence. The moneys received by the | ||||||
| 19 | Department pursuant to this Act and required to be deposited | ||||||
| 20 | into the Build Illinois Fund are subject to the pledge, claim | ||||||
| 21 | and charge set forth in Section 12 of the Build Illinois Bond | ||||||
| 22 | Act. | ||||||
| 23 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 24 | as provided in the preceding paragraph or in any amendment | ||||||
| 25 | thereto hereafter enacted, the following specified monthly | ||||||
| 26 | installment of the amount requested in the certificate of the | ||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| 1 | Chairman of the Metropolitan Pier and Exposition Authority | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | in excess of the sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | deposited in the aggregate from collections under Section 9 of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | 9 of the Service Occupation Tax Act, and Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Retailers' Occupation Tax Act into the McCormick Place | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Expansion Project Fund in the specified fiscal years.
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| 11 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | year thereafter, one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | certificate of the Chairman of the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | Exposition Authority for that fiscal year, less the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | the State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | (g) of Section 13 of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | Authority Act, plus cumulative deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | required under this Section for previous months and years, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | shall be deposited into the McCormick Place Expansion Project | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | not in excess of the amount specified above as "Total | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | Deposit", has been deposited. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | Subject to payment of amounts into the Capital Projects | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | preceding paragraphs or in any amendments thereto hereafter | ||||||
| 2 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||
| 3 | the Department shall each month deposit into the Aviation Fuel | ||||||
| 4 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
| 5 | be required for refunds of the 80% portion of the tax on | ||||||
| 6 | aviation fuel under this Act. The Department shall only | ||||||
| 7 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
| 8 | under this paragraph for so long as the revenue use | ||||||
| 9 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
| 10 | binding on the State. | ||||||
| 11 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 12 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
| 13 | preceding paragraphs or in any amendments thereto hereafter | ||||||
| 14 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
| 15 | 2013, the Department shall each month pay into the Illinois | ||||||
| 16 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
| 17 | the preceding month from the 6.25% general rate on the selling | ||||||
| 18 | price of tangible personal property. | ||||||
| 19 | Subject to payment of amounts into the Build Illinois | ||||||
| 20 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
| 21 | Tax Increment Fund, pursuant to the preceding paragraphs or in | ||||||
| 22 | any amendments to this Section hereafter enacted, beginning on | ||||||
| 23 | the first day of the first calendar month to occur on or after | ||||||
| 24 | August 26, 2014 (the effective date of Public Act 98-1098), | ||||||
| 25 | each month, from the collections made under Section 9 of the | ||||||
| 26 | Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of | ||||||
| |||||||
| |||||||
| 1 | the Service Occupation Tax Act, and Section 3 of the | ||||||
| 2 | Retailers' Occupation Tax Act, the Department shall pay into | ||||||
| 3 | the Tax Compliance and Administration Fund, to be used, | ||||||
| 4 | subject to appropriation, to fund additional auditors and | ||||||
| 5 | compliance personnel at the Department of Revenue, an amount | ||||||
| 6 | equal to 1/12 of 5% of 80% of the cash receipts collected | ||||||
| 7 | during the preceding fiscal year by the Audit Bureau of the | ||||||
| 8 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
| 9 | Service Occupation Tax Act, the Retailers' Occupation Tax Act, | ||||||
| 10 | and associated local occupation and use taxes administered by | ||||||
| 11 | the Department. | ||||||
| 12 | Subject to payments of amounts into the Build Illinois | ||||||
| 13 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
| 14 | Tax Increment Fund, and the Tax Compliance and Administration | ||||||
| 15 | Fund as provided in this Section, beginning on July 1, 2018 the | ||||||
| 16 | Department shall pay each month into the Downstate Public | ||||||
| 17 | Transportation Fund the moneys required to be so paid under | ||||||
| 18 | Section 2-3 of the Downstate Public Transportation Act. | ||||||
| 19 | Subject to successful execution and delivery of a | ||||||
| 20 | public-private agreement between the public agency and private | ||||||
| 21 | entity and completion of the civic build, beginning on July 1, | ||||||
| 22 | 2023, of the remainder of the moneys received by the | ||||||
| 23 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
| 24 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
| 25 | deposit the following specified deposits in the aggregate from | ||||||
| 26 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
| |||||||
| |||||||
| 1 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
| 2 | Act, as required under Section 8.25g of the State Finance Act | ||||||
| 3 | for distribution consistent with the Public-Private | ||||||
| 4 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
| 5 | The moneys received by the Department pursuant to this Act and | ||||||
| 6 | required to be deposited into the Civic and Transit | ||||||
| 7 | Infrastructure Fund are subject to the pledge, claim, and | ||||||
| 8 | charge set forth in Section 25-55 of the Public-Private | ||||||
| 9 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
| 10 | As used in this paragraph, "civic build", "private entity", | ||||||
| 11 | "public-private agreement", and "public agency" have the | ||||||
| 12 | meanings provided in Section 25-10 of the Public-Private | ||||||
| 13 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
| 14 | Fiscal Year............................Total Deposit | ||||||
| 15 | 2024....................................$200,000,000 | ||||||
| 16 | 2025....................................$206,000,000 | ||||||
| 17 | 2026....................................$212,200,000 | ||||||
| 18 | 2027....................................$218,500,000 | ||||||
| 19 | 2028....................................$225,100,000 | ||||||
| 20 | 2029....................................$288,700,000 | ||||||
| 21 | 2030....................................$298,900,000 | ||||||
| 22 | 2031....................................$309,300,000 | ||||||
| 23 | 2032....................................$320,100,000 | ||||||
| 24 | 2033....................................$331,200,000 | ||||||
| 25 | 2034....................................$341,200,000 | ||||||
| 26 | 2035....................................$351,400,000 | ||||||
| |||||||
| |||||||
| 1 | 2036....................................$361,900,000 | ||||||
| 2 | 2037....................................$372,800,000 | ||||||
| 3 | 2038....................................$384,000,000 | ||||||
| 4 | 2039....................................$395,500,000 | ||||||
| 5 | 2040....................................$407,400,000 | ||||||
| 6 | 2041....................................$419,600,000 | ||||||
| 7 | 2042....................................$432,200,000 | ||||||
| 8 | 2043....................................$445,100,000 | ||||||
| 9 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
| 10 | the payment of amounts into the State and Local Sales Tax | ||||||
| 11 | Reform Fund, the Build Illinois Fund, the McCormick Place | ||||||
| 12 | Expansion Project Fund, the Energy Infrastructure Fund, and | ||||||
| 13 | the Tax Compliance and Administration Fund as provided in this | ||||||
| 14 | Section, the Department shall pay each month into the Road | ||||||
| 15 | Fund the amount estimated to represent 16% of the net revenue | ||||||
| 16 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
| 17 | Beginning July 1, 2022 and until July 1, 2023, subject to the | ||||||
| 18 | payment of amounts into the State and Local Sales Tax Reform | ||||||
| 19 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
| 20 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
| 21 | Compliance and Administration Fund as provided in this | ||||||
| 22 | Section, the Department shall pay each month into the Road | ||||||
| 23 | Fund the amount estimated to represent 32% of the net revenue | ||||||
| 24 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
| 25 | Beginning July 1, 2023 and until July 1, 2024, subject to the | ||||||
| 26 | payment of amounts into the State and Local Sales Tax Reform | ||||||
| |||||||
| |||||||
| 1 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
| 2 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
| 3 | Compliance and Administration Fund as provided in this | ||||||
| 4 | Section, the Department shall pay each month into the Road | ||||||
| 5 | Fund the amount estimated to represent 48% of the net revenue | ||||||
| 6 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
| 7 | Beginning July 1, 2024 and until July 1, 2025, subject to the | ||||||
| 8 | payment of amounts into the State and Local Sales Tax Reform | ||||||
| 9 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
| 10 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
| 11 | Compliance and Administration Fund as provided in this | ||||||
| 12 | Section, the Department shall pay each month into the Road | ||||||
| 13 | Fund the amount estimated to represent 64% of the net revenue | ||||||
| 14 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
| 15 | Beginning on July 1, 2025, subject to the payment of amounts | ||||||
| 16 | into the State and Local Sales Tax Reform Fund, the Build | ||||||
| 17 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
| 18 | Illinois Tax Increment Fund, and the Tax Compliance and | ||||||
| 19 | Administration Fund as provided in this Section, the | ||||||
| 20 | Department shall pay each month into the Road Fund the amount | ||||||
| 21 | estimated to represent 80% of the net revenue realized from | ||||||
| 22 | the taxes imposed on motor fuel and gasohol. As used in this | ||||||
| 23 | paragraph "motor fuel" has the meaning given to that term in | ||||||
| 24 | Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the | ||||||
| 25 | meaning given to that term in Section 3-40 of the Use Tax Act. | ||||||
| 26 | Of the remainder of the moneys received by the Department | ||||||
| |||||||
| |||||||
| 1 | pursuant to this Act, 75% thereof shall be paid into the | ||||||
| 2 | General Revenue Fund of the State treasury Treasury and 25% | ||||||
| 3 | shall be reserved in a special account and used only for the | ||||||
| 4 | transfer to the Common School Fund as part of the monthly | ||||||
| 5 | transfer from the General Revenue Fund in accordance with | ||||||
| 6 | Section 8a of the State Finance Act. | ||||||
| 7 | As soon as possible after the first day of each month, upon | ||||||
| 8 | certification of the Department of Revenue, the Comptroller | ||||||
| 9 | shall order transferred and the Treasurer shall transfer from | ||||||
| 10 | the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||||||
| 11 | equal to 1.7% of 80% of the net revenue realized under this Act | ||||||
| 12 | for the second preceding month. Beginning April 1, 2000, this | ||||||
| 13 | transfer is no longer required and shall not be made. | ||||||
| 14 | Net revenue realized for a month shall be the revenue | ||||||
| 15 | collected by the State pursuant to this Act, less the amount | ||||||
| 16 | paid out during that month as refunds to taxpayers for | ||||||
| 17 | overpayment of liability. | ||||||
| 18 | (Source: P.A. 102-700, eff. 4-19-22; 103-363, eff. 7-28-23; | ||||||
| 19 | 103-592, Article 75, Section 75-10, eff. 1-1-25; 103-592, | ||||||
| 20 | Article 110, Section 110-10, eff. 6-7-24; revised 11-26-24.)
| ||||||
| 21 | Section 300. The Service Occupation Tax Act is amended by | ||||||
| 22 | changing Sections 3-5 and 3-10 as follows:
| ||||||
| 23 | (35 ILCS 115/3-5) | ||||||
| 24 | Sec. 3-5. Exemptions. The following tangible personal | ||||||
| |||||||
| |||||||
| 1 | property is exempt from the tax imposed by this Act: | ||||||
| 2 | (1) Personal property sold by a corporation, society, | ||||||
| 3 | association, foundation, institution, or organization, other | ||||||
| 4 | than a limited liability company, that is organized and | ||||||
| 5 | operated as a not-for-profit service enterprise for the | ||||||
| 6 | benefit of persons 65 years of age or older if the personal | ||||||
| 7 | property was not purchased by the enterprise for the purpose | ||||||
| 8 | of resale by the enterprise. | ||||||
| 9 | (2) Personal property purchased by a not-for-profit | ||||||
| 10 | Illinois county fair association for use in conducting, | ||||||
| 11 | operating, or promoting the county fair. | ||||||
| 12 | (3) Personal property purchased by any not-for-profit arts | ||||||
| 13 | or cultural organization that establishes, by proof required | ||||||
| 14 | by the Department by rule, that it has received an exemption | ||||||
| 15 | under Section 501(c)(3) of the Internal Revenue Code and that | ||||||
| 16 | is organized and operated primarily for the presentation or | ||||||
| 17 | support of arts or cultural programming, activities, or | ||||||
| 18 | services. These organizations include, but are not limited to, | ||||||
| 19 | music and dramatic arts organizations such as symphony | ||||||
| 20 | orchestras and theatrical groups, arts and cultural service | ||||||
| 21 | organizations, local arts councils, visual arts organizations, | ||||||
| 22 | and media arts organizations. On and after July 1, 2001 (the | ||||||
| 23 | effective date of Public Act 92-35), however, an entity | ||||||
| 24 | otherwise eligible for this exemption shall not make tax-free | ||||||
| 25 | purchases unless it has an active identification number issued | ||||||
| 26 | by the Department. | ||||||
| |||||||
| |||||||
| 1 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
| 2 | coinage issued by the State of Illinois, the government of the | ||||||
| 3 | United States of America, or the government of any foreign | ||||||
| 4 | country, and bullion. | ||||||
| 5 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
| 6 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 7 | equipment, including repair and replacement parts, both new | ||||||
| 8 | and used, and including that manufactured on special order or | ||||||
| 9 | purchased for lease, certified by the purchaser to be used | ||||||
| 10 | primarily for graphic arts production. Equipment includes | ||||||
| 11 | chemicals or chemicals acting as catalysts but only if the | ||||||
| 12 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| 13 | immediate change upon a graphic arts product. Beginning on | ||||||
| 14 | July 1, 2017, graphic arts machinery and equipment is included | ||||||
| 15 | in the manufacturing and assembling machinery and equipment | ||||||
| 16 | exemption under Section 2 of this Act. | ||||||
| 17 | (6) Personal property sold by a teacher-sponsored student | ||||||
| 18 | organization affiliated with an elementary or secondary school | ||||||
| 19 | located in Illinois. | ||||||
| 20 | (7) Farm machinery and equipment, both new and used, | ||||||
| 21 | including that manufactured on special order, certified by the | ||||||
| 22 | purchaser to be used primarily for production agriculture or | ||||||
| 23 | State or federal agricultural programs, including individual | ||||||
| 24 | replacement parts for the machinery and equipment, including | ||||||
| 25 | machinery and equipment purchased for lease, and including | ||||||
| 26 | implements of husbandry defined in Section 1-130 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 2 | chemical and fertilizer spreaders, and nurse wagons required | ||||||
| 3 | to be registered under Section 3-809 of the Illinois Vehicle | ||||||
| 4 | Code, but excluding other motor vehicles required to be | ||||||
| 5 | registered under the Illinois Vehicle Code. Horticultural | ||||||
| 6 | polyhouses or hoop houses used for propagating, growing, or | ||||||
| 7 | overwintering plants shall be considered farm machinery and | ||||||
| 8 | equipment under this item (7). Agricultural chemical tender | ||||||
| 9 | tanks and dry boxes shall include units sold separately from a | ||||||
| 10 | motor vehicle required to be licensed and units sold mounted | ||||||
| 11 | on a motor vehicle required to be licensed if the selling price | ||||||
| 12 | of the tender is separately stated. | ||||||
| 13 | Farm machinery and equipment shall include precision | ||||||
| 14 | farming equipment that is installed or purchased to be | ||||||
| 15 | installed on farm machinery and equipment, including, but not | ||||||
| 16 | limited to, tractors, harvesters, sprayers, planters, seeders, | ||||||
| 17 | or spreaders. Precision farming equipment includes, but is not | ||||||
| 18 | limited to, soil testing sensors, computers, monitors, | ||||||
| 19 | software, global positioning and mapping systems, and other | ||||||
| 20 | such equipment. | ||||||
| 21 | Farm machinery and equipment also includes computers, | ||||||
| 22 | sensors, software, and related equipment used primarily in the | ||||||
| 23 | computer-assisted operation of production agriculture | ||||||
| 24 | facilities, equipment, and activities such as, but not limited | ||||||
| 25 | to, the collection, monitoring, and correlation of animal and | ||||||
| 26 | crop data for the purpose of formulating animal diets and | ||||||
| |||||||
| |||||||
| 1 | agricultural chemicals. | ||||||
| 2 | Beginning on January 1, 2024, farm machinery and equipment | ||||||
| 3 | also includes electrical power generation equipment used | ||||||
| 4 | primarily for production agriculture. | ||||||
| 5 | This item (7) is exempt from the provisions of Section | ||||||
| 6 | 3-55. | ||||||
| 7 | (8) Until June 30, 2013, fuel and petroleum products sold | ||||||
| 8 | to or used by an air common carrier, certified by the carrier | ||||||
| 9 | to be used for consumption, shipment, or storage in the | ||||||
| 10 | conduct of its business as an air common carrier, for a flight | ||||||
| 11 | destined for or returning from a location or locations outside | ||||||
| 12 | the United States without regard to previous or subsequent | ||||||
| 13 | domestic stopovers. | ||||||
| 14 | Beginning July 1, 2013, fuel and petroleum products sold | ||||||
| 15 | to or used by an air carrier, certified by the carrier to be | ||||||
| 16 | used for consumption, shipment, or storage in the conduct of | ||||||
| 17 | its business as an air common carrier, for a flight that (i) is | ||||||
| 18 | engaged in foreign trade or is engaged in trade between the | ||||||
| 19 | United States and any of its possessions and (ii) transports | ||||||
| 20 | at least one individual or package for hire from the city of | ||||||
| 21 | origination to the city of final destination on the same | ||||||
| 22 | aircraft, without regard to a change in the flight number of | ||||||
| 23 | that aircraft. | ||||||
| 24 | (9) Proceeds of mandatory service charges separately | ||||||
| 25 | stated on customers' bills for the purchase and consumption of | ||||||
| 26 | food and beverages, to the extent that the proceeds of the | ||||||
| |||||||
| |||||||
| 1 | service charge are in fact turned over as tips or as a | ||||||
| 2 | substitute for tips to the employees who participate directly | ||||||
| 3 | in preparing, serving, hosting or cleaning up the food or | ||||||
| 4 | beverage function with respect to which the service charge is | ||||||
| 5 | imposed. | ||||||
| 6 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 7 | and production equipment, including (i) rigs and parts of | ||||||
| 8 | rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) | ||||||
| 9 | pipe and tubular goods, including casing and drill strings, | ||||||
| 10 | (iii) pumps and pump-jack units, (iv) storage tanks and flow | ||||||
| 11 | lines, (v) any individual replacement part for oil field | ||||||
| 12 | exploration, drilling, and production equipment, and (vi) | ||||||
| 13 | machinery and equipment purchased for lease; but excluding | ||||||
| 14 | motor vehicles required to be registered under the Illinois | ||||||
| 15 | Vehicle Code. | ||||||
| 16 | (11) Photoprocessing machinery and equipment, including | ||||||
| 17 | repair and replacement parts, both new and used, including | ||||||
| 18 | that manufactured on special order, certified by the purchaser | ||||||
| 19 | to be used primarily for photoprocessing, and including | ||||||
| 20 | photoprocessing machinery and equipment purchased for lease. | ||||||
| 21 | (12) Until July 1, 2028, coal and aggregate exploration, | ||||||
| 22 | mining, off-highway hauling, processing, maintenance, and | ||||||
| 23 | reclamation equipment, including replacement parts and | ||||||
| 24 | equipment, and including equipment purchased for lease, but | ||||||
| 25 | excluding motor vehicles required to be registered under the | ||||||
| 26 | Illinois Vehicle Code. The changes made to this Section by | ||||||
| |||||||
| |||||||
| 1 | Public Act 97-767 apply on and after July 1, 2003, but no claim | ||||||
| 2 | for credit or refund is allowed on or after August 16, 2013 | ||||||
| 3 | (the effective date of Public Act 98-456) for such taxes paid | ||||||
| 4 | during the period beginning July 1, 2003 and ending on August | ||||||
| 5 | 16, 2013 (the effective date of Public Act 98-456). | ||||||
| 6 | (13) Beginning January 1, 1992 and through June 30, 2016, | ||||||
| 7 | food for human consumption that is to be consumed off the | ||||||
| 8 | premises where it is sold (other than alcoholic beverages, | ||||||
| 9 | soft drinks and food that has been prepared for immediate | ||||||
| 10 | consumption) and prescription and non-prescription medicines, | ||||||
| 11 | drugs, medical appliances, and insulin, urine testing | ||||||
| 12 | materials, syringes, and needles used by diabetics, for human | ||||||
| 13 | use, when purchased for use by a person receiving medical | ||||||
| 14 | assistance under Article V of the Illinois Public Aid Code who | ||||||
| 15 | resides in a licensed long-term care facility, as defined in | ||||||
| 16 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 17 | in the ID/DD Community Care Act, the MC/DD Act, or the | ||||||
| 18 | Specialized Mental Health Rehabilitation Act of 2013. | ||||||
| 19 | (14) Semen used for artificial insemination of livestock | ||||||
| 20 | for direct agricultural production. | ||||||
| 21 | (15) Horses, or interests in horses, registered with and | ||||||
| 22 | meeting the requirements of any of the Arabian Horse Club | ||||||
| 23 | Registry of America, Appaloosa Horse Club, American Quarter | ||||||
| 24 | Horse Association, United States Trotting Association, or | ||||||
| 25 | Jockey Club, as appropriate, used for purposes of breeding or | ||||||
| 26 | racing for prizes. This item (15) is exempt from the | ||||||
| |||||||
| |||||||
| 1 | provisions of Section 3-55, and the exemption provided for | ||||||
| 2 | under this item (15) applies for all periods beginning May 30, | ||||||
| 3 | 1995, but no claim for credit or refund is allowed on or after | ||||||
| 4 | January 1, 2008 (the effective date of Public Act 95-88) for | ||||||
| 5 | such taxes paid during the period beginning May 30, 2000 and | ||||||
| 6 | ending on January 1, 2008 (the effective date of Public Act | ||||||
| 7 | 95-88). | ||||||
| 8 | (16) Computers and communications equipment utilized for | ||||||
| 9 | any hospital purpose and equipment used in the diagnosis, | ||||||
| 10 | analysis, or treatment of hospital patients sold to a lessor | ||||||
| 11 | who leases the equipment, under a lease of one year or longer | ||||||
| 12 | executed or in effect at the time of the purchase, to a | ||||||
| 13 | hospital that has been issued an active tax exemption | ||||||
| 14 | identification number by the Department under Section 1g of | ||||||
| 15 | the Retailers' Occupation Tax Act. | ||||||
| 16 | (17) Personal property sold to a lessor who leases the | ||||||
| 17 | property, under a lease of one year or longer executed or in | ||||||
| 18 | effect at the time of the purchase, to a governmental body that | ||||||
| 19 | has been issued an active tax exemption identification number | ||||||
| 20 | by the Department under Section 1g of the Retailers' | ||||||
| 21 | Occupation Tax Act. | ||||||
| 22 | (18) Beginning with taxable years ending on or after | ||||||
| 23 | December 31, 1995 and ending with taxable years ending on or | ||||||
| 24 | before December 31, 2004, personal property that is donated | ||||||
| 25 | for disaster relief to be used in a State or federally declared | ||||||
| 26 | disaster area in Illinois or bordering Illinois by a | ||||||
| |||||||
| |||||||
| 1 | manufacturer or retailer that is registered in this State to a | ||||||
| 2 | corporation, society, association, foundation, or institution | ||||||
| 3 | that has been issued a sales tax exemption identification | ||||||
| 4 | number by the Department that assists victims of the disaster | ||||||
| 5 | who reside within the declared disaster area. | ||||||
| 6 | (19) Beginning with taxable years ending on or after | ||||||
| 7 | December 31, 1995 and ending with taxable years ending on or | ||||||
| 8 | before December 31, 2004, personal property that is used in | ||||||
| 9 | the performance of infrastructure repairs in this State, | ||||||
| 10 | including, but not limited to, municipal roads and streets, | ||||||
| 11 | access roads, bridges, sidewalks, waste disposal systems, | ||||||
| 12 | water and sewer line extensions, water distribution and | ||||||
| 13 | purification facilities, storm water drainage and retention | ||||||
| 14 | facilities, and sewage treatment facilities, resulting from a | ||||||
| 15 | State or federally declared disaster in Illinois or bordering | ||||||
| 16 | Illinois when such repairs are initiated on facilities located | ||||||
| 17 | in the declared disaster area within 6 months after the | ||||||
| 18 | disaster. | ||||||
| 19 | (20) Beginning July 1, 1999, game or game birds sold at a | ||||||
| 20 | "game breeding and hunting preserve area" as that term is used | ||||||
| 21 | in the Wildlife Code. This paragraph is exempt from the | ||||||
| 22 | provisions of Section 3-55. | ||||||
| 23 | (21) A motor vehicle, as that term is defined in Section | ||||||
| 24 | 1-146 of the Illinois Vehicle Code, that is donated to a | ||||||
| 25 | corporation, limited liability company, society, association, | ||||||
| 26 | foundation, or institution that is determined by the | ||||||
| |||||||
| |||||||
| 1 | Department to be organized and operated exclusively for | ||||||
| 2 | educational purposes. For purposes of this exemption, "a | ||||||
| 3 | corporation, limited liability company, society, association, | ||||||
| 4 | foundation, or institution organized and operated exclusively | ||||||
| 5 | for educational purposes" means all tax-supported public | ||||||
| 6 | schools, private schools that offer systematic instruction in | ||||||
| 7 | useful branches of learning by methods common to public | ||||||
| 8 | schools and that compare favorably in their scope and | ||||||
| 9 | intensity with the course of study presented in tax-supported | ||||||
| 10 | schools, and vocational or technical schools or institutes | ||||||
| 11 | organized and operated exclusively to provide a course of | ||||||
| 12 | study of not less than 6 weeks duration and designed to prepare | ||||||
| 13 | individuals to follow a trade or to pursue a manual, | ||||||
| 14 | technical, mechanical, industrial, business, or commercial | ||||||
| 15 | occupation. | ||||||
| 16 | (22) Beginning January 1, 2000, personal property, | ||||||
| 17 | including food, purchased through fundraising events for the | ||||||
| 18 | benefit of a public or private elementary or secondary school, | ||||||
| 19 | a group of those schools, or one or more school districts if | ||||||
| 20 | the events are sponsored by an entity recognized by the school | ||||||
| 21 | district that consists primarily of volunteers and includes | ||||||
| 22 | parents and teachers of the school children. This paragraph | ||||||
| 23 | does not apply to fundraising events (i) for the benefit of | ||||||
| 24 | private home instruction or (ii) for which the fundraising | ||||||
| 25 | entity purchases the personal property sold at the events from | ||||||
| 26 | another individual or entity that sold the property for the | ||||||
| |||||||
| |||||||
| 1 | purpose of resale by the fundraising entity and that profits | ||||||
| 2 | from the sale to the fundraising entity. This paragraph is | ||||||
| 3 | exempt from the provisions of Section 3-55. | ||||||
| 4 | (23) Beginning January 1, 2000 and through December 31, | ||||||
| 5 | 2001, new or used automatic vending machines that prepare and | ||||||
| 6 | serve hot food and beverages, including coffee, soup, and | ||||||
| 7 | other items, and replacement parts for these machines. | ||||||
| 8 | Beginning January 1, 2002 and through June 30, 2003, machines | ||||||
| 9 | and parts for machines used in commercial, coin-operated | ||||||
| 10 | amusement and vending business if a use or occupation tax is | ||||||
| 11 | paid on the gross receipts derived from the use of the | ||||||
| 12 | commercial, coin-operated amusement and vending machines. This | ||||||
| 13 | paragraph is exempt from the provisions of Section 3-55. | ||||||
| 14 | (24) Beginning on August 2, 2001 (the effective date of | ||||||
| 15 | Public Act 92-227), computers and communications equipment | ||||||
| 16 | utilized for any hospital purpose and equipment used in the | ||||||
| 17 | diagnosis, analysis, or treatment of hospital patients sold to | ||||||
| 18 | a lessor who leases the equipment, under a lease of one year or | ||||||
| 19 | longer executed or in effect at the time of the purchase, to a | ||||||
| 20 | hospital that has been issued an active tax exemption | ||||||
| 21 | identification number by the Department under Section 1g of | ||||||
| 22 | the Retailers' Occupation Tax Act. This paragraph is exempt | ||||||
| 23 | from the provisions of Section 3-55. | ||||||
| 24 | (25) Beginning on August 2, 2001 (the effective date of | ||||||
| 25 | Public Act 92-227), personal property sold to a lessor who | ||||||
| 26 | leases the property, under a lease of one year or longer | ||||||
| |||||||
| |||||||
| 1 | executed or in effect at the time of the purchase, to a | ||||||
| 2 | governmental body that has been issued an active tax exemption | ||||||
| 3 | identification number by the Department under Section 1g of | ||||||
| 4 | the Retailers' Occupation Tax Act. This paragraph is exempt | ||||||
| 5 | from the provisions of Section 3-55. | ||||||
| 6 | (26) Beginning on January 1, 2002 and through June 30, | ||||||
| 7 | 2016, tangible personal property purchased from an Illinois | ||||||
| 8 | retailer by a taxpayer engaged in centralized purchasing | ||||||
| 9 | activities in Illinois who will, upon receipt of the property | ||||||
| 10 | in Illinois, temporarily store the property in Illinois (i) | ||||||
| 11 | for the purpose of subsequently transporting it outside this | ||||||
| 12 | State for use or consumption thereafter solely outside this | ||||||
| 13 | State or (ii) for the purpose of being processed, fabricated, | ||||||
| 14 | or manufactured into, attached to, or incorporated into other | ||||||
| 15 | tangible personal property to be transported outside this | ||||||
| 16 | State and thereafter used or consumed solely outside this | ||||||
| 17 | State. The Director of Revenue shall, pursuant to rules | ||||||
| 18 | adopted in accordance with the Illinois Administrative | ||||||
| 19 | Procedure Act, issue a permit to any taxpayer in good standing | ||||||
| 20 | with the Department who is eligible for the exemption under | ||||||
| 21 | this paragraph (26). The permit issued under this paragraph | ||||||
| 22 | (26) shall authorize the holder, to the extent and in the | ||||||
| 23 | manner specified in the rules adopted under this Act, to | ||||||
| 24 | purchase tangible personal property from a retailer exempt | ||||||
| 25 | from the taxes imposed by this Act. Taxpayers shall maintain | ||||||
| 26 | all necessary books and records to substantiate the use and | ||||||
| |||||||
| |||||||
| 1 | consumption of all such tangible personal property outside of | ||||||
| 2 | the State of Illinois. | ||||||
| 3 | (27) Beginning January 1, 2008, tangible personal property | ||||||
| 4 | used in the construction or maintenance of a community water | ||||||
| 5 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 6 | Protection Act, that is operated by a not-for-profit | ||||||
| 7 | corporation that holds a valid water supply permit issued | ||||||
| 8 | under Title IV of the Environmental Protection Act. This | ||||||
| 9 | paragraph is exempt from the provisions of Section 3-55. | ||||||
| 10 | (28) Tangible personal property sold to a | ||||||
| 11 | public-facilities corporation, as described in Section | ||||||
| 12 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 13 | constructing or furnishing a municipal convention hall, but | ||||||
| 14 | only if the legal title to the municipal convention hall is | ||||||
| 15 | transferred to the municipality without any further | ||||||
| 16 | consideration by or on behalf of the municipality at the time | ||||||
| 17 | of the completion of the municipal convention hall or upon the | ||||||
| 18 | retirement or redemption of any bonds or other debt | ||||||
| 19 | instruments issued by the public-facilities corporation in | ||||||
| 20 | connection with the development of the municipal convention | ||||||
| 21 | hall. This exemption includes existing public-facilities | ||||||
| 22 | corporations as provided in Section 11-65-25 of the Illinois | ||||||
| 23 | Municipal Code. This paragraph is exempt from the provisions | ||||||
| 24 | of Section 3-55. | ||||||
| 25 | (29) Beginning January 1, 2010 and continuing through | ||||||
| 26 | December 31, 2029, materials, parts, equipment, components, | ||||||
| |||||||
| |||||||
| 1 | and furnishings incorporated into or upon an aircraft as part | ||||||
| 2 | of the modification, refurbishment, completion, replacement, | ||||||
| 3 | repair, or maintenance of the aircraft. This exemption | ||||||
| 4 | includes consumable supplies used in the modification, | ||||||
| 5 | refurbishment, completion, replacement, repair, and | ||||||
| 6 | maintenance of aircraft. However, until January 1, 2024, this | ||||||
| 7 | exemption excludes any materials, parts, equipment, | ||||||
| 8 | components, and consumable supplies used in the modification, | ||||||
| 9 | replacement, repair, and maintenance of aircraft engines or | ||||||
| 10 | power plants, whether such engines or power plants are | ||||||
| 11 | installed or uninstalled upon any such aircraft. "Consumable | ||||||
| 12 | supplies" include, but are not limited to, adhesive, tape, | ||||||
| 13 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
| 14 | latex gloves, and protective films. | ||||||
| 15 | Beginning January 1, 2010 and continuing through December | ||||||
| 16 | 31, 2023, this exemption applies only to the transfer of | ||||||
| 17 | qualifying tangible personal property incident to the | ||||||
| 18 | modification, refurbishment, completion, replacement, repair, | ||||||
| 19 | or maintenance of an aircraft by persons who (i) hold an Air | ||||||
| 20 | Agency Certificate and are empowered to operate an approved | ||||||
| 21 | repair station by the Federal Aviation Administration, (ii) | ||||||
| 22 | have a Class IV Rating, and (iii) conduct operations in | ||||||
| 23 | accordance with Part 145 of the Federal Aviation Regulations. | ||||||
| 24 | The exemption does not include aircraft operated by a | ||||||
| 25 | commercial air carrier providing scheduled passenger air | ||||||
| 26 | service pursuant to authority issued under Part 121 or Part | ||||||
| |||||||
| |||||||
| 1 | 129 of the Federal Aviation Regulations. From January 1, 2024 | ||||||
| 2 | through December 31, 2029, this exemption applies only to the | ||||||
| 3 | transfer of qualifying tangible personal property incident to: | ||||||
| 4 | (A) the modification, refurbishment, completion, repair, | ||||||
| 5 | replacement, or maintenance of an aircraft by persons who (i) | ||||||
| 6 | hold an Air Agency Certificate and are empowered to operate an | ||||||
| 7 | approved repair station by the Federal Aviation | ||||||
| 8 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 9 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 10 | Regulations; and (B) the modification, replacement, repair, | ||||||
| 11 | and maintenance of aircraft engines or power plants without | ||||||
| 12 | regard to whether or not those persons meet the qualifications | ||||||
| 13 | of item (A). | ||||||
| 14 | The changes made to this paragraph (29) by Public Act | ||||||
| 15 | 98-534 are declarative of existing law. It is the intent of the | ||||||
| 16 | General Assembly that the exemption under this paragraph (29) | ||||||
| 17 | applies continuously from January 1, 2010 through December 31, | ||||||
| 18 | 2024; however, no claim for credit or refund is allowed for | ||||||
| 19 | taxes paid as a result of the disallowance of this exemption on | ||||||
| 20 | or after January 1, 2015 and prior to February 5, 2020 (the | ||||||
| 21 | effective date of Public Act 101-629). | ||||||
| 22 | (30) Beginning January 1, 2017 and through December 31, | ||||||
| 23 | 2026, menstrual pads, tampons, and menstrual cups. | ||||||
| 24 | (31) Tangible personal property transferred to a purchaser | ||||||
| 25 | who is exempt from tax by operation of federal law. This | ||||||
| 26 | paragraph is exempt from the provisions of Section 3-55. | ||||||
| |||||||
| |||||||
| 1 | (32) Qualified tangible personal property used in the | ||||||
| 2 | construction or operation of a data center that has been | ||||||
| 3 | granted a certificate of exemption by the Department of | ||||||
| 4 | Commerce and Economic Opportunity, whether that tangible | ||||||
| 5 | personal property is purchased by the owner, operator, or | ||||||
| 6 | tenant of the data center or by a contractor or subcontractor | ||||||
| 7 | of the owner, operator, or tenant. Data centers that would | ||||||
| 8 | have qualified for a certificate of exemption prior to January | ||||||
| 9 | 1, 2020 had Public Act 101-31 been in effect, may apply for and | ||||||
| 10 | obtain an exemption for subsequent purchases of computer | ||||||
| 11 | equipment or enabling software purchased or leased to upgrade, | ||||||
| 12 | supplement, or replace computer equipment or enabling software | ||||||
| 13 | purchased or leased in the original investment that would have | ||||||
| 14 | qualified. | ||||||
| 15 | The Department of Commerce and Economic Opportunity shall | ||||||
| 16 | grant a certificate of exemption under this item (32) to | ||||||
| 17 | qualified data centers as defined by Section 605-1025 of the | ||||||
| 18 | Department of Commerce and Economic Opportunity Law of the | ||||||
| 19 | Civil Administrative Code of Illinois. | ||||||
| 20 | For the purposes of this item (32): | ||||||
| 21 | "Data center" means a building or a series of | ||||||
| 22 | buildings rehabilitated or constructed to house working | ||||||
| 23 | servers in one physical location or multiple sites within | ||||||
| 24 | the State of Illinois. | ||||||
| 25 | "Qualified tangible personal property" means: | ||||||
| 26 | electrical systems and equipment; climate control and | ||||||
| |||||||
| |||||||
| 1 | chilling equipment and systems; mechanical systems and | ||||||
| 2 | equipment; monitoring and secure systems; emergency | ||||||
| 3 | generators; hardware; computers; servers; data storage | ||||||
| 4 | devices; network connectivity equipment; racks; cabinets; | ||||||
| 5 | telecommunications cabling infrastructure; raised floor | ||||||
| 6 | systems; peripheral components or systems; software; | ||||||
| 7 | mechanical, electrical, or plumbing systems; battery | ||||||
| 8 | systems; cooling systems and towers; temperature control | ||||||
| 9 | systems; other cabling; and other data center | ||||||
| 10 | infrastructure equipment and systems necessary to operate | ||||||
| 11 | qualified tangible personal property, including fixtures; | ||||||
| 12 | and component parts of any of the foregoing, including | ||||||
| 13 | installation, maintenance, repair, refurbishment, and | ||||||
| 14 | replacement of qualified tangible personal property to | ||||||
| 15 | generate, transform, transmit, distribute, or manage | ||||||
| 16 | electricity necessary to operate qualified tangible | ||||||
| 17 | personal property; and all other tangible personal | ||||||
| 18 | property that is essential to the operations of a computer | ||||||
| 19 | data center. The term "qualified tangible personal | ||||||
| 20 | property" also includes building materials physically | ||||||
| 21 | incorporated into the qualifying data center. To document | ||||||
| 22 | the exemption allowed under this Section, the retailer | ||||||
| 23 | must obtain from the purchaser a copy of the certificate | ||||||
| 24 | of eligibility issued by the Department of Commerce and | ||||||
| 25 | Economic Opportunity. | ||||||
| 26 | This item (32) is exempt from the provisions of Section | ||||||
| |||||||
| |||||||
| 1 | 3-55. | ||||||
| 2 | (33) Beginning July 1, 2022, breast pumps, breast pump | ||||||
| 3 | collection and storage supplies, and breast pump kits. This | ||||||
| 4 | item (33) is exempt from the provisions of Section 3-55. As | ||||||
| 5 | used in this item (33): | ||||||
| 6 | "Breast pump" means an electrically controlled or | ||||||
| 7 | manually controlled pump device designed or marketed to be | ||||||
| 8 | used to express milk from a human breast during lactation, | ||||||
| 9 | including the pump device and any battery, AC adapter, or | ||||||
| 10 | other power supply unit that is used to power the pump | ||||||
| 11 | device and is packaged and sold with the pump device at the | ||||||
| 12 | time of sale. | ||||||
| 13 | "Breast pump collection and storage supplies" means | ||||||
| 14 | items of tangible personal property designed or marketed | ||||||
| 15 | to be used in conjunction with a breast pump to collect | ||||||
| 16 | milk expressed from a human breast and to store collected | ||||||
| 17 | milk until it is ready for consumption. | ||||||
| 18 | "Breast pump collection and storage supplies" | ||||||
| 19 | includes, but is not limited to: breast shields and breast | ||||||
| 20 | shield connectors; breast pump tubes and tubing adapters; | ||||||
| 21 | breast pump valves and membranes; backflow protectors and | ||||||
| 22 | backflow protector adaptors; bottles and bottle caps | ||||||
| 23 | specific to the operation of the breast pump; and breast | ||||||
| 24 | milk storage bags. | ||||||
| 25 | "Breast pump collection and storage supplies" does not | ||||||
| 26 | include: (1) bottles and bottle caps not specific to the | ||||||
| |||||||
| |||||||
| 1 | operation of the breast pump; (2) breast pump travel bags | ||||||
| 2 | and other similar carrying accessories, including ice | ||||||
| 3 | packs, labels, and other similar products; (3) breast pump | ||||||
| 4 | cleaning supplies; (4) nursing bras, bra pads, breast | ||||||
| 5 | shells, and other similar products; and (5) creams, | ||||||
| 6 | ointments, and other similar products that relieve | ||||||
| 7 | breastfeeding-related symptoms or conditions of the | ||||||
| 8 | breasts or nipples, unless sold as part of a breast pump | ||||||
| 9 | kit that is pre-packaged by the breast pump manufacturer | ||||||
| 10 | or distributor. | ||||||
| 11 | "Breast pump kit" means a kit that: (1) contains no | ||||||
| 12 | more than a breast pump, breast pump collection and | ||||||
| 13 | storage supplies, a rechargeable battery for operating the | ||||||
| 14 | breast pump, a breastmilk cooler, bottle stands, ice | ||||||
| 15 | packs, and a breast pump carrying case; and (2) is | ||||||
| 16 | pre-packaged as a breast pump kit by the breast pump | ||||||
| 17 | manufacturer or distributor. | ||||||
| 18 | (34) Tangible personal property sold by or on behalf of | ||||||
| 19 | the State Treasurer pursuant to the Revised Uniform Unclaimed | ||||||
| 20 | Property Act. This item (34) is exempt from the provisions of | ||||||
| 21 | Section 3-55. | ||||||
| 22 | (35) Beginning on January 1, 2024, tangible personal | ||||||
| 23 | property purchased by an active duty member of the armed | ||||||
| 24 | forces of the United States who presents valid military | ||||||
| 25 | identification and purchases the property using a form of | ||||||
| 26 | payment where the federal government is the payor. The member | ||||||
| |||||||
| |||||||
| 1 | of the armed forces must complete, at the point of sale, a form | ||||||
| 2 | prescribed by the Department of Revenue documenting that the | ||||||
| 3 | transaction is eligible for the exemption under this | ||||||
| 4 | paragraph. Retailers must keep the form as documentation of | ||||||
| 5 | the exemption in their records for a period of not less than 6 | ||||||
| 6 | years. "Armed forces of the United States" means the United | ||||||
| 7 | States Army, Navy, Air Force, Space Force, Marine Corps, or | ||||||
| 8 | Coast Guard. This paragraph is exempt from the provisions of | ||||||
| 9 | Section 3-55. | ||||||
| 10 | (36) Beginning July 1, 2024, home-delivered meals provided | ||||||
| 11 | to Medicare or Medicaid recipients when payment is made by an | ||||||
| 12 | intermediary, such as a Medicare Administrative Contractor, a | ||||||
| 13 | Managed Care Organization, or a Medicare Advantage | ||||||
| 14 | Organization, pursuant to a government contract. This | ||||||
| 15 | paragraph (36) (35) is exempt from the provisions of Section | ||||||
| 16 | 3-55. | ||||||
| 17 | (37) (36) Beginning on January 1, 2026, as further defined | ||||||
| 18 | in Section 3-10, food prepared for immediate consumption and | ||||||
| 19 | transferred incident to a sale of service subject to this Act | ||||||
| 20 | or the Service Use Tax Act by an entity licensed under the | ||||||
| 21 | Hospital Licensing Act, the Nursing Home Care Act, the | ||||||
| 22 | Assisted Living and Shared Housing Act, the ID/DD Community | ||||||
| 23 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
| 24 | Rehabilitation Act of 2013, or the Child Care Act of 1969 or by | ||||||
| 25 | an entity that holds a permit issued pursuant to the Life Care | ||||||
| 26 | Facilities Act. This item (37) (36) is exempt from the | ||||||
| |||||||
| |||||||
| 1 | provisions of Section 3-55. | ||||||
| 2 | (38) (37) Beginning on January 1, 2026, as further defined | ||||||
| 3 | in Section 3-10, food for human consumption that is to be | ||||||
| 4 | consumed off the premises where it is sold (other than | ||||||
| 5 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 6 | use cannabis, soft drinks, candy, and food that has been | ||||||
| 7 | prepared for immediate consumption). This item (38) (37) is | ||||||
| 8 | exempt from the provisions of Section 3-55. | ||||||
| 9 | (39) (36) The lease of the following tangible personal | ||||||
| 10 | property: | ||||||
| 11 | (1) computer software transferred subject to a license | ||||||
| 12 | that meets the following requirements: | ||||||
| 13 | (A) it is evidenced by a written agreement signed | ||||||
| 14 | by the licensor and the customer; | ||||||
| 15 | (i) an electronic agreement in which the | ||||||
| 16 | customer accepts the license by means of an | ||||||
| 17 | electronic signature that is verifiable and can be | ||||||
| 18 | authenticated and is attached to or made part of | ||||||
| 19 | the license will comply with this requirement; | ||||||
| 20 | (ii) a license agreement in which the customer | ||||||
| 21 | electronically accepts the terms by clicking "I | ||||||
| 22 | agree" does not comply with this requirement; | ||||||
| 23 | (B) it restricts the customer's duplication and | ||||||
| 24 | use of the software; | ||||||
| 25 | (C) it prohibits the customer from licensing, | ||||||
| 26 | sublicensing, or transferring the software to a third | ||||||
| |||||||
| |||||||
| 1 | party (except to a related party) without the | ||||||
| 2 | permission and continued control of the licensor; | ||||||
| 3 | (D) the licensor has a policy of providing another | ||||||
| 4 | copy at minimal or no charge if the customer loses or | ||||||
| 5 | damages the software, or of permitting the licensee to | ||||||
| 6 | make and keep an archival copy, and such policy is | ||||||
| 7 | either stated in the license agreement, supported by | ||||||
| 8 | the licensor's books and records, or supported by a | ||||||
| 9 | notarized statement made under penalties of perjury by | ||||||
| 10 | the licensor; and | ||||||
| 11 | (E) the customer must destroy or return all copies | ||||||
| 12 | of the software to the licensor at the end of the | ||||||
| 13 | license period; this provision is deemed to be met, in | ||||||
| 14 | the case of a perpetual license, without being set | ||||||
| 15 | forth in the license agreement; and | ||||||
| 16 | (2) property that is subject to a tax on lease | ||||||
| 17 | receipts imposed by a home rule unit of local government | ||||||
| 18 | if the ordinance imposing that tax was adopted prior to | ||||||
| 19 | January 1, 2023. | ||||||
| 20 | (Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70, | ||||||
| 21 | Section 70-15, eff. 4-19-22; 102-700, Article 75, Section | ||||||
| 22 | 75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5, | ||||||
| 23 | Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15, | ||||||
| 24 | eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; | ||||||
| 25 | 103-592, eff. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff. | ||||||
| 26 | 7-1-24; 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; 103-995, | ||||||
| |||||||
| |||||||
| 1 | eff. 8-9-24; revised 11-26-24.)
| ||||||
| 2 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10) | ||||||
| 3 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 4 | Section, the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 5 | the "selling price", as defined in Section 2 of the Service Use | ||||||
| 6 | Tax Act, of the tangible personal property, including, on and | ||||||
| 7 | after January 1, 2025, tangible personal property transferred | ||||||
| 8 | by lease. For the purpose of computing this tax, in no event | ||||||
| 9 | shall the "selling price" be less than the cost price to the | ||||||
| 10 | serviceman of the tangible personal property transferred. The | ||||||
| 11 | selling price of each item of tangible personal property | ||||||
| 12 | transferred as an incident of a sale of service may be shown as | ||||||
| 13 | a distinct and separate item on the serviceman's billing to | ||||||
| 14 | the service customer. If the selling price is not so shown, the | ||||||
| 15 | selling price of the tangible personal property is deemed to | ||||||
| 16 | be 50% of the serviceman's entire billing to the service | ||||||
| 17 | customer. When, however, a serviceman contracts to design, | ||||||
| 18 | develop, and produce special order machinery or equipment, the | ||||||
| 19 | tax imposed by this Act shall be based on the serviceman's cost | ||||||
| 20 | price of the tangible personal property transferred incident | ||||||
| 21 | to the completion of the contract. | ||||||
| 22 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 23 | with respect to motor fuel, as defined in Section 1.1 of the | ||||||
| 24 | Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of | ||||||
| 25 | the Use Tax Act, the tax is imposed at the rate of 1.25%. | ||||||
| |||||||
| |||||||
| 1 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 2 | tax imposed by this Act shall apply to (i) 70% of the cost | ||||||
| 3 | price of property transferred as an incident to the sale of | ||||||
| 4 | service on or after January 1, 1990, and before July 1, 2003, | ||||||
| 5 | (ii) 80% of the selling price of property transferred as an | ||||||
| 6 | incident to the sale of service on or after July 1, 2003 and on | ||||||
| 7 | or before July 1, 2017, (iii) 100% of the selling price of | ||||||
| 8 | property transferred as an incident to the sale of service | ||||||
| 9 | after July 1, 2017 and prior to January 1, 2024, (iv) 90% of | ||||||
| 10 | the selling price of property transferred as an incident to | ||||||
| 11 | the sale of service on or after January 1, 2024 and on or | ||||||
| 12 | before December 31, 2028, and (v) 100% of the selling price of | ||||||
| 13 | property transferred as an incident to the sale of service | ||||||
| 14 | after December 31, 2028. If, at any time, however, the tax | ||||||
| 15 | under this Act on sales of gasohol, as defined in the Use Tax | ||||||
| 16 | Act, is imposed at the rate of 1.25%, then the tax imposed by | ||||||
| 17 | this Act applies to 100% of the proceeds of sales of gasohol | ||||||
| 18 | made during that time. | ||||||
| 19 | With respect to mid-range ethanol blends, as defined in | ||||||
| 20 | Section 3-44.3 of the Use Tax Act, the tax imposed by this Act | ||||||
| 21 | applies to (i) 80% of the selling price of property | ||||||
| 22 | transferred as an incident to the sale of service on or after | ||||||
| 23 | January 1, 2024 and on or before December 31, 2028 and (ii) | ||||||
| 24 | 100% of the selling price of property transferred as an | ||||||
| 25 | incident to the sale of service after December 31, 2028. If, at | ||||||
| 26 | any time, however, the tax under this Act on sales of mid-range | ||||||
| |||||||
| |||||||
| 1 | ethanol blends is imposed at the rate of 1.25%, then the tax | ||||||
| 2 | imposed by this Act applies to 100% of the selling price of | ||||||
| 3 | mid-range ethanol blends transferred as an incident to the | ||||||
| 4 | sale of service during that time. | ||||||
| 5 | With respect to majority blended ethanol fuel, as defined | ||||||
| 6 | in the Use Tax Act, the tax imposed by this Act does not apply | ||||||
| 7 | to the selling price of property transferred as an incident to | ||||||
| 8 | the sale of service on or after July 1, 2003 and on or before | ||||||
| 9 | December 31, 2028 but applies to 100% of the selling price | ||||||
| 10 | thereafter. | ||||||
| 11 | With respect to biodiesel blends, as defined in the Use | ||||||
| 12 | Tax Act, with no less than 1% and no more than 10% biodiesel, | ||||||
| 13 | the tax imposed by this Act applies to (i) 80% of the selling | ||||||
| 14 | price of property transferred as an incident to the sale of | ||||||
| 15 | service on or after July 1, 2003 and on or before December 31, | ||||||
| 16 | 2018 and (ii) 100% of the proceeds of the selling price after | ||||||
| 17 | December 31, 2018 and before January 1, 2024. On and after | ||||||
| 18 | January 1, 2024 and on or before December 31, 2030, the | ||||||
| 19 | taxation of biodiesel, renewable diesel, and biodiesel blends | ||||||
| 20 | shall be as provided in Section 3-5.1 of the Use Tax Act. If, | ||||||
| 21 | at any time, however, the tax under this Act on sales of | ||||||
| 22 | biodiesel blends, as defined in the Use Tax Act, with no less | ||||||
| 23 | than 1% and no more than 10% biodiesel is imposed at the rate | ||||||
| 24 | of 1.25%, then the tax imposed by this Act applies to 100% of | ||||||
| 25 | the proceeds of sales of biodiesel blends with no less than 1% | ||||||
| 26 | and no more than 10% biodiesel made during that time. | ||||||
| |||||||
| |||||||
| 1 | With respect to biodiesel, as defined in the Use Tax Act, | ||||||
| 2 | and biodiesel blends, as defined in the Use Tax Act, with more | ||||||
| 3 | than 10% but no more than 99% biodiesel material, the tax | ||||||
| 4 | imposed by this Act does not apply to the proceeds of the | ||||||
| 5 | selling price of property transferred as an incident to the | ||||||
| 6 | sale of service on or after July 1, 2003 and on or before | ||||||
| 7 | December 31, 2023. On and after January 1, 2024 and on or | ||||||
| 8 | before December 31, 2030, the taxation of biodiesel, renewable | ||||||
| 9 | diesel, and biodiesel blends shall be as provided in Section | ||||||
| 10 | 3-5.1 of the Use Tax Act. | ||||||
| 11 | At the election of any registered serviceman made for each | ||||||
| 12 | fiscal year, sales of service in which the aggregate annual | ||||||
| 13 | cost price of tangible personal property transferred as an | ||||||
| 14 | incident to the sales of service is less than 35%, or 75% in | ||||||
| 15 | the case of servicemen transferring prescription drugs or | ||||||
| 16 | servicemen engaged in graphic arts production, of the | ||||||
| 17 | aggregate annual total gross receipts from all sales of | ||||||
| 18 | service, the tax imposed by this Act shall be based on the | ||||||
| 19 | serviceman's cost price of the tangible personal property | ||||||
| 20 | transferred incident to the sale of those services. | ||||||
| 21 | Until July 1, 2022 and from July 1, 2023 through December | ||||||
| 22 | 31, 2025, the tax shall be imposed at the rate of 1% on food | ||||||
| 23 | prepared for immediate consumption and transferred incident to | ||||||
| 24 | a sale of service subject to this Act or the Service Use Tax | ||||||
| 25 | Act by an entity licensed under the Hospital Licensing Act, | ||||||
| 26 | the Nursing Home Care Act, the Assisted Living and Shared | ||||||
| |||||||
| |||||||
| 1 | Housing Act, the ID/DD Community Care Act, the MC/DD Act, the | ||||||
| 2 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 3 | Child Care Act of 1969, or an entity that holds a permit issued | ||||||
| 4 | pursuant to the Life Care Facilities Act. Until July 1, 2022 | ||||||
| 5 | and from July 1, 2023 through December 31, 2025, the tax shall | ||||||
| 6 | also be imposed at the rate of 1% on food for human consumption | ||||||
| 7 | that is to be consumed off the premises where it is sold (other | ||||||
| 8 | than alcoholic beverages, food consisting of or infused with | ||||||
| 9 | adult use cannabis, soft drinks, and food that has been | ||||||
| 10 | prepared for immediate consumption and is not otherwise | ||||||
| 11 | included in this paragraph). | ||||||
| 12 | Beginning on July 1, 2022 and until July 1, 2023, the tax | ||||||
| 13 | shall be imposed at the rate of 0% on food prepared for | ||||||
| 14 | immediate consumption and transferred incident to a sale of | ||||||
| 15 | service subject to this Act or the Service Use Tax Act by an | ||||||
| 16 | entity licensed under the Hospital Licensing Act, the Nursing | ||||||
| 17 | Home Care Act, the Assisted Living and Shared Housing Act, the | ||||||
| 18 | ID/DD Community Care Act, the MC/DD Act, the Specialized | ||||||
| 19 | Mental Health Rehabilitation Act of 2013, or the Child Care | ||||||
| 20 | Act of 1969, or an entity that holds a permit issued pursuant | ||||||
| 21 | to the Life Care Facilities Act. Beginning July 1, 2022 and | ||||||
| 22 | until July 1, 2023, the tax shall also be imposed at the rate | ||||||
| 23 | of 0% on food for human consumption that is to be consumed off | ||||||
| 24 | the premises where it is sold (other than alcoholic beverages, | ||||||
| 25 | food consisting of or infused with adult use cannabis, soft | ||||||
| 26 | drinks, and food that has been prepared for immediate | ||||||
| |||||||
| |||||||
| 1 | consumption and is not otherwise included in this paragraph). | ||||||
| 2 | On and after January 1, 2026, food prepared for immediate | ||||||
| 3 | consumption and transferred incident to a sale of service | ||||||
| 4 | subject to this Act or the Service Use Tax Act by an entity | ||||||
| 5 | licensed under the Hospital Licensing Act, the Nursing Home | ||||||
| 6 | Care Act, the Assisted Living and Shared Housing Act, the | ||||||
| 7 | ID/DD Community Care Act, the MC/DD Act, the Specialized | ||||||
| 8 | Mental Health Rehabilitation Act of 2013, or the Child Care | ||||||
| 9 | Act of 1969, or an entity that holds a permit issued pursuant | ||||||
| 10 | to the Life Care Facilities Act is exempt from the tax imposed | ||||||
| 11 | by this Act. On and after January 1, 2026, food for human | ||||||
| 12 | consumption that is to be consumed off the premises where it is | ||||||
| 13 | sold (other than alcoholic beverages, food consisting of or | ||||||
| 14 | infused with adult use cannabis, soft drinks, candy, and food | ||||||
| 15 | that has been prepared for immediate consumption and is not | ||||||
| 16 | otherwise included in this paragraph) is exempt from the tax | ||||||
| 17 | imposed by this Act. | ||||||
| 18 | The tax shall be imposed at the rate of 1% on prescription | ||||||
| 19 | and nonprescription medicines, drugs, medical appliances, | ||||||
| 20 | products classified as Class III medical devices by the United | ||||||
| 21 | States Food and Drug Administration that are used for cancer | ||||||
| 22 | treatment pursuant to a prescription, as well as any | ||||||
| 23 | accessories and components related to those devices, | ||||||
| 24 | modifications to a motor vehicle for the purpose of rendering | ||||||
| 25 | it usable by a person with a disability, and insulin, blood | ||||||
| 26 | sugar testing materials, syringes, and needles used by human | ||||||
| |||||||
| |||||||
| 1 | diabetics. For the purposes of this Section, until September | ||||||
| 2 | 1, 2009: the term "soft drinks" means any complete, finished, | ||||||
| 3 | ready-to-use, non-alcoholic drink, whether carbonated or not, | ||||||
| 4 | including, but not limited to, soda water, cola, fruit juice, | ||||||
| 5 | vegetable juice, carbonated water, and all other preparations | ||||||
| 6 | commonly known as soft drinks of whatever kind or description | ||||||
| 7 | that are contained in any closed or sealed can, carton, or | ||||||
| 8 | container, regardless of size; but "soft drinks" does not | ||||||
| 9 | include coffee, tea, non-carbonated water, infant formula, | ||||||
| 10 | milk or milk products as defined in the Grade A Pasteurized | ||||||
| 11 | Milk and Milk Products Act, or drinks containing 50% or more | ||||||
| 12 | natural fruit or vegetable juice. | ||||||
| 13 | Notwithstanding any other provisions of this Act, | ||||||
| 14 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 15 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 16 | drinks" does not include beverages that contain milk or milk | ||||||
| 17 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 18 | than 50% of vegetable or fruit juice by volume. | ||||||
| 19 | Until August 1, 2009, and notwithstanding any other | ||||||
| 20 | provisions of this Act, "food for human consumption that is to | ||||||
| 21 | be consumed off the premises where it is sold" includes all | ||||||
| 22 | food sold through a vending machine, except soft drinks and | ||||||
| 23 | food products that are dispensed hot from a vending machine, | ||||||
| 24 | regardless of the location of the vending machine. Beginning | ||||||
| 25 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 26 | this Act, "food for human consumption that is to be consumed | ||||||
| |||||||
| |||||||
| 1 | off the premises where it is sold" includes all food sold | ||||||
| 2 | through a vending machine, except soft drinks, candy, and food | ||||||
| 3 | products that are dispensed hot from a vending machine, | ||||||
| 4 | regardless of the location of the vending machine. | ||||||
| 5 | Notwithstanding any other provisions of this Act, | ||||||
| 6 | beginning September 1, 2009, "food for human consumption that | ||||||
| 7 | is to be consumed off the premises where it is sold" does not | ||||||
| 8 | include candy. For purposes of this Section, "candy" means a | ||||||
| 9 | preparation of sugar, honey, or other natural or artificial | ||||||
| 10 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
| 11 | other ingredients or flavorings in the form of bars, drops, or | ||||||
| 12 | pieces. "Candy" does not include any preparation that contains | ||||||
| 13 | flour or requires refrigeration. | ||||||
| 14 | Notwithstanding any other provisions of this Act, | ||||||
| 15 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 16 | drugs" does not include grooming and hygiene products. For | ||||||
| 17 | purposes of this Section, "grooming and hygiene products" | ||||||
| 18 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 19 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 20 | lotions and screens, unless those products are available by | ||||||
| 21 | prescription only, regardless of whether the products meet the | ||||||
| 22 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 23 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 24 | use that contains a label that identifies the product as a drug | ||||||
| 25 | as required by 21 CFR 201.66. The "over-the-counter-drug" | ||||||
| 26 | label includes: | ||||||
| |||||||
| |||||||
| 1 | (A) a "Drug Facts" panel; or | ||||||
| 2 | (B) a statement of the "active ingredient(s)" with a | ||||||
| 3 | list of those ingredients contained in the compound, | ||||||
| 4 | substance or preparation. | ||||||
| 5 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 6 | Act 98-122), "prescription and nonprescription medicines and | ||||||
| 7 | drugs" includes medical cannabis purchased from a registered | ||||||
| 8 | dispensing organization under the Compassionate Use of Medical | ||||||
| 9 | Cannabis Program Act. | ||||||
| 10 | As used in this Section, "adult use cannabis" means | ||||||
| 11 | cannabis subject to tax under the Cannabis Cultivation | ||||||
| 12 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
| 13 | and does not include cannabis subject to tax under the | ||||||
| 14 | Compassionate Use of Medical Cannabis Program Act. | ||||||
| 15 | (Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; | ||||||
| 16 | 102-700, Article 20, Section 20-15, eff. 4-19-22; 102-700, | ||||||
| 17 | Article 60, Section 60-25, eff. 4-19-22; 103-9, eff. 6-7-23; | ||||||
| 18 | 103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff. | ||||||
| 19 | 8-5-24; revised 11-26-24.)
| ||||||
| 20 | Section 305. The Retailers' Occupation Tax Act is amended | ||||||
| 21 | by changing Sections 1, 2, 2-5, 2-10, and 2-12 as follows:
| ||||||
| 22 | (35 ILCS 120/1) | ||||||
| 23 | Sec. 1. Definitions. As used in this Act: | ||||||
| 24 | "Sale at retail" means any transfer of the ownership of, | ||||||
| |||||||
| |||||||
| 1 | the title to, the possession or control of, the right to | ||||||
| 2 | possess or control, or a license to use tangible personal | ||||||
| 3 | property to a purchaser, for the purpose of use or | ||||||
| 4 | consumption, and not for the purpose of resale in any form as | ||||||
| 5 | tangible personal property to the extent not first subjected | ||||||
| 6 | to a use for which it was purchased, for a valuable | ||||||
| 7 | consideration: Provided that the property purchased is deemed | ||||||
| 8 | to be purchased for the purpose of resale, despite first being | ||||||
| 9 | used, to the extent to which it is resold as an ingredient of | ||||||
| 10 | an intentionally produced product or byproduct of | ||||||
| 11 | manufacturing. For this purpose, slag produced as an incident | ||||||
| 12 | to manufacturing pig iron or steel and sold is considered to be | ||||||
| 13 | an intentionally produced byproduct of manufacturing. | ||||||
| 14 | Transactions whereby the possession of the property is | ||||||
| 15 | transferred but the seller retains the title as security for | ||||||
| 16 | payment of the selling price shall be deemed to be sales. | ||||||
| 17 | "Sale at retail" shall be construed to include any | ||||||
| 18 | transfer of the ownership of, the title to, the possession or | ||||||
| 19 | control of, the right to possess or control, or a license to | ||||||
| 20 | use tangible personal property to a purchaser, for use or | ||||||
| 21 | consumption by any other person to whom such purchaser may | ||||||
| 22 | transfer the tangible personal property without a valuable | ||||||
| 23 | consideration, and to include any transfer, whether made for | ||||||
| 24 | or without a valuable consideration, for resale in any form as | ||||||
| 25 | tangible personal property unless made in compliance with | ||||||
| 26 | Section 2c of this Act. | ||||||
| |||||||
| |||||||
| 1 | Sales of tangible personal property, which property, to | ||||||
| 2 | the extent not first subjected to a use for which it was | ||||||
| 3 | purchased, as an ingredient or constituent, goes into and | ||||||
| 4 | forms a part of tangible personal property subsequently the | ||||||
| 5 | subject of a "Sale at retail", are not sales at retail as | ||||||
| 6 | defined in this Act: Provided that the property purchased is | ||||||
| 7 | deemed to be purchased for the purpose of resale, despite | ||||||
| 8 | first being used, to the extent to which it is resold as an | ||||||
| 9 | ingredient of an intentionally produced product or byproduct | ||||||
| 10 | of manufacturing. | ||||||
| 11 | "Sale at retail" shall be construed to include any | ||||||
| 12 | Illinois florist's sales transaction in which the purchase | ||||||
| 13 | order is received in Illinois by a florist and the sale is for | ||||||
| 14 | use or consumption, but the Illinois florist has a florist in | ||||||
| 15 | another state deliver the property to the purchaser or the | ||||||
| 16 | purchaser's donee in such other state. | ||||||
| 17 | Nonreusable tangible personal property that is used by | ||||||
| 18 | persons engaged in the business of operating a restaurant, | ||||||
| 19 | cafeteria, or drive-in is a sale for resale when it is | ||||||
| 20 | transferred to customers in the ordinary course of business as | ||||||
| 21 | part of the sale of food or beverages and is used to deliver, | ||||||
| 22 | package, or consume food or beverages, regardless of where | ||||||
| 23 | consumption of the food or beverages occurs. Examples of those | ||||||
| 24 | items include, but are not limited to nonreusable, paper and | ||||||
| 25 | plastic cups, plates, baskets, boxes, sleeves, buckets or | ||||||
| 26 | other containers, utensils, straws, placemats, napkins, doggie | ||||||
| |||||||
| |||||||
| 1 | bags, and wrapping or packaging materials that are transferred | ||||||
| 2 | to customers as part of the sale of food or beverages in the | ||||||
| 3 | ordinary course of business. | ||||||
| 4 | The purchase, employment and transfer of such tangible | ||||||
| 5 | personal property as newsprint and ink for the primary purpose | ||||||
| 6 | of conveying news (with or without other information) is not a | ||||||
| 7 | purchase, use or sale of tangible personal property. | ||||||
| 8 | A person whose activities are organized and conducted | ||||||
| 9 | primarily as a not-for-profit service enterprise, and who | ||||||
| 10 | engages in selling tangible personal property at retail | ||||||
| 11 | (whether to the public or merely to members and their guests) | ||||||
| 12 | is engaged in the business of selling tangible personal | ||||||
| 13 | property at retail with respect to such transactions, | ||||||
| 14 | excepting only a person organized and operated exclusively for | ||||||
| 15 | charitable, religious or educational purposes either (1), to | ||||||
| 16 | the extent of sales by such person to its members, students, | ||||||
| 17 | patients or inmates of tangible personal property to be used | ||||||
| 18 | primarily for the purposes of such person, or (2), to the | ||||||
| 19 | extent of sales by such person of tangible personal property | ||||||
| 20 | which is not sold or offered for sale by persons organized for | ||||||
| 21 | profit. The selling of school books and school supplies by | ||||||
| 22 | schools at retail to students is not "primarily for the | ||||||
| 23 | purposes of" the school which does such selling. The | ||||||
| 24 | provisions of this paragraph shall not apply to nor subject to | ||||||
| 25 | taxation occasional dinners, socials or similar activities of | ||||||
| 26 | a person organized and operated exclusively for charitable, | ||||||
| |||||||
| |||||||
| 1 | religious or educational purposes, whether or not such | ||||||
| 2 | activities are open to the public. | ||||||
| 3 | A person who is the recipient of a grant or contract under | ||||||
| 4 | Title VII of the Older Americans Act of 1965 (P.L. 92-258) and | ||||||
| 5 | serves meals to participants in the federal Nutrition Program | ||||||
| 6 | for the Elderly in return for contributions established in | ||||||
| 7 | amount by the individual participant pursuant to a schedule of | ||||||
| 8 | suggested fees as provided for in the federal Act is not | ||||||
| 9 | engaged in the business of selling tangible personal property | ||||||
| 10 | at retail with respect to such transactions. | ||||||
| 11 | "Lease" means a transfer of the possession or control of, | ||||||
| 12 | the right to possess or control, or a license to use, but not | ||||||
| 13 | title to, tangible personal property for a fixed or | ||||||
| 14 | indeterminate term for consideration, regardless of the name | ||||||
| 15 | by which the transaction is called. "Lease" does not include a | ||||||
| 16 | lease entered into merely as a security agreement that does | ||||||
| 17 | not involve a transfer of possession or control from the | ||||||
| 18 | lessor to the lessee. | ||||||
| 19 | On and after January 1, 2025, the term "sale", when used in | ||||||
| 20 | this Act, includes a lease. | ||||||
| 21 | "Purchaser" means anyone who, through a sale at retail, | ||||||
| 22 | acquires the ownership of, the title to, the possession or | ||||||
| 23 | control of, the right to possess or control, or a license to | ||||||
| 24 | use tangible personal property for a valuable consideration. | ||||||
| 25 | "Reseller of motor fuel" means any person engaged in the | ||||||
| 26 | business of selling or delivering or transferring title of | ||||||
| |||||||
| |||||||
| 1 | motor fuel to another person other than for use or | ||||||
| 2 | consumption. No person shall act as a reseller of motor fuel | ||||||
| 3 | within this State without first being registered as a reseller | ||||||
| 4 | pursuant to Section 2c or a retailer pursuant to Section 2a. | ||||||
| 5 | "Selling price" or the "amount of sale" means the | ||||||
| 6 | consideration for a sale valued in money whether received in | ||||||
| 7 | money or otherwise, including cash, credits, property, other | ||||||
| 8 | than as hereinafter provided, and services, but, prior to | ||||||
| 9 | January 1, 2020 and beginning again on January 1, 2022, not | ||||||
| 10 | including the value of or credit given for traded-in tangible | ||||||
| 11 | personal property where the item that is traded-in is of like | ||||||
| 12 | kind and character as that which is being sold; beginning | ||||||
| 13 | January 1, 2020 and until January 1, 2022, "selling price" | ||||||
| 14 | includes the portion of the value of or credit given for | ||||||
| 15 | traded-in motor vehicles of the First Division as defined in | ||||||
| 16 | Section 1-146 of the Illinois Vehicle Code of like kind and | ||||||
| 17 | character as that which is being sold that exceeds $10,000. | ||||||
| 18 | "Selling price" shall be determined without any deduction on | ||||||
| 19 | account of the cost of the property sold, the cost of materials | ||||||
| 20 | used, labor or service cost or any other expense whatsoever, | ||||||
| 21 | but does not include charges that are added to prices by | ||||||
| 22 | sellers on account of the seller's tax liability under this | ||||||
| 23 | Act, or on account of the seller's duty to collect, from the | ||||||
| 24 | purchaser, the tax that is imposed by the Use Tax Act, or, | ||||||
| 25 | except as otherwise provided with respect to any cigarette tax | ||||||
| 26 | imposed by a home rule unit, on account of the seller's tax | ||||||
| |||||||
| |||||||
| 1 | liability under any local occupation tax administered by the | ||||||
| 2 | Department, or, except as otherwise provided with respect to | ||||||
| 3 | any cigarette tax imposed by a home rule unit on account of the | ||||||
| 4 | seller's duty to collect, from the purchasers, the tax that is | ||||||
| 5 | imposed under any local use tax administered by the | ||||||
| 6 | Department. Effective December 1, 1985, "selling price" shall | ||||||
| 7 | include charges that are added to prices by sellers on account | ||||||
| 8 | of the seller's tax liability under the Cigarette Tax Act, on | ||||||
| 9 | account of the sellers' duty to collect, from the purchaser, | ||||||
| 10 | the tax imposed under the Cigarette Use Tax Act, and on account | ||||||
| 11 | of the seller's duty to collect, from the purchaser, any | ||||||
| 12 | cigarette tax imposed by a home rule unit. | ||||||
| 13 | The provisions of this paragraph, which provides only for | ||||||
| 14 | an alternative meaning of "selling price" with respect to the | ||||||
| 15 | sale of certain motor vehicles incident to the contemporaneous | ||||||
| 16 | lease of those motor vehicles, continue in effect and are not | ||||||
| 17 | changed by the tax on leases implemented by Public Act 103-592 | ||||||
| 18 | this amendatory Act of the 103rd General Assembly. | ||||||
| 19 | Notwithstanding any law to the contrary, for any motor | ||||||
| 20 | vehicle, as defined in Section 1-146 of the Illinois Vehicle | ||||||
| 21 | Code, that is sold on or after January 1, 2015 for the purpose | ||||||
| 22 | of leasing the vehicle for a defined period that is longer than | ||||||
| 23 | one year and (1) is a motor vehicle of the second division | ||||||
| 24 | that: (A) is a self-contained motor vehicle designed or | ||||||
| 25 | permanently converted to provide living quarters for | ||||||
| 26 | recreational, camping, or travel use, with direct walk through | ||||||
| |||||||
| |||||||
| 1 | access to the living quarters from the driver's seat; (B) is of | ||||||
| 2 | the van configuration designed for the transportation of not | ||||||
| 3 | less than 7 nor more than 16 passengers; or (C) has a gross | ||||||
| 4 | vehicle weight rating of 8,000 pounds or less or (2) is a motor | ||||||
| 5 | vehicle of the first division, "selling price" or "amount of | ||||||
| 6 | sale" means the consideration received by the lessor pursuant | ||||||
| 7 | to the lease contract, including amounts due at lease signing | ||||||
| 8 | and all monthly or other regular payments charged over the | ||||||
| 9 | term of the lease. Also included in the selling price is any | ||||||
| 10 | amount received by the lessor from the lessee for the leased | ||||||
| 11 | vehicle that is not calculated at the time the lease is | ||||||
| 12 | executed, including, but not limited to, excess mileage | ||||||
| 13 | charges and charges for excess wear and tear. For sales that | ||||||
| 14 | occur in Illinois, with respect to any amount received by the | ||||||
| 15 | lessor from the lessee for the leased vehicle that is not | ||||||
| 16 | calculated at the time the lease is executed, the lessor who | ||||||
| 17 | purchased the motor vehicle does not incur the tax imposed by | ||||||
| 18 | the Use Tax Act on those amounts, and the retailer who makes | ||||||
| 19 | the retail sale of the motor vehicle to the lessor is not | ||||||
| 20 | required to collect the tax imposed by the Use Tax Act or to | ||||||
| 21 | pay the tax imposed by this Act on those amounts. However, the | ||||||
| 22 | lessor who purchased the motor vehicle assumes the liability | ||||||
| 23 | for reporting and paying the tax on those amounts directly to | ||||||
| 24 | the Department in the same form (Illinois Retailers' | ||||||
| 25 | Occupation Tax, and local retailers' occupation taxes, if | ||||||
| 26 | applicable) in which the retailer would have reported and paid | ||||||
| |||||||
| |||||||
| 1 | such tax if the retailer had accounted for the tax to the | ||||||
| 2 | Department. For amounts received by the lessor from the lessee | ||||||
| 3 | that are not calculated at the time the lease is executed, the | ||||||
| 4 | lessor must file the return and pay the tax to the Department | ||||||
| 5 | by the due date otherwise required by this Act for returns | ||||||
| 6 | other than transaction returns. If the retailer is entitled | ||||||
| 7 | under this Act to a discount for collecting and remitting the | ||||||
| 8 | tax imposed under this Act to the Department with respect to | ||||||
| 9 | the sale of the motor vehicle to the lessor, then the right to | ||||||
| 10 | the discount provided in this Act shall be transferred to the | ||||||
| 11 | lessor with respect to the tax paid by the lessor for any | ||||||
| 12 | amount received by the lessor from the lessee for the leased | ||||||
| 13 | vehicle that is not calculated at the time the lease is | ||||||
| 14 | executed; provided that the discount is only allowed if the | ||||||
| 15 | return is timely filed and for amounts timely paid. The | ||||||
| 16 | "selling price" of a motor vehicle that is sold on or after | ||||||
| 17 | January 1, 2015 for the purpose of leasing for a defined period | ||||||
| 18 | of longer than one year shall not be reduced by the value of or | ||||||
| 19 | credit given for traded-in tangible personal property owned by | ||||||
| 20 | the lessor, nor shall it be reduced by the value of or credit | ||||||
| 21 | given for traded-in tangible personal property owned by the | ||||||
| 22 | lessee, regardless of whether the trade-in value thereof is | ||||||
| 23 | assigned by the lessee to the lessor. In the case of a motor | ||||||
| 24 | vehicle that is sold for the purpose of leasing for a defined | ||||||
| 25 | period of longer than one year, the sale occurs at the time of | ||||||
| 26 | the delivery of the vehicle, regardless of the due date of any | ||||||
| |||||||
| |||||||
| 1 | lease payments. A lessor who incurs a Retailers' Occupation | ||||||
| 2 | Tax liability on the sale of a motor vehicle coming off lease | ||||||
| 3 | may not take a credit against that liability for the Use Tax | ||||||
| 4 | the lessor paid upon the purchase of the motor vehicle (or for | ||||||
| 5 | any tax the lessor paid with respect to any amount received by | ||||||
| 6 | the lessor from the lessee for the leased vehicle that was not | ||||||
| 7 | calculated at the time the lease was executed) if the selling | ||||||
| 8 | price of the motor vehicle at the time of purchase was | ||||||
| 9 | calculated using the definition of "selling price" as defined | ||||||
| 10 | in this paragraph. Notwithstanding any other provision of this | ||||||
| 11 | Act to the contrary, lessors shall file all returns and make | ||||||
| 12 | all payments required under this paragraph to the Department | ||||||
| 13 | by electronic means in the manner and form as required by the | ||||||
| 14 | Department. This paragraph does not apply to leases of motor | ||||||
| 15 | vehicles for which, at the time the lease is entered into, the | ||||||
| 16 | term of the lease is not a defined period, including leases | ||||||
| 17 | with a defined initial period with the option to continue the | ||||||
| 18 | lease on a month-to-month or other basis beyond the initial | ||||||
| 19 | defined period. | ||||||
| 20 | The phrase "like kind and character" shall be liberally | ||||||
| 21 | construed (including but not limited to any form of motor | ||||||
| 22 | vehicle for any form of motor vehicle, or any kind of farm or | ||||||
| 23 | agricultural implement for any other kind of farm or | ||||||
| 24 | agricultural implement), while not including a kind of item | ||||||
| 25 | which, if sold at retail by that retailer, would be exempt from | ||||||
| 26 | retailers' occupation tax and use tax as an isolated or | ||||||
| |||||||
| |||||||
| 1 | occasional sale. | ||||||
| 2 | "Gross receipts" from the sales of tangible personal | ||||||
| 3 | property at retail means the total selling price or the amount | ||||||
| 4 | of such sales, as hereinbefore defined. In the case of charge | ||||||
| 5 | and time sales, the amount thereof shall be included only as | ||||||
| 6 | and when payments are received by the seller. In the case of | ||||||
| 7 | leases, except as otherwise provided in this Act, the amount | ||||||
| 8 | thereof shall be included only as and when gross receipts are | ||||||
| 9 | received by the lessor. Receipts or other consideration | ||||||
| 10 | derived by a seller from the sale, transfer or assignment of | ||||||
| 11 | accounts receivable to a wholly owned subsidiary will not be | ||||||
| 12 | deemed payments prior to the time the purchaser makes payment | ||||||
| 13 | on such accounts. | ||||||
| 14 | "Department" means the Department of Revenue. | ||||||
| 15 | "Person" means any natural individual, firm, partnership, | ||||||
| 16 | association, joint stock company, joint adventure, public or | ||||||
| 17 | private corporation, limited liability company, or a receiver, | ||||||
| 18 | executor, trustee, guardian or other representative appointed | ||||||
| 19 | by order of any court. | ||||||
| 20 | The isolated or occasional sale of tangible personal | ||||||
| 21 | property at retail by a person who does not hold himself out as | ||||||
| 22 | being engaged (or who does not habitually engage) in selling | ||||||
| 23 | such tangible personal property at retail, or a sale through a | ||||||
| 24 | bulk vending machine, does not constitute engaging in a | ||||||
| 25 | business of selling such tangible personal property at retail | ||||||
| 26 | within the meaning of this Act; provided that any person who is | ||||||
| |||||||
| |||||||
| 1 | engaged in a business which is not subject to the tax imposed | ||||||
| 2 | by this Act because of involving the sale of or a contract to | ||||||
| 3 | sell real estate or a construction contract to improve real | ||||||
| 4 | estate or a construction contract to engineer, install, and | ||||||
| 5 | maintain an integrated system of products, but who, in the | ||||||
| 6 | course of conducting such business, transfers tangible | ||||||
| 7 | personal property to users or consumers in the finished form | ||||||
| 8 | in which it was purchased, and which does not become real | ||||||
| 9 | estate or was not engineered and installed, under any | ||||||
| 10 | provision of a construction contract or real estate sale or | ||||||
| 11 | real estate sales agreement entered into with some other | ||||||
| 12 | person arising out of or because of such nontaxable business, | ||||||
| 13 | is engaged in the business of selling tangible personal | ||||||
| 14 | property at retail to the extent of the value of the tangible | ||||||
| 15 | personal property so transferred. If, in such a transaction, a | ||||||
| 16 | separate charge is made for the tangible personal property so | ||||||
| 17 | transferred, the value of such property, for the purpose of | ||||||
| 18 | this Act, shall be the amount so separately charged, but not | ||||||
| 19 | less than the cost of such property to the transferor; if no | ||||||
| 20 | separate charge is made, the value of such property, for the | ||||||
| 21 | purposes of this Act, is the cost to the transferor of such | ||||||
| 22 | tangible personal property. Construction contracts for the | ||||||
| 23 | improvement of real estate consisting of engineering, | ||||||
| 24 | installation, and maintenance of voice, data, video, security, | ||||||
| 25 | and all telecommunication systems do not constitute engaging | ||||||
| 26 | in a business of selling tangible personal property at retail | ||||||
| |||||||
| |||||||
| 1 | within the meaning of this Act if they are sold at one | ||||||
| 2 | specified contract price. | ||||||
| 3 | A person who holds himself or herself out as being engaged | ||||||
| 4 | (or who habitually engages) in selling tangible personal | ||||||
| 5 | property at retail is a person engaged in the business of | ||||||
| 6 | selling tangible personal property at retail hereunder with | ||||||
| 7 | respect to such sales (and not primarily in a service | ||||||
| 8 | occupation) notwithstanding the fact that such person designs | ||||||
| 9 | and produces such tangible personal property on special order | ||||||
| 10 | for the purchaser and in such a way as to render the property | ||||||
| 11 | of value only to such purchaser, if such tangible personal | ||||||
| 12 | property so produced on special order serves substantially the | ||||||
| 13 | same function as stock or standard items of tangible personal | ||||||
| 14 | property that are sold at retail. | ||||||
| 15 | Persons who engage in the business of transferring | ||||||
| 16 | tangible personal property upon the redemption of trading | ||||||
| 17 | stamps are engaged in the business of selling such property at | ||||||
| 18 | retail and shall be liable for and shall pay the tax imposed by | ||||||
| 19 | this Act on the basis of the retail value of the property | ||||||
| 20 | transferred upon redemption of such stamps. | ||||||
| 21 | "Bulk vending machine" means a vending machine, containing | ||||||
| 22 | unsorted confections, nuts, toys, or other items designed | ||||||
| 23 | primarily to be used or played with by children which, when a | ||||||
| 24 | coin or coins of a denomination not larger than $0.50 are | ||||||
| 25 | inserted, are dispensed in equal portions, at random and | ||||||
| 26 | without selection by the customer. | ||||||
| |||||||
| |||||||
| 1 | "Remote retailer" means a retailer that does not maintain | ||||||
| 2 | within this State, directly or by a subsidiary, an office, | ||||||
| 3 | distribution house, sales house, warehouse or other place of | ||||||
| 4 | business, or any agent or other representative operating | ||||||
| 5 | within this State under the authority of the retailer or its | ||||||
| 6 | subsidiary, irrespective of whether such place of business or | ||||||
| 7 | agent is located here permanently or temporarily or whether | ||||||
| 8 | such retailer or subsidiary is licensed to do business in this | ||||||
| 9 | State. | ||||||
| 10 | "Retailer maintaining a place of business in this State" | ||||||
| 11 | has the meaning given to that term in Section 2 of the Use Tax | ||||||
| 12 | Act. | ||||||
| 13 | "Marketplace" means a physical or electronic place, forum, | ||||||
| 14 | platform, application, or other method by which a marketplace | ||||||
| 15 | seller sells or offers to sell items. | ||||||
| 16 | "Marketplace facilitator" means a person who, pursuant to | ||||||
| 17 | an agreement with an unrelated third-party marketplace seller, | ||||||
| 18 | directly or indirectly through one or more affiliates | ||||||
| 19 | facilitates a retail sale by an unrelated third-party third | ||||||
| 20 | party marketplace seller by: | ||||||
| 21 | (1) listing or advertising for sale by the marketplace | ||||||
| 22 | seller in a marketplace, tangible personal property that | ||||||
| 23 | is subject to tax under this Act; and | ||||||
| 24 | (2) either directly or indirectly, through agreements | ||||||
| 25 | or arrangements with third parties, collecting payment | ||||||
| 26 | from the customer and transmitting that payment to the | ||||||
| |||||||
| |||||||
| 1 | marketplace seller regardless of whether the marketplace | ||||||
| 2 | facilitator receives compensation or other consideration | ||||||
| 3 | in exchange for its services. | ||||||
| 4 | A person who provides advertising services, including | ||||||
| 5 | listing products for sale, is not considered a marketplace | ||||||
| 6 | facilitator, so long as the advertising service platform or | ||||||
| 7 | forum does not engage, directly or indirectly through one or | ||||||
| 8 | more affiliated persons, in the activities described in | ||||||
| 9 | paragraph (2) of this definition of "marketplace facilitator". | ||||||
| 10 | "Marketplace facilitator" does not include any person | ||||||
| 11 | licensed under the Auction License Act. This exemption does | ||||||
| 12 | not apply to any person who is an Internet auction listing | ||||||
| 13 | service, as defined by the Auction License Act. | ||||||
| 14 | "Marketplace seller" means a person who that makes sales | ||||||
| 15 | through a marketplace operated by an unrelated third-party | ||||||
| 16 | third party marketplace facilitator. | ||||||
| 17 | (Source: P.A. 102-353, eff. 1-1-22; 102-634, eff. 8-27-21; | ||||||
| 18 | 102-813, eff. 5-13-22; 103-592, eff. 1-1-25; 103-983, eff. | ||||||
| 19 | 1-1-25; revised 11-26-24.)
| ||||||
| 20 | (35 ILCS 120/2) | ||||||
| 21 | Sec. 2. Tax imposed. | ||||||
| 22 | (a) A tax is imposed upon persons engaged in the business | ||||||
| 23 | of selling at retail, which, on and after January 1, 2025, | ||||||
| 24 | includes leasing, tangible personal property, including | ||||||
| 25 | computer software, and including photographs, negatives, and | ||||||
| |||||||
| |||||||
| 1 | positives that are the product of photoprocessing, but not | ||||||
| 2 | including products of photoprocessing produced for use in | ||||||
| 3 | motion pictures for public commercial exhibition. Beginning | ||||||
| 4 | January 1, 2001, prepaid telephone calling arrangements shall | ||||||
| 5 | be considered tangible personal property subject to the tax | ||||||
| 6 | imposed under this Act regardless of the form in which those | ||||||
| 7 | arrangements may be embodied, transmitted, or fixed by any | ||||||
| 8 | method now known or hereafter developed. | ||||||
| 9 | The imposition of the tax under this Act on persons | ||||||
| 10 | engaged in the business of leasing tangible personal property | ||||||
| 11 | applies to leases in effect, entered into, or renewed on or | ||||||
| 12 | after January 1, 2025. In the case of leases, except as | ||||||
| 13 | otherwise provided in this Act, the lessor must remit, for | ||||||
| 14 | each tax return period, only the tax applicable to that part of | ||||||
| 15 | the selling price actually received during such tax return | ||||||
| 16 | period. | ||||||
| 17 | The inclusion of leases in the tax imposed under this Act | ||||||
| 18 | by Public Act 103-592 this amendatory Act of the 103rd General | ||||||
| 19 | Assembly does not, however, extend to motor vehicles, | ||||||
| 20 | watercraft, aircraft, and semitrailers, as defined in Section | ||||||
| 21 | 1-187 of the Illinois Vehicle Code, that are required to be | ||||||
| 22 | registered with an agency of this State. The taxation of these | ||||||
| 23 | items shall continue in effect as prior to the effective date | ||||||
| 24 | of the changes made to this Section by Public Act 103-592 this | ||||||
| 25 | amendatory Act of the 103rd General Assembly (i.e., dealers | ||||||
| 26 | owe retailers' occupation tax, lessors owe use tax, and | ||||||
| |||||||
| |||||||
| 1 | lessees are not subject to retailers' occupation or use tax). | ||||||
| 2 | Sales of (1) electricity delivered to customers by wire; | ||||||
| 3 | (2) natural or artificial gas that is delivered to customers | ||||||
| 4 | through pipes, pipelines, or mains; and (3) water that is | ||||||
| 5 | delivered to customers through pipes, pipelines, or mains are | ||||||
| 6 | not subject to tax under this Act. The provisions of Public Act | ||||||
| 7 | 98-583 this amendatory Act of the 98th General Assembly are | ||||||
| 8 | declaratory of existing law as to the meaning and scope of this | ||||||
| 9 | Act. | ||||||
| 10 | (b) Beginning on January 1, 2021, a remote retailer is | ||||||
| 11 | engaged in the occupation of selling at retail in Illinois for | ||||||
| 12 | purposes of this Act, if: | ||||||
| 13 | (1) the cumulative gross receipts from sales of | ||||||
| 14 | tangible personal property to purchasers in Illinois are | ||||||
| 15 | $100,000 or more; or | ||||||
| 16 | (2) the retailer enters into 200 or more separate | ||||||
| 17 | transactions for the sale of tangible personal property to | ||||||
| 18 | purchasers in Illinois. | ||||||
| 19 | Remote retailers that meet or exceed the threshold in | ||||||
| 20 | either paragraph (1) or (2) above shall be liable for all | ||||||
| 21 | applicable State retailers' and locally imposed retailers' | ||||||
| 22 | occupation taxes administered by the Department on all retail | ||||||
| 23 | sales to Illinois purchasers. | ||||||
| 24 | The remote retailer shall determine on a quarterly basis, | ||||||
| 25 | ending on the last day of March, June, September, and | ||||||
| 26 | December, whether he or she meets the criteria of either | ||||||
| |||||||
| |||||||
| 1 | paragraph (1) or (2) of this subsection for the preceding | ||||||
| 2 | 12-month period. If the retailer meets the criteria of either | ||||||
| 3 | paragraph (1) or (2) for a 12-month period, he or she is | ||||||
| 4 | considered a retailer maintaining a place of business in this | ||||||
| 5 | State and is required to collect and remit the tax imposed | ||||||
| 6 | under this Act and all retailers' occupation tax imposed by | ||||||
| 7 | local taxing jurisdictions in Illinois, provided such local | ||||||
| 8 | taxes are administered by the Department, and to file all | ||||||
| 9 | applicable returns for one year. At the end of that one-year | ||||||
| 10 | period, the retailer shall determine whether the retailer met | ||||||
| 11 | the criteria of either paragraph (1) or (2) for the preceding | ||||||
| 12 | 12-month period. If the retailer met the criteria in either | ||||||
| 13 | paragraph (1) or (2) for the preceding 12-month period, he or | ||||||
| 14 | she is considered a retailer maintaining a place of business | ||||||
| 15 | in this State and is required to collect and remit all | ||||||
| 16 | applicable State and local retailers' occupation taxes and | ||||||
| 17 | file returns for the subsequent year. If, at the end of a | ||||||
| 18 | one-year period, a retailer that was required to collect and | ||||||
| 19 | remit the tax imposed under this Act determines that he or she | ||||||
| 20 | did not meet the criteria in either paragraph (1) or (2) during | ||||||
| 21 | the preceding 12-month period, then the retailer shall | ||||||
| 22 | subsequently determine on a quarterly basis, ending on the | ||||||
| 23 | last day of March, June, September, and December, whether he | ||||||
| 24 | or she meets the criteria of either paragraph (1) or (2) for | ||||||
| 25 | the preceding 12-month period. | ||||||
| 26 | (b-2) Beginning on January 1, 2025, a retailer maintaining | ||||||
| |||||||
| |||||||
| 1 | a place of business in this State that makes retail sales of | ||||||
| 2 | tangible personal property to Illinois customers from a | ||||||
| 3 | location or locations outside of Illinois is engaged in the | ||||||
| 4 | occupation of selling at retail in Illinois for the purposes | ||||||
| 5 | of this Act. Those retailers are liable for all applicable | ||||||
| 6 | State and locally imposed retailers' occupation taxes | ||||||
| 7 | administered by the Department on retail sales made by those | ||||||
| 8 | retailers to Illinois customers from locations outside of | ||||||
| 9 | Illinois. | ||||||
| 10 | (b-5) For the purposes of this Section, neither the gross | ||||||
| 11 | receipts from nor the number of separate transactions for | ||||||
| 12 | sales of tangible personal property to purchasers in Illinois | ||||||
| 13 | that a remote retailer makes through a marketplace facilitator | ||||||
| 14 | shall be included for the purposes of determining whether he | ||||||
| 15 | or she has met the thresholds of subsection (b) of this Section | ||||||
| 16 | so long as the remote retailer has received certification from | ||||||
| 17 | the marketplace facilitator that the marketplace facilitator | ||||||
| 18 | is legally responsible for payment of tax on such sales. | ||||||
| 19 | (b-10) A remote retailer that is required to collect taxes | ||||||
| 20 | imposed under the Use Tax Act on retail sales made to Illinois | ||||||
| 21 | purchasers or a retailer maintaining a place of business in | ||||||
| 22 | this State that is required to collect taxes imposed under the | ||||||
| 23 | Use Tax Act on retail sales made to Illinois purchasers shall | ||||||
| 24 | be liable to the Department for such taxes, except when the | ||||||
| 25 | remote retailer or retailer maintaining a place of business in | ||||||
| 26 | this State is relieved of the duty to remit such taxes by | ||||||
| |||||||
| |||||||
| 1 | virtue of having paid to the Department taxes imposed by this | ||||||
| 2 | Act in accordance with this Section upon his or her gross | ||||||
| 3 | receipts from such sales. | ||||||
| 4 | (c) Marketplace facilitators engaged in the business of | ||||||
| 5 | selling at retail tangible personal property in Illinois. | ||||||
| 6 | Beginning January 1, 2021, a marketplace facilitator is | ||||||
| 7 | engaged in the occupation of selling at retail tangible | ||||||
| 8 | personal property in Illinois for purposes of this Act if, | ||||||
| 9 | during the previous 12-month period: | ||||||
| 10 | (1) the cumulative gross receipts from sales of | ||||||
| 11 | tangible personal property on its own behalf or on behalf | ||||||
| 12 | of marketplace sellers to purchasers in Illinois equals | ||||||
| 13 | $100,000 or more; or | ||||||
| 14 | (2) the marketplace facilitator enters into 200 or | ||||||
| 15 | more separate transactions on its own behalf or on behalf | ||||||
| 16 | of marketplace sellers for the sale of tangible personal | ||||||
| 17 | property to purchasers in Illinois, regardless of whether | ||||||
| 18 | the marketplace facilitator or marketplace sellers for | ||||||
| 19 | whom such sales are facilitated are registered as | ||||||
| 20 | retailers in this State. | ||||||
| 21 | A marketplace facilitator who meets either paragraph (1) | ||||||
| 22 | or (2) of this subsection is required to remit the applicable | ||||||
| 23 | State retailers' occupation taxes under this Act and local | ||||||
| 24 | retailers' occupation taxes administered by the Department on | ||||||
| 25 | all taxable sales of tangible personal property made by the | ||||||
| 26 | marketplace facilitator or facilitated for marketplace sellers | ||||||
| |||||||
| |||||||
| 1 | to customers in this State. A marketplace facilitator selling | ||||||
| 2 | or facilitating the sale of tangible personal property to | ||||||
| 3 | customers in this State is subject to all applicable | ||||||
| 4 | procedures and requirements of this Act. | ||||||
| 5 | The marketplace facilitator shall determine on a quarterly | ||||||
| 6 | basis, ending on the last day of March, June, September, and | ||||||
| 7 | December, whether he or she meets the criteria of either | ||||||
| 8 | paragraph (1) or (2) of this subsection for the preceding | ||||||
| 9 | 12-month period. If the marketplace facilitator meets the | ||||||
| 10 | criteria of either paragraph (1) or (2) for a 12-month period, | ||||||
| 11 | he or she is considered a retailer maintaining a place of | ||||||
| 12 | business in this State and is required to remit the tax imposed | ||||||
| 13 | under this Act and all retailers' occupation tax imposed by | ||||||
| 14 | local taxing jurisdictions in Illinois, provided such local | ||||||
| 15 | taxes are administered by the Department, and to file all | ||||||
| 16 | applicable returns for one year. At the end of that one-year | ||||||
| 17 | period, the marketplace facilitator shall determine whether it | ||||||
| 18 | met the criteria of either paragraph (1) or (2) for the | ||||||
| 19 | preceding 12-month period. If the marketplace facilitator met | ||||||
| 20 | the criteria in either paragraph (1) or (2) for the preceding | ||||||
| 21 | 12-month period, it is considered a retailer maintaining a | ||||||
| 22 | place of business in this State and is required to collect and | ||||||
| 23 | remit all applicable State and local retailers' occupation | ||||||
| 24 | taxes and file returns for the subsequent year. If at the end | ||||||
| 25 | of a one-year period a marketplace facilitator that was | ||||||
| 26 | required to collect and remit the tax imposed under this Act | ||||||
| |||||||
| |||||||
| 1 | determines that he or she did not meet the criteria in either | ||||||
| 2 | paragraph (1) or (2) during the preceding 12-month period, the | ||||||
| 3 | marketplace facilitator shall subsequently determine on a | ||||||
| 4 | quarterly basis, ending on the last day of March, June, | ||||||
| 5 | September, and December, whether he or she meets the criteria | ||||||
| 6 | of either paragraph (1) or (2) for the preceding 12-month | ||||||
| 7 | period. | ||||||
| 8 | A marketplace facilitator shall be entitled to any | ||||||
| 9 | credits, deductions, or adjustments to the sales price | ||||||
| 10 | otherwise provided to the marketplace seller, in addition to | ||||||
| 11 | any such adjustments provided directly to the marketplace | ||||||
| 12 | facilitator. This Section pertains to, but is not limited to, | ||||||
| 13 | adjustments such as discounts, coupons, and rebates. In | ||||||
| 14 | addition, a marketplace facilitator shall be entitled to the | ||||||
| 15 | retailers' discount provided in Section 3 of the Retailers' | ||||||
| 16 | Occupation Tax Act on all marketplace sales, and the | ||||||
| 17 | marketplace seller shall not include sales made through a | ||||||
| 18 | marketplace facilitator when computing any retailers' discount | ||||||
| 19 | on remaining sales. Marketplace facilitators shall report and | ||||||
| 20 | remit the applicable State and local retailers' occupation | ||||||
| 21 | taxes on sales facilitated for marketplace sellers separately | ||||||
| 22 | from any sales or use tax collected on taxable retail sales | ||||||
| 23 | made directly by the marketplace facilitator or its | ||||||
| 24 | affiliates. | ||||||
| 25 | The marketplace facilitator is liable for the remittance | ||||||
| 26 | of all applicable State retailers' occupation taxes under this | ||||||
| |||||||
| |||||||
| 1 | Act and local retailers' occupation taxes administered by the | ||||||
| 2 | Department on sales through the marketplace and is subject to | ||||||
| 3 | audit on all such sales. The Department shall not audit | ||||||
| 4 | marketplace sellers for their marketplace sales where a | ||||||
| 5 | marketplace facilitator remitted the applicable State and | ||||||
| 6 | local retailers' occupation taxes unless the marketplace | ||||||
| 7 | facilitator seeks relief as a result of incorrect information | ||||||
| 8 | provided to the marketplace facilitator by a marketplace | ||||||
| 9 | seller as set forth in this Section. The marketplace | ||||||
| 10 | facilitator shall not be held liable for tax on any sales made | ||||||
| 11 | by a marketplace seller that take place outside of the | ||||||
| 12 | marketplace and which are not a part of any agreement between a | ||||||
| 13 | marketplace facilitator and a marketplace seller. In addition, | ||||||
| 14 | marketplace facilitators shall not be held liable to State and | ||||||
| 15 | local governments of Illinois for having charged and remitted | ||||||
| 16 | an incorrect amount of State and local retailers' occupation | ||||||
| 17 | tax if, at the time of the sale, the tax is computed based on | ||||||
| 18 | erroneous data provided by the State in database files on tax | ||||||
| 19 | rates, boundaries, or taxing jurisdictions or incorrect | ||||||
| 20 | information provided to the marketplace facilitator by the | ||||||
| 21 | marketplace seller. | ||||||
| 22 | (d) A marketplace facilitator shall: | ||||||
| 23 | (1) certify to each marketplace seller that the | ||||||
| 24 | marketplace facilitator assumes the rights and duties of a | ||||||
| 25 | retailer under this Act with respect to sales made by the | ||||||
| 26 | marketplace seller through the marketplace; and | ||||||
| |||||||
| |||||||
| 1 | (2) remit taxes imposed by this Act as required by | ||||||
| 2 | this Act for sales made through the marketplace. | ||||||
| 3 | (e) A marketplace seller shall retain books and records | ||||||
| 4 | for all sales made through a marketplace in accordance with | ||||||
| 5 | the requirements of this Act. | ||||||
| 6 | (f) A marketplace facilitator is subject to audit on all | ||||||
| 7 | marketplace sales for which it is considered to be the | ||||||
| 8 | retailer, but shall not be liable for tax or subject to audit | ||||||
| 9 | on sales made by marketplace sellers outside of the | ||||||
| 10 | marketplace. | ||||||
| 11 | (g) A marketplace facilitator required to collect taxes | ||||||
| 12 | imposed under the Use Tax Act on marketplace sales made to | ||||||
| 13 | Illinois purchasers shall be liable to the Department for such | ||||||
| 14 | taxes, except when the marketplace facilitator is relieved of | ||||||
| 15 | the duty to remit such taxes by virtue of having paid to the | ||||||
| 16 | Department taxes imposed by this Act in accordance with this | ||||||
| 17 | Section upon his or her gross receipts from such sales. | ||||||
| 18 | (h) Nothing in this Section shall allow the Department to | ||||||
| 19 | collect retailers' occupation taxes from both the marketplace | ||||||
| 20 | facilitator and marketplace seller on the same transaction. | ||||||
| 21 | (i) If, for any reason, the Department is prohibited from | ||||||
| 22 | enforcing the marketplace facilitator's duty under this Act to | ||||||
| 23 | remit taxes pursuant to this Section, the duty to remit such | ||||||
| 24 | taxes remains with the marketplace seller. | ||||||
| 25 | (j) Nothing in this Section affects the obligation of any | ||||||
| 26 | consumer to remit use tax for any taxable transaction for | ||||||
| |||||||
| |||||||
| 1 | which a certified service provider acting on behalf of a | ||||||
| 2 | remote retailer or a marketplace facilitator does not collect | ||||||
| 3 | and remit the appropriate tax. | ||||||
| 4 | (k) Nothing in this Section shall allow the Department to | ||||||
| 5 | collect the retailers' occupation tax from both the | ||||||
| 6 | marketplace facilitator and the marketplace seller. | ||||||
| 7 | (Source: P.A. 103-592, eff. 1-1-25; 103-983, eff. 1-1-25; | ||||||
| 8 | revised 11-26-24.)
| ||||||
| 9 | (35 ILCS 120/2-5) | ||||||
| 10 | Sec. 2-5. Exemptions. Gross receipts from proceeds from | ||||||
| 11 | the sale, which, on and after January 1, 2025, includes the | ||||||
| 12 | lease, of the following tangible personal property are exempt | ||||||
| 13 | from the tax imposed by this Act: | ||||||
| 14 | (1) Farm chemicals. | ||||||
| 15 | (2) Farm machinery and equipment, both new and used, | ||||||
| 16 | including that manufactured on special order, certified by | ||||||
| 17 | the purchaser to be used primarily for production | ||||||
| 18 | agriculture or State or federal agricultural programs, | ||||||
| 19 | including individual replacement parts for the machinery | ||||||
| 20 | and equipment, including machinery and equipment purchased | ||||||
| 21 | for lease, and including implements of husbandry defined | ||||||
| 22 | in Section 1-130 of the Illinois Vehicle Code, farm | ||||||
| 23 | machinery and agricultural chemical and fertilizer | ||||||
| 24 | spreaders, and nurse wagons required to be registered | ||||||
| 25 | under Section 3-809 of the Illinois Vehicle Code, but | ||||||
| |||||||
| |||||||
| 1 | excluding other motor vehicles required to be registered | ||||||
| 2 | under the Illinois Vehicle Code. Horticultural polyhouses | ||||||
| 3 | or hoop houses used for propagating, growing, or | ||||||
| 4 | overwintering plants shall be considered farm machinery | ||||||
| 5 | and equipment under this item (2). Agricultural chemical | ||||||
| 6 | tender tanks and dry boxes shall include units sold | ||||||
| 7 | separately from a motor vehicle required to be licensed | ||||||
| 8 | and units sold mounted on a motor vehicle required to be | ||||||
| 9 | licensed, if the selling price of the tender is separately | ||||||
| 10 | stated. | ||||||
| 11 | Farm machinery and equipment shall include precision | ||||||
| 12 | farming equipment that is installed or purchased to be | ||||||
| 13 | installed on farm machinery and equipment including, but | ||||||
| 14 | not limited to, tractors, harvesters, sprayers, planters, | ||||||
| 15 | seeders, or spreaders. Precision farming equipment | ||||||
| 16 | includes, but is not limited to, soil testing sensors, | ||||||
| 17 | computers, monitors, software, global positioning and | ||||||
| 18 | mapping systems, and other such equipment. | ||||||
| 19 | Farm machinery and equipment also includes computers, | ||||||
| 20 | sensors, software, and related equipment used primarily in | ||||||
| 21 | the computer-assisted operation of production agriculture | ||||||
| 22 | facilities, equipment, and activities such as, but not | ||||||
| 23 | limited to, the collection, monitoring, and correlation of | ||||||
| 24 | animal and crop data for the purpose of formulating animal | ||||||
| 25 | diets and agricultural chemicals. | ||||||
| 26 | Beginning on January 1, 2024, farm machinery and | ||||||
| |||||||
| |||||||
| 1 | equipment also includes electrical power generation | ||||||
| 2 | equipment used primarily for production agriculture. | ||||||
| 3 | This item (2) is exempt from the provisions of Section | ||||||
| 4 | 2-70. | ||||||
| 5 | (3) Until July 1, 2003, distillation machinery and | ||||||
| 6 | equipment, sold as a unit or kit, assembled or installed | ||||||
| 7 | by the retailer, certified by the user to be used only for | ||||||
| 8 | the production of ethyl alcohol that will be used for | ||||||
| 9 | consumption as motor fuel or as a component of motor fuel | ||||||
| 10 | for the personal use of the user, and not subject to sale | ||||||
| 11 | or resale. | ||||||
| 12 | (4) Until July 1, 2003 and beginning again September | ||||||
| 13 | 1, 2004 through August 30, 2014, graphic arts machinery | ||||||
| 14 | and equipment, including repair and replacement parts, | ||||||
| 15 | both new and used, and including that manufactured on | ||||||
| 16 | special order or purchased for lease, certified by the | ||||||
| 17 | purchaser to be used primarily for graphic arts | ||||||
| 18 | production. Equipment includes chemicals or chemicals | ||||||
| 19 | acting as catalysts but only if the chemicals or chemicals | ||||||
| 20 | acting as catalysts effect a direct and immediate change | ||||||
| 21 | upon a graphic arts product. Beginning on July 1, 2017, | ||||||
| 22 | graphic arts machinery and equipment is included in the | ||||||
| 23 | manufacturing and assembling machinery and equipment | ||||||
| 24 | exemption under paragraph (14). | ||||||
| 25 | (5) A motor vehicle that is used for automobile | ||||||
| 26 | renting, as defined in the Automobile Renting Occupation | ||||||
| |||||||
| |||||||
| 1 | and Use Tax Act. This paragraph is exempt from the | ||||||
| 2 | provisions of Section 2-70. | ||||||
| 3 | (6) Personal property sold by a teacher-sponsored | ||||||
| 4 | student organization affiliated with an elementary or | ||||||
| 5 | secondary school located in Illinois. | ||||||
| 6 | (7) Until July 1, 2003, proceeds of that portion of | ||||||
| 7 | the selling price of a passenger car the sale of which is | ||||||
| 8 | subject to the Replacement Vehicle Tax. | ||||||
| 9 | (8) Personal property sold to an Illinois county fair | ||||||
| 10 | association for use in conducting, operating, or promoting | ||||||
| 11 | the county fair. | ||||||
| 12 | (9) Personal property sold to a not-for-profit arts or | ||||||
| 13 | cultural organization that establishes, by proof required | ||||||
| 14 | by the Department by rule, that it has received an | ||||||
| 15 | exemption under Section 501(c)(3) of the Internal Revenue | ||||||
| 16 | Code and that is organized and operated primarily for the | ||||||
| 17 | presentation or support of arts or cultural programming, | ||||||
| 18 | activities, or services. These organizations include, but | ||||||
| 19 | are not limited to, music and dramatic arts organizations | ||||||
| 20 | such as symphony orchestras and theatrical groups, arts | ||||||
| 21 | and cultural service organizations, local arts councils, | ||||||
| 22 | visual arts organizations, and media arts organizations. | ||||||
| 23 | On and after July 1, 2001 (the effective date of Public Act | ||||||
| 24 | 92-35), however, an entity otherwise eligible for this | ||||||
| 25 | exemption shall not make tax-free purchases unless it has | ||||||
| 26 | an active identification number issued by the Department. | ||||||
| |||||||
| |||||||
| 1 | (10) Personal property sold by a corporation, society, | ||||||
| 2 | association, foundation, institution, or organization, | ||||||
| 3 | other than a limited liability company, that is organized | ||||||
| 4 | and operated as a not-for-profit service enterprise for | ||||||
| 5 | the benefit of persons 65 years of age or older if the | ||||||
| 6 | personal property was not purchased by the enterprise for | ||||||
| 7 | the purpose of resale by the enterprise. | ||||||
| 8 | (11) Except as otherwise provided in this Section, | ||||||
| 9 | personal property sold to a governmental body, to a | ||||||
| 10 | corporation, society, association, foundation, or | ||||||
| 11 | institution organized and operated exclusively for | ||||||
| 12 | charitable, religious, or educational purposes, or to a | ||||||
| 13 | not-for-profit corporation, society, association, | ||||||
| 14 | foundation, institution, or organization that has no | ||||||
| 15 | compensated officers or employees and that is organized | ||||||
| 16 | and operated primarily for the recreation of persons 55 | ||||||
| 17 | years of age or older. A limited liability company may | ||||||
| 18 | qualify for the exemption under this paragraph only if the | ||||||
| 19 | limited liability company is organized and operated | ||||||
| 20 | exclusively for educational purposes. On and after July 1, | ||||||
| 21 | 1987, however, no entity otherwise eligible for this | ||||||
| 22 | exemption shall make tax-free purchases unless it has an | ||||||
| 23 | active identification number issued by the Department. | ||||||
| 24 | (12) (Blank). | ||||||
| 25 | (12-5) On and after July 1, 2003 and through June 30, | ||||||
| 26 | 2004, motor vehicles of the second division with a gross | ||||||
| |||||||
| |||||||
| 1 | vehicle weight in excess of 8,000 pounds that are subject | ||||||
| 2 | to the commercial distribution fee imposed under Section | ||||||
| 3 | 3-815.1 of the Illinois Vehicle Code. Beginning on July 1, | ||||||
| 4 | 2004 and through June 30, 2005, the use in this State of | ||||||
| 5 | motor vehicles of the second division: (i) with a gross | ||||||
| 6 | vehicle weight rating in excess of 8,000 pounds; (ii) that | ||||||
| 7 | are subject to the commercial distribution fee imposed | ||||||
| 8 | under Section 3-815.1 of the Illinois Vehicle Code; and | ||||||
| 9 | (iii) that are primarily used for commercial purposes. | ||||||
| 10 | Through June 30, 2005, this exemption applies to repair | ||||||
| 11 | and replacement parts added after the initial purchase of | ||||||
| 12 | such a motor vehicle if that motor vehicle is used in a | ||||||
| 13 | manner that would qualify for the rolling stock exemption | ||||||
| 14 | otherwise provided for in this Act. For purposes of this | ||||||
| 15 | paragraph, "used for commercial purposes" means the | ||||||
| 16 | transportation of persons or property in furtherance of | ||||||
| 17 | any commercial or industrial enterprise whether for-hire | ||||||
| 18 | or not. | ||||||
| 19 | (13) Proceeds from sales to owners or lessors, | ||||||
| 20 | lessees, or shippers of tangible personal property that is | ||||||
| 21 | utilized by interstate carriers for hire for use as | ||||||
| 22 | rolling stock moving in interstate commerce and equipment | ||||||
| 23 | operated by a telecommunications provider, licensed as a | ||||||
| 24 | common carrier by the Federal Communications Commission, | ||||||
| 25 | which is permanently installed in or affixed to aircraft | ||||||
| 26 | moving in interstate commerce. | ||||||
| |||||||
| |||||||
| 1 | (14) Machinery and equipment that will be used by the | ||||||
| 2 | purchaser, or a lessee of the purchaser, primarily in the | ||||||
| 3 | process of manufacturing or assembling tangible personal | ||||||
| 4 | property for wholesale or retail sale or lease, whether | ||||||
| 5 | the sale or lease is made directly by the manufacturer or | ||||||
| 6 | by some other person, whether the materials used in the | ||||||
| 7 | process are owned by the manufacturer or some other | ||||||
| 8 | person, or whether the sale or lease is made apart from or | ||||||
| 9 | as an incident to the seller's engaging in the service | ||||||
| 10 | occupation of producing machines, tools, dies, jigs, | ||||||
| 11 | patterns, gauges, or other similar items of no commercial | ||||||
| 12 | value on special order for a particular purchaser. The | ||||||
| 13 | exemption provided by this paragraph (14) does not include | ||||||
| 14 | machinery and equipment used in (i) the generation of | ||||||
| 15 | electricity for wholesale or retail sale; (ii) the | ||||||
| 16 | generation or treatment of natural or artificial gas for | ||||||
| 17 | wholesale or retail sale that is delivered to customers | ||||||
| 18 | through pipes, pipelines, or mains; or (iii) the treatment | ||||||
| 19 | of water for wholesale or retail sale that is delivered to | ||||||
| 20 | customers through pipes, pipelines, or mains. The | ||||||
| 21 | provisions of Public Act 98-583 are declaratory of | ||||||
| 22 | existing law as to the meaning and scope of this | ||||||
| 23 | exemption. Beginning on July 1, 2017, the exemption | ||||||
| 24 | provided by this paragraph (14) includes, but is not | ||||||
| 25 | limited to, graphic arts machinery and equipment, as | ||||||
| 26 | defined in paragraph (4) of this Section. | ||||||
| |||||||
| |||||||
| 1 | (15) Proceeds of mandatory service charges separately | ||||||
| 2 | stated on customers' bills for purchase and consumption of | ||||||
| 3 | food and beverages, to the extent that the proceeds of the | ||||||
| 4 | service charge are in fact turned over as tips or as a | ||||||
| 5 | substitute for tips to the employees who participate | ||||||
| 6 | directly in preparing, serving, hosting or cleaning up the | ||||||
| 7 | food or beverage function with respect to which the | ||||||
| 8 | service charge is imposed. | ||||||
| 9 | (16) Tangible personal property sold to a purchaser if | ||||||
| 10 | the purchaser is exempt from use tax by operation of | ||||||
| 11 | federal law. This paragraph is exempt from the provisions | ||||||
| 12 | of Section 2-70. | ||||||
| 13 | (17) Tangible personal property sold to a common | ||||||
| 14 | carrier by rail or motor that receives the physical | ||||||
| 15 | possession of the property in Illinois and that transports | ||||||
| 16 | the property, or shares with another common carrier in the | ||||||
| 17 | transportation of the property, out of Illinois on a | ||||||
| 18 | standard uniform bill of lading showing the seller of the | ||||||
| 19 | property as the shipper or consignor of the property to a | ||||||
| 20 | destination outside Illinois, for use outside Illinois. | ||||||
| 21 | (18) Legal tender, currency, medallions, or gold or | ||||||
| 22 | silver coinage issued by the State of Illinois, the | ||||||
| 23 | government of the United States of America, or the | ||||||
| 24 | government of any foreign country, and bullion. | ||||||
| 25 | (19) Until July 1, 2003, oil field exploration, | ||||||
| 26 | drilling, and production equipment, including (i) rigs and | ||||||
| |||||||
| |||||||
| 1 | parts of rigs, rotary rigs, cable tool rigs, and workover | ||||||
| 2 | rigs, (ii) pipe and tubular goods, including casing and | ||||||
| 3 | drill strings, (iii) pumps and pump-jack units, (iv) | ||||||
| 4 | storage tanks and flow lines, (v) any individual | ||||||
| 5 | replacement part for oil field exploration, drilling, and | ||||||
| 6 | production equipment, and (vi) machinery and equipment | ||||||
| 7 | purchased for lease; but excluding motor vehicles required | ||||||
| 8 | to be registered under the Illinois Vehicle Code. | ||||||
| 9 | (20) Photoprocessing machinery and equipment, | ||||||
| 10 | including repair and replacement parts, both new and used, | ||||||
| 11 | including that manufactured on special order, certified by | ||||||
| 12 | the purchaser to be used primarily for photoprocessing, | ||||||
| 13 | and including photoprocessing machinery and equipment | ||||||
| 14 | purchased for lease. | ||||||
| 15 | (21) Until July 1, 2028, coal and aggregate | ||||||
| 16 | exploration, mining, off-highway hauling, processing, | ||||||
| 17 | maintenance, and reclamation equipment, including | ||||||
| 18 | replacement parts and equipment, and including equipment | ||||||
| 19 | purchased for lease, but excluding motor vehicles required | ||||||
| 20 | to be registered under the Illinois Vehicle Code. The | ||||||
| 21 | changes made to this Section by Public Act 97-767 apply on | ||||||
| 22 | and after July 1, 2003, but no claim for credit or refund | ||||||
| 23 | is allowed on or after August 16, 2013 (the effective date | ||||||
| 24 | of Public Act 98-456) for such taxes paid during the | ||||||
| 25 | period beginning July 1, 2003 and ending on August 16, | ||||||
| 26 | 2013 (the effective date of Public Act 98-456). | ||||||
| |||||||
| |||||||
| 1 | (22) Until June 30, 2013, fuel and petroleum products | ||||||
| 2 | sold to or used by an air carrier, certified by the carrier | ||||||
| 3 | to be used for consumption, shipment, or storage in the | ||||||
| 4 | conduct of its business as an air common carrier, for a | ||||||
| 5 | flight destined for or returning from a location or | ||||||
| 6 | locations outside the United States without regard to | ||||||
| 7 | previous or subsequent domestic stopovers. | ||||||
| 8 | Beginning July 1, 2013, fuel and petroleum products | ||||||
| 9 | sold to or used by an air carrier, certified by the carrier | ||||||
| 10 | to be used for consumption, shipment, or storage in the | ||||||
| 11 | conduct of its business as an air common carrier, for a | ||||||
| 12 | flight that (i) is engaged in foreign trade or is engaged | ||||||
| 13 | in trade between the United States and any of its | ||||||
| 14 | possessions and (ii) transports at least one individual or | ||||||
| 15 | package for hire from the city of origination to the city | ||||||
| 16 | of final destination on the same aircraft, without regard | ||||||
| 17 | to a change in the flight number of that aircraft. | ||||||
| 18 | (23) A transaction in which the purchase order is | ||||||
| 19 | received by a florist who is located outside Illinois, but | ||||||
| 20 | who has a florist located in Illinois deliver the property | ||||||
| 21 | to the purchaser or the purchaser's donee in Illinois. | ||||||
| 22 | (24) Fuel consumed or used in the operation of ships, | ||||||
| 23 | barges, or vessels that are used primarily in or for the | ||||||
| 24 | transportation of property or the conveyance of persons | ||||||
| 25 | for hire on rivers bordering on this State if the fuel is | ||||||
| 26 | delivered by the seller to the purchaser's barge, ship, or | ||||||
| |||||||
| |||||||
| 1 | vessel while it is afloat upon that bordering river. | ||||||
| 2 | (25) Except as provided in item (25-5) of this | ||||||
| 3 | Section, a motor vehicle sold in this State to a | ||||||
| 4 | nonresident even though the motor vehicle is delivered to | ||||||
| 5 | the nonresident in this State, if the motor vehicle is not | ||||||
| 6 | to be titled in this State, and if a drive-away permit is | ||||||
| 7 | issued to the motor vehicle as provided in Section 3-603 | ||||||
| 8 | of the Illinois Vehicle Code or if the nonresident | ||||||
| 9 | purchaser has vehicle registration plates to transfer to | ||||||
| 10 | the motor vehicle upon returning to his or her home state. | ||||||
| 11 | The issuance of the drive-away permit or having the | ||||||
| 12 | out-of-state registration plates to be transferred is | ||||||
| 13 | prima facie evidence that the motor vehicle will not be | ||||||
| 14 | titled in this State. | ||||||
| 15 | (25-5) The exemption under item (25) does not apply if | ||||||
| 16 | the state in which the motor vehicle will be titled does | ||||||
| 17 | not allow a reciprocal exemption for a motor vehicle sold | ||||||
| 18 | and delivered in that state to an Illinois resident but | ||||||
| 19 | titled in Illinois. The tax collected under this Act on | ||||||
| 20 | the sale of a motor vehicle in this State to a resident of | ||||||
| 21 | another state that does not allow a reciprocal exemption | ||||||
| 22 | shall be imposed at a rate equal to the state's rate of tax | ||||||
| 23 | on taxable property in the state in which the purchaser is | ||||||
| 24 | a resident, except that the tax shall not exceed the tax | ||||||
| 25 | that would otherwise be imposed under this Act. At the | ||||||
| 26 | time of the sale, the purchaser shall execute a statement, | ||||||
| |||||||
| |||||||
| 1 | signed under penalty of perjury, of his or her intent to | ||||||
| 2 | title the vehicle in the state in which the purchaser is a | ||||||
| 3 | resident within 30 days after the sale and of the fact of | ||||||
| 4 | the payment to the State of Illinois of tax in an amount | ||||||
| 5 | equivalent to the state's rate of tax on taxable property | ||||||
| 6 | in his or her state of residence and shall submit the | ||||||
| 7 | statement to the appropriate tax collection agency in his | ||||||
| 8 | or her state of residence. In addition, the retailer must | ||||||
| 9 | retain a signed copy of the statement in his or her | ||||||
| 10 | records. Nothing in this item shall be construed to | ||||||
| 11 | require the removal of the vehicle from this state | ||||||
| 12 | following the filing of an intent to title the vehicle in | ||||||
| 13 | the purchaser's state of residence if the purchaser titles | ||||||
| 14 | the vehicle in his or her state of residence within 30 days | ||||||
| 15 | after the date of sale. The tax collected under this Act in | ||||||
| 16 | accordance with this item (25-5) shall be proportionately | ||||||
| 17 | distributed as if the tax were collected at the 6.25% | ||||||
| 18 | general rate imposed under this Act. | ||||||
| 19 | (25-7) Beginning on July 1, 2007, no tax is imposed | ||||||
| 20 | under this Act on the sale of an aircraft, as defined in | ||||||
| 21 | Section 3 of the Illinois Aeronautics Act, if all of the | ||||||
| 22 | following conditions are met: | ||||||
| 23 | (1) the aircraft leaves this State within 15 days | ||||||
| 24 | after the later of either the issuance of the final | ||||||
| 25 | billing for the sale of the aircraft, or the | ||||||
| 26 | authorized approval for return to service, completion | ||||||
| |||||||
| |||||||
| 1 | of the maintenance record entry, and completion of the | ||||||
| 2 | test flight and ground test for inspection, as | ||||||
| 3 | required by 14 CFR 91.407; | ||||||
| 4 | (2) the aircraft is not based or registered in | ||||||
| 5 | this State after the sale of the aircraft; and | ||||||
| 6 | (3) the seller retains in his or her books and | ||||||
| 7 | records and provides to the Department a signed and | ||||||
| 8 | dated certification from the purchaser, on a form | ||||||
| 9 | prescribed by the Department, certifying that the | ||||||
| 10 | requirements of this item (25-7) are met. The | ||||||
| 11 | certificate must also include the name and address of | ||||||
| 12 | the purchaser, the address of the location where the | ||||||
| 13 | aircraft is to be titled or registered, the address of | ||||||
| 14 | the primary physical location of the aircraft, and | ||||||
| 15 | other information that the Department may reasonably | ||||||
| 16 | require. | ||||||
| 17 | For purposes of this item (25-7): | ||||||
| 18 | "Based in this State" means hangared, stored, or | ||||||
| 19 | otherwise used, excluding post-sale customizations as | ||||||
| 20 | defined in this Section, for 10 or more days in each | ||||||
| 21 | 12-month period immediately following the date of the sale | ||||||
| 22 | of the aircraft. | ||||||
| 23 | "Registered in this State" means an aircraft | ||||||
| 24 | registered with the Department of Transportation, | ||||||
| 25 | Aeronautics Division, or titled or registered with the | ||||||
| 26 | Federal Aviation Administration to an address located in | ||||||
| |||||||
| |||||||
| 1 | this State. | ||||||
| 2 | This paragraph (25-7) is exempt from the provisions of | ||||||
| 3 | Section 2-70. | ||||||
| 4 | (26) Semen used for artificial insemination of | ||||||
| 5 | livestock for direct agricultural production. | ||||||
| 6 | (27) Horses, or interests in horses, registered with | ||||||
| 7 | and meeting the requirements of any of the Arabian Horse | ||||||
| 8 | Club Registry of America, Appaloosa Horse Club, American | ||||||
| 9 | Quarter Horse Association, United States Trotting | ||||||
| 10 | Association, or Jockey Club, as appropriate, used for | ||||||
| 11 | purposes of breeding or racing for prizes. This item (27) | ||||||
| 12 | is exempt from the provisions of Section 2-70, and the | ||||||
| 13 | exemption provided for under this item (27) applies for | ||||||
| 14 | all periods beginning May 30, 1995, but no claim for | ||||||
| 15 | credit or refund is allowed on or after January 1, 2008 | ||||||
| 16 | (the effective date of Public Act 95-88) for such taxes | ||||||
| 17 | paid during the period beginning May 30, 2000 and ending | ||||||
| 18 | on January 1, 2008 (the effective date of Public Act | ||||||
| 19 | 95-88). | ||||||
| 20 | (28) Computers and communications equipment utilized | ||||||
| 21 | for any hospital purpose and equipment used in the | ||||||
| 22 | diagnosis, analysis, or treatment of hospital patients | ||||||
| 23 | sold to a lessor who leases the equipment, under a lease of | ||||||
| 24 | one year or longer executed or in effect at the time of the | ||||||
| 25 | purchase, to a hospital that has been issued an active tax | ||||||
| 26 | exemption identification number by the Department under | ||||||
| |||||||
| |||||||
| 1 | Section 1g of this Act. | ||||||
| 2 | (29) Personal property sold to a lessor who leases the | ||||||
| 3 | property, under a lease of one year or longer executed or | ||||||
| 4 | in effect at the time of the purchase, to a governmental | ||||||
| 5 | body that has been issued an active tax exemption | ||||||
| 6 | identification number by the Department under Section 1g | ||||||
| 7 | of this Act. | ||||||
| 8 | (30) Beginning with taxable years ending on or after | ||||||
| 9 | December 31, 1995 and ending with taxable years ending on | ||||||
| 10 | or before December 31, 2004, personal property that is | ||||||
| 11 | donated for disaster relief to be used in a State or | ||||||
| 12 | federally declared disaster area in Illinois or bordering | ||||||
| 13 | Illinois by a manufacturer or retailer that is registered | ||||||
| 14 | in this State to a corporation, society, association, | ||||||
| 15 | foundation, or institution that has been issued a sales | ||||||
| 16 | tax exemption identification number by the Department that | ||||||
| 17 | assists victims of the disaster who reside within the | ||||||
| 18 | declared disaster area. | ||||||
| 19 | (31) Beginning with taxable years ending on or after | ||||||
| 20 | December 31, 1995 and ending with taxable years ending on | ||||||
| 21 | or before December 31, 2004, personal property that is | ||||||
| 22 | used in the performance of infrastructure repairs in this | ||||||
| 23 | State, including, but not limited to, municipal roads and | ||||||
| 24 | streets, access roads, bridges, sidewalks, waste disposal | ||||||
| 25 | systems, water and sewer line extensions, water | ||||||
| 26 | distribution and purification facilities, storm water | ||||||
| |||||||
| |||||||
| 1 | drainage and retention facilities, and sewage treatment | ||||||
| 2 | facilities, resulting from a State or federally declared | ||||||
| 3 | disaster in Illinois or bordering Illinois when such | ||||||
| 4 | repairs are initiated on facilities located in the | ||||||
| 5 | declared disaster area within 6 months after the disaster. | ||||||
| 6 | (32) Beginning July 1, 1999, game or game birds sold | ||||||
| 7 | at a "game breeding and hunting preserve area" as that | ||||||
| 8 | term is used in the Wildlife Code. This paragraph is | ||||||
| 9 | exempt from the provisions of Section 2-70. | ||||||
| 10 | (33) A motor vehicle, as that term is defined in | ||||||
| 11 | Section 1-146 of the Illinois Vehicle Code, that is | ||||||
| 12 | donated to a corporation, limited liability company, | ||||||
| 13 | society, association, foundation, or institution that is | ||||||
| 14 | determined by the Department to be organized and operated | ||||||
| 15 | exclusively for educational purposes. For purposes of this | ||||||
| 16 | exemption, "a corporation, limited liability company, | ||||||
| 17 | society, association, foundation, or institution organized | ||||||
| 18 | and operated exclusively for educational purposes" means | ||||||
| 19 | all tax-supported public schools, private schools that | ||||||
| 20 | offer systematic instruction in useful branches of | ||||||
| 21 | learning by methods common to public schools and that | ||||||
| 22 | compare favorably in their scope and intensity with the | ||||||
| 23 | course of study presented in tax-supported schools, and | ||||||
| 24 | vocational or technical schools or institutes organized | ||||||
| 25 | and operated exclusively to provide a course of study of | ||||||
| 26 | not less than 6 weeks duration and designed to prepare | ||||||
| |||||||
| |||||||
| 1 | individuals to follow a trade or to pursue a manual, | ||||||
| 2 | technical, mechanical, industrial, business, or commercial | ||||||
| 3 | occupation. | ||||||
| 4 | (34) Beginning January 1, 2000, personal property, | ||||||
| 5 | including food, purchased through fundraising events for | ||||||
| 6 | the benefit of a public or private elementary or secondary | ||||||
| 7 | school, a group of those schools, or one or more school | ||||||
| 8 | districts if the events are sponsored by an entity | ||||||
| 9 | recognized by the school district that consists primarily | ||||||
| 10 | of volunteers and includes parents and teachers of the | ||||||
| 11 | school children. This paragraph does not apply to | ||||||
| 12 | fundraising events (i) for the benefit of private home | ||||||
| 13 | instruction or (ii) for which the fundraising entity | ||||||
| 14 | purchases the personal property sold at the events from | ||||||
| 15 | another individual or entity that sold the property for | ||||||
| 16 | the purpose of resale by the fundraising entity and that | ||||||
| 17 | profits from the sale to the fundraising entity. This | ||||||
| 18 | paragraph is exempt from the provisions of Section 2-70. | ||||||
| 19 | (35) Beginning January 1, 2000 and through December | ||||||
| 20 | 31, 2001, new or used automatic vending machines that | ||||||
| 21 | prepare and serve hot food and beverages, including | ||||||
| 22 | coffee, soup, and other items, and replacement parts for | ||||||
| 23 | these machines. Beginning January 1, 2002 and through June | ||||||
| 24 | 30, 2003, machines and parts for machines used in | ||||||
| 25 | commercial, coin-operated amusement and vending business | ||||||
| 26 | if a use or occupation tax is paid on the gross receipts | ||||||
| |||||||
| |||||||
| 1 | derived from the use of the commercial, coin-operated | ||||||
| 2 | amusement and vending machines. This paragraph is exempt | ||||||
| 3 | from the provisions of Section 2-70. | ||||||
| 4 | (35-5) Beginning August 23, 2001 and through June 30, | ||||||
| 5 | 2016, food for human consumption that is to be consumed | ||||||
| 6 | off the premises where it is sold (other than alcoholic | ||||||
| 7 | beverages, soft drinks, and food that has been prepared | ||||||
| 8 | for immediate consumption) and prescription and | ||||||
| 9 | nonprescription medicines, drugs, medical appliances, and | ||||||
| 10 | insulin, urine testing materials, syringes, and needles | ||||||
| 11 | used by diabetics, for human use, when purchased for use | ||||||
| 12 | by a person receiving medical assistance under Article V | ||||||
| 13 | of the Illinois Public Aid Code who resides in a licensed | ||||||
| 14 | long-term care facility, as defined in the Nursing Home | ||||||
| 15 | Care Act, or a licensed facility as defined in the ID/DD | ||||||
| 16 | Community Care Act, the MC/DD Act, or the Specialized | ||||||
| 17 | Mental Health Rehabilitation Act of 2013. | ||||||
| 18 | (36) Beginning August 2, 2001, computers and | ||||||
| 19 | communications equipment utilized for any hospital purpose | ||||||
| 20 | and equipment used in the diagnosis, analysis, or | ||||||
| 21 | treatment of hospital patients sold to a lessor who leases | ||||||
| 22 | the equipment, under a lease of one year or longer | ||||||
| 23 | executed or in effect at the time of the purchase, to a | ||||||
| 24 | hospital that has been issued an active tax exemption | ||||||
| 25 | identification number by the Department under Section 1g | ||||||
| 26 | of this Act. This paragraph is exempt from the provisions | ||||||
| |||||||
| |||||||
| 1 | of Section 2-70. | ||||||
| 2 | (37) Beginning August 2, 2001, personal property sold | ||||||
| 3 | to a lessor who leases the property, under a lease of one | ||||||
| 4 | year or longer executed or in effect at the time of the | ||||||
| 5 | purchase, to a governmental body that has been issued an | ||||||
| 6 | active tax exemption identification number by the | ||||||
| 7 | Department under Section 1g of this Act. This paragraph is | ||||||
| 8 | exempt from the provisions of Section 2-70. | ||||||
| 9 | (38) Beginning on January 1, 2002 and through June 30, | ||||||
| 10 | 2016, tangible personal property purchased from an | ||||||
| 11 | Illinois retailer by a taxpayer engaged in centralized | ||||||
| 12 | purchasing activities in Illinois who will, upon receipt | ||||||
| 13 | of the property in Illinois, temporarily store the | ||||||
| 14 | property in Illinois (i) for the purpose of subsequently | ||||||
| 15 | transporting it outside this State for use or consumption | ||||||
| 16 | thereafter solely outside this State or (ii) for the | ||||||
| 17 | purpose of being processed, fabricated, or manufactured | ||||||
| 18 | into, attached to, or incorporated into other tangible | ||||||
| 19 | personal property to be transported outside this State and | ||||||
| 20 | thereafter used or consumed solely outside this State. The | ||||||
| 21 | Director of Revenue shall, pursuant to rules adopted in | ||||||
| 22 | accordance with the Illinois Administrative Procedure Act, | ||||||
| 23 | issue a permit to any taxpayer in good standing with the | ||||||
| 24 | Department who is eligible for the exemption under this | ||||||
| 25 | paragraph (38). The permit issued under this paragraph | ||||||
| 26 | (38) shall authorize the holder, to the extent and in the | ||||||
| |||||||
| |||||||
| 1 | manner specified in the rules adopted under this Act, to | ||||||
| 2 | purchase tangible personal property from a retailer exempt | ||||||
| 3 | from the taxes imposed by this Act. Taxpayers shall | ||||||
| 4 | maintain all necessary books and records to substantiate | ||||||
| 5 | the use and consumption of all such tangible personal | ||||||
| 6 | property outside of the State of Illinois. | ||||||
| 7 | (39) Beginning January 1, 2008, tangible personal | ||||||
| 8 | property used in the construction or maintenance of a | ||||||
| 9 | community water supply, as defined under Section 3.145 of | ||||||
| 10 | the Environmental Protection Act, that is operated by a | ||||||
| 11 | not-for-profit corporation that holds a valid water supply | ||||||
| 12 | permit issued under Title IV of the Environmental | ||||||
| 13 | Protection Act. This paragraph is exempt from the | ||||||
| 14 | provisions of Section 2-70. | ||||||
| 15 | (40) Beginning January 1, 2010 and continuing through | ||||||
| 16 | December 31, 2029, materials, parts, equipment, | ||||||
| 17 | components, and furnishings incorporated into or upon an | ||||||
| 18 | aircraft as part of the modification, refurbishment, | ||||||
| 19 | completion, replacement, repair, or maintenance of the | ||||||
| 20 | aircraft. This exemption includes consumable supplies used | ||||||
| 21 | in the modification, refurbishment, completion, | ||||||
| 22 | replacement, repair, and maintenance of aircraft. However, | ||||||
| 23 | until January 1, 2024, this exemption excludes any | ||||||
| 24 | materials, parts, equipment, components, and consumable | ||||||
| 25 | supplies used in the modification, replacement, repair, | ||||||
| 26 | and maintenance of aircraft engines or power plants, | ||||||
| |||||||
| |||||||
| 1 | whether such engines or power plants are installed or | ||||||
| 2 | uninstalled upon any such aircraft. "Consumable supplies" | ||||||
| 3 | include, but are not limited to, adhesive, tape, | ||||||
| 4 | sandpaper, general purpose lubricants, cleaning solution, | ||||||
| 5 | latex gloves, and protective films. | ||||||
| 6 | Beginning January 1, 2010 and continuing through | ||||||
| 7 | December 31, 2023, this exemption applies only to the sale | ||||||
| 8 | of qualifying tangible personal property to persons who | ||||||
| 9 | modify, refurbish, complete, replace, or maintain an | ||||||
| 10 | aircraft and who (i) hold an Air Agency Certificate and | ||||||
| 11 | are empowered to operate an approved repair station by the | ||||||
| 12 | Federal Aviation Administration, (ii) have a Class IV | ||||||
| 13 | Rating, and (iii) conduct operations in accordance with | ||||||
| 14 | Part 145 of the Federal Aviation Regulations. The | ||||||
| 15 | exemption does not include aircraft operated by a | ||||||
| 16 | commercial air carrier providing scheduled passenger air | ||||||
| 17 | service pursuant to authority issued under Part 121 or | ||||||
| 18 | Part 129 of the Federal Aviation Regulations. From January | ||||||
| 19 | 1, 2024 through December 31, 2029, this exemption applies | ||||||
| 20 | only to the sale of qualifying tangible personal property | ||||||
| 21 | to: (A) persons who modify, refurbish, complete, repair, | ||||||
| 22 | replace, or maintain aircraft and who (i) hold an Air | ||||||
| 23 | Agency Certificate and are empowered to operate an | ||||||
| 24 | approved repair station by the Federal Aviation | ||||||
| 25 | Administration, (ii) have a Class IV Rating, and (iii) | ||||||
| 26 | conduct operations in accordance with Part 145 of the | ||||||
| |||||||
| |||||||
| 1 | Federal Aviation Regulations; and (B) persons who engage | ||||||
| 2 | in the modification, replacement, repair, and maintenance | ||||||
| 3 | of aircraft engines or power plants without regard to | ||||||
| 4 | whether or not those persons meet the qualifications of | ||||||
| 5 | item (A). | ||||||
| 6 | The changes made to this paragraph (40) by Public Act | ||||||
| 7 | 98-534 are declarative of existing law. It is the intent | ||||||
| 8 | of the General Assembly that the exemption under this | ||||||
| 9 | paragraph (40) applies continuously from January 1, 2010 | ||||||
| 10 | through December 31, 2024; however, no claim for credit or | ||||||
| 11 | refund is allowed for taxes paid as a result of the | ||||||
| 12 | disallowance of this exemption on or after January 1, 2015 | ||||||
| 13 | and prior to February 5, 2020 (the effective date of | ||||||
| 14 | Public Act 101-629). | ||||||
| 15 | (41) Tangible personal property sold to a | ||||||
| 16 | public-facilities corporation, as described in Section | ||||||
| 17 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 18 | constructing or furnishing a municipal convention hall, | ||||||
| 19 | but only if the legal title to the municipal convention | ||||||
| 20 | hall is transferred to the municipality without any | ||||||
| 21 | further consideration by or on behalf of the municipality | ||||||
| 22 | at the time of the completion of the municipal convention | ||||||
| 23 | hall or upon the retirement or redemption of any bonds or | ||||||
| 24 | other debt instruments issued by the public-facilities | ||||||
| 25 | corporation in connection with the development of the | ||||||
| 26 | municipal convention hall. This exemption includes | ||||||
| |||||||
| |||||||
| 1 | existing public-facilities corporations as provided in | ||||||
| 2 | Section 11-65-25 of the Illinois Municipal Code. This | ||||||
| 3 | paragraph is exempt from the provisions of Section 2-70. | ||||||
| 4 | (42) Beginning January 1, 2017 and through December | ||||||
| 5 | 31, 2026, menstrual pads, tampons, and menstrual cups. | ||||||
| 6 | (43) Merchandise that is subject to the Rental | ||||||
| 7 | Purchase Agreement Occupation and Use Tax. The purchaser | ||||||
| 8 | must certify that the item is purchased to be rented | ||||||
| 9 | subject to a rental-purchase agreement, as defined in the | ||||||
| 10 | Rental-Purchase Agreement Act, and provide proof of | ||||||
| 11 | registration under the Rental Purchase Agreement | ||||||
| 12 | Occupation and Use Tax Act. This paragraph is exempt from | ||||||
| 13 | the provisions of Section 2-70. | ||||||
| 14 | (44) Qualified tangible personal property used in the | ||||||
| 15 | construction or operation of a data center that has been | ||||||
| 16 | granted a certificate of exemption by the Department of | ||||||
| 17 | Commerce and Economic Opportunity, whether that tangible | ||||||
| 18 | personal property is purchased by the owner, operator, or | ||||||
| 19 | tenant of the data center or by a contractor or | ||||||
| 20 | subcontractor of the owner, operator, or tenant. Data | ||||||
| 21 | centers that would have qualified for a certificate of | ||||||
| 22 | exemption prior to January 1, 2020 had Public Act 101-31 | ||||||
| 23 | been in effect, may apply for and obtain an exemption for | ||||||
| 24 | subsequent purchases of computer equipment or enabling | ||||||
| 25 | software purchased or leased to upgrade, supplement, or | ||||||
| 26 | replace computer equipment or enabling software purchased | ||||||
| |||||||
| |||||||
| 1 | or leased in the original investment that would have | ||||||
| 2 | qualified. | ||||||
| 3 | The Department of Commerce and Economic Opportunity | ||||||
| 4 | shall grant a certificate of exemption under this item | ||||||
| 5 | (44) to qualified data centers as defined by Section | ||||||
| 6 | 605-1025 of the Department of Commerce and Economic | ||||||
| 7 | Opportunity Law of the Civil Administrative Code of | ||||||
| 8 | Illinois. | ||||||
| 9 | For the purposes of this item (44): | ||||||
| 10 | "Data center" means a building or a series of | ||||||
| 11 | buildings rehabilitated or constructed to house | ||||||
| 12 | working servers in one physical location or multiple | ||||||
| 13 | sites within the State of Illinois. | ||||||
| 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; | ||||||
| 20 | cabinets; telecommunications cabling infrastructure; | ||||||
| 21 | raised floor systems; peripheral components or | ||||||
| 22 | systems; software; mechanical, electrical, or plumbing | ||||||
| 23 | systems; battery systems; cooling systems and towers; | ||||||
| 24 | temperature control systems; other cabling; and other | ||||||
| 25 | data center infrastructure equipment and systems | ||||||
| 26 | necessary to operate qualified tangible personal | ||||||
| |||||||
| |||||||
| 1 | property, including fixtures; and component parts of | ||||||
| 2 | any of the foregoing, including installation, | ||||||
| 3 | maintenance, repair, refurbishment, and replacement of | ||||||
| 4 | qualified tangible personal property to generate, | ||||||
| 5 | transform, transmit, distribute, or manage electricity | ||||||
| 6 | necessary to operate qualified tangible personal | ||||||
| 7 | property; and all other tangible personal property | ||||||
| 8 | that is essential to the operations of a computer data | ||||||
| 9 | center. The term "qualified tangible personal | ||||||
| 10 | property" also includes building materials physically | ||||||
| 11 | incorporated into the qualifying data center. To | ||||||
| 12 | document the exemption allowed under this Section, the | ||||||
| 13 | retailer must obtain from the purchaser a copy of the | ||||||
| 14 | certificate of eligibility issued by the Department of | ||||||
| 15 | Commerce and Economic Opportunity. | ||||||
| 16 | This item (44) is exempt from the provisions of | ||||||
| 17 | Section 2-70. | ||||||
| 18 | (45) Beginning January 1, 2020 and through December | ||||||
| 19 | 31, 2020, sales of tangible personal property made by a | ||||||
| 20 | marketplace seller over a marketplace for which tax is due | ||||||
| 21 | under this Act but for which use tax has been collected and | ||||||
| 22 | remitted to the Department by a marketplace facilitator | ||||||
| 23 | under Section 2d of the Use Tax Act are exempt from tax | ||||||
| 24 | under this Act. A marketplace seller claiming this | ||||||
| 25 | exemption shall maintain books and records demonstrating | ||||||
| 26 | that the use tax on such sales has been collected and | ||||||
| |||||||
| |||||||
| 1 | remitted by a marketplace facilitator. Marketplace sellers | ||||||
| 2 | that have properly remitted tax under this Act on such | ||||||
| 3 | sales may file a claim for credit as provided in Section 6 | ||||||
| 4 | of this Act. No claim is allowed, however, for such taxes | ||||||
| 5 | for which a credit or refund has been issued to the | ||||||
| 6 | marketplace facilitator under the Use Tax Act, or for | ||||||
| 7 | which the marketplace facilitator has filed a claim for | ||||||
| 8 | credit or refund under the Use Tax Act. | ||||||
| 9 | (46) Beginning July 1, 2022, breast pumps, breast pump | ||||||
| 10 | collection and storage supplies, and breast pump kits. | ||||||
| 11 | This item (46) is exempt from the provisions of Section | ||||||
| 12 | 2-70. As used in this item (46): | ||||||
| 13 | "Breast pump" means an electrically controlled or | ||||||
| 14 | manually controlled pump device designed or marketed to be | ||||||
| 15 | used to express milk from a human breast during lactation, | ||||||
| 16 | including the pump device and any battery, AC adapter, or | ||||||
| 17 | other power supply unit that is used to power the pump | ||||||
| 18 | device and is packaged and sold with the pump device at the | ||||||
| 19 | time of sale. | ||||||
| 20 | "Breast pump collection and storage supplies" means | ||||||
| 21 | items of tangible personal property designed or marketed | ||||||
| 22 | to be used in conjunction with a breast pump to collect | ||||||
| 23 | milk expressed from a human breast and to store collected | ||||||
| 24 | milk until it is ready for consumption. | ||||||
| 25 | "Breast pump collection and storage supplies" | ||||||
| 26 | includes, but is not limited to: breast shields and breast | ||||||
| |||||||
| |||||||
| 1 | shield connectors; breast pump tubes and tubing adapters; | ||||||
| 2 | breast pump valves and membranes; backflow protectors and | ||||||
| 3 | backflow protector adaptors; bottles and bottle caps | ||||||
| 4 | specific to the operation of the breast pump; and breast | ||||||
| 5 | milk storage bags. | ||||||
| 6 | "Breast pump collection and storage supplies" does not | ||||||
| 7 | include: (1) bottles and bottle caps not specific to the | ||||||
| 8 | operation of the breast pump; (2) breast pump travel bags | ||||||
| 9 | and other similar carrying accessories, including ice | ||||||
| 10 | packs, labels, and other similar products; (3) breast pump | ||||||
| 11 | cleaning supplies; (4) nursing bras, bra pads, breast | ||||||
| 12 | shells, and other similar products; and (5) creams, | ||||||
| 13 | ointments, and other similar products that relieve | ||||||
| 14 | breastfeeding-related symptoms or conditions of the | ||||||
| 15 | breasts or nipples, unless sold as part of a breast pump | ||||||
| 16 | kit that is pre-packaged by the breast pump manufacturer | ||||||
| 17 | or distributor. | ||||||
| 18 | "Breast pump kit" means a kit that: (1) contains no | ||||||
| 19 | more than a breast pump, breast pump collection and | ||||||
| 20 | storage supplies, a rechargeable battery for operating the | ||||||
| 21 | breast pump, a breastmilk cooler, bottle stands, ice | ||||||
| 22 | packs, and a breast pump carrying case; and (2) is | ||||||
| 23 | pre-packaged as a breast pump kit by the breast pump | ||||||
| 24 | manufacturer or distributor. | ||||||
| 25 | (47) Tangible personal property sold by or on behalf | ||||||
| 26 | of the State Treasurer pursuant to the Revised Uniform | ||||||
| |||||||
| |||||||
| 1 | Unclaimed Property Act. This item (47) is exempt from the | ||||||
| 2 | provisions of Section 2-70. | ||||||
| 3 | (48) Beginning on January 1, 2024, tangible personal | ||||||
| 4 | property purchased by an active duty member of the armed | ||||||
| 5 | forces of the United States who presents valid military | ||||||
| 6 | identification and purchases the property using a form of | ||||||
| 7 | payment where the federal government is the payor. The | ||||||
| 8 | member of the armed forces must complete, at the point of | ||||||
| 9 | sale, a form prescribed by the Department of Revenue | ||||||
| 10 | documenting that the transaction is eligible for the | ||||||
| 11 | exemption under this paragraph. Retailers must keep the | ||||||
| 12 | form as documentation of the exemption in their records | ||||||
| 13 | for a period of not less than 6 years. "Armed forces of the | ||||||
| 14 | United States" means the United States Army, Navy, Air | ||||||
| 15 | Force, Space Force, Marine Corps, or Coast Guard. This | ||||||
| 16 | paragraph is exempt from the provisions of Section 2-70. | ||||||
| 17 | (49) Beginning July 1, 2024, home-delivered meals | ||||||
| 18 | provided to Medicare or Medicaid recipients when payment | ||||||
| 19 | is made by an intermediary, such as a Medicare | ||||||
| 20 | Administrative Contractor, a Managed Care Organization, or | ||||||
| 21 | a Medicare Advantage Organization, pursuant to a | ||||||
| 22 | government contract. This paragraph (49) is exempt from | ||||||
| 23 | the provisions of Section 2-70. | ||||||
| 24 | (50) (49) Beginning on January 1, 2026, as further | ||||||
| 25 | defined in Section 2-10, food for human consumption that | ||||||
| 26 | is to be consumed off the premises where it is sold (other | ||||||
| |||||||
| |||||||
| 1 | than alcoholic beverages, food consisting of or infused | ||||||
| 2 | with adult use cannabis, soft drinks, candy, and food that | ||||||
| 3 | has been prepared for immediate consumption). This item | ||||||
| 4 | (50) (49) is exempt from the provisions of Section 2-70. | ||||||
| 5 | (51) (49) Gross receipts from the lease of the | ||||||
| 6 | following tangible personal property: | ||||||
| 7 | (1) computer software transferred subject to a | ||||||
| 8 | license that meets the following requirements: | ||||||
| 9 | (A) it is evidenced by a written agreement | ||||||
| 10 | signed by the licensor and the customer; | ||||||
| 11 | (i) an electronic agreement in which the | ||||||
| 12 | customer accepts the license by means of an | ||||||
| 13 | electronic signature that is verifiable and | ||||||
| 14 | can be authenticated and is attached to or | ||||||
| 15 | made part of the license will comply with this | ||||||
| 16 | requirement; | ||||||
| 17 | (ii) a license agreement in which the | ||||||
| 18 | customer electronically accepts the terms by | ||||||
| 19 | clicking "I agree" does not comply with this | ||||||
| 20 | requirement; | ||||||
| 21 | (B) it restricts the customer's duplication | ||||||
| 22 | and use of the software; | ||||||
| 23 | (C) it prohibits the customer from licensing, | ||||||
| 24 | sublicensing, or transferring the software to a | ||||||
| 25 | third party (except to a related party) without | ||||||
| 26 | the permission and continued control of the | ||||||
| |||||||
| |||||||
| 1 | licensor; | ||||||
| 2 | (D) the licensor has a policy of providing | ||||||
| 3 | another copy at minimal or no charge if the | ||||||
| 4 | customer loses or damages the software, or of | ||||||
| 5 | permitting the licensee to make and keep an | ||||||
| 6 | archival copy, and such policy is either stated in | ||||||
| 7 | the license agreement, supported by the licensor's | ||||||
| 8 | books and records, or supported by a notarized | ||||||
| 9 | statement made under penalties of perjury by the | ||||||
| 10 | licensor; and | ||||||
| 11 | (E) the customer must destroy or return all | ||||||
| 12 | copies of the software to the licensor at the end | ||||||
| 13 | of the license period; this provision is deemed to | ||||||
| 14 | be met, in the case of a perpetual license, | ||||||
| 15 | without being set forth in the license agreement; | ||||||
| 16 | and | ||||||
| 17 | (2) property that is subject to a tax on lease | ||||||
| 18 | receipts imposed by a home rule unit of local | ||||||
| 19 | government if the ordinance imposing that tax was | ||||||
| 20 | adopted prior to January 1, 2023. | ||||||
| 21 | (Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21; | ||||||
| 22 | 102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700, | ||||||
| 23 | Article 75, Section 75-20, eff. 4-19-22; 102-813, eff. | ||||||
| 24 | 5-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section | ||||||
| 25 | 5-20, eff. 6-7-23; 103-9, Article 15, Section 15-20, eff. | ||||||
| 26 | 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; 103-592, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-25; 103-605, eff. 7-1-24; 103-643, eff. 7-1-24; | ||||||
| 2 | 103-746, eff. 1-1-25; 103-781, eff. 8-5-24; 103-995, eff. | ||||||
| 3 | 8-9-24; revised 11-26-24.)
| ||||||
| 4 | (35 ILCS 120/2-10) from Ch. 120, par. 441-10 | ||||||
| 5 | Sec. 2-10. Rate of tax. Unless otherwise provided in this | ||||||
| 6 | Section, the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 7 | gross receipts from sales, which, on and after January 1, | ||||||
| 8 | 2025, includes leases, of tangible personal property made in | ||||||
| 9 | the course of business. | ||||||
| 10 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 11 | with respect to motor fuel, as defined in Section 1.1 of the | ||||||
| 12 | Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of | ||||||
| 13 | the Use Tax Act, the tax is imposed at the rate of 1.25%. | ||||||
| 14 | Beginning on August 6, 2010 through August 15, 2010, and | ||||||
| 15 | beginning again on August 5, 2022 through August 14, 2022, | ||||||
| 16 | with respect to sales tax holiday items as defined in Section | ||||||
| 17 | 2-8 of this Act, the tax is imposed at the rate of 1.25%. | ||||||
| 18 | Within 14 days after July 1, 2000 (the effective date of | ||||||
| 19 | Public Act 91-872), each retailer of motor fuel and gasohol | ||||||
| 20 | shall cause the following notice to be posted in a prominently | ||||||
| 21 | visible place on each retail dispensing device that is used to | ||||||
| 22 | dispense motor fuel or gasohol in the State of Illinois: "As of | ||||||
| 23 | July 1, 2000, the State of Illinois has eliminated the State's | ||||||
| 24 | share of sales tax on motor fuel and gasohol through December | ||||||
| 25 | 31, 2000. The price on this pump should reflect the | ||||||
| |||||||
| |||||||
| 1 | elimination of the tax." The notice shall be printed in bold | ||||||
| 2 | print on a sign that is no smaller than 4 inches by 8 inches. | ||||||
| 3 | The sign shall be clearly visible to customers. Any retailer | ||||||
| 4 | who fails to post or maintain a required sign through December | ||||||
| 5 | 31, 2000 is guilty of a petty offense for which the fine shall | ||||||
| 6 | be $500 per day per each retail premises where a violation | ||||||
| 7 | occurs. | ||||||
| 8 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 9 | tax imposed by this Act applies to (i) 70% of the proceeds of | ||||||
| 10 | sales made on or after January 1, 1990, and before July 1, | ||||||
| 11 | 2003, (ii) 80% of the proceeds of sales made on or after July | ||||||
| 12 | 1, 2003 and on or before July 1, 2017, (iii) 100% of the | ||||||
| 13 | proceeds of sales made after July 1, 2017 and prior to January | ||||||
| 14 | 1, 2024, (iv) 90% of the proceeds of sales made on or after | ||||||
| 15 | January 1, 2024 and on or before December 31, 2028, and (v) | ||||||
| 16 | 100% of the proceeds of sales made after December 31, 2028. If, | ||||||
| 17 | at any time, however, the tax under this Act on sales of | ||||||
| 18 | gasohol, as defined in the Use Tax Act, is imposed at the rate | ||||||
| 19 | of 1.25%, then the tax imposed by this Act applies to 100% of | ||||||
| 20 | the proceeds of sales of gasohol made during that time. | ||||||
| 21 | With respect to mid-range ethanol blends, as defined in | ||||||
| 22 | Section 3-44.3 of the Use Tax Act, the tax imposed by this Act | ||||||
| 23 | applies to (i) 80% of the proceeds of sales made on or after | ||||||
| 24 | January 1, 2024 and on or before December 31, 2028 and (ii) | ||||||
| 25 | 100% of the proceeds of sales made after December 31, 2028. If, | ||||||
| 26 | at any time, however, the tax under this Act on sales of | ||||||
| |||||||
| |||||||
| 1 | mid-range ethanol blends is imposed at the rate of 1.25%, then | ||||||
| 2 | the tax imposed by this Act applies to 100% of the proceeds of | ||||||
| 3 | sales of mid-range ethanol blends made during that time. | ||||||
| 4 | With respect to majority blended ethanol fuel, as defined | ||||||
| 5 | in the Use Tax Act, the tax imposed by this Act does not apply | ||||||
| 6 | to the proceeds of sales made on or after July 1, 2003 and on | ||||||
| 7 | or before December 31, 2028 but applies to 100% of the proceeds | ||||||
| 8 | of sales made thereafter. | ||||||
| 9 | With respect to biodiesel blends, as defined in the Use | ||||||
| 10 | Tax Act, with no less than 1% and no more than 10% biodiesel, | ||||||
| 11 | the tax imposed by this Act applies to (i) 80% of the proceeds | ||||||
| 12 | of sales made on or after July 1, 2003 and on or before | ||||||
| 13 | December 31, 2018 and (ii) 100% of the proceeds of sales made | ||||||
| 14 | after December 31, 2018 and before January 1, 2024. On and | ||||||
| 15 | after January 1, 2024 and on or before December 31, 2030, the | ||||||
| 16 | taxation of biodiesel, renewable diesel, and biodiesel blends | ||||||
| 17 | shall be as provided in Section 3-5.1 of the Use Tax Act. If, | ||||||
| 18 | at any time, however, the tax under this Act on sales of | ||||||
| 19 | biodiesel blends, as defined in the Use Tax Act, with no less | ||||||
| 20 | than 1% and no more than 10% biodiesel is imposed at the rate | ||||||
| 21 | of 1.25%, then the tax imposed by this Act applies to 100% of | ||||||
| 22 | the proceeds of sales of biodiesel blends with no less than 1% | ||||||
| 23 | and no more than 10% biodiesel made during that time. | ||||||
| 24 | With respect to biodiesel, as defined in the Use Tax Act, | ||||||
| 25 | and biodiesel blends, as defined in the Use Tax Act, with more | ||||||
| 26 | than 10% but no more than 99% biodiesel, the tax imposed by | ||||||
| |||||||
| |||||||
| 1 | this Act does not apply to the proceeds of sales made on or | ||||||
| 2 | after July 1, 2003 and on or before December 31, 2023. On and | ||||||
| 3 | after January 1, 2024 and on or before December 31, 2030, the | ||||||
| 4 | taxation of biodiesel, renewable diesel, and biodiesel blends | ||||||
| 5 | shall be as provided in Section 3-5.1 of the Use Tax Act. | ||||||
| 6 | Until July 1, 2022 and from July 1, 2023 through December | ||||||
| 7 | 31, 2025, with respect to food for human consumption that is to | ||||||
| 8 | be consumed off the premises where it is sold (other than | ||||||
| 9 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 10 | use cannabis, soft drinks, and food that has been prepared for | ||||||
| 11 | immediate consumption), the tax is imposed at the rate of 1%. | ||||||
| 12 | Beginning July 1, 2022 and until July 1, 2023, with respect to | ||||||
| 13 | food for human consumption that is to be consumed off the | ||||||
| 14 | premises where it is sold (other than alcoholic beverages, | ||||||
| 15 | food consisting of or infused with adult use cannabis, soft | ||||||
| 16 | drinks, and food that has been prepared for immediate | ||||||
| 17 | consumption), the tax is imposed at the rate of 0%. On and | ||||||
| 18 | after January 1, 2026, food for human consumption that is to be | ||||||
| 19 | consumed off the premises where it is sold (other than | ||||||
| 20 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 21 | use cannabis, soft drinks, candy, and food that has been | ||||||
| 22 | prepared for immediate consumption) is exempt from the tax | ||||||
| 23 | imposed by this Act. | ||||||
| 24 | With respect to prescription and nonprescription | ||||||
| 25 | medicines, drugs, medical appliances, products classified as | ||||||
| 26 | Class III medical devices by the United States Food and Drug | ||||||
| |||||||
| |||||||
| 1 | Administration that are used for cancer treatment pursuant to | ||||||
| 2 | a prescription, as well as any accessories and components | ||||||
| 3 | related to those devices, modifications to a motor vehicle for | ||||||
| 4 | the purpose of rendering it usable by a person with a | ||||||
| 5 | disability, and insulin, blood sugar testing materials, | ||||||
| 6 | syringes, and needles used by human diabetics, the tax is | ||||||
| 7 | imposed at the rate of 1%. For the purposes of this Section, | ||||||
| 8 | until September 1, 2009: the term "soft drinks" means any | ||||||
| 9 | complete, finished, ready-to-use, non-alcoholic drink, whether | ||||||
| 10 | carbonated or not, including, but not limited to, soda water, | ||||||
| 11 | cola, fruit juice, vegetable juice, carbonated water, and all | ||||||
| 12 | other preparations commonly known as soft drinks of whatever | ||||||
| 13 | kind or description that are contained in any closed or sealed | ||||||
| 14 | bottle, can, carton, or container, regardless of size; but | ||||||
| 15 | "soft drinks" does not include coffee, tea, non-carbonated | ||||||
| 16 | water, infant formula, milk or milk products as defined in the | ||||||
| 17 | Grade A Pasteurized Milk and Milk Products Act, or drinks | ||||||
| 18 | containing 50% or more natural fruit or vegetable juice. | ||||||
| 19 | Notwithstanding any other provisions of this Act, | ||||||
| 20 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 21 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 22 | drinks" does not include beverages that contain milk or milk | ||||||
| 23 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 24 | than 50% of vegetable or fruit juice by volume. | ||||||
| 25 | Until August 1, 2009, and notwithstanding any other | ||||||
| 26 | provisions of this Act, "food for human consumption that is to | ||||||
| |||||||
| |||||||
| 1 | be consumed off the premises where it is sold" includes all | ||||||
| 2 | food sold through a vending machine, except soft drinks and | ||||||
| 3 | food products that are dispensed hot from a vending machine, | ||||||
| 4 | regardless of the location of the vending machine. Beginning | ||||||
| 5 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 6 | this Act, "food for human consumption that is to be consumed | ||||||
| 7 | off the premises where it is sold" includes all food sold | ||||||
| 8 | through a vending machine, except soft drinks, candy, and food | ||||||
| 9 | products that are dispensed hot from a vending machine, | ||||||
| 10 | regardless of the location of the vending machine. | ||||||
| 11 | Notwithstanding any other provisions of this Act, | ||||||
| 12 | beginning September 1, 2009, "food for human consumption that | ||||||
| 13 | is to be consumed off the premises where it is sold" does not | ||||||
| 14 | include candy. For purposes of this Section, "candy" means a | ||||||
| 15 | preparation of sugar, honey, or other natural or artificial | ||||||
| 16 | sweeteners in combination with chocolate, fruits, nuts or | ||||||
| 17 | other ingredients or flavorings in the form of bars, drops, or | ||||||
| 18 | pieces. "Candy" does not include any preparation that contains | ||||||
| 19 | flour or requires refrigeration. | ||||||
| 20 | Notwithstanding any other provisions of this Act, | ||||||
| 21 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 22 | drugs" does not include grooming and hygiene products. For | ||||||
| 23 | purposes of this Section, "grooming and hygiene products" | ||||||
| 24 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 25 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 26 | lotions and screens, unless those products are available by | ||||||
| |||||||
| |||||||
| 1 | prescription only, regardless of whether the products meet the | ||||||
| 2 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 3 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 4 | use that contains a label that identifies the product as a drug | ||||||
| 5 | as required by 21 CFR 201.66. The "over-the-counter-drug" | ||||||
| 6 | label includes: | ||||||
| 7 | (A) a "Drug Facts" panel; or | ||||||
| 8 | (B) a statement of the "active ingredient(s)" with a | ||||||
| 9 | list of those ingredients contained in the compound, | ||||||
| 10 | substance or preparation. | ||||||
| 11 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 12 | Act 98-122), "prescription and nonprescription medicines and | ||||||
| 13 | drugs" includes medical cannabis purchased from a registered | ||||||
| 14 | dispensing organization under the Compassionate Use of Medical | ||||||
| 15 | Cannabis Program Act. | ||||||
| 16 | As used in this Section, "adult use cannabis" means | ||||||
| 17 | cannabis subject to tax under the Cannabis Cultivation | ||||||
| 18 | Privilege Tax Law and the Cannabis Purchaser Excise Tax Law | ||||||
| 19 | and does not include cannabis subject to tax under the | ||||||
| 20 | Compassionate Use of Medical Cannabis Program Act. | ||||||
| 21 | (Source: P.A. 102-4, eff. 4-27-21; 102-700, Article 20, | ||||||
| 22 | Section 20-20, eff. 4-19-22; 102-700, Article 60, Section | ||||||
| 23 | 60-30, eff. 4-19-22; 102-700, Article 65, Section 65-10, eff. | ||||||
| 24 | 4-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592, | ||||||
| 25 | eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 120/2-12) | ||||||
| 2 | Sec. 2-12. Location where retailer is deemed to be engaged | ||||||
| 3 | in the business of selling. The purpose of this Section is to | ||||||
| 4 | specify where a retailer is deemed to be engaged in the | ||||||
| 5 | business of selling tangible personal property for the | ||||||
| 6 | purposes of this Act, the Use Tax Act, the Service Use Tax Act, | ||||||
| 7 | and the Service Occupation Tax Act, and for the purpose of | ||||||
| 8 | collecting any other local retailers' occupation tax | ||||||
| 9 | administered by the Department. This Section applies only with | ||||||
| 10 | respect to the particular selling activities described in the | ||||||
| 11 | following paragraphs. The provisions of this Section are not | ||||||
| 12 | intended to, and shall not be interpreted to, affect where a | ||||||
| 13 | retailer is deemed to be engaged in the business of selling | ||||||
| 14 | with respect to any activity that is not specifically | ||||||
| 15 | described in the following paragraphs. | ||||||
| 16 | (1) If a purchaser who is present at the retailer's | ||||||
| 17 | place of business, having no prior commitment to the | ||||||
| 18 | retailer, agrees to purchase and makes payment for | ||||||
| 19 | tangible personal property at the retailer's place of | ||||||
| 20 | business, then the transaction shall be deemed an | ||||||
| 21 | over-the-counter sale occurring at the retailer's same | ||||||
| 22 | place of business where the purchaser was present and made | ||||||
| 23 | payment for that tangible personal property if the | ||||||
| 24 | retailer regularly stocks the purchased tangible personal | ||||||
| 25 | property or similar tangible personal property in the | ||||||
| 26 | quantity, or similar quantity, for sale at the retailer's | ||||||
| |||||||
| |||||||
| 1 | same place of business and then either (i) the purchaser | ||||||
| 2 | takes possession of the tangible personal property at the | ||||||
| 3 | same place of business or (ii) the retailer delivers or | ||||||
| 4 | arranges for the tangible personal property to be | ||||||
| 5 | delivered to the purchaser. | ||||||
| 6 | (2) If a purchaser, having no prior commitment to the | ||||||
| 7 | retailer, agrees to purchase tangible personal property | ||||||
| 8 | and makes payment over the phone, in writing, or via the | ||||||
| 9 | Internet and takes possession of the tangible personal | ||||||
| 10 | property at the retailer's place of business, then the | ||||||
| 11 | sale shall be deemed to have occurred at the retailer's | ||||||
| 12 | place of business where the purchaser takes possession of | ||||||
| 13 | the property if the retailer regularly stocks the item or | ||||||
| 14 | similar items in the quantity, or similar quantities, | ||||||
| 15 | purchased by the purchaser. | ||||||
| 16 | (3) A retailer is deemed to be engaged in the business | ||||||
| 17 | of selling food, beverages, or other tangible personal | ||||||
| 18 | property through a vending machine at the location where | ||||||
| 19 | the vending machine is located at the time the sale is made | ||||||
| 20 | if (i) the vending machine is a device operated by coin, | ||||||
| 21 | currency, credit card, token, coupon or similar device; | ||||||
| 22 | (2) the food, beverage or other tangible personal property | ||||||
| 23 | is contained within the vending machine and dispensed from | ||||||
| 24 | the vending machine; and (3) the purchaser takes | ||||||
| 25 | possession of the purchased food, beverage or other | ||||||
| 26 | tangible personal property immediately. | ||||||
| |||||||
| |||||||
| 1 | (4) Minerals. A producer of coal or other mineral | ||||||
| 2 | mined in Illinois is deemed to be engaged in the business | ||||||
| 3 | of selling at the place where the coal or other mineral | ||||||
| 4 | mined in Illinois is extracted from the earth. With | ||||||
| 5 | respect to minerals (i) the term "extracted from the | ||||||
| 6 | earth" means the location at which the coal or other | ||||||
| 7 | mineral is extracted from the mouth of the mine, and (ii) a | ||||||
| 8 | "mineral" includes not only coal, but also oil, sand, | ||||||
| 9 | stone taken from a quarry, gravel and any other thing | ||||||
| 10 | commonly regarded as a mineral and extracted from the | ||||||
| 11 | earth. This paragraph does not apply to coal or another | ||||||
| 12 | mineral when it is delivered or shipped by the seller to | ||||||
| 13 | the purchaser at a point outside Illinois so that the sale | ||||||
| 14 | is exempt under the United States Constitution as a sale | ||||||
| 15 | in interstate or foreign commerce. | ||||||
| 16 | (5) A retailer selling tangible personal property to a | ||||||
| 17 | nominal lessee or bailee pursuant to a lease with a dollar | ||||||
| 18 | or other nominal option to purchase is engaged in the | ||||||
| 19 | business of selling at the location where the property is | ||||||
| 20 | first delivered to the lessee or bailee for its intended | ||||||
| 21 | use. | ||||||
| 22 | (5.5) Lease transactions. The lease of tangible | ||||||
| 23 | personal property that is subject to the tax on leases | ||||||
| 24 | under Public Act 103-592 this amendatory Act of the 103rd | ||||||
| 25 | General Assembly is sourced as follows: | ||||||
| 26 | (i) For a lease that requires recurring periodic | ||||||
| |||||||
| |||||||
| 1 | payments and for which the property is delivered to | ||||||
| 2 | the lessee by the lessor, each periodic payment is | ||||||
| 3 | sourced to the primary property location for each | ||||||
| 4 | period covered by the payment. The primary property | ||||||
| 5 | location shall be as indicated by an address for the | ||||||
| 6 | property provided by the lessee that is available to | ||||||
| 7 | the lessor from its records maintained in the ordinary | ||||||
| 8 | course of business, when use of this address does not | ||||||
| 9 | constitute bad faith. The property location is not | ||||||
| 10 | altered by intermittent use at different locations, | ||||||
| 11 | such as use of business property that accompanies | ||||||
| 12 | employees on business trips and service calls. | ||||||
| 13 | (ii) For all other leases, including a lease that | ||||||
| 14 | does not require recurring periodic payments and any | ||||||
| 15 | lease for which the lessee takes possession of the | ||||||
| 16 | property at the lessor's place of business, the | ||||||
| 17 | payment is sourced as otherwise provided under this | ||||||
| 18 | Act for sales at retail other than leases. | ||||||
| 19 | (6) Beginning on January 1, 2021, a remote retailer | ||||||
| 20 | making retail sales of tangible personal property that | ||||||
| 21 | meet or exceed the thresholds established in paragraph (1) | ||||||
| 22 | or (2) of subsection (b) of Section 2 of this Act is | ||||||
| 23 | engaged in the business of selling at the Illinois | ||||||
| 24 | location to which the tangible personal property is | ||||||
| 25 | shipped or delivered or at which possession is taken by | ||||||
| 26 | the purchaser. | ||||||
| |||||||
| |||||||
| 1 | (7) Beginning January 1, 2021, a marketplace | ||||||
| 2 | facilitator facilitating sales of tangible personal | ||||||
| 3 | property that meet or exceed one of the thresholds | ||||||
| 4 | established in paragraph (1) or (2) of subsection (c) of | ||||||
| 5 | Section 2 of this Act is deemed to be engaged in the | ||||||
| 6 | business of selling at the Illinois location to which the | ||||||
| 7 | tangible personal property is shipped or delivered or at | ||||||
| 8 | which possession is taken by the purchaser when the sale | ||||||
| 9 | is made by a marketplace seller on the marketplace | ||||||
| 10 | facilitator's marketplace. | ||||||
| 11 | (8) Beginning on January 1, 2025, for sales that would | ||||||
| 12 | otherwise be sourced outside of this State, a retailer | ||||||
| 13 | maintaining a place of business in this State that makes | ||||||
| 14 | retail sales of tangible personal property to Illinois | ||||||
| 15 | customers from a location or locations outside of Illinois | ||||||
| 16 | is engaged in the business of selling at the Illinois | ||||||
| 17 | location to which the tangible personal property is | ||||||
| 18 | shipped or delivered or at which possession is taken by | ||||||
| 19 | the purchaser. | ||||||
| 20 | (Source: P.A. 103-592, eff. 1-1-25; 103-983, eff. 1-1-25; | ||||||
| 21 | revised 11-26-24.)
| ||||||
| 22 | Section 310. The Hotel Operators' Occupation Tax Act is | ||||||
| 23 | amended by changing Sections 2 and 6 as follows:
| ||||||
| 24 | (35 ILCS 145/2) (from Ch. 120, par. 481b.32) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 2 | context otherwise requires: | ||||||
| 3 | (1) "Hotel" means any building or buildings in which the | ||||||
| 4 | public may, for a consideration, obtain living quarters, | ||||||
| 5 | sleeping or housekeeping accommodations. The term includes, | ||||||
| 6 | but is not limited to, inns, motels, tourist homes or courts, | ||||||
| 7 | lodging houses, rooming houses and apartment houses, retreat | ||||||
| 8 | centers, conference centers, and hunting lodges. For the | ||||||
| 9 | purposes of re-renters of hotel rooms only, "hotel" does not | ||||||
| 10 | include a short-term rental. | ||||||
| 11 | (2) "Operator" means any person engaged in the business of | ||||||
| 12 | renting, leasing, or letting rooms in a hotel. | ||||||
| 13 | (3) "Occupancy" means the use or possession, or the right | ||||||
| 14 | to the use or possession, of any room or rooms in a hotel for | ||||||
| 15 | any purpose, or the right to the use or possession of the | ||||||
| 16 | furnishings or to the services and accommodations accompanying | ||||||
| 17 | the use and possession of the room or rooms. | ||||||
| 18 | (4) "Room" or "rooms" means any living quarters, sleeping | ||||||
| 19 | or housekeeping accommodations. | ||||||
| 20 | (5) "Permanent resident" means any person who occupied or | ||||||
| 21 | has the right to occupy any room or rooms, regardless of | ||||||
| 22 | whether or not it is the same room or rooms, in a hotel for at | ||||||
| 23 | least 30 consecutive days. | ||||||
| 24 | (6) "Rent" or "rental" means the consideration received | ||||||
| 25 | for occupancy, valued in money, whether received in money or | ||||||
| 26 | otherwise, including all receipts, cash, credits, and property | ||||||
| |||||||
| |||||||
| 1 | or services of any kind or nature. "Rent" or "rental" includes | ||||||
| 2 | any fee, charge, or commission received from a guest by a | ||||||
| 3 | re-renter of hotel rooms specifically in connection with the | ||||||
| 4 | re-rental of hotel rooms, but does not include any fee, | ||||||
| 5 | charge, or commission received from a short-term rental by a | ||||||
| 6 | hosting platform. | ||||||
| 7 | (7) "Department" means the Department of Revenue. | ||||||
| 8 | (8) "Person" means any natural individual, firm, | ||||||
| 9 | partnership, association, joint stock company, joint | ||||||
| 10 | adventure, public or private corporation, limited liability | ||||||
| 11 | company, or a receiver, executor, trustee, guardian, or other | ||||||
| 12 | representative appointed by order of any court. | ||||||
| 13 | (9) "Re-renter of hotel rooms" means a person who is not | ||||||
| 14 | employed by the hotel operator but who, either directly or | ||||||
| 15 | indirectly, through agreements or arrangements with third | ||||||
| 16 | parties, collects or processes the payment of rent for a hotel | ||||||
| 17 | room located in this State and (i) obtains the right or | ||||||
| 18 | authority to grant control of, access to, or occupancy of a | ||||||
| 19 | hotel room in this State to a guest of the hotel or (ii) | ||||||
| 20 | facilitates the booking of a hotel room located in this State. | ||||||
| 21 | A person who obtains those rights or authorities is not | ||||||
| 22 | considered a re-renter of a hotel room if the person operates | ||||||
| 23 | under a shared hotel brand with the operator. | ||||||
| 24 | (10) "Hosting platform" or "platform" means a person who | ||||||
| 25 | provides an online application, software, website, or system | ||||||
| 26 | through which a short-term rental located in this State is | ||||||
| |||||||
| |||||||
| 1 | advertised or held out to the public as available to rent for | ||||||
| 2 | occupancy. For purposes of this definition, "short-term | ||||||
| 3 | rental" means an owner-occupied, tenant-occupied, or | ||||||
| 4 | non-owner-occupied dwelling, including, but not limited to, an | ||||||
| 5 | apartment, house, cottage, or condominium, located in this | ||||||
| 6 | State, where: (i) at least one room in the dwelling is rented | ||||||
| 7 | to an occupant for a period of less than 30 consecutive days; | ||||||
| 8 | and (ii) all accommodations are reserved in advance; provided, | ||||||
| 9 | however, that a dwelling shall be considered a single room if | ||||||
| 10 | rented as such. | ||||||
| 11 | (11) "Shared hotel brand" means an identifying trademark | ||||||
| 12 | that a hotel operator is expressly licensed to operate under | ||||||
| 13 | in accordance with the terms of a hotel franchise or | ||||||
| 14 | management agreement. | ||||||
| 15 | (Source: P.A. 103-592, eff. 7-1-24; revised 10-21-24.)
| ||||||
| 16 | (35 ILCS 145/6) (from Ch. 120, par. 481b.36) | ||||||
| 17 | Sec. 6. Returns; allocation of proceeds. | ||||||
| 18 | (a) Except as provided hereinafter in this Section, on or | ||||||
| 19 | before the last day of each calendar month, every person | ||||||
| 20 | engaged as a hotel operator in this State during the preceding | ||||||
| 21 | calendar month shall file a return with the Department, | ||||||
| 22 | stating: | ||||||
| 23 | 1. the name of the operator; | ||||||
| 24 | 2. his residence address and the address of his | ||||||
| 25 | principal place of business and the address of the | ||||||
| |||||||
| |||||||
| 1 | principal place of business (if that is a different | ||||||
| 2 | address) from which he engages in business as a hotel | ||||||
| 3 | operator in this State (including, if required by the | ||||||
| 4 | Department, the address of each hotel from which rental | ||||||
| 5 | receipts were received); | ||||||
| 6 | 3. total amount of rental receipts received by him | ||||||
| 7 | during the preceding calendar month from engaging in | ||||||
| 8 | business as a hotel operator during such preceding | ||||||
| 9 | calendar month; | ||||||
| 10 | 4. total amount of rental receipts received by him | ||||||
| 11 | during the preceding calendar month from renting, leasing | ||||||
| 12 | or letting rooms to permanent residents during such | ||||||
| 13 | preceding calendar month; | ||||||
| 14 | 5. total amount of other exclusions from gross rental | ||||||
| 15 | receipts allowed by this Act; | ||||||
| 16 | 6. gross rental receipts which were received by him | ||||||
| 17 | during the preceding calendar month and upon the basis of | ||||||
| 18 | which the tax is imposed; | ||||||
| 19 | 7. the amount of tax due; | ||||||
| 20 | 8. credit for any reimbursement of tax paid by a | ||||||
| 21 | re-renter of hotel rooms to hotel operators for rentals | ||||||
| 22 | purchased for re-rental, as provided in Section 3-3 of | ||||||
| 23 | this Act; | ||||||
| 24 | 9. such other reasonable information as the Department | ||||||
| 25 | may require. | ||||||
| 26 | If the operator's average monthly tax liability to the | ||||||
| |||||||
| |||||||
| 1 | Department does not exceed $200, the Department may authorize | ||||||
| 2 | his returns to be filed on a quarter annual basis, with the | ||||||
| 3 | return for January, February and March of a given year being | ||||||
| 4 | due by April 30 of such year; with the return for April, May | ||||||
| 5 | and June of a given year being due by July 31 of such year; | ||||||
| 6 | with the return for July, August and September of a given year | ||||||
| 7 | being due by October 31 of such year, and with the return for | ||||||
| 8 | October, November and December of a given year being due by | ||||||
| 9 | January 31 of the following year. | ||||||
| 10 | If the operator's average monthly tax liability to the | ||||||
| 11 | Department does not exceed $50, the Department may authorize | ||||||
| 12 | his returns to be filed on an annual basis, with the return for | ||||||
| 13 | a given year being due by January 31 of the following year. | ||||||
| 14 | Such quarter annual and annual returns, as to form and | ||||||
| 15 | substance, shall be subject to the same requirements as | ||||||
| 16 | monthly returns. | ||||||
| 17 | Notwithstanding any other provision in this Act concerning | ||||||
| 18 | the time within which an operator may file his return, in the | ||||||
| 19 | case of any operator who ceases to engage in a kind of business | ||||||
| 20 | which makes him responsible for filing returns under this Act, | ||||||
| 21 | such operator shall file a final return under this Act with the | ||||||
| 22 | Department not more than one 1 month after discontinuing such | ||||||
| 23 | business. | ||||||
| 24 | Where the same person has more than one 1 business | ||||||
| 25 | registered with the Department under separate registrations | ||||||
| 26 | under this Act, such person shall not file each return that is | ||||||
| |||||||
| |||||||
| 1 | due as a single return covering all such registered | ||||||
| 2 | businesses, but shall file separate returns for each such | ||||||
| 3 | registered business. | ||||||
| 4 | In his return, the operator shall determine the value of | ||||||
| 5 | any consideration other than money received by him in | ||||||
| 6 | connection with engaging in business as a hotel operator and | ||||||
| 7 | he shall include such value in his return. Such determination | ||||||
| 8 | shall be subject to review and revision by the Department in | ||||||
| 9 | the manner hereinafter provided for the correction of returns. | ||||||
| 10 | Where the operator is a corporation, the return filed on | ||||||
| 11 | behalf of such corporation shall be signed by the president, | ||||||
| 12 | vice-president, secretary or treasurer or by the properly | ||||||
| 13 | accredited agent of such corporation. | ||||||
| 14 | The person filing the return herein provided for shall, at | ||||||
| 15 | the time of filing such return, pay to the Department the | ||||||
| 16 | amount of tax herein imposed. The operator filing the return | ||||||
| 17 | under this Section shall, at the time of filing such return, | ||||||
| 18 | pay to the Department the amount of tax imposed by this Act | ||||||
| 19 | less a discount of 2.1% or $25 per calendar year, whichever is | ||||||
| 20 | greater, which is allowed to reimburse the operator for the | ||||||
| 21 | expenses incurred in keeping records, preparing and filing | ||||||
| 22 | returns, remitting the tax and supplying data to the | ||||||
| 23 | Department on request. | ||||||
| 24 | If any payment provided for in this Section exceeds the | ||||||
| 25 | operator's liabilities under this Act, as shown on an original | ||||||
| 26 | return, the Department may authorize the operator to credit | ||||||
| |||||||
| |||||||
| 1 | such excess payment against liability subsequently to be | ||||||
| 2 | remitted to the Department under this Act, in accordance with | ||||||
| 3 | reasonable rules adopted by the Department. If the Department | ||||||
| 4 | subsequently determines that all or any part of the credit | ||||||
| 5 | taken was not actually due to the operator, the operator's | ||||||
| 6 | discount shall be reduced by an amount equal to the difference | ||||||
| 7 | between the discount as applied to the credit taken and that | ||||||
| 8 | actually due, and that operator shall be liable for penalties | ||||||
| 9 | and interest on such difference. | ||||||
| 10 | (b) Until July 1, 2024, the Department shall deposit the | ||||||
| 11 | total net revenue realized from the tax imposed under this Act | ||||||
| 12 | as provided in this subsection (b). Beginning on July 1, 2024, | ||||||
| 13 | the Department shall deposit the total net revenue realized | ||||||
| 14 | from the tax imposed under this Act as provided in subsection | ||||||
| 15 | (c). | ||||||
| 16 | There shall be deposited into the Build Illinois Fund in | ||||||
| 17 | the State treasury Treasury for each State fiscal year 40% of | ||||||
| 18 | the amount of total net revenue from the tax imposed by | ||||||
| 19 | subsection (a) of Section 3. Of the remaining 60%: (i) | ||||||
| 20 | $5,000,000 shall be deposited into the Illinois Sports | ||||||
| 21 | Facilities Fund and credited to the Subsidy Account each | ||||||
| 22 | fiscal year by making monthly deposits in the amount of 1/8 of | ||||||
| 23 | $5,000,000 plus cumulative deficiencies in such deposits for | ||||||
| 24 | prior months, and (ii) an amount equal to the then applicable | ||||||
| 25 | Advance Amount, as defined in subsection (d), shall be | ||||||
| 26 | deposited into the Illinois Sports Facilities Fund and | ||||||
| |||||||
| |||||||
| 1 | credited to the Advance Account each fiscal year by making | ||||||
| 2 | monthly deposits in the amount of 1/8 of the then applicable | ||||||
| 3 | Advance Amount plus any cumulative deficiencies in such | ||||||
| 4 | deposits for prior months. (The deposits of the then | ||||||
| 5 | applicable Advance Amount during each fiscal year shall be | ||||||
| 6 | treated as advances of funds to the Illinois Sports Facilities | ||||||
| 7 | Authority for its corporate purposes to the extent paid to the | ||||||
| 8 | Authority or its trustee and shall be repaid into the General | ||||||
| 9 | Revenue Fund in the State treasury Treasury by the State | ||||||
| 10 | Treasurer on behalf of the Authority pursuant to Section 19 of | ||||||
| 11 | the Illinois Sports Facilities Authority Act, as amended. If | ||||||
| 12 | in any fiscal year the full amount of the then applicable | ||||||
| 13 | Advance Amount is not repaid into the General Revenue Fund, | ||||||
| 14 | then the deficiency shall be paid from the amount in the Local | ||||||
| 15 | Government Distributive Fund that would otherwise be allocated | ||||||
| 16 | to the City of Chicago under the State Revenue Sharing Act.) | ||||||
| 17 | Of the remaining 60% of the amount of total net revenue | ||||||
| 18 | beginning on August 1, 2011 through June 30, 2023, from the tax | ||||||
| 19 | imposed by subsection (a) of Section 3 after all required | ||||||
| 20 | deposits into the Illinois Sports Facilities Fund, an amount | ||||||
| 21 | equal to 8% of the net revenue realized from this Act during | ||||||
| 22 | the preceding month shall be deposited as follows: 18% of such | ||||||
| 23 | amount shall be deposited into the Chicago Travel Industry | ||||||
| 24 | Promotion Fund for the purposes described in subsection (n) of | ||||||
| 25 | Section 5 of the Metropolitan Pier and Exposition Authority | ||||||
| 26 | Act and the remaining 82% of such amount shall be deposited | ||||||
| |||||||
| |||||||
| 1 | into the Local Tourism Fund each month for purposes authorized | ||||||
| 2 | by Section 605-705 of the Department of Commerce and Economic | ||||||
| 3 | Opportunity Law. Beginning on August 1, 2011 and through June | ||||||
| 4 | 30, 2023, an amount equal to 4.5% of the net revenue realized | ||||||
| 5 | from this Act during the preceding month shall be deposited as | ||||||
| 6 | follows: 55% of such amount shall be deposited into the | ||||||
| 7 | Chicago Travel Industry Promotion Fund for the purposes | ||||||
| 8 | described in subsection (n) of Section 5 of the Metropolitan | ||||||
| 9 | Pier and Exposition Authority Act and the remaining 45% of | ||||||
| 10 | such amount deposited into the International Tourism Fund for | ||||||
| 11 | the purposes authorized in Section 605-707 of the Department | ||||||
| 12 | of Commerce and Economic Opportunity Law. | ||||||
| 13 | Beginning on July 1, 2023 and until July 1, 2024, of the | ||||||
| 14 | remaining 60% of the amount of total net revenue realized from | ||||||
| 15 | the tax imposed under subsection (a) of Section 3, after all | ||||||
| 16 | required deposits into the Illinois Sports Facilities Fund: | ||||||
| 17 | (1) an amount equal to 8% of the net revenue realized | ||||||
| 18 | under this Act for the preceding month shall be deposited | ||||||
| 19 | as follows: 82% to the Local Tourism Fund and 18% to the | ||||||
| 20 | Chicago Travel Industry Promotion Fund; and | ||||||
| 21 | (2) an amount equal to 4.5% of the net revenue | ||||||
| 22 | realized under this Act for the preceding month shall be | ||||||
| 23 | deposited as follows: 55% to the Chicago Travel Industry | ||||||
| 24 | Promotion Fund and 45% to the International Tourism Fund. | ||||||
| 25 | After making all these deposits, any remaining net revenue | ||||||
| 26 | realized from the tax imposed under subsection (a) of Section | ||||||
| |||||||
| |||||||
| 1 | 3 shall be deposited into the Tourism Promotion Fund in the | ||||||
| 2 | State treasury Treasury. All moneys received by the Department | ||||||
| 3 | from the additional tax imposed under subsection (b) of | ||||||
| 4 | Section 3 shall be deposited into the Build Illinois Fund in | ||||||
| 5 | the State treasury Treasury. | ||||||
| 6 | (c) Beginning on July 1, 2024, the total net revenue | ||||||
| 7 | realized from the tax imposed under this Act for the preceding | ||||||
| 8 | month shall be deposited each month as follows: | ||||||
| 9 | (1) 50% shall be deposited into the Build Illinois | ||||||
| 10 | Fund; and | ||||||
| 11 | (2) the remaining 50% shall be deposited in the | ||||||
| 12 | following order of priority: | ||||||
| 13 | (A) First: | ||||||
| 14 | (i) $5,000,000 shall be deposited into the | ||||||
| 15 | Illinois Sports Facilities Fund and credited to | ||||||
| 16 | the Subsidy Account each fiscal year by making | ||||||
| 17 | monthly deposits in the amount of one-eighth of | ||||||
| 18 | $5,000,000 plus cumulative deficiencies in those | ||||||
| 19 | deposits for prior months; and | ||||||
| 20 | (ii) an amount equal to the then applicable | ||||||
| 21 | Advance Amount, as defined in subsection (d), | ||||||
| 22 | shall be deposited into the Illinois Sports | ||||||
| 23 | Facilities Fund and credited to the Advance | ||||||
| 24 | Account each fiscal year by making monthly | ||||||
| 25 | deposits in the amount of one-eighth of the then | ||||||
| 26 | applicable Advance Amount plus any cumulative | ||||||
| |||||||
| |||||||
| 1 | deficiencies in such deposits for prior months; | ||||||
| 2 | the deposits of the then applicable Advance Amount | ||||||
| 3 | during each fiscal year shall be treated as | ||||||
| 4 | advances of funds to the Illinois Sports | ||||||
| 5 | Facilities Authority for its corporate purposes to | ||||||
| 6 | the extent paid to the Illinois Sports Facilities | ||||||
| 7 | Authority or its trustee and shall be repaid into | ||||||
| 8 | the General Revenue Fund in the State treasury | ||||||
| 9 | Treasury by the State Treasurer on behalf of the | ||||||
| 10 | Authority pursuant to Section 19 of the Illinois | ||||||
| 11 | Sports Facilities Authority Act; if, in any fiscal | ||||||
| 12 | year, the full amount of the Advance Amount is not | ||||||
| 13 | repaid into the General Revenue Fund, then the | ||||||
| 14 | deficiency shall be paid from the amount in the | ||||||
| 15 | Local Government Distributive Fund that would | ||||||
| 16 | otherwise be allocated to the City of Chicago | ||||||
| 17 | under the State Revenue Sharing Act; and | ||||||
| 18 | (B) after all required deposits into the Illinois | ||||||
| 19 | Sports Facilities Fund under paragraph (A) have been | ||||||
| 20 | made each month, the remainder shall be deposited as | ||||||
| 21 | follows: | ||||||
| 22 | (i) 56% into the Tourism Promotion Fund; | ||||||
| 23 | (ii) 23% into the Local Tourism Fund; | ||||||
| 24 | (iii) 14% into the Chicago Travel Industry | ||||||
| 25 | Promotion Fund; and | ||||||
| 26 | (iv) 7% into the International Tourism Fund. | ||||||
| |||||||
| |||||||
| 1 | (d) As used in subsections (b) and (c): | ||||||
| 2 | "Advance Amount" means, for fiscal year 2002, $22,179,000, | ||||||
| 3 | and for subsequent fiscal years through fiscal year 2033, | ||||||
| 4 | 105.615% of the Advance Amount for the immediately preceding | ||||||
| 5 | fiscal year, rounded up to the nearest $1,000. | ||||||
| 6 | "Net revenue realized" means the revenue collected by the | ||||||
| 7 | State under this Act less the amount paid out as refunds to | ||||||
| 8 | taxpayers for overpayment of liability under this Act. | ||||||
| 9 | (e) The Department may, upon separate written notice to a | ||||||
| 10 | taxpayer, require the taxpayer to prepare and file with the | ||||||
| 11 | Department on a form prescribed by the Department within not | ||||||
| 12 | less than 60 days after receipt of the notice an annual | ||||||
| 13 | information return for the tax year specified in the notice. | ||||||
| 14 | Such annual return to the Department shall include a statement | ||||||
| 15 | of gross receipts as shown by the operator's last State income | ||||||
| 16 | tax return. If the total receipts of the business as reported | ||||||
| 17 | in the State income tax return do not agree with the gross | ||||||
| 18 | receipts reported to the Department for the same period, the | ||||||
| 19 | operator shall attach to his annual information return a | ||||||
| 20 | schedule showing a reconciliation of the 2 amounts and the | ||||||
| 21 | reasons for the difference. The operator's annual information | ||||||
| 22 | return to the Department shall also disclose payroll | ||||||
| 23 | information of the operator's business during the year covered | ||||||
| 24 | by such return and any additional reasonable information which | ||||||
| 25 | the Department deems would be helpful in determining the | ||||||
| 26 | accuracy of the monthly, quarterly or annual tax returns by | ||||||
| |||||||
| |||||||
| 1 | such operator as hereinbefore provided for in this Section. | ||||||
| 2 | If the annual information return required by this Section | ||||||
| 3 | is not filed when and as required the taxpayer shall be liable | ||||||
| 4 | for a penalty in an amount determined in accordance with | ||||||
| 5 | Section 3-4 of the Uniform Penalty and Interest Act until such | ||||||
| 6 | return is filed as required, the penalty to be assessed and | ||||||
| 7 | collected in the same manner as any other penalty provided for | ||||||
| 8 | in this Act. | ||||||
| 9 | The chief executive officer, proprietor, owner or highest | ||||||
| 10 | ranking manager shall sign the annual return to certify the | ||||||
| 11 | accuracy of the information contained therein. Any person who | ||||||
| 12 | willfully signs the annual return containing false or | ||||||
| 13 | inaccurate information shall be guilty of perjury and punished | ||||||
| 14 | accordingly. The annual return form prescribed by the | ||||||
| 15 | Department shall include a warning that the person signing the | ||||||
| 16 | return may be liable for perjury. | ||||||
| 17 | The foregoing portion of this Section concerning the | ||||||
| 18 | filing of an annual information return shall not apply to an | ||||||
| 19 | operator who is not required to file an income tax return with | ||||||
| 20 | the United States Government. | ||||||
| 21 | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23; | ||||||
| 22 | 103-592, eff. 7-1-24; 103-642, eff. 7-1-24; revised 8-12-24.)
| ||||||
| 23 | Section 315. The Automobile Renting Occupation and Use Tax | ||||||
| 24 | Act is amended by changing Sections 2 and 6 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 155/2) (from Ch. 120, par. 1702) | ||||||
| 2 | Sec. 2. Definitions. As used in this Act: | ||||||
| 3 | "Renting" means any transfer of the possession or right to | ||||||
| 4 | possession of an automobile to a user for a valuable | ||||||
| 5 | consideration for a period of one year or less. | ||||||
| 6 | "Renting" does not include making a charge for the use of | ||||||
| 7 | an automobile where the rentor, either himself or through an | ||||||
| 8 | agent, furnishes a service of operating an automobile so that | ||||||
| 9 | the rentor remains in possession of the automobile, because | ||||||
| 10 | this does not constitute a transfer of possession or right to | ||||||
| 11 | possession of the automobile. | ||||||
| 12 | "Renting" does not include the making of a charge by an | ||||||
| 13 | automobile dealer for the use of an automobile as a | ||||||
| 14 | demonstrator in connection with the dealer's business of | ||||||
| 15 | selling, where the charge is merely made to recover the costs | ||||||
| 16 | of operating the automobile as a demonstrator and is not | ||||||
| 17 | intended as a rental or leasing charge in the ordinary sense. | ||||||
| 18 | "Renting" does not include peer-to-peer car sharing, as | ||||||
| 19 | defined in Section 5 of the Car-Sharing Program Act, if tax due | ||||||
| 20 | on the automobile under the Retailers' Occupation Tax Act or | ||||||
| 21 | Use Tax Act was paid upon the purchase of the automobile or | ||||||
| 22 | when the automobile was brought into Illinois. The car-sharing | ||||||
| 23 | program shall ask a shared-vehicle shared vehicle owner if the | ||||||
| 24 | shared-vehicle shared vehicle owner paid applicable taxes at | ||||||
| 25 | the time of purchase. Notwithstanding any law to the contrary, | ||||||
| 26 | the car-sharing program shall have the right to rely on the | ||||||
| |||||||
| |||||||
| 1 | shared-vehicle shared vehicle owner's response and to be held | ||||||
| 2 | legally harmless for such reliance. | ||||||
| 3 | "Automobile" means (1) any motor vehicle of the first | ||||||
| 4 | division, or (2) a motor vehicle of the second division which: | ||||||
| 5 | (A) is a self-contained motor vehicle designed or permanently | ||||||
| 6 | converted to provide living quarters for recreational, camping | ||||||
| 7 | or travel use, with direct walk through access to the living | ||||||
| 8 | quarters from the driver's seat; (B) is of the van | ||||||
| 9 | configuration designed for the transportation of not less than | ||||||
| 10 | 7 nor more than 16 passengers, as defined in Section 1-146 of | ||||||
| 11 | the Illinois Vehicle Code; or (C) has a Gross Vehicle Weight | ||||||
| 12 | Rating, as defined in Section 1-124.5 of the Illinois Vehicle | ||||||
| 13 | Code, of 8,000 pounds or less. | ||||||
| 14 | "Department" means the Department of Revenue. | ||||||
| 15 | "Person" means any natural individual, firm, partnership, | ||||||
| 16 | association, joint stock company, joint adventure, public or | ||||||
| 17 | private corporation, limited liability company, or a receiver, | ||||||
| 18 | executor, trustee, conservator, or other representative | ||||||
| 19 | appointed by order of any court. | ||||||
| 20 | "Rentor" means any person, firm, corporation, or | ||||||
| 21 | association engaged in the business of renting or leasing | ||||||
| 22 | automobiles to users. For this purpose, the objective of | ||||||
| 23 | making a profit is not necessary to make the renting activity a | ||||||
| 24 | business. | ||||||
| 25 | "Rentor" does not include a car-sharing program or a | ||||||
| 26 | shared-vehicle owner, as defined in Section 5 of the | ||||||
| |||||||
| |||||||
| 1 | Car-Sharing Program Act, if tax due on the automobile under | ||||||
| 2 | the Retailers' Occupation Tax Act or Use Tax Act was paid upon | ||||||
| 3 | the purchase of the automobile or when the automobile was | ||||||
| 4 | brought into Illinois. The car-sharing program shall ask a | ||||||
| 5 | shared-vehicle shared vehicle owner if the shared-vehicle | ||||||
| 6 | shared vehicle owner paid applicable taxes at the time of | ||||||
| 7 | purchase. Notwithstanding any law to the contrary, the | ||||||
| 8 | car-sharing program shall have the right to rely on the | ||||||
| 9 | shared-vehicle shared vehicle owner's response and to be held | ||||||
| 10 | legally harmless for such reliance. | ||||||
| 11 | "Rentee" means any user to whom the possession, or the | ||||||
| 12 | right to possession, of an automobile is transferred for a | ||||||
| 13 | valuable consideration for a period of one year or less, | ||||||
| 14 | whether paid for by the "rentee" or by someone else. | ||||||
| 15 | "Rentee" does not include a shared-vehicle driver, as | ||||||
| 16 | defined in Section 5 of the Car-Sharing Program Act, if tax due | ||||||
| 17 | on the automobile under the Retailers' Occupation Tax Act or | ||||||
| 18 | Use Tax Act was paid upon the purchase of the automobile or | ||||||
| 19 | when the automobile was brought into Illinois. The car-sharing | ||||||
| 20 | program shall ask a shared-vehicle shared vehicle owner if the | ||||||
| 21 | shared-vehicle shared vehicle owner paid applicable taxes at | ||||||
| 22 | the time of purchase. Notwithstanding any law to the contrary, | ||||||
| 23 | the car-sharing program shall have the right to rely on the | ||||||
| 24 | shared-vehicle shared vehicle owner's response and to be held | ||||||
| 25 | legally harmless for such reliance. | ||||||
| 26 | "Gross receipts" from the renting of tangible personal | ||||||
| |||||||
| |||||||
| 1 | property or "rent" means the total rental price or leasing | ||||||
| 2 | price. In the case of rental transactions in which the | ||||||
| 3 | consideration is paid to the rentor on an installment basis, | ||||||
| 4 | the amounts of such payments shall be included by the rentor in | ||||||
| 5 | gross receipts or rent only as and when payments are received | ||||||
| 6 | by the rentor. | ||||||
| 7 | "Gross receipts" does not include receipts received by an | ||||||
| 8 | automobile dealer from a manufacturer or service contract | ||||||
| 9 | provider for the use of an automobile by a person while that | ||||||
| 10 | person's automobile is being repaired by that automobile | ||||||
| 11 | dealer and the repair is made pursuant to a manufacturer's | ||||||
| 12 | warranty or a service contract where a manufacturer or service | ||||||
| 13 | contract provider reimburses that automobile dealer pursuant | ||||||
| 14 | to a manufacturer's warranty or a service contract and the | ||||||
| 15 | reimbursement is merely made to recover the costs of operating | ||||||
| 16 | the automobile as a loaner vehicle. | ||||||
| 17 | "Rental price" means the consideration for renting or | ||||||
| 18 | leasing an automobile valued in money, whether received in | ||||||
| 19 | money or otherwise, including cash credits, property and | ||||||
| 20 | services, and shall be determined without any deduction on | ||||||
| 21 | account of the cost of the property rented, the cost of | ||||||
| 22 | materials used, labor or service cost, or any other expense | ||||||
| 23 | whatsoever, but does not include charges that are added by a | ||||||
| 24 | rentor on account of the rentor's tax liability under this Act | ||||||
| 25 | or on account of the rentor's duty to collect, from the rentee, | ||||||
| 26 | the tax that is imposed by Section 4 of this Act. The phrase | ||||||
| |||||||
| |||||||
| 1 | "rental price" does not include compensation paid to a rentor | ||||||
| 2 | by a rentee in consideration of the waiver by the rentor of any | ||||||
| 3 | right of action or claim against the rentee for loss or damage | ||||||
| 4 | to the automobile rented and also does not include a | ||||||
| 5 | separately stated charge for insurance or recovery of | ||||||
| 6 | refueling costs or other separately stated charges that are | ||||||
| 7 | not for the use of tangible personal property. | ||||||
| 8 | "Rental price" does not include consideration paid for | ||||||
| 9 | peer-to-peer car sharing to a shared-vehicle owner or a | ||||||
| 10 | car-sharing program, as those terms are defined in Section 5 | ||||||
| 11 | of the Car-Sharing Program Act, if tax due on the automobile | ||||||
| 12 | under the Retailers' Occupation Tax Act or Use Tax Act was paid | ||||||
| 13 | upon the purchase of the automobile or when the automobile was | ||||||
| 14 | brought into Illinois. The car-sharing program shall ask a | ||||||
| 15 | shared-vehicle shared vehicle owner if the shared-vehicle | ||||||
| 16 | shared vehicle owner paid applicable taxes at the time of | ||||||
| 17 | purchase. Notwithstanding any law to the contrary, the | ||||||
| 18 | car-sharing program shall have the right to rely on the | ||||||
| 19 | shared-vehicle shared vehicle owner's response and to be held | ||||||
| 20 | legally harmless for such reliance. | ||||||
| 21 | (Source: P.A. 103-520, eff. 8-11-23; revised 10-23-24.)
| ||||||
| 22 | (35 ILCS 155/6) | ||||||
| 23 | Sec. 6. Applicability. The taxes imposed by Sections 3 and | ||||||
| 24 | 4 of this Act do not apply to any amounts paid or received for | ||||||
| 25 | peer-to-peer car sharing, as defined in Section 5 of the | ||||||
| |||||||
| |||||||
| 1 | Car-Sharing Program Act, or the privilege of sharing a shared | ||||||
| 2 | vehicle through a car-sharing program, as defined in Section 5 | ||||||
| 3 | of the Car-Sharing Program Act, if the shared-vehicle shared | ||||||
| 4 | vehicle owner paid applicable taxes upon the purchase of the | ||||||
| 5 | automobile. | ||||||
| 6 | As used in this Section, "applicable taxes" means, with | ||||||
| 7 | respect to vehicles purchased in Illinois, the retailers' | ||||||
| 8 | occupation tax levied under the Retailers' Occupation Tax Act | ||||||
| 9 | or the use tax levied under the Use Tax Act. "Applicable | ||||||
| 10 | taxes", with respect to vehicles not purchased in Illinois, | ||||||
| 11 | refers to the sales, use, excise, or other generally | ||||||
| 12 | applicable tax that is due upon the purchase of a vehicle in | ||||||
| 13 | the jurisdiction in which the vehicle was purchased. | ||||||
| 14 | Notwithstanding any law to the contrary, the car-sharing | ||||||
| 15 | program shall have the right to rely on the shared-vehicle | ||||||
| 16 | shared vehicle owner's response and to be held legally | ||||||
| 17 | harmless for such reliance. | ||||||
| 18 | (Source: P.A. 103-520, eff. 8-11-23; revised 10-23-24.)
| ||||||
| 19 | Section 320. The Property Tax Code is amended by changing | ||||||
| 20 | Sections 18-185, 18-250, 22-15, and 22-40 as follows:
| ||||||
| 21 | (35 ILCS 200/18-185) | ||||||
| 22 | Sec. 18-185. Short title; definitions. This Division 5 | ||||||
| 23 | may be cited as the Property Tax Extension Limitation Law. As | ||||||
| 24 | used in this Division 5: | ||||||
| |||||||
| |||||||
| 1 | "Consumer Price Index" means the Consumer Price Index for | ||||||
| 2 | All Urban Consumers for all items published by the United | ||||||
| 3 | States Department of Labor. | ||||||
| 4 | "Extension limitation" means (a) the lesser of 5% or the | ||||||
| 5 | percentage increase in the Consumer Price Index during the | ||||||
| 6 | 12-month calendar year preceding the levy year or (b) the rate | ||||||
| 7 | of increase approved by voters under Section 18-205. | ||||||
| 8 | "Affected county" means a county of 3,000,000 or more | ||||||
| 9 | inhabitants or a county contiguous to a county of 3,000,000 or | ||||||
| 10 | more inhabitants. | ||||||
| 11 | "Taxing district" has the same meaning provided in Section | ||||||
| 12 | 1-150, except as otherwise provided in this Section. For the | ||||||
| 13 | 1991 through 1994 levy years only, "taxing district" includes | ||||||
| 14 | only each non-home rule taxing district having the majority of | ||||||
| 15 | its 1990 equalized assessed value within any county or | ||||||
| 16 | counties contiguous to a county with 3,000,000 or more | ||||||
| 17 | inhabitants. Beginning with the 1995 levy year, "taxing | ||||||
| 18 | district" includes only each non-home rule taxing district | ||||||
| 19 | subject to this Law before the 1995 levy year and each non-home | ||||||
| 20 | rule taxing district not subject to this Law before the 1995 | ||||||
| 21 | levy year having the majority of its 1994 equalized assessed | ||||||
| 22 | value in an affected county or counties. Beginning with the | ||||||
| 23 | levy year in which this Law becomes applicable to a taxing | ||||||
| 24 | district as provided in Section 18-213, "taxing district" also | ||||||
| 25 | includes those taxing districts made subject to this Law as | ||||||
| 26 | provided in Section 18-213. | ||||||
| |||||||
| |||||||
| 1 | "Aggregate extension" for taxing districts to which this | ||||||
| 2 | Law applied before the 1995 levy year means the annual | ||||||
| 3 | corporate extension for the taxing district and those special | ||||||
| 4 | purpose extensions that are made annually for the taxing | ||||||
| 5 | district, excluding special purpose extensions: (a) made for | ||||||
| 6 | the taxing district to pay interest or principal on general | ||||||
| 7 | obligation bonds that were approved by referendum; (b) made | ||||||
| 8 | for any taxing district to pay interest or principal on | ||||||
| 9 | general obligation bonds issued before October 1, 1991; (c) | ||||||
| 10 | made for any taxing district to pay interest or principal on | ||||||
| 11 | bonds issued to refund or continue to refund those bonds | ||||||
| 12 | issued before October 1, 1991; (d) made for any taxing | ||||||
| 13 | district to pay interest or principal on bonds issued to | ||||||
| 14 | refund or continue to refund bonds issued after October 1, | ||||||
| 15 | 1991 that were approved by referendum; (e) made for any taxing | ||||||
| 16 | district to pay interest or principal on revenue bonds issued | ||||||
| 17 | before October 1, 1991 for payment of which a property tax levy | ||||||
| 18 | or the full faith and credit of the unit of local government is | ||||||
| 19 | pledged; however, a tax for the payment of interest or | ||||||
| 20 | principal on those bonds shall be made only after the | ||||||
| 21 | governing body of the unit of local government finds that all | ||||||
| 22 | other sources for payment are insufficient to make those | ||||||
| 23 | payments; (f) made for payments under a building commission | ||||||
| 24 | lease when the lease payments are for the retirement of bonds | ||||||
| 25 | issued by the commission before October 1, 1991, to pay for the | ||||||
| 26 | building project; (g) made for payments due under installment | ||||||
| |||||||
| |||||||
| 1 | contracts entered into before October 1, 1991; (h) made for | ||||||
| 2 | payments of principal and interest on bonds issued under the | ||||||
| 3 | Metropolitan Water Reclamation District Act to finance | ||||||
| 4 | construction projects initiated before October 1, 1991; (i) | ||||||
| 5 | made for payments of principal and interest on limited bonds, | ||||||
| 6 | as defined in Section 3 of the Local Government Debt Reform | ||||||
| 7 | Act, in an amount not to exceed the debt service extension base | ||||||
| 8 | less the amount in items (b), (c), (e), and (h) of this | ||||||
| 9 | definition for non-referendum obligations, except obligations | ||||||
| 10 | initially issued pursuant to referendum; (j) made for payments | ||||||
| 11 | of principal and interest on bonds issued under Section 15 of | ||||||
| 12 | the Local Government Debt Reform Act; (k) made by a school | ||||||
| 13 | district that participates in the Special Education District | ||||||
| 14 | of Lake County, created by special education joint agreement | ||||||
| 15 | under Section 10-22.31 of the School Code, for payment of the | ||||||
| 16 | school district's share of the amounts required to be | ||||||
| 17 | contributed by the Special Education District of Lake County | ||||||
| 18 | to the Illinois Municipal Retirement Fund under Article 7 of | ||||||
| 19 | the Illinois Pension Code; the amount of any extension under | ||||||
| 20 | this item (k) shall be certified by the school district to the | ||||||
| 21 | county clerk; (l) made to fund expenses of providing joint | ||||||
| 22 | recreational programs for persons with disabilities under | ||||||
| 23 | Section 5-8 of the Park District Code or Section 11-95-14 of | ||||||
| 24 | the Illinois Municipal Code; (m) made for temporary relocation | ||||||
| 25 | loan repayment purposes pursuant to Sections 2-3.77 and | ||||||
| 26 | 17-2.2d of the School Code; (n) made for payment of principal | ||||||
| |||||||
| |||||||
| 1 | and interest on any bonds issued under the authority of | ||||||
| 2 | Section 17-2.2d of the School Code; (o) made for contributions | ||||||
| 3 | to a firefighter's pension fund created under Article 4 of the | ||||||
| 4 | Illinois Pension Code, to the extent of the amount certified | ||||||
| 5 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
| 6 | (p) made for road purposes in the first year after a township | ||||||
| 7 | assumes the rights, powers, duties, assets, property, | ||||||
| 8 | liabilities, obligations, and responsibilities of a road | ||||||
| 9 | district abolished under the provisions of Section 6-133 of | ||||||
| 10 | the Illinois Highway Code; and (q) made under Section 4 of the | ||||||
| 11 | Community Mental Health Act to provide the necessary funds or | ||||||
| 12 | to supplement existing funds for community mental health | ||||||
| 13 | facilities and services, including facilities and services for | ||||||
| 14 | the person with a developmental disability or a substance use | ||||||
| 15 | disorder; and (r) (q) made for the payment of principal and | ||||||
| 16 | interest on any bonds issued under the authority of Section | ||||||
| 17 | 17-2.11 of the School Code or to refund or continue to refund | ||||||
| 18 | those bonds. | ||||||
| 19 | "Aggregate extension" for the taxing districts to which | ||||||
| 20 | this Law did not apply before the 1995 levy year (except taxing | ||||||
| 21 | districts subject to this Law in accordance with Section | ||||||
| 22 | 18-213) means the annual corporate extension for the taxing | ||||||
| 23 | district and those special purpose extensions that are made | ||||||
| 24 | annually for the taxing district, excluding special purpose | ||||||
| 25 | extensions: (a) made for the taxing district to pay interest | ||||||
| 26 | or principal on general obligation bonds that were approved by | ||||||
| |||||||
| |||||||
| 1 | referendum; (b) made for any taxing district to pay interest | ||||||
| 2 | or principal on general obligation bonds issued before March | ||||||
| 3 | 1, 1995; (c) made for any taxing district to pay interest or | ||||||
| 4 | principal on bonds issued to refund or continue to refund | ||||||
| 5 | those bonds issued before March 1, 1995; (d) made for any | ||||||
| 6 | taxing district to pay interest or principal on bonds issued | ||||||
| 7 | to refund or continue to refund bonds issued after March 1, | ||||||
| 8 | 1995 that were approved by referendum; (e) made for any taxing | ||||||
| 9 | district to pay interest or principal on revenue bonds issued | ||||||
| 10 | before March 1, 1995 for payment of which a property tax levy | ||||||
| 11 | or the full faith and credit of the unit of local government is | ||||||
| 12 | pledged; however, a tax for the payment of interest or | ||||||
| 13 | principal on those bonds shall be made only after the | ||||||
| 14 | governing body of the unit of local government finds that all | ||||||
| 15 | other sources for payment are insufficient to make those | ||||||
| 16 | payments; (f) made for payments under a building commission | ||||||
| 17 | lease when the lease payments are for the retirement of bonds | ||||||
| 18 | issued by the commission before March 1, 1995 to pay for the | ||||||
| 19 | building project; (g) made for payments due under installment | ||||||
| 20 | contracts entered into before March 1, 1995; (h) made for | ||||||
| 21 | payments of principal and interest on bonds issued under the | ||||||
| 22 | Metropolitan Water Reclamation District Act to finance | ||||||
| 23 | construction projects initiated before October 1, 1991; (h-4) | ||||||
| 24 | made for stormwater management purposes by the Metropolitan | ||||||
| 25 | Water Reclamation District of Greater Chicago under Section 12 | ||||||
| 26 | of the Metropolitan Water Reclamation District Act; (h-8) made | ||||||
| |||||||
| |||||||
| 1 | for payments of principal and interest on bonds issued under | ||||||
| 2 | Section 9.6a of the Metropolitan Water Reclamation District | ||||||
| 3 | Act to make contributions to the pension fund established | ||||||
| 4 | under Article 13 of the Illinois Pension Code; (i) made for | ||||||
| 5 | payments of principal and interest on limited bonds, as | ||||||
| 6 | defined in Section 3 of the Local Government Debt Reform Act, | ||||||
| 7 | in an amount not to exceed the debt service extension base less | ||||||
| 8 | the amount in items (b), (c), and (e) of this definition for | ||||||
| 9 | non-referendum obligations, except obligations initially | ||||||
| 10 | issued pursuant to referendum and bonds described in | ||||||
| 11 | subsections (h) and (h-8) of this definition; (j) made for | ||||||
| 12 | payments of principal and interest on bonds issued under | ||||||
| 13 | Section 15 of the Local Government Debt Reform Act; (k) made | ||||||
| 14 | for payments of principal and interest on bonds authorized by | ||||||
| 15 | Public Act 88-503 and issued under Section 20a of the Chicago | ||||||
| 16 | Park District Act for aquarium or museum projects and bonds | ||||||
| 17 | issued under Section 20a of the Chicago Park District Act for | ||||||
| 18 | the purpose of making contributions to the pension fund | ||||||
| 19 | established under Article 12 of the Illinois Pension Code; (l) | ||||||
| 20 | made for payments of principal and interest on bonds | ||||||
| 21 | authorized by Public Act 87-1191 or 93-601 and (i) issued | ||||||
| 22 | pursuant to Section 21.2 of the Cook County Forest Preserve | ||||||
| 23 | District Act, (ii) issued under Section 42 of the Cook County | ||||||
| 24 | Forest Preserve District Act for zoological park projects, or | ||||||
| 25 | (iii) issued under Section 44.1 of the Cook County Forest | ||||||
| 26 | Preserve District Act for botanical gardens projects; (m) made | ||||||
| |||||||
| |||||||
| 1 | pursuant to Section 34-53.5 of the School Code, whether levied | ||||||
| 2 | annually or not; (n) made to fund expenses of providing joint | ||||||
| 3 | recreational programs for persons with disabilities under | ||||||
| 4 | Section 5-8 of the Park District Code or Section 11-95-14 of | ||||||
| 5 | the Illinois Municipal Code; (o) made by the Chicago Park | ||||||
| 6 | District for recreational programs for persons with | ||||||
| 7 | disabilities under subsection (c) of Section 7.06 of the | ||||||
| 8 | Chicago Park District Act; (p) made for contributions to a | ||||||
| 9 | firefighter's pension fund created under Article 4 of the | ||||||
| 10 | Illinois Pension Code, to the extent of the amount certified | ||||||
| 11 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
| 12 | (q) made by Ford Heights School District 169 under Section | ||||||
| 13 | 17-9.02 of the School Code; (r) made for the purpose of making | ||||||
| 14 | employer contributions to the Public School Teachers' Pension | ||||||
| 15 | and Retirement Fund of Chicago under Section 34-53 of the | ||||||
| 16 | School Code; and (s) made under Section 4 of the Community | ||||||
| 17 | Mental Health Act to provide the necessary funds or to | ||||||
| 18 | supplement existing funds for community mental health | ||||||
| 19 | facilities and services, including facilities and services for | ||||||
| 20 | the person with a developmental disability or a substance use | ||||||
| 21 | disorder; and (t) (s) made for the payment of principal and | ||||||
| 22 | interest on any bonds issued under the authority of Section | ||||||
| 23 | 17-2.11 of the School Code or to refund or continue to refund | ||||||
| 24 | those bonds. | ||||||
| 25 | "Aggregate extension" for all taxing districts to which | ||||||
| 26 | this Law applies in accordance with Section 18-213, except for | ||||||
| |||||||
| |||||||
| 1 | those taxing districts subject to paragraph (2) of subsection | ||||||
| 2 | (e) of Section 18-213, means the annual corporate extension | ||||||
| 3 | for the taxing district and those special purpose extensions | ||||||
| 4 | that are made annually for the taxing district, excluding | ||||||
| 5 | special purpose extensions: (a) made for the taxing district | ||||||
| 6 | to pay interest or principal on general obligation bonds that | ||||||
| 7 | were approved by referendum; (b) made for any taxing district | ||||||
| 8 | to pay interest or principal on general obligation bonds | ||||||
| 9 | issued before the date on which the referendum making this Law | ||||||
| 10 | applicable to the taxing district is held; (c) made for any | ||||||
| 11 | taxing district to pay interest or principal on bonds issued | ||||||
| 12 | to refund or continue to refund those bonds issued before the | ||||||
| 13 | date on which the referendum making this Law applicable to the | ||||||
| 14 | taxing district is held; (d) made for any taxing district to | ||||||
| 15 | pay interest or principal on bonds issued to refund or | ||||||
| 16 | continue to refund bonds issued after the date on which the | ||||||
| 17 | referendum making this Law applicable to the taxing district | ||||||
| 18 | is held if the bonds were approved by referendum after the date | ||||||
| 19 | on which the referendum making this Law applicable to the | ||||||
| 20 | taxing district is held; (e) made for any taxing district to | ||||||
| 21 | pay interest or principal on revenue bonds issued before the | ||||||
| 22 | date on which the referendum making this Law applicable to the | ||||||
| 23 | taxing district is held for payment of which a property tax | ||||||
| 24 | levy or the full faith and credit of the unit of local | ||||||
| 25 | government is pledged; however, a tax for the payment of | ||||||
| 26 | interest or principal on those bonds shall be made only after | ||||||
| |||||||
| |||||||
| 1 | the governing body of the unit of local government finds that | ||||||
| 2 | all other sources for payment are insufficient to make those | ||||||
| 3 | payments; (f) made for payments under a building commission | ||||||
| 4 | lease when the lease payments are for the retirement of bonds | ||||||
| 5 | issued by the commission before the date on which the | ||||||
| 6 | referendum making this Law applicable to the taxing district | ||||||
| 7 | is held to pay for the building project; (g) made for payments | ||||||
| 8 | due under installment contracts entered into before the date | ||||||
| 9 | on which the referendum making this Law applicable to the | ||||||
| 10 | taxing district is held; (h) made for payments of principal | ||||||
| 11 | and interest on limited bonds, as defined in Section 3 of the | ||||||
| 12 | Local Government Debt Reform Act, in an amount not to exceed | ||||||
| 13 | the debt service extension base less the amount in items (b), | ||||||
| 14 | (c), and (e) of this definition for non-referendum | ||||||
| 15 | obligations, except obligations initially issued pursuant to | ||||||
| 16 | referendum; (i) made for payments of principal and interest on | ||||||
| 17 | bonds issued under Section 15 of the Local Government Debt | ||||||
| 18 | Reform Act; (j) made for a qualified airport authority to pay | ||||||
| 19 | interest or principal on general obligation bonds issued for | ||||||
| 20 | the purpose of paying obligations due under, or financing | ||||||
| 21 | airport facilities required to be acquired, constructed, | ||||||
| 22 | installed or equipped pursuant to, contracts entered into | ||||||
| 23 | before March 1, 1996 (but not including any amendments to such | ||||||
| 24 | a contract taking effect on or after that date); (k) made to | ||||||
| 25 | fund expenses of providing joint recreational programs for | ||||||
| 26 | persons with disabilities under Section 5-8 of the Park | ||||||
| |||||||
| |||||||
| 1 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
| 2 | Code; (l) made for contributions to a firefighter's pension | ||||||
| 3 | fund created under Article 4 of the Illinois Pension Code, to | ||||||
| 4 | the extent of the amount certified under item (5) of Section | ||||||
| 5 | 4-134 of the Illinois Pension Code; (m) made for the taxing | ||||||
| 6 | district to pay interest or principal on general obligation | ||||||
| 7 | bonds issued pursuant to Section 19-3.10 of the School Code; | ||||||
| 8 | and (n) made under Section 4 of the Community Mental Health Act | ||||||
| 9 | to provide the necessary funds or to supplement existing funds | ||||||
| 10 | for community mental health facilities and services, including | ||||||
| 11 | facilities and services for the person with a developmental | ||||||
| 12 | disability or a substance use disorder; and (o) (n) made for | ||||||
| 13 | the payment of principal and interest on any bonds issued | ||||||
| 14 | under the authority of Section 17-2.11 of the School Code or to | ||||||
| 15 | refund or continue to refund those bonds. | ||||||
| 16 | "Aggregate extension" for all taxing districts to which | ||||||
| 17 | this Law applies in accordance with paragraph (2) of | ||||||
| 18 | subsection (e) of Section 18-213 means the annual corporate | ||||||
| 19 | extension for the taxing district and those special purpose | ||||||
| 20 | extensions that are made annually for the taxing district, | ||||||
| 21 | excluding special purpose extensions: (a) made for the taxing | ||||||
| 22 | district to pay interest or principal on general obligation | ||||||
| 23 | bonds that were approved by referendum; (b) made for any | ||||||
| 24 | taxing district to pay interest or principal on general | ||||||
| 25 | obligation bonds issued before March 7, 1997 (the effective | ||||||
| 26 | date of Public Act 89-718); (c) made for any taxing district to | ||||||
| |||||||
| |||||||
| 1 | pay interest or principal on bonds issued to refund or | ||||||
| 2 | continue to refund those bonds issued before March 7, 1997 | ||||||
| 3 | (the effective date of Public Act 89-718); (d) made for any | ||||||
| 4 | taxing district to pay interest or principal on bonds issued | ||||||
| 5 | to refund or continue to refund bonds issued after March 7, | ||||||
| 6 | 1997 (the effective date of Public Act 89-718) if the bonds | ||||||
| 7 | were approved by referendum after March 7, 1997 (the effective | ||||||
| 8 | date of Public Act 89-718); (e) made for any taxing district to | ||||||
| 9 | pay interest or principal on revenue bonds issued before March | ||||||
| 10 | 7, 1997 (the effective date of Public Act 89-718) for payment | ||||||
| 11 | of which a property tax levy or the full faith and credit of | ||||||
| 12 | the unit of local government is pledged; however, a tax for the | ||||||
| 13 | payment of interest or principal on those bonds shall be made | ||||||
| 14 | only after the governing body of the unit of local government | ||||||
| 15 | finds that all other sources for payment are insufficient to | ||||||
| 16 | make those payments; (f) made for payments under a building | ||||||
| 17 | commission lease when the lease payments are for the | ||||||
| 18 | retirement of bonds issued by the commission before March 7, | ||||||
| 19 | 1997 (the effective date of Public Act 89-718) to pay for the | ||||||
| 20 | building project; (g) made for payments due under installment | ||||||
| 21 | contracts entered into before March 7, 1997 (the effective | ||||||
| 22 | date of Public Act 89-718); (h) made for payments of principal | ||||||
| 23 | and interest on limited bonds, as defined in Section 3 of the | ||||||
| 24 | Local Government Debt Reform Act, in an amount not to exceed | ||||||
| 25 | the debt service extension base less the amount in items (b), | ||||||
| 26 | (c), and (e) of this definition for non-referendum | ||||||
| |||||||
| |||||||
| 1 | obligations, except obligations initially issued pursuant to | ||||||
| 2 | referendum; (i) made for payments of principal and interest on | ||||||
| 3 | bonds issued under Section 15 of the Local Government Debt | ||||||
| 4 | Reform Act; (j) made for a qualified airport authority to pay | ||||||
| 5 | interest or principal on general obligation bonds issued for | ||||||
| 6 | the purpose of paying obligations due under, or financing | ||||||
| 7 | airport facilities required to be acquired, constructed, | ||||||
| 8 | installed or equipped pursuant to, contracts entered into | ||||||
| 9 | before March 1, 1996 (but not including any amendments to such | ||||||
| 10 | a contract taking effect on or after that date); (k) made to | ||||||
| 11 | fund expenses of providing joint recreational programs for | ||||||
| 12 | persons with disabilities under Section 5-8 of the Park | ||||||
| 13 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
| 14 | Code; (l) made for contributions to a firefighter's pension | ||||||
| 15 | fund created under Article 4 of the Illinois Pension Code, to | ||||||
| 16 | the extent of the amount certified under item (5) of Section | ||||||
| 17 | 4-134 of the Illinois Pension Code; and (m) made under Section | ||||||
| 18 | 4 of the Community Mental Health Act to provide the necessary | ||||||
| 19 | funds or to supplement existing funds for community mental | ||||||
| 20 | health facilities and services, including facilities and | ||||||
| 21 | services for the person with a developmental disability or a | ||||||
| 22 | substance use disorder; and (n) (m) made for the payment of | ||||||
| 23 | principal and interest on any bonds issued under the authority | ||||||
| 24 | of Section 17-2.11 of the School Code or to refund or continue | ||||||
| 25 | to refund those bonds. | ||||||
| 26 | "Debt service extension base" means an amount equal to | ||||||
| |||||||
| |||||||
| 1 | that portion of the extension for a taxing district for the | ||||||
| 2 | 1994 levy year, or for those taxing districts subject to this | ||||||
| 3 | Law in accordance with Section 18-213, except for those | ||||||
| 4 | subject to paragraph (2) of subsection (e) of Section 18-213, | ||||||
| 5 | for the levy year in which the referendum making this Law | ||||||
| 6 | applicable to the taxing district is held, or for those taxing | ||||||
| 7 | districts subject to this Law in accordance with paragraph (2) | ||||||
| 8 | of subsection (e) of Section 18-213 for the 1996 levy year, | ||||||
| 9 | constituting an extension for payment of principal and | ||||||
| 10 | interest on bonds issued by the taxing district without | ||||||
| 11 | referendum, but not including excluded non-referendum bonds. | ||||||
| 12 | For park districts (i) that were first subject to this Law in | ||||||
| 13 | 1991 or 1995 and (ii) whose extension for the 1994 levy year | ||||||
| 14 | for the payment of principal and interest on bonds issued by | ||||||
| 15 | the park district without referendum (but not including | ||||||
| 16 | excluded non-referendum bonds) was less than 51% of the amount | ||||||
| 17 | for the 1991 levy year constituting an extension for payment | ||||||
| 18 | of principal and interest on bonds issued by the park district | ||||||
| 19 | without referendum (but not including excluded non-referendum | ||||||
| 20 | bonds), "debt service extension base" means an amount equal to | ||||||
| 21 | that portion of the extension for the 1991 levy year | ||||||
| 22 | constituting an extension for payment of principal and | ||||||
| 23 | interest on bonds issued by the park district without | ||||||
| 24 | referendum (but not including excluded non-referendum bonds). | ||||||
| 25 | A debt service extension base established or increased at any | ||||||
| 26 | time pursuant to any provision of this Law, except Section | ||||||
| |||||||
| |||||||
| 1 | 18-212, shall be increased each year commencing with the later | ||||||
| 2 | of (i) the 2009 levy year or (ii) the first levy year in which | ||||||
| 3 | this Law becomes applicable to the taxing district, by the | ||||||
| 4 | lesser of 5% or the percentage increase in the Consumer Price | ||||||
| 5 | Index during the 12-month calendar year preceding the levy | ||||||
| 6 | year. The debt service extension base may be established or | ||||||
| 7 | increased as provided under Section 18-212. "Excluded | ||||||
| 8 | non-referendum bonds" means (i) bonds authorized by Public Act | ||||||
| 9 | 88-503 and issued under Section 20a of the Chicago Park | ||||||
| 10 | District Act for aquarium and museum projects; (ii) bonds | ||||||
| 11 | issued under Section 15 of the Local Government Debt Reform | ||||||
| 12 | Act; or (iii) refunding obligations issued to refund or to | ||||||
| 13 | continue to refund obligations initially issued pursuant to | ||||||
| 14 | referendum. | ||||||
| 15 | "Special purpose extensions" include, but are not limited | ||||||
| 16 | to, extensions for levies made on an annual basis for | ||||||
| 17 | unemployment and workers' compensation, self-insurance, | ||||||
| 18 | contributions to pension plans, and extensions made pursuant | ||||||
| 19 | to Section 6-601 of the Illinois Highway Code for a road | ||||||
| 20 | district's permanent road fund whether levied annually or not. | ||||||
| 21 | The extension for a special service area is not included in the | ||||||
| 22 | aggregate extension. | ||||||
| 23 | "Aggregate extension base" means the taxing district's | ||||||
| 24 | last preceding aggregate extension as adjusted under Sections | ||||||
| 25 | 18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with | ||||||
| 26 | levy year 2022, for taxing districts that are specified in | ||||||
| |||||||
| |||||||
| 1 | Section 18-190.7, the taxing district's aggregate extension | ||||||
| 2 | base shall be calculated as provided in Section 18-190.7. An | ||||||
| 3 | adjustment under Section 18-135 shall be made for the 2007 | ||||||
| 4 | levy year and all subsequent levy years whenever one or more | ||||||
| 5 | counties within which a taxing district is located (i) used | ||||||
| 6 | estimated valuations or rates when extending taxes in the | ||||||
| 7 | taxing district for the last preceding levy year that resulted | ||||||
| 8 | in the over or under extension of taxes, or (ii) increased or | ||||||
| 9 | decreased the tax extension for the last preceding levy year | ||||||
| 10 | as required by Section 18-135(c). Whenever an adjustment is | ||||||
| 11 | required under Section 18-135, the aggregate extension base of | ||||||
| 12 | the taxing district shall be equal to the amount that the | ||||||
| 13 | aggregate extension of the taxing district would have been for | ||||||
| 14 | the last preceding levy year if either or both (i) actual, | ||||||
| 15 | rather than estimated, valuations or rates had been used to | ||||||
| 16 | calculate the extension of taxes for the last levy year, or | ||||||
| 17 | (ii) the tax extension for the last preceding levy year had not | ||||||
| 18 | been adjusted as required by subsection (c) of Section 18-135. | ||||||
| 19 | Notwithstanding any other provision of law, for levy year | ||||||
| 20 | 2012, the aggregate extension base for West Northfield School | ||||||
| 21 | District No. 31 in Cook County shall be $12,654,592. | ||||||
| 22 | Notwithstanding any other provision of law, for the | ||||||
| 23 | purpose of calculating the limiting rate for levy year 2023, | ||||||
| 24 | the last preceding aggregate extension base for Homewood | ||||||
| 25 | School District No. 153 in Cook County shall be $19,535,377. | ||||||
| 26 | Notwithstanding any other provision of law, for levy year | ||||||
| |||||||
| |||||||
| 1 | 2022, the aggregate extension base of a home equity assurance | ||||||
| 2 | program that levied at least $1,000,000 in property taxes in | ||||||
| 3 | levy year 2019 or 2020 under the Home Equity Assurance Act | ||||||
| 4 | shall be the amount that the program's aggregate extension | ||||||
| 5 | base for levy year 2021 would have been if the program had | ||||||
| 6 | levied a property tax for levy year 2021. | ||||||
| 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 | ||||||
| 11 | improvements or additions to existing improvements on any | ||||||
| 12 | parcel of real property that increase the assessed value of | ||||||
| 13 | that real property during the levy year multiplied by the | ||||||
| 14 | equalization factor issued by the Department under Section | ||||||
| 15 | 17-30, (ii) the assessed value, after final board of review or | ||||||
| 16 | board of appeals action, of real property not exempt from real | ||||||
| 17 | estate taxation, which real property was exempt from real | ||||||
| 18 | estate taxation for any portion of the immediately preceding | ||||||
| 19 | levy year, multiplied by the equalization factor issued by the | ||||||
| 20 | Department under Section 17-30, including the assessed value, | ||||||
| 21 | upon final stabilization of occupancy after new construction | ||||||
| 22 | is complete, of any real property located within the | ||||||
| 23 | boundaries of an otherwise or previously exempt military | ||||||
| 24 | reservation that is intended for residential use and owned by | ||||||
| 25 | or leased to a private corporation or other entity, (iii) in | ||||||
| 26 | counties that classify in accordance with Section 4 of Article | ||||||
| |||||||
| |||||||
| 1 | IX of the Illinois Constitution, an incentive property's | ||||||
| 2 | additional assessed value resulting from a scheduled increase | ||||||
| 3 | in the level of assessment as applied to the first year final | ||||||
| 4 | board of review market value, and (iv) any increase in | ||||||
| 5 | assessed value due to oil or gas production from an oil or gas | ||||||
| 6 | well required to be permitted under the Hydraulic Fracturing | ||||||
| 7 | Regulatory Act that was not produced in or accounted for | ||||||
| 8 | during the previous levy year. In addition, the county clerk | ||||||
| 9 | in a county containing a population of 3,000,000 or more shall | ||||||
| 10 | include in the 1997 recovered tax increment value for any | ||||||
| 11 | school district, any recovered tax increment value that was | ||||||
| 12 | applicable to the 1995 tax year calculations. | ||||||
| 13 | "Qualified airport authority" means an airport authority | ||||||
| 14 | organized under the Airport Authorities Act and located in a | ||||||
| 15 | county bordering on the State of Wisconsin and having a | ||||||
| 16 | population in excess of 200,000 and not greater than 500,000. | ||||||
| 17 | "Recovered tax increment value" means, except as otherwise | ||||||
| 18 | provided in this paragraph, the amount of the current year's | ||||||
| 19 | equalized assessed value, in the first year after a | ||||||
| 20 | municipality terminates the designation of an area as a | ||||||
| 21 | redevelopment project area previously established under the | ||||||
| 22 | Tax Increment Allocation Redevelopment Act in the Illinois | ||||||
| 23 | Municipal Code, previously established under the Industrial | ||||||
| 24 | Jobs Recovery Law in the Illinois Municipal Code, previously | ||||||
| 25 | established under the Economic Development Project Area Tax | ||||||
| 26 | Increment Act of 1995, or previously established under the | ||||||
| |||||||
| |||||||
| 1 | Economic Development Area Tax Increment Allocation Act, of | ||||||
| 2 | each taxable lot, block, tract, or parcel of real property in | ||||||
| 3 | the redevelopment project area over and above the initial | ||||||
| 4 | equalized assessed value of each property in the redevelopment | ||||||
| 5 | project area. For the taxes which are extended for the 1997 | ||||||
| 6 | levy year, the recovered tax increment value for a non-home | ||||||
| 7 | rule taxing district that first became subject to this Law for | ||||||
| 8 | the 1995 levy year because a majority of its 1994 equalized | ||||||
| 9 | assessed value was in an affected county or counties shall be | ||||||
| 10 | increased if a municipality terminated the designation of an | ||||||
| 11 | area in 1993 as a redevelopment project area previously | ||||||
| 12 | established under the Tax Increment Allocation Redevelopment | ||||||
| 13 | Act in the Illinois Municipal Code, previously established | ||||||
| 14 | under the Industrial Jobs Recovery Law in the Illinois | ||||||
| 15 | Municipal Code, or previously established under the Economic | ||||||
| 16 | Development Area Tax Increment Allocation Act, by an amount | ||||||
| 17 | equal to the 1994 equalized assessed value of each taxable | ||||||
| 18 | lot, block, tract, or parcel of real property in the | ||||||
| 19 | redevelopment project area over and above the initial | ||||||
| 20 | equalized assessed value of each property in the redevelopment | ||||||
| 21 | project area. In the first year after a municipality removes a | ||||||
| 22 | taxable lot, block, tract, or parcel of real property from a | ||||||
| 23 | redevelopment project area established under the Tax Increment | ||||||
| 24 | Allocation Redevelopment Act in the Illinois Municipal Code, | ||||||
| 25 | the Industrial Jobs Recovery Law in the Illinois Municipal | ||||||
| 26 | Code, or the Economic Development Area Tax Increment | ||||||
| |||||||
| |||||||
| 1 | Allocation Act, "recovered tax increment value" means the | ||||||
| 2 | amount of the current year's equalized assessed value of each | ||||||
| 3 | taxable lot, block, tract, or parcel of real property removed | ||||||
| 4 | from the redevelopment project area over and above the initial | ||||||
| 5 | equalized assessed value of that real property before removal | ||||||
| 6 | from the redevelopment project area. | ||||||
| 7 | Except as otherwise provided in this Section, "limiting | ||||||
| 8 | rate" means a fraction the numerator of which is the last | ||||||
| 9 | preceding aggregate extension base times an amount equal to | ||||||
| 10 | one plus the extension limitation defined in this Section and | ||||||
| 11 | the denominator of which is the current year's equalized | ||||||
| 12 | assessed value of all real property in the territory under the | ||||||
| 13 | jurisdiction of the taxing district during the prior levy | ||||||
| 14 | year. For those taxing districts that reduced their aggregate | ||||||
| 15 | extension for the last preceding levy year, except for school | ||||||
| 16 | districts that reduced their extension for educational | ||||||
| 17 | purposes pursuant to Section 18-206, the highest aggregate | ||||||
| 18 | extension in any of the last 3 preceding levy years shall be | ||||||
| 19 | used for the purpose of computing the limiting rate. The | ||||||
| 20 | denominator shall not include new property or the recovered | ||||||
| 21 | tax increment value. If a new rate, a rate decrease, or a | ||||||
| 22 | limiting rate increase has been approved at an election held | ||||||
| 23 | after March 21, 2006, then (i) the otherwise applicable | ||||||
| 24 | limiting rate shall be increased by the amount of the new rate | ||||||
| 25 | or shall be reduced by the amount of the rate decrease, as the | ||||||
| 26 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
| |||||||
| |||||||
| 1 | the limiting rate shall be equal to the rate set forth in the | ||||||
| 2 | proposition approved by the voters for each of the years | ||||||
| 3 | specified in the proposition, after which the limiting rate of | ||||||
| 4 | the taxing district shall be calculated as otherwise provided. | ||||||
| 5 | In the case of a taxing district that obtained referendum | ||||||
| 6 | approval for an increased limiting rate on March 20, 2012, the | ||||||
| 7 | limiting rate for tax year 2012 shall be the rate that | ||||||
| 8 | generates the approximate total amount of taxes extendable for | ||||||
| 9 | that tax year, as set forth in the proposition approved by the | ||||||
| 10 | voters; this rate shall be the final rate applied by the county | ||||||
| 11 | clerk for the aggregate of all capped funds of the district for | ||||||
| 12 | tax year 2012. | ||||||
| 13 | (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21; | ||||||
| 14 | 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff. | ||||||
| 15 | 4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; | ||||||
| 16 | 103-154, eff. 6-30-23; 103-587, eff. 5-28-24; 103-591, eff. | ||||||
| 17 | 7-1-24; 103-592, eff. 6-7-24; revised 7-9-24.)
| ||||||
| 18 | (35 ILCS 200/18-250) | ||||||
| 19 | Sec. 18-250. Additions to forfeited taxes and unpaid | ||||||
| 20 | special assessments; fee for estimate. | ||||||
| 21 | (a) When any property has been forfeited for taxes or | ||||||
| 22 | special assessments, the clerk shall compute the amount of | ||||||
| 23 | back taxes and special assessments, interest, statutory costs, | ||||||
| 24 | and printer's fees remaining due, with one year's interest on | ||||||
| 25 | all taxes forfeited, and enter them upon the collector's books | ||||||
| |||||||
| |||||||
| 1 | as separate items. Except as otherwise provided in Section | ||||||
| 2 | 21-375, the aggregate so computed shall be collected in the | ||||||
| 3 | same manner as the taxes on other property for that year. The | ||||||
| 4 | county clerk shall examine the forfeitures, and strike all | ||||||
| 5 | errors and make corrections as necessary. For counties with | ||||||
| 6 | fewer than 3,000,000 inhabitants, interest added to | ||||||
| 7 | forfeitures under this Section shall be at the rate of 12% per | ||||||
| 8 | year. For counties with 3,000,000 or more inhabitants, | ||||||
| 9 | interest added to forfeitures under this Section shall accrue | ||||||
| 10 | at the rate of (i) 12% per year if the forfeiture is for a tax | ||||||
| 11 | year before tax year 2023 or (ii) 0.75% per month, or portion | ||||||
| 12 | thereof, if the forfeiture is for tax year 2023 or any tax year | ||||||
| 13 | thereafter. | ||||||
| 14 | (b) In counties with 3,000,000 or more inhabitants, taxes | ||||||
| 15 | first extended for prior years, or previously extended for | ||||||
| 16 | prior years for which application for judgment and order of | ||||||
| 17 | sale is not already pending, shall be added to the tax of the | ||||||
| 18 | current year, with interest and costs as provided by law. | ||||||
| 19 | Forfeitures shall not be so added, but they shall remain a lien | ||||||
| 20 | on the property upon which they were charged until paid or sold | ||||||
| 21 | as provided by law. There shall be added to such forfeitures | ||||||
| 22 | annually the same interest as would be added if forfeited | ||||||
| 23 | annually, until paid or sold, and the addition of each year's | ||||||
| 24 | interest shall be considered a separate forfeiture. | ||||||
| 25 | Forfeitures may be redeemed in the manner provided in Section | ||||||
| 26 | 21-370 or 21-375. Taxes and special assessments for which | ||||||
| |||||||
| |||||||
| 1 | application for judgment and order of sale is pending, or | ||||||
| 2 | entered but not enforced for any reason, shall not be added to | ||||||
| 3 | the tax for the current year. However, if the taxes and special | ||||||
| 4 | assessments remain unpaid, the property, shall be advertised | ||||||
| 5 | and sold under judgments and orders of sale to be entered in | ||||||
| 6 | pending applications, or already entered in prior | ||||||
| 7 | applications, including judgments and orders of sale under | ||||||
| 8 | which the purchaser fails to complete his or her purchase. | ||||||
| 9 | (c) In counties with 3,000,000 or more inhabitants, on or | ||||||
| 10 | before January 1, 2001 and during each year thereafter, the | ||||||
| 11 | county clerk shall compute the amount of taxes on each | ||||||
| 12 | property that remain due or forfeited for any year prior to the | ||||||
| 13 | current year and have not become subject to Sections 20-180 | ||||||
| 14 | through 20-190, and the clerk shall enter the same upon the | ||||||
| 15 | collector's warrant books of the current and all following | ||||||
| 16 | years as separate items in a suitable column. The county clerk | ||||||
| 17 | shall examine the collector's warrant books and the Tax | ||||||
| 18 | Judgment, Sale, Redemption and Forfeiture records for the | ||||||
| 19 | appropriate years and may take any other actions as the clerk | ||||||
| 20 | finds to be necessary or convenient in order to comply with | ||||||
| 21 | this subsection. On and after January 1, 2001, any taxes for | ||||||
| 22 | any year remaining due or forfeited against real property in | ||||||
| 23 | such county not entered on the current collector's warrant | ||||||
| 24 | books shall be deemed uncollectible and void, but shall not be | ||||||
| 25 | subject to the posting or other requirements of Sections | ||||||
| 26 | 20-180 through 20-190. | ||||||
| |||||||
| |||||||
| 1 | (d) In counties with 100,000 or more inhabitants, the | ||||||
| 2 | county clerk shall, when making the annual collector's books, | ||||||
| 3 | in a suitable column, insert and designate previous | ||||||
| 4 | forfeitures of general taxes by the word "forfeiture", to be | ||||||
| 5 | stamped opposite each property forfeited at the last previous | ||||||
| 6 | tax sale for general taxes and not redeemed or purchased | ||||||
| 7 | previous to the completion of the collector's books. The | ||||||
| 8 | collectors of general taxes shall stamp upon all bills | ||||||
| 9 | rendered and receipts given the information on the collector's | ||||||
| 10 | books regarding forfeiture of general taxes, and the stamped | ||||||
| 11 | notation shall also refer the recipient to the county clerk | ||||||
| 12 | for full information. The county clerk shall be allowed to | ||||||
| 13 | collect from the person requesting an estimate of costs of | ||||||
| 14 | redemption of a forfeited property, the fee provided by law. | ||||||
| 15 | (Source: P.A. 103-555, eff. 1-1-24; revised 7-22-24.)
| ||||||
| 16 | (35 ILCS 200/22-15) | ||||||
| 17 | Sec. 22-15. Service of notice. The purchaser or his or her | ||||||
| 18 | assignee shall give the notice required by Section 22-10 by | ||||||
| 19 | causing it to be published in a newspaper as set forth in | ||||||
| 20 | Section 22-20. In addition, the notice shall be served upon | ||||||
| 21 | owners who reside on any part of the subject property by | ||||||
| 22 | leaving a copy of the notice with those owners personally. The | ||||||
| 23 | notice must be served by a sheriff (or if he or she is | ||||||
| 24 | disqualified, by a coroner) of the county in which the | ||||||
| 25 | property, or any part thereof, is located or, by a person who | ||||||
| |||||||
| |||||||
| 1 | is licensed or registered as a private detective under the | ||||||
| 2 | Private Detective, Private Alarm, Private Security, | ||||||
| 3 | Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
| 4 | In counties of 3,000,000 or more inhabitants, if the | ||||||
| 5 | notice required by Section 22-10 is to be served by the | ||||||
| 6 | sheriff, no sale in error may be declared pursuant to Section | ||||||
| 7 | 22-50 or subparagraph (5) of subsection (a) of Section 21-310 | ||||||
| 8 | based upon the sheriff's failure to serve the notice in | ||||||
| 9 | accordance with this Section unless the notice and service | ||||||
| 10 | list for the first service attempt is delivered by the | ||||||
| 11 | purchaser or assignee to the sheriff at least 5 months prior to | ||||||
| 12 | the expiration of the period of redemption. Purchasers or | ||||||
| 13 | assignees may request that the sheriff make additional service | ||||||
| 14 | attempts to the same entities and locations, and the sheriff | ||||||
| 15 | may make those additional attempts within the noticing period | ||||||
| 16 | established in Section 22-10, but the sheriff's failure to | ||||||
| 17 | make such additional service attempts is not grounds for a | ||||||
| 18 | sale in error under Section 22-50 or subparagraph (5) of | ||||||
| 19 | subsection (a) of Section 21-310. | ||||||
| 20 | In counties of 3,000,000 or more inhabitants, if the | ||||||
| 21 | purchaser or assignee requests that the sheriff make an | ||||||
| 22 | additional service attempt upon an entity or to a location | ||||||
| 23 | that was not included on the service list for the first | ||||||
| 24 | attempt, then the purchaser or assignee must deliver the | ||||||
| 25 | notice and service list for the additional service attempt to | ||||||
| 26 | the sheriff at least 4 months before the expiration of the | ||||||
| |||||||
| |||||||
| 1 | period of redemption. If the purchaser or assignee delivers | ||||||
| 2 | the notice and service list for an additional service attempt | ||||||
| 3 | upon an entity or to a location that was not included on the | ||||||
| 4 | service list for the first attempt to the sheriff at least 4 | ||||||
| 5 | months before the expiration of the period of redemption, then | ||||||
| 6 | the sheriff's failure to serve the notice in accordance with | ||||||
| 7 | this Section may be grounds for a sale in error under Section | ||||||
| 8 | 22-50 but not under subparagraph (5) of subsection (a) of | ||||||
| 9 | Section 21-310. If the purchaser or assignee fails to deliver | ||||||
| 10 | the notice and service list for an additional service attempt | ||||||
| 11 | upon an entity or to a location that was not included on the | ||||||
| 12 | first service list to the sheriff at least 4 months prior to | ||||||
| 13 | the expiration of the period of redemption, then the sheriff's | ||||||
| 14 | failure to serve that additional notice in accordance with | ||||||
| 15 | this Section is not grounds for a sale in error under either | ||||||
| 16 | Section 22-50 or subparagraph (5) of subsection (a) of Section | ||||||
| 17 | 21-310. | ||||||
| 18 | In counties of 3,000,000 or more inhabitants where a | ||||||
| 19 | taxing district is a petitioner for tax deed pursuant to | ||||||
| 20 | Section 21-90, in lieu of service by the sheriff or coroner the | ||||||
| 21 | notice may be served by a special process server appointed by | ||||||
| 22 | the circuit court as provided in this Section. The taxing | ||||||
| 23 | district may move prior to filing one or more petitions for tax | ||||||
| 24 | deed for appointment of such a special process server. The | ||||||
| 25 | court, upon being satisfied that the person named in the | ||||||
| 26 | motion is at least 18 years of age and is capable of serving | ||||||
| |||||||
| |||||||
| 1 | notice as required under this Code, shall enter an order | ||||||
| 2 | appointing such person as a special process server for a | ||||||
| 3 | period of one year. The appointment may be renewed for | ||||||
| 4 | successive periods of one year each by motion and order, and a | ||||||
| 5 | copy of the original and any subsequent order shall be filed in | ||||||
| 6 | each tax deed case in which a notice is served by the appointed | ||||||
| 7 | person. Delivery of the notice to and service of the notice by | ||||||
| 8 | the special process server shall have the same force and | ||||||
| 9 | effect as its delivery to and service by the sheriff or | ||||||
| 10 | coroner. | ||||||
| 11 | The same form of notice shall also be served, in the manner | ||||||
| 12 | set forth under Sections 2-203, 2-204, 2-205, 2-205.1, and | ||||||
| 13 | 2-211 of the Code of Civil Procedure, upon all other owners and | ||||||
| 14 | parties interested in the property, if upon diligent inquiry | ||||||
| 15 | they can be found in the county, and upon the occupants of the | ||||||
| 16 | property. | ||||||
| 17 | If the property sold has more than 4 dwellings or other | ||||||
| 18 | rental units, and has a managing agent or party who collects | ||||||
| 19 | rents, that person shall be deemed the occupant and shall be | ||||||
| 20 | served with notice instead of the occupants of the individual | ||||||
| 21 | units. If the property has no dwellings or rental units, but | ||||||
| 22 | economic or recreational activities are carried on therein, | ||||||
| 23 | the person directing such activities shall be deemed the | ||||||
| 24 | occupant. Holders of rights of entry and possibilities of | ||||||
| 25 | reverter shall not be deemed parties interested in the | ||||||
| 26 | property. | ||||||
| |||||||
| |||||||
| 1 | When a party interested in the property is a trustee, | ||||||
| 2 | notice served upon the trustee shall be deemed to have been | ||||||
| 3 | served upon any beneficiary or note holder thereunder unless | ||||||
| 4 | the holder of the note is disclosed of record. | ||||||
| 5 | When a judgment is a lien upon the property sold, the | ||||||
| 6 | holder of the lien shall be served with notice if the name of | ||||||
| 7 | the judgment debtor as shown in the transcript, certified copy | ||||||
| 8 | or memorandum of judgment filed of record is identical, as to | ||||||
| 9 | given name and surname, with the name of the party interested | ||||||
| 10 | as it appears of record. | ||||||
| 11 | If any owner or party interested, upon diligent inquiry | ||||||
| 12 | and effort, cannot be found or served with notice in the county | ||||||
| 13 | as provided in this Section, and the person in actual | ||||||
| 14 | occupancy and possession is tenant to, or in possession under | ||||||
| 15 | the owners or the parties interested in the property, then | ||||||
| 16 | service of notice upon the tenant, occupant or person in | ||||||
| 17 | possession shall be deemed service upon the owners or parties | ||||||
| 18 | interested. | ||||||
| 19 | If any owner or party interested, upon diligent inquiry | ||||||
| 20 | and effort, cannot be found or served with notice in the | ||||||
| 21 | county, then the person making the service shall cause a copy | ||||||
| 22 | of the notice to be sent by registered or certified mail, | ||||||
| 23 | return receipt requested, to that party at his or her | ||||||
| 24 | residence, if ascertainable. | ||||||
| 25 | The changes to this Section made by Public Act 95-477 | ||||||
| 26 | apply only to matters in which a petition for tax deed is filed | ||||||
| |||||||
| |||||||
| 1 | on or after June 1, 2008 (the effective date of Public Act | ||||||
| 2 | 95-477). | ||||||
| 3 | (Source: P.A. 103-555, eff. 1-1-24; revised 8-6-24.)
| ||||||
| 4 | (35 ILCS 200/22-40) | ||||||
| 5 | Sec. 22-40. Issuance of deed; possession. | ||||||
| 6 | (a) To obtain an order for issuance of tax deed, the | ||||||
| 7 | petitioner must provide sufficient evidence that: | ||||||
| 8 | (1) the redemption period has expired and the property | ||||||
| 9 | has not been redeemed; | ||||||
| 10 | (2) all taxes and special assessments which became due | ||||||
| 11 | and payable subsequent to the sale have been paid, unless | ||||||
| 12 | the county or its agent, as trustee pursuant to Section | ||||||
| 13 | 21-90, is the petitioner; | ||||||
| 14 | (3) all forfeitures and sales which occur subsequent | ||||||
| 15 | to the sale are paid or redeemed, unless the county or its | ||||||
| 16 | agent, as trustee pursuant to Section 21-90, is the | ||||||
| 17 | petitioner; | ||||||
| 18 | (4) the notices required by law have been given, and | ||||||
| 19 | all advancements of public funds under the police power | ||||||
| 20 | made by a county, city, village, or town under Section | ||||||
| 21 | 22-35 have been paid; and | ||||||
| 22 | (5) the petitioner has complied with all the | ||||||
| 23 | provisions of law entitling him or her to a deed. | ||||||
| 24 | Upon receipt of sufficient evidence of the requirements | ||||||
| 25 | under this subsection (a), the court shall find that the | ||||||
| |||||||
| |||||||
| 1 | petitioner complied with those requirements and shall enter an | ||||||
| 2 | order directing the county clerk, on the production of the tax | ||||||
| 3 | certificate and a certified copy of the order, to issue to the | ||||||
| 4 | purchaser or its assignee a tax deed. The court shall insist on | ||||||
| 5 | strict compliance with Section 22-10 through 22-25. Prior to | ||||||
| 6 | the entry of an order directing the issuance of a tax deed, the | ||||||
| 7 | petitioner shall furnish the court with a report of | ||||||
| 8 | proceedings of the evidence received on the application for | ||||||
| 9 | tax deed and the report of proceedings shall be filed and made | ||||||
| 10 | a part of the court record. | ||||||
| 11 | (b) Except as provided in subsection (e), if taxes for | ||||||
| 12 | years prior to the year or years sold are or become delinquent | ||||||
| 13 | subsequent to the date of sale, the court shall find that the | ||||||
| 14 | lien of those delinquent taxes has been or will be merged into | ||||||
| 15 | the tax deed grantee's title if the court determines that the | ||||||
| 16 | tax deed grantee or any prior holder of the certificate of | ||||||
| 17 | purchase, or any person or entity under common ownership or | ||||||
| 18 | control with any such grantee or prior holder of the | ||||||
| 19 | certificate of purchase, was at no time the holder of any | ||||||
| 20 | certificate of purchase for the years sought to be merged. If | ||||||
| 21 | delinquent taxes are merged into the tax deed pursuant to this | ||||||
| 22 | subsection, the court shall enter an order declaring which | ||||||
| 23 | specific taxes have been or will be merged into the tax deed | ||||||
| 24 | title and directing the county treasurer and county clerk to | ||||||
| 25 | reflect that declaration in the warrant and judgment records; | ||||||
| 26 | provided, that no such order shall be effective until a tax | ||||||
| |||||||
| |||||||
| 1 | deed has been issued and timely recorded. Nothing contained in | ||||||
| 2 | this Section shall relieve any owner liable for delinquent | ||||||
| 3 | property taxes under this Code from the payment of the taxes | ||||||
| 4 | that have been merged into the title upon issuance of the tax | ||||||
| 5 | deed. | ||||||
| 6 | (c) The county clerk is entitled to a fee of $10 in | ||||||
| 7 | counties of 3,000,000 or more inhabitants and $5 in counties | ||||||
| 8 | with less than 3,000,000 inhabitants for the issuance of the | ||||||
| 9 | tax deed, with the exception of deeds issued to the county | ||||||
| 10 | pursuant to its authority under Section 21-90. The clerk may | ||||||
| 11 | not include in a tax deed more than one property as listed, | ||||||
| 12 | assessed and sold in one description, except in cases where | ||||||
| 13 | several properties are owned by one person. | ||||||
| 14 | Upon application, the court shall, enter an order to place | ||||||
| 15 | the tax deed grantee or the grantee's successor in interest in | ||||||
| 16 | possession of the property and may enter orders and grant | ||||||
| 17 | relief as may be necessary or desirable to maintain the | ||||||
| 18 | grantee or the grantee's successor in interest in possession. | ||||||
| 19 | (d) The court shall retain jurisdiction to enter orders | ||||||
| 20 | pursuant to subsections (b) and (c) of this Section. Public | ||||||
| 21 | Act 92-223 This amendatory Act of the 92nd General Assembly | ||||||
| 22 | and Public Act 95-477 this amendatory Act of the 95th General | ||||||
| 23 | Assembly shall be construed as being declarative of existing | ||||||
| 24 | law and not as a new enactment. | ||||||
| 25 | (e) Prior to the issuance of any tax deed under this | ||||||
| 26 | Section, the petitioner must redeem all taxes and special | ||||||
| |||||||
| |||||||
| 1 | assessments on the property that are subject to a pending tax | ||||||
| 2 | petition filed by a county or its assignee pursuant to Section | ||||||
| 3 | 21-90. | ||||||
| 4 | (f) If, for any reason, a purchaser fails to obtain an | ||||||
| 5 | order for tax deed within the required time period and no sale | ||||||
| 6 | in error was granted or redemption paid, then the certificate | ||||||
| 7 | shall be forfeited to the county, as trustee, pursuant to | ||||||
| 8 | Section 21-90. | ||||||
| 9 | (Source: P.A. 103-555, eff. 1-1-24; revised 8-5-24.)
| ||||||
| 10 | Section 325. The Telecommunications Excise Tax Act is | ||||||
| 11 | amended by changing Section 2 as follows:
| ||||||
| 12 | (35 ILCS 630/2) (from Ch. 120, par. 2002) | ||||||
| 13 | Sec. 2. As used in this Article, unless the context | ||||||
| 14 | clearly requires otherwise: | ||||||
| 15 | (a) "Gross charge" means the amount paid for the act or | ||||||
| 16 | privilege of originating or receiving telecommunications in | ||||||
| 17 | this State and for all services and equipment provided in | ||||||
| 18 | connection therewith by a retailer, valued in money whether | ||||||
| 19 | paid in money or otherwise, including cash, credits, services, | ||||||
| 20 | and property of every kind or nature, and shall be determined | ||||||
| 21 | without any deduction on account of the cost of such | ||||||
| 22 | telecommunications, the cost of materials used, labor or | ||||||
| 23 | service costs, or any other expense whatsoever. In case credit | ||||||
| 24 | is extended, the amount thereof shall be included only as and | ||||||
| |||||||
| |||||||
| 1 | when paid. "Gross charges" for private line service shall | ||||||
| 2 | include charges imposed at each channel termination point | ||||||
| 3 | within this State, charges for the channel mileage between | ||||||
| 4 | each channel termination point within this State, and charges | ||||||
| 5 | for that portion of the interstate inter-office channel | ||||||
| 6 | provided within Illinois. Charges for that portion of the | ||||||
| 7 | interstate inter-office channel provided in Illinois shall be | ||||||
| 8 | determined by the retailer as follows: (i) for interstate | ||||||
| 9 | inter-office channels having 2 channel termination points, | ||||||
| 10 | only one of which is in Illinois, 50% of the total charge | ||||||
| 11 | imposed; or (ii) for interstate inter-office channels having | ||||||
| 12 | more than 2 channel termination points, one or more of which | ||||||
| 13 | are in Illinois, an amount equal to the total charge | ||||||
| 14 | multiplied by a fraction, the numerator of which is the number | ||||||
| 15 | of channel termination points within Illinois and the | ||||||
| 16 | denominator of which is the total number of channel | ||||||
| 17 | termination points. Prior to January 1, 2004, any method | ||||||
| 18 | consistent with this paragraph or other method that reasonably | ||||||
| 19 | apportions the total charges for interstate inter-office | ||||||
| 20 | channels among the states in which channel terminations points | ||||||
| 21 | are located shall be accepted as a reasonable method to | ||||||
| 22 | determine the charges for that portion of the interstate | ||||||
| 23 | inter-office channel provided within Illinois for that period. | ||||||
| 24 | However, "gross charges" shall not include any of the | ||||||
| 25 | following: | ||||||
| 26 | (1) Any amounts added to a purchaser's bill because of | ||||||
| |||||||
| |||||||
| 1 | a charge made pursuant to (i) the tax imposed by this | ||||||
| 2 | Article; (ii) charges added to customers' bills pursuant | ||||||
| 3 | to the provisions of Section Sections 9-221 or 9-222 of | ||||||
| 4 | the Public Utilities Act, as amended, or any similar | ||||||
| 5 | charges added to customers' bills by retailers who are not | ||||||
| 6 | subject to rate regulation by the Illinois Commerce | ||||||
| 7 | Commission for the purpose of recovering any of the tax | ||||||
| 8 | liabilities or other amounts specified in such provisions | ||||||
| 9 | of such Act; (iii) the tax imposed by Section 4251 of the | ||||||
| 10 | Internal Revenue Code; (iv) 911 surcharges; or (v) the tax | ||||||
| 11 | imposed by the Simplified Municipal Telecommunications Tax | ||||||
| 12 | Act. | ||||||
| 13 | (2) Charges for a sent collect telecommunication | ||||||
| 14 | received outside of the State. | ||||||
| 15 | (3) Charges for leased time on equipment or charges | ||||||
| 16 | for the storage of data or information for subsequent | ||||||
| 17 | retrieval or the processing of data or information | ||||||
| 18 | intended to change its form or content. Such equipment | ||||||
| 19 | includes, but is not limited to, the use of calculators, | ||||||
| 20 | computers, data processing equipment, tabulating | ||||||
| 21 | equipment, or accounting equipment and also includes the | ||||||
| 22 | usage of computers under a time-sharing agreement. | ||||||
| 23 | (4) Charges for customer equipment, including such | ||||||
| 24 | equipment that is leased or rented by the customer from | ||||||
| 25 | any source, wherein such charges are disaggregated and | ||||||
| 26 | separately identified from other charges. | ||||||
| |||||||
| |||||||
| 1 | (5) Charges to business enterprises certified under | ||||||
| 2 | Section 9-222.1 of the Public Utilities Act, as amended, | ||||||
| 3 | or under Section 95 of the Reimagining Energy and Vehicles | ||||||
| 4 | in Illinois Act, to the extent of such exemption and | ||||||
| 5 | during the period of time specified by the Department of | ||||||
| 6 | Commerce and Economic Opportunity. | ||||||
| 7 | (5.1) Charges to business enterprises certified under | ||||||
| 8 | the Manufacturing Illinois Chips for Real Opportunity | ||||||
| 9 | (MICRO) Act, to the extent of the exemption and during the | ||||||
| 10 | period of time specified by the Department of Commerce and | ||||||
| 11 | Economic Opportunity. | ||||||
| 12 | (5.2) Charges to entities certified under Section | ||||||
| 13 | 605-1115 of the Department of Commerce and Economic | ||||||
| 14 | Opportunity Law of the Civil Administrative Code of | ||||||
| 15 | Illinois to the extent of the exemption and during the | ||||||
| 16 | period of time specified by the Department of Commerce and | ||||||
| 17 | Economic Opportunity. | ||||||
| 18 | (6) Charges for telecommunications and all services | ||||||
| 19 | and equipment provided in connection therewith between a | ||||||
| 20 | parent corporation and its wholly owned subsidiaries or | ||||||
| 21 | between wholly owned subsidiaries when the tax imposed | ||||||
| 22 | under this Article has already been paid to a retailer and | ||||||
| 23 | only to the extent that the charges between the parent | ||||||
| 24 | corporation and wholly owned subsidiaries or between | ||||||
| 25 | wholly owned subsidiaries represent expense allocation | ||||||
| 26 | between the corporations and not the generation of profit | ||||||
| |||||||
| |||||||
| 1 | for the corporation rendering such service. | ||||||
| 2 | (7) Bad debts. Bad debt means any portion of a debt | ||||||
| 3 | that is related to a sale at retail for which gross charges | ||||||
| 4 | are not otherwise deductible or excludable that has become | ||||||
| 5 | worthless or uncollectable, as determined under applicable | ||||||
| 6 | federal income tax standards. If the portion of the debt | ||||||
| 7 | deemed to be bad is subsequently paid, the retailer shall | ||||||
| 8 | report and pay the tax on that portion during the | ||||||
| 9 | reporting period in which the payment is made. | ||||||
| 10 | (8) Charges paid by inserting coins in coin-operated | ||||||
| 11 | telecommunication devices. | ||||||
| 12 | (9) Amounts paid by telecommunications retailers under | ||||||
| 13 | the Telecommunications Municipal Infrastructure | ||||||
| 14 | Maintenance Fee Act. | ||||||
| 15 | (10) Charges for nontaxable services or | ||||||
| 16 | telecommunications if (i) those charges are aggregated | ||||||
| 17 | with other charges for telecommunications that are | ||||||
| 18 | taxable, (ii) those charges are not separately stated on | ||||||
| 19 | the customer bill or invoice, and (iii) the retailer can | ||||||
| 20 | reasonably identify the nontaxable charges on the | ||||||
| 21 | retailer's books and records kept in the regular course of | ||||||
| 22 | business. If the nontaxable charges cannot reasonably be | ||||||
| 23 | identified, the gross charge from the sale of both taxable | ||||||
| 24 | and nontaxable services or telecommunications billed on a | ||||||
| 25 | combined basis shall be attributed to the taxable services | ||||||
| 26 | or telecommunications. The burden of proving nontaxable | ||||||
| |||||||
| |||||||
| 1 | charges shall be on the retailer of the | ||||||
| 2 | telecommunications. | ||||||
| 3 | (b) "Amount paid" means the amount charged to the | ||||||
| 4 | taxpayer's service address in this State regardless of where | ||||||
| 5 | such amount is billed or paid. | ||||||
| 6 | (c) "Telecommunications", in addition to the meaning | ||||||
| 7 | ordinarily and popularly ascribed to it, includes, without | ||||||
| 8 | limitation, messages or information transmitted through use of | ||||||
| 9 | local, toll, and wide area telephone service; private line | ||||||
| 10 | services; channel services; telegraph services; | ||||||
| 11 | teletypewriter; computer exchange services; cellular mobile | ||||||
| 12 | telecommunications service; specialized mobile radio; | ||||||
| 13 | stationary 2-way two way radio; paging service; or any other | ||||||
| 14 | form of mobile and portable one-way or 2-way two-way | ||||||
| 15 | communications; or any other transmission of messages or | ||||||
| 16 | information by electronic or similar means, between or among | ||||||
| 17 | points by wire, cable, fiber optics fiber-optics, laser, | ||||||
| 18 | microwave, radio, satellite, or similar facilities. As used in | ||||||
| 19 | this Act, "private line" means a dedicated non-traffic | ||||||
| 20 | sensitive service for a single customer, that entitles the | ||||||
| 21 | customer to exclusive or priority use of a communications | ||||||
| 22 | channel or group of channels, from one or more specified | ||||||
| 23 | locations to one or more other specified locations. The | ||||||
| 24 | definition of "telecommunications" shall not include value | ||||||
| 25 | added services in which computer processing applications are | ||||||
| 26 | used to act on the form, content, code, and protocol of the | ||||||
| |||||||
| |||||||
| 1 | information for purposes other than transmission. | ||||||
| 2 | "Telecommunications" shall not include purchases of | ||||||
| 3 | telecommunications by a telecommunications service provider | ||||||
| 4 | for use as a component part of the service provided by him to | ||||||
| 5 | the ultimate retail consumer who originates or terminates the | ||||||
| 6 | taxable end-to-end communications. Carrier access charges, | ||||||
| 7 | right of access charges, charges for use of inter-company | ||||||
| 8 | facilities, and all telecommunications resold in the | ||||||
| 9 | subsequent provision of, used as a component of, or integrated | ||||||
| 10 | into end-to-end telecommunications service shall be | ||||||
| 11 | non-taxable as sales for resale. | ||||||
| 12 | (d) "Interstate telecommunications" means all | ||||||
| 13 | telecommunications that either originate or terminate outside | ||||||
| 14 | this State. | ||||||
| 15 | (e) "Intrastate telecommunications" means all | ||||||
| 16 | telecommunications that originate and terminate within this | ||||||
| 17 | State. | ||||||
| 18 | (f) "Department" means the Department of Revenue of the | ||||||
| 19 | State of Illinois. | ||||||
| 20 | (g) "Director" means the Director of Revenue for the | ||||||
| 21 | Department of Revenue of the State of Illinois. | ||||||
| 22 | (h) "Taxpayer" means a person who individually or through | ||||||
| 23 | his agents, employees, or permittees engages in the act or | ||||||
| 24 | privilege of originating or receiving telecommunications in | ||||||
| 25 | this State and who incurs a tax liability under this Article. | ||||||
| 26 | (i) "Person" means any natural individual, firm, trust, | ||||||
| |||||||
| |||||||
| 1 | estate, partnership, association, joint stock company, joint | ||||||
| 2 | venture, corporation, limited liability company, or a | ||||||
| 3 | receiver, trustee, guardian or other representative appointed | ||||||
| 4 | by order of any court, the federal Federal and State | ||||||
| 5 | governments, including State universities created by statute | ||||||
| 6 | or any city, town, county, or other political subdivision of | ||||||
| 7 | this State. | ||||||
| 8 | (j) "Purchase at retail" means the acquisition, | ||||||
| 9 | consumption, or use of telecommunication through a sale at | ||||||
| 10 | retail. | ||||||
| 11 | (k) "Sale at retail" means the transmitting, supplying, or | ||||||
| 12 | furnishing of telecommunications and all services and | ||||||
| 13 | equipment provided in connection therewith for a consideration | ||||||
| 14 | to persons other than the federal Federal and State | ||||||
| 15 | governments, and State universities created by statute and | ||||||
| 16 | other than between a parent corporation and its wholly owned | ||||||
| 17 | subsidiaries or between wholly owned subsidiaries for their | ||||||
| 18 | use or consumption and not for resale. | ||||||
| 19 | (l) "Retailer" means and includes every person engaged in | ||||||
| 20 | the business of making sales at retail as defined in this | ||||||
| 21 | Article. The Department may, in its discretion, upon | ||||||
| 22 | application, authorize the collection of the tax hereby | ||||||
| 23 | imposed by any retailer not maintaining a place of business | ||||||
| 24 | within this State, who, to the satisfaction of the Department, | ||||||
| 25 | furnishes adequate security to insure collection and payment | ||||||
| 26 | of the tax. Such retailer shall be issued, without charge, a | ||||||
| |||||||
| |||||||
| 1 | permit to collect such tax. When so authorized, it shall be the | ||||||
| 2 | duty of such retailer to collect the tax upon all of the gross | ||||||
| 3 | charges for telecommunications in this State in the same | ||||||
| 4 | manner and subject to the same requirements as a retailer | ||||||
| 5 | maintaining a place of business within this State. The permit | ||||||
| 6 | may be revoked by the Department at its discretion. | ||||||
| 7 | (m) "Retailer maintaining a place of business in this | ||||||
| 8 | State", or any like term, means and includes any retailer | ||||||
| 9 | having or maintaining within this State, directly or by a | ||||||
| 10 | subsidiary, an office, distribution facilities, transmission | ||||||
| 11 | facilities, sales office, warehouse or other place of | ||||||
| 12 | business, or any agent or other representative operating | ||||||
| 13 | within this State under the authority of the retailer or its | ||||||
| 14 | subsidiary, irrespective of whether such place of business or | ||||||
| 15 | agent or other representative is located here permanently or | ||||||
| 16 | temporarily, or whether such retailer or subsidiary is | ||||||
| 17 | licensed to do business in this State. | ||||||
| 18 | (n) "Service address" means the location of | ||||||
| 19 | telecommunications equipment from which the telecommunications | ||||||
| 20 | services are originated or at which telecommunications | ||||||
| 21 | services are received by a taxpayer. In the event this may not | ||||||
| 22 | be a defined location, as in the case of mobile phones, paging | ||||||
| 23 | systems, maritime systems, "service address" means the | ||||||
| 24 | customer's place of primary use as defined in the Mobile | ||||||
| 25 | Telecommunications Sourcing Conformity Act. For air-to-ground | ||||||
| 26 | systems and the like, "service address" shall mean the | ||||||
| |||||||
| |||||||
| 1 | location of a taxpayer's primary use of the telecommunications | ||||||
| 2 | equipment as defined by telephone number, authorization code, | ||||||
| 3 | or location in Illinois where bills are sent. | ||||||
| 4 | (o) "Prepaid telephone calling arrangements" mean the | ||||||
| 5 | right to exclusively purchase telephone or telecommunications | ||||||
| 6 | services that must be paid for in advance and enable the | ||||||
| 7 | origination of one or more intrastate, interstate, or | ||||||
| 8 | international telephone calls or other telecommunications | ||||||
| 9 | using an access number, an authorization code, or both, | ||||||
| 10 | whether manually or electronically dialed, for which payment | ||||||
| 11 | to a retailer must be made in advance, provided that, unless | ||||||
| 12 | recharged, no further service is provided once that prepaid | ||||||
| 13 | amount of service has been consumed. Prepaid telephone calling | ||||||
| 14 | arrangements include the recharge of a prepaid calling | ||||||
| 15 | arrangement. For purposes of this subsection, "recharge" means | ||||||
| 16 | the purchase of additional prepaid telephone or | ||||||
| 17 | telecommunications services whether or not the purchaser | ||||||
| 18 | acquires a different access number or authorization code. | ||||||
| 19 | "Prepaid telephone calling arrangement" does not include an | ||||||
| 20 | arrangement whereby a customer purchases a payment card and | ||||||
| 21 | pursuant to which the service provider reflects the amount of | ||||||
| 22 | such purchase as a credit on an invoice issued to that customer | ||||||
| 23 | under an existing subscription plan. | ||||||
| 24 | (Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22; | ||||||
| 25 | 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; revised | ||||||
| 26 | 10-21-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 330. The Telecommunications Infrastructure | ||||||
| 2 | Maintenance Fee Act is amended by changing Section 10 as | ||||||
| 3 | follows:
| ||||||
| 4 | (35 ILCS 635/10) | ||||||
| 5 | Sec. 10. Definitions. In this Act: | ||||||
| 6 | (a) "Gross charges" means the amount paid to a | ||||||
| 7 | telecommunications retailer for the act or privilege of | ||||||
| 8 | originating or receiving telecommunications in this State and | ||||||
| 9 | for all services rendered in connection therewith, valued in | ||||||
| 10 | money whether paid in money or otherwise, including cash, | ||||||
| 11 | credits, services, and property of every kind or nature, and | ||||||
| 12 | shall be determined without any deduction on account of the | ||||||
| 13 | cost of such telecommunications, the cost of the materials | ||||||
| 14 | used, labor or service costs, or any other expense whatsoever. | ||||||
| 15 | In case credit is extended, the amount thereof shall be | ||||||
| 16 | included only as and when paid. "Gross charges" for private | ||||||
| 17 | line service shall include charges imposed at each channel | ||||||
| 18 | termination point within this State, charges for the channel | ||||||
| 19 | mileage between each channel termination point within this | ||||||
| 20 | State, and charges for that portion of the interstate | ||||||
| 21 | inter-office channel provided within Illinois. Charges for | ||||||
| 22 | that portion of the interstate inter-office channel provided | ||||||
| 23 | in Illinois shall be determined by the retailer as follows: | ||||||
| 24 | (i) for interstate inter-office channels having 2 channel | ||||||
| |||||||
| |||||||
| 1 | termination points, only one of which is in Illinois, 50% of | ||||||
| 2 | the total charge imposed; or (ii) for interstate inter-office | ||||||
| 3 | channels having more than 2 channel termination points, one or | ||||||
| 4 | more of which are in Illinois, an amount equal to the total | ||||||
| 5 | charge multiplied by a fraction, the numerator of which is the | ||||||
| 6 | number of channel termination points within Illinois and the | ||||||
| 7 | denominator of which is the total number of channel | ||||||
| 8 | termination points. Prior to January 1, 2004, any method | ||||||
| 9 | consistent with this paragraph or other method that reasonably | ||||||
| 10 | apportions the total charges for interstate inter-office | ||||||
| 11 | channels among the states in which channel terminations points | ||||||
| 12 | are located shall be accepted as a reasonable method to | ||||||
| 13 | determine the charges for that portion of the interstate | ||||||
| 14 | inter-office channel provided within Illinois for that period. | ||||||
| 15 | However, "gross charges" shall not include any of the | ||||||
| 16 | following: | ||||||
| 17 | (1) Any amounts added to a purchaser's bill because of | ||||||
| 18 | a charge made under: (i) the fee imposed by this Section, | ||||||
| 19 | (ii) additional charges added to a purchaser's bill under | ||||||
| 20 | Section 9-221 or 9-222 of the Public Utilities Act, (iii) | ||||||
| 21 | the tax imposed by the Telecommunications Excise Tax Act, | ||||||
| 22 | (iv) 911 surcharges, (v) the tax imposed by Section 4251 | ||||||
| 23 | of the Internal Revenue Code, or (vi) the tax imposed by | ||||||
| 24 | the Simplified Municipal Telecommunications Tax Act. | ||||||
| 25 | (2) Charges for a sent collect telecommunication | ||||||
| 26 | received outside of this State. | ||||||
| |||||||
| |||||||
| 1 | (3) Charges for leased time on equipment or charges | ||||||
| 2 | for the storage of data or information or subsequent | ||||||
| 3 | retrieval or the processing of data or information | ||||||
| 4 | intended to change its form or content. Such equipment | ||||||
| 5 | includes, but is not limited to, the use of calculators, | ||||||
| 6 | computers, data processing equipment, tabulating | ||||||
| 7 | equipment, or accounting equipment and also includes the | ||||||
| 8 | usage of computers under a time-sharing agreement. | ||||||
| 9 | (4) Charges for customer equipment, including such | ||||||
| 10 | equipment that is leased or rented by the customer from | ||||||
| 11 | any source, wherein such charges are disaggregated and | ||||||
| 12 | separately identified from other charges. | ||||||
| 13 | (5) Charges to business enterprises certified under | ||||||
| 14 | Section 9-222.1 of the Public Utilities Act to the extent | ||||||
| 15 | of such exemption and during the period of time specified | ||||||
| 16 | by the Department of Commerce and Economic Opportunity. | ||||||
| 17 | (5.1) Charges to business enterprises certified under | ||||||
| 18 | Section 95 of the Reimagining Energy and Vehicles in | ||||||
| 19 | Illinois Act, to the extent of the exemption and during | ||||||
| 20 | the period of time specified by the Department of Commerce | ||||||
| 21 | and Economic Opportunity. | ||||||
| 22 | (5.2) Charges to business enterprises certified under | ||||||
| 23 | Section 110-95 of the Manufacturing Illinois Chips for | ||||||
| 24 | Real Opportunity (MICRO) Act, to the extent of the | ||||||
| 25 | exemption and during the period of time specified by the | ||||||
| 26 | Department of Commerce and Economic Opportunity. | ||||||
| |||||||
| |||||||
| 1 | (5.3) Charges to entities certified under Section | ||||||
| 2 | 605-1115 of the Department of Commerce and Economic | ||||||
| 3 | Opportunity Law of the Civil Administrative Code of | ||||||
| 4 | Illinois to the extent of the exemption and during the | ||||||
| 5 | period of time specified by the Department of Commerce and | ||||||
| 6 | Economic Opportunity. | ||||||
| 7 | (6) Charges for telecommunications and all services | ||||||
| 8 | and equipment provided in connection therewith between a | ||||||
| 9 | parent corporation and its wholly owned subsidiaries or | ||||||
| 10 | between wholly owned subsidiaries, and only to the extent | ||||||
| 11 | that the charges between the parent corporation and wholly | ||||||
| 12 | owned subsidiaries or between wholly owned subsidiaries | ||||||
| 13 | represent expense allocation between the corporations and | ||||||
| 14 | not the generation of profit other than a regulatory | ||||||
| 15 | required profit for the corporation rendering such | ||||||
| 16 | services. | ||||||
| 17 | (7) Bad debts ("bad debt" means any portion of a debt | ||||||
| 18 | that is related to a sale at retail for which gross charges | ||||||
| 19 | are not otherwise deductible or excludable that has become | ||||||
| 20 | worthless or uncollectible, as determined under applicable | ||||||
| 21 | federal income tax standards; if the portion of the debt | ||||||
| 22 | deemed to be bad is subsequently paid, the retailer shall | ||||||
| 23 | report and pay the tax on that portion during the | ||||||
| 24 | reporting period in which the payment is made). | ||||||
| 25 | (8) Charges paid by inserting coins in coin-operated | ||||||
| 26 | telecommunication devices. | ||||||
| |||||||
| |||||||
| 1 | (9) Charges for nontaxable services or | ||||||
| 2 | telecommunications if (i) those charges are aggregated | ||||||
| 3 | with other charges for telecommunications that are | ||||||
| 4 | taxable, (ii) those charges are not separately stated on | ||||||
| 5 | the customer bill or invoice, and (iii) the retailer can | ||||||
| 6 | reasonably identify the nontaxable charges on the | ||||||
| 7 | retailer's books and records kept in the regular course of | ||||||
| 8 | business. If the nontaxable charges cannot reasonably be | ||||||
| 9 | identified, the gross charge from the sale of both taxable | ||||||
| 10 | and nontaxable services or telecommunications billed on a | ||||||
| 11 | combined basis shall be attributed to the taxable services | ||||||
| 12 | or telecommunications. The burden of proving nontaxable | ||||||
| 13 | charges shall be on the retailer of the | ||||||
| 14 | telecommunications. | ||||||
| 15 | (a-5) "Department" means the Illinois Department of | ||||||
| 16 | Revenue. | ||||||
| 17 | (b) "Telecommunications" includes, but is not limited to, | ||||||
| 18 | messages or information transmitted through use of local, | ||||||
| 19 | toll, and wide area telephone service, channel services, | ||||||
| 20 | telegraph services, teletypewriter service, computer exchange | ||||||
| 21 | services, private line services, specialized mobile radio | ||||||
| 22 | services, or any other transmission of messages or information | ||||||
| 23 | by electronic or similar means, between or among points by | ||||||
| 24 | wire, cable, fiber optics, laser, microwave, radio, satellite, | ||||||
| 25 | or similar facilities. Unless the context clearly requires | ||||||
| 26 | otherwise, "telecommunications" shall also include wireless | ||||||
| |||||||
| |||||||
| 1 | telecommunications as hereinafter defined. | ||||||
| 2 | "Telecommunications" shall not include value added services in | ||||||
| 3 | which computer processing applications are used to act on the | ||||||
| 4 | form, content, code, and protocol of the information for | ||||||
| 5 | purposes other than transmission. "Telecommunications" shall | ||||||
| 6 | not include purchase of telecommunications by a | ||||||
| 7 | telecommunications service provider for use as a component | ||||||
| 8 | part of the service provided by him or her to the ultimate | ||||||
| 9 | retail consumer who originates or terminates the end-to-end | ||||||
| 10 | communications. Retailer access charges, right of access | ||||||
| 11 | charges, charges for use of intercompany facilities, and all | ||||||
| 12 | telecommunications resold in the subsequent provision and used | ||||||
| 13 | as a component of, or integrated into, end-to-end | ||||||
| 14 | telecommunications service shall not be included in gross | ||||||
| 15 | charges as sales for resale. "Telecommunications" shall not | ||||||
| 16 | include the provision of cable services through a cable system | ||||||
| 17 | as defined in the Cable Communications Act of 1984 (47 U.S.C. | ||||||
| 18 | Sections 521 and following) as now or hereafter amended or | ||||||
| 19 | through an open video system as defined in the Rules of the | ||||||
| 20 | Federal Communications Commission (47 C.D.F. 76.1550 and | ||||||
| 21 | following) as now or hereafter amended. Beginning January 1, | ||||||
| 22 | 2001, prepaid telephone calling arrangements shall not be | ||||||
| 23 | considered "telecommunications" subject to the tax imposed | ||||||
| 24 | under this Act. For purposes of this Section, "prepaid | ||||||
| 25 | telephone calling arrangements" means that term as defined in | ||||||
| 26 | Section 2-27 of the Retailers' Occupation Tax Act. | ||||||
| |||||||
| |||||||
| 1 | (c) "Wireless telecommunications" includes cellular mobile | ||||||
| 2 | telephone services, personal wireless services as defined in | ||||||
| 3 | Section 704(C) of the Telecommunications Act of 1996 (Public | ||||||
| 4 | Law No. 104-104) as now or hereafter amended, including all | ||||||
| 5 | commercial mobile radio services, and paging services. | ||||||
| 6 | (d) "Telecommunications retailer" or "retailer" or | ||||||
| 7 | "carrier" means and includes every person engaged in the | ||||||
| 8 | business of making sales of telecommunications at retail as | ||||||
| 9 | defined in this Section. The Department may, in its | ||||||
| 10 | discretion, upon applications, authorize the collection of the | ||||||
| 11 | fee hereby imposed by any retailer not maintaining a place of | ||||||
| 12 | business within this State, who, to the satisfaction of the | ||||||
| 13 | Department, furnishes adequate security to insure collection | ||||||
| 14 | and payment of the fee. When so authorized, it shall be the | ||||||
| 15 | duty of such retailer to pay the fee upon all of the gross | ||||||
| 16 | charges for telecommunications in the same manner and subject | ||||||
| 17 | to the same requirements as a retailer maintaining a place of | ||||||
| 18 | business within this State. | ||||||
| 19 | (e) "Retailer maintaining a place of business in this | ||||||
| 20 | State", or any like term, means and includes any retailer | ||||||
| 21 | having or maintaining within this State, directly or by a | ||||||
| 22 | subsidiary, an office, distribution facilities, transmission | ||||||
| 23 | facilities, sales office, warehouse, or other place of | ||||||
| 24 | business, or any agent or other representative operating | ||||||
| 25 | within this State under the authority of the retailer or its | ||||||
| 26 | subsidiary, irrespective of whether such place of business or | ||||||
| |||||||
| |||||||
| 1 | agent or other representative is located here permanently or | ||||||
| 2 | temporarily, or whether such retailer or subsidiary is | ||||||
| 3 | licensed to do business in this State. | ||||||
| 4 | (f) "Sale of telecommunications at retail" means the | ||||||
| 5 | transmitting, supplying, or furnishing of telecommunications | ||||||
| 6 | and all services rendered in connection therewith for a | ||||||
| 7 | consideration, other than between a parent corporation and its | ||||||
| 8 | wholly owned subsidiaries or between wholly owned | ||||||
| 9 | subsidiaries, when the gross charge made by one such | ||||||
| 10 | corporation to another such corporation is not greater than | ||||||
| 11 | the gross charge paid to the retailer for their use or | ||||||
| 12 | consumption and not for sale. | ||||||
| 13 | (g) "Service address" means the location of | ||||||
| 14 | telecommunications equipment from which telecommunications | ||||||
| 15 | services are originated or at which telecommunications | ||||||
| 16 | services are received. If this is not a defined location, as in | ||||||
| 17 | the case of wireless telecommunications, paging systems, | ||||||
| 18 | maritime systems, "service address" means the customer's place | ||||||
| 19 | of primary use as defined in the Mobile Telecommunications | ||||||
| 20 | Sourcing Conformity Act. For air-to-ground systems, and the | ||||||
| 21 | like, "service address" shall mean the location of the | ||||||
| 22 | customer's primary use of the telecommunications equipment as | ||||||
| 23 | defined by the location in Illinois where bills are sent. | ||||||
| 24 | (Source: P.A. 102-1125, eff. 2-3-23; 103-595, eff. 6-26-24; | ||||||
| 25 | revised 10-21-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 335. The Illinois Pension Code is amended by | ||||||
| 2 | changing Sections 9-169.2, 13-309, 13-310, and 15-112 as | ||||||
| 3 | follows:
| ||||||
| 4 | (40 ILCS 5/9-169.2) | ||||||
| 5 | Sec. 9-169.2. Minimum required employer contribution. The | ||||||
| 6 | minimum required employer contribution for a specified year, | ||||||
| 7 | as set forth in the annual actuarial report required under | ||||||
| 8 | Section 9-169.1, shall be the amount determined by the Fund's | ||||||
| 9 | actuary to be equal to the sum of: (i) the projected normal | ||||||
| 10 | cost for pensions for that fiscal year based on the entry age | ||||||
| 11 | actuarial cost method, plus (ii) a projected unfunded | ||||||
| 12 | actuarial accrued liability amortization payment for pensions | ||||||
| 13 | for the fiscal year, plus (iii) projected expenses for that | ||||||
| 14 | fiscal year, plus (iv) interest to adjust for payment pattern | ||||||
| 15 | during the fiscal year, less (v) projected employee | ||||||
| 16 | contributions for that fiscal year. | ||||||
| 17 | The minimum required employer contribution for the next | ||||||
| 18 | year shall be submitted annually by the county on or before | ||||||
| 19 | June 14 of each year unless another time frame is agreed upon | ||||||
| 20 | by the county and the Fund. | ||||||
| 21 | For the purposes of this Section: | ||||||
| 22 | "5-Year smoothed actuarial value of assets" means the | ||||||
| 23 | value of assets as determined by a method that spreads the | ||||||
| 24 | effect of each year's investment return in excess of or below | ||||||
| 25 | the expected return. | ||||||
| |||||||
| |||||||
| 1 | "Entry age actuarial cost method" means a method of | ||||||
| 2 | determining the normal cost and is determined as a level | ||||||
| 3 | percentage of pay that, if paid from entry age to the assumed | ||||||
| 4 | retirement age, assuming all the actuarial assumptions are | ||||||
| 5 | exactly met by experience and no changes in assumptions or | ||||||
| 6 | benefit provisions, would accumulate to a fund sufficient to | ||||||
| 7 | pay all benefits provided by the Fund. | ||||||
| 8 | "Layered amortization" means a technique that separately | ||||||
| 9 | layers the different components of the unfunded actuarial | ||||||
| 10 | accrued liabilities to be amortized over a fixed period not to | ||||||
| 11 | exceed 30 years. | ||||||
| 12 | "Projected expenses" means the projected administrative | ||||||
| 13 | expenses for the cost of administering administrating the | ||||||
| 14 | Fund. | ||||||
| 15 | "Projected normal costs for pensions" means the cost of | ||||||
| 16 | the benefits that accrue during the year for active members | ||||||
| 17 | under the entry age actuarial cost method. | ||||||
| 18 | "Unfunded actuarial accrued liability amortization | ||||||
| 19 | payment" means the annual contribution equal to the difference | ||||||
| 20 | between the values of assets and the accrued liabilities of | ||||||
| 21 | the plan, calculated by an actuary, needed to amortize the | ||||||
| 22 | Fund's liabilities over a period of 30 years starting in 2017, | ||||||
| 23 | with layered amortization of the Fund's unexpected unfunded | ||||||
| 24 | actuarial accrued liability amortization payment following | ||||||
| 25 | 2017 in periods of 30 years, with amortization payments | ||||||
| 26 | increasing 2% per year, and reflecting a discount rate for all | ||||||
| |||||||
| |||||||
| 1 | liabilities consistent with the assumed investment rate of | ||||||
| 2 | return on fund assets and a 5-year smoothed actuarial value of | ||||||
| 3 | assets. | ||||||
| 4 | (Source: P.A. 103-529, eff. 8-11-23; revised 7-17-24.)
| ||||||
| 5 | (40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309) | ||||||
| 6 | Sec. 13-309. Duty disability benefit. | ||||||
| 7 | (a) Any employee who becomes disabled, which disability is | ||||||
| 8 | the result of an injury or illness compensable under the | ||||||
| 9 | Illinois Workers' Compensation Act or the Illinois Workers' | ||||||
| 10 | Occupational Diseases Act, is entitled to a duty disability | ||||||
| 11 | benefit during the period of disability for which the employee | ||||||
| 12 | does not receive any part of salary, or any part of a | ||||||
| 13 | retirement annuity under this Article; except that in the case | ||||||
| 14 | of an employee who first enters service on or after June 13, | ||||||
| 15 | 1997 and becomes disabled before August 18, 2005 (the | ||||||
| 16 | effective date of Public Act 94-621), a duty disability | ||||||
| 17 | benefit is not payable for the first 3 days of disability that | ||||||
| 18 | would otherwise be payable under this Section if the | ||||||
| 19 | disability does not continue for at least 11 additional days. | ||||||
| 20 | The changes made to this Section by Public Act 94-621 are | ||||||
| 21 | prospective only and do not entitle an employee to a duty | ||||||
| 22 | disability benefit for the first 3 days of any disability that | ||||||
| 23 | occurred before that effective date and did not continue for | ||||||
| 24 | at least 11 additional days. This benefit shall be 75% of | ||||||
| 25 | salary at the date disability begins. However, if the | ||||||
| |||||||
| |||||||
| 1 | disability in any measure resulted from any physical defect or | ||||||
| 2 | disease which existed at the time such injury was sustained or | ||||||
| 3 | such illness commenced, the duty disability benefit shall be | ||||||
| 4 | 50% of salary. | ||||||
| 5 | Unless the employer acknowledges that the disability is a | ||||||
| 6 | result of injury or illness compensable under the Workers' | ||||||
| 7 | Compensation Act or the Workers' Occupational Diseases Act, | ||||||
| 8 | the duty disability benefit shall not be payable until the | ||||||
| 9 | issue of compensability under those Acts is finally | ||||||
| 10 | adjudicated. The period of disability shall be as determined | ||||||
| 11 | by the Illinois Workers' Compensation Commission or | ||||||
| 12 | acknowledged by the employer. | ||||||
| 13 | An employee in service before June 13, 1997 shall also | ||||||
| 14 | receive a child's disability benefit during the period of | ||||||
| 15 | disability of $10 per month for each unmarried natural or | ||||||
| 16 | adopted child of the employee under 18 years of age. | ||||||
| 17 | The first payment shall be made not later than one month | ||||||
| 18 | after the benefit is granted, and subsequent payments shall be | ||||||
| 19 | made at least monthly. The Board shall by rule prescribe for | ||||||
| 20 | the payment of such benefits on the basis of the amount of | ||||||
| 21 | salary lost during the period of disability. | ||||||
| 22 | (b) The benefit shall be allowed only if all of the | ||||||
| 23 | following requirements are met by the employee: | ||||||
| 24 | (1) Application is made to the Board. | ||||||
| 25 | (2) A medical report is submitted by at least one | ||||||
| 26 | licensed health care professional as part of the | ||||||
| |||||||
| |||||||
| 1 | employee's application. | ||||||
| 2 | (3) The employee is examined by at least one licensed | ||||||
| 3 | health care professional appointed by the Board and found | ||||||
| 4 | to be in a disabled physical condition and shall be | ||||||
| 5 | re-examined at least annually thereafter during the | ||||||
| 6 | continuance of disability. The employee need not be | ||||||
| 7 | examined by a licensed health care professional appointed | ||||||
| 8 | by the Board if the attorney for the district certifies in | ||||||
| 9 | writing that the employee is entitled to receive | ||||||
| 10 | compensation under the Workers' Compensation Act or the | ||||||
| 11 | Workers' Occupational Diseases Act. The Board may require | ||||||
| 12 | other evidence of disability. | ||||||
| 13 | (c) The benefit shall terminate when: | ||||||
| 14 | (1) The employee returns to work or receives a | ||||||
| 15 | retirement annuity paid wholly or in part under this | ||||||
| 16 | Article; | ||||||
| 17 | (2) The disability ceases; | ||||||
| 18 | (3) The employee attains age 65, but if the employee | ||||||
| 19 | becomes disabled at age 60 or later, benefits may be | ||||||
| 20 | extended for a period of no more than 5 years after | ||||||
| 21 | disablement; | ||||||
| 22 | (4) The employee (i) refuses to submit to reasonable | ||||||
| 23 | examinations by licensed health care professionals | ||||||
| 24 | appointed by the Board, (ii) fails or refuses to consent | ||||||
| 25 | to and sign an authorization allowing the Board to receive | ||||||
| 26 | copies of or to examine the employee's medical and | ||||||
| |||||||
| |||||||
| 1 | hospital records, or (iii) fails or refuses to provide | ||||||
| 2 | complete information regarding any other employment for | ||||||
| 3 | compensation he or she has received since becoming | ||||||
| 4 | disabled; or | ||||||
| 5 | (5) The employee willfully and continuously refuses to | ||||||
| 6 | follow medical advice and treatment to enable the employee | ||||||
| 7 | to return to work. However, this provision does not apply | ||||||
| 8 | to an employee who relies in good faith on treatment by | ||||||
| 9 | prayer through spiritual means alone in accordance with | ||||||
| 10 | the tenets and practice of a recognized church or | ||||||
| 11 | religious denomination, by a duly accredited practitioner | ||||||
| 12 | thereof. | ||||||
| 13 | In the case of a duty disability recipient who returns to | ||||||
| 14 | work, the employee must make application to the Retirement | ||||||
| 15 | Board within 2 years from the date the employee last received | ||||||
| 16 | duty disability benefits in order to become again entitled to | ||||||
| 17 | duty disability benefits based on the injury for which a duty | ||||||
| 18 | disability benefit was theretofore paid. | ||||||
| 19 | (Source: P.A. 103-523, eff. 1-1-24; revised 7-17-24.)
| ||||||
| 20 | (40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310) | ||||||
| 21 | Sec. 13-310. Ordinary disability benefit. | ||||||
| 22 | (a) Any employee who becomes disabled as the result of any | ||||||
| 23 | cause other than injury or illness incurred in the performance | ||||||
| 24 | of duty for the employer or any other employer, or while | ||||||
| 25 | engaged in self-employment activities, shall be entitled to an | ||||||
| |||||||
| |||||||
| 1 | ordinary disability benefit. The eligible period for this | ||||||
| 2 | benefit shall be 25% of the employee's total actual service | ||||||
| 3 | prior to the date of disability with a cumulative maximum | ||||||
| 4 | period of 5 years. | ||||||
| 5 | (b) The benefit shall be allowed only if the employee | ||||||
| 6 | files an application in writing with the Board, and a medical | ||||||
| 7 | report is submitted by at least one licensed health care | ||||||
| 8 | professional as part of the employee's application. | ||||||
| 9 | The benefit is not payable for any disability which begins | ||||||
| 10 | during any period of unpaid leave of absence. No benefit shall | ||||||
| 11 | be allowed for any period of disability prior to 30 days before | ||||||
| 12 | application is made, unless the Board finds good cause for the | ||||||
| 13 | delay in filing the application. The benefit shall not be paid | ||||||
| 14 | during any period for which the employee receives or is | ||||||
| 15 | entitled to receive any part of salary. | ||||||
| 16 | The benefit is not payable for any disability which begins | ||||||
| 17 | during any period of absence from duty other than allowable | ||||||
| 18 | vacation time in any calendar year. An employee whose | ||||||
| 19 | disability begins during any such ineligible period of absence | ||||||
| 20 | from service may not receive benefits until the employee | ||||||
| 21 | recovers from the disability and is in service for at least 15 | ||||||
| 22 | consecutive working days after such recovery. | ||||||
| 23 | In the case of an employee who first enters service on or | ||||||
| 24 | after June 13, 1997, an ordinary disability benefit is not | ||||||
| 25 | payable for the first 3 days of disability that would | ||||||
| 26 | otherwise be payable under this Section if the disability does | ||||||
| |||||||
| |||||||
| 1 | not continue for at least 11 additional days. | ||||||
| 2 | Beginning on August 18, 2005 (the effective date of Public | ||||||
| 3 | Act 94-621) this amendatory Act of the 94th General Assembly, | ||||||
| 4 | an employee who first entered service on or after June 13, 1997 | ||||||
| 5 | is also eligible for ordinary disability benefits on the 31st | ||||||
| 6 | day after the last day worked, provided all sick leave is | ||||||
| 7 | exhausted. | ||||||
| 8 | (c) The benefit shall be 50% of the employee's salary at | ||||||
| 9 | the date of disability, and shall terminate when the earliest | ||||||
| 10 | of the following occurs: | ||||||
| 11 | (1) The employee returns to work or receives a | ||||||
| 12 | retirement annuity paid wholly or in part under this | ||||||
| 13 | Article; | ||||||
| 14 | (2) The disability ceases; | ||||||
| 15 | (3) The employee willfully and continuously refuses to | ||||||
| 16 | follow medical advice and treatment to enable the employee | ||||||
| 17 | to return to work. However, this provision does not apply | ||||||
| 18 | to an employee who relies in good faith on treatment by | ||||||
| 19 | prayer through spiritual means alone in accordance with | ||||||
| 20 | the tenets and practice of a recognized church or | ||||||
| 21 | religious denomination, by a duly accredited practitioner | ||||||
| 22 | thereof; | ||||||
| 23 | (4) The employee (i) refuses to submit to a reasonable | ||||||
| 24 | physical examination within 30 days of application by a | ||||||
| 25 | licensed health care professional appointed by the Board, | ||||||
| 26 | (ii) in the case of chronic alcoholism, the employee | ||||||
| |||||||
| |||||||
| 1 | refuses to join a rehabilitation program licensed by the | ||||||
| 2 | Department of Public Health of the State of Illinois and | ||||||
| 3 | certified by the Joint Commission on the Accreditation of | ||||||
| 4 | Hospitals, (iii) fails or refuses to consent to and sign | ||||||
| 5 | an authorization allowing the Board to receive copies of | ||||||
| 6 | or to examine the employee's medical and hospital records, | ||||||
| 7 | or (iv) fails or refuses to provide complete information | ||||||
| 8 | regarding any other employment for compensation he or she | ||||||
| 9 | has received since becoming disabled; or | ||||||
| 10 | (5) The eligibility eligible period for this benefit | ||||||
| 11 | has been exhausted. | ||||||
| 12 | The first payment of the benefit shall be made not later | ||||||
| 13 | than one month after the same has been granted, and subsequent | ||||||
| 14 | payments shall be made at least monthly. | ||||||
| 15 | (Source: P.A. 102-210, eff. 7-30-21; 103-523, eff. 1-1-24; | ||||||
| 16 | revised 7-17-24.)
| ||||||
| 17 | (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112) | ||||||
| 18 | Sec. 15-112. Final rate of earnings. "Final rate of | ||||||
| 19 | earnings": | ||||||
| 20 | (a) This subsection (a) applies only to a Tier 1 member. | ||||||
| 21 | For an employee who is paid on an hourly basis or who | ||||||
| 22 | receives an annual salary in installments during 12 months of | ||||||
| 23 | each academic year, the average annual earnings during the 48 | ||||||
| 24 | consecutive calendar month period ending with the last day of | ||||||
| 25 | final termination of employment or the 4 consecutive academic | ||||||
| |||||||
| |||||||
| 1 | years of service in which the employee's earnings were the | ||||||
| 2 | highest, whichever is greater. For any other employee, the | ||||||
| 3 | average annual earnings during the 4 consecutive academic | ||||||
| 4 | years of service in which his or her earnings were the highest. | ||||||
| 5 | For an employee with less than 48 months or 4 consecutive | ||||||
| 6 | academic years of service, the average earnings during his or | ||||||
| 7 | her entire period of service. The earnings of an employee with | ||||||
| 8 | more than 36 months of service under item (a) of Section | ||||||
| 9 | 15-113.1 prior to the date of becoming a participant are, for | ||||||
| 10 | such period, considered equal to the average earnings during | ||||||
| 11 | the last 36 months of such service. | ||||||
| 12 | (b) This subsection (b) applies to a Tier 2 member. | ||||||
| 13 | For an employee who is paid on an hourly basis or who | ||||||
| 14 | receives an annual salary in installments during 12 months of | ||||||
| 15 | each academic year, the average annual earnings obtained by | ||||||
| 16 | dividing by 8 the total earnings of the employee during the 96 | ||||||
| 17 | consecutive months in which the total earnings were the | ||||||
| 18 | highest within the last 120 months prior to termination. | ||||||
| 19 | For any other employee, the average annual earnings during | ||||||
| 20 | the 8 consecutive academic years within the 10 years prior to | ||||||
| 21 | termination in which the employee's earnings were the highest. | ||||||
| 22 | For an employee with less than 96 consecutive months or 8 | ||||||
| 23 | consecutive academic years of service, whichever is necessary, | ||||||
| 24 | the average earnings during his or her entire period of | ||||||
| 25 | service. | ||||||
| 26 | (c) For an employee on leave of absence with pay, or on | ||||||
| |||||||
| |||||||
| 1 | leave of absence without pay who makes contributions during | ||||||
| 2 | such leave, earnings are assumed to be equal to the basic | ||||||
| 3 | compensation on the date the leave began. | ||||||
| 4 | (d) For an employee on disability leave, earnings are | ||||||
| 5 | assumed to be equal to the basic compensation on the date | ||||||
| 6 | disability occurs or the average earnings during the 24 months | ||||||
| 7 | immediately preceding the month in which disability occurs, | ||||||
| 8 | whichever is greater. | ||||||
| 9 | (e) For a Tier 1 member who retires on or after August 22, | ||||||
| 10 | 1997 (the effective date of Public Act 90-511) this amendatory | ||||||
| 11 | Act of 1997 with at least 20 years of service as a firefighter | ||||||
| 12 | or police officer under this Article, the final rate of | ||||||
| 13 | earnings shall be the annual rate of earnings received by the | ||||||
| 14 | participant on his or her last day as a firefighter or police | ||||||
| 15 | officer under this Article, if that is greater than the final | ||||||
| 16 | rate of earnings as calculated under the other provisions of | ||||||
| 17 | this Section. | ||||||
| 18 | (f) If a Tier 1 member is an employee for at least 6 months | ||||||
| 19 | during the academic year in which his or her employment is | ||||||
| 20 | terminated, the annual final rate of earnings shall be 25% of | ||||||
| 21 | the sum of (1) the annual basic compensation for that year, and | ||||||
| 22 | (2) the amount earned during the 36 months immediately | ||||||
| 23 | preceding that year, if this is greater than the final rate of | ||||||
| 24 | earnings as calculated under the other provisions of this | ||||||
| 25 | Section. | ||||||
| 26 | (g) In the determination of the final rate of earnings for | ||||||
| |||||||
| |||||||
| 1 | an employee, that part of an employee's earnings for any | ||||||
| 2 | academic year beginning after June 30, 1997, which exceeds the | ||||||
| 3 | employee's earnings with that employer for the preceding year | ||||||
| 4 | by more than 20% 20 percent shall be excluded; in the event | ||||||
| 5 | that an employee has more than one employer this limitation | ||||||
| 6 | shall be calculated separately for the earnings with each | ||||||
| 7 | employer. In making such calculation, only the basic | ||||||
| 8 | compensation of employees shall be considered, without regard | ||||||
| 9 | to vacation or overtime or to contracts for summer employment. | ||||||
| 10 | Beginning September 1, 2024, this subsection (g) also applies | ||||||
| 11 | to an employee who has been employed at 1/2 time or less for 3 | ||||||
| 12 | or more years. | ||||||
| 13 | (h) The following are not considered as earnings in | ||||||
| 14 | determining the final rate of earnings: (1) severance or | ||||||
| 15 | separation pay, (2) retirement pay, (3) payment for unused | ||||||
| 16 | sick leave, and (4) payments from an employer for the period | ||||||
| 17 | used in determining the final rate of earnings for any purpose | ||||||
| 18 | other than (i) services rendered, (ii) leave of absence or | ||||||
| 19 | vacation granted during that period, and (iii) vacation of up | ||||||
| 20 | to 56 work days allowed upon termination of employment; except | ||||||
| 21 | that, if the benefit has been collectively bargained between | ||||||
| 22 | the employer and the recognized collective bargaining agent | ||||||
| 23 | pursuant to the Illinois Educational Labor Relations Act, | ||||||
| 24 | payment received during a period of up to 2 academic years for | ||||||
| 25 | unused sick leave may be considered as earnings in accordance | ||||||
| 26 | with the applicable collective bargaining agreement, subject | ||||||
| |||||||
| |||||||
| 1 | to the 20% increase limitation of this Section. Any unused | ||||||
| 2 | sick leave considered as earnings under this Section shall not | ||||||
| 3 | be taken into account in calculating service credit under | ||||||
| 4 | Section 15-113.4. | ||||||
| 5 | (i) Intermittent periods of service shall be considered as | ||||||
| 6 | consecutive in determining the final rate of earnings. | ||||||
| 7 | (Source: P.A. 103-548, eff. 8-11-23; revised 7-18-24.)
| ||||||
| 8 | Section 340. The Revenue Anticipation Act is amended by | ||||||
| 9 | changing Section 3 as follows:
| ||||||
| 10 | (50 ILCS 425/3) (from Ch. 85, par. 831-3) | ||||||
| 11 | Sec. 3. Notes issued under this Act shall be due not more | ||||||
| 12 | than 12 months from the date of issue and shall be payable in | ||||||
| 13 | accordance with the resolution adopted by the governing body | ||||||
| 14 | providing for the issuance of the notes or warrants. Notes | ||||||
| 15 | issued under this Act shall bear interest at not more than the | ||||||
| 16 | maximum interest rate allowed by the Bond Authorization Act | ||||||
| 17 | "An Act to authorize public corporations to issue bonds, other | ||||||
| 18 | evidences of indebtedness and tax anticipation warrants | ||||||
| 19 | subject to interest rate limitations set forth therein", | ||||||
| 20 | approved May 26, 1970, as amended, payable annually or | ||||||
| 21 | semi-annually or at the time of payment of principal. The | ||||||
| 22 | interest to the due date of the note may be represented by | ||||||
| 23 | appropriate coupons and be executed by the facsimile signature | ||||||
| 24 | of the appropriate treasurer. No notes shall be issued under | ||||||
| |||||||
| |||||||
| 1 | this Act after the revenue to be anticipated is delinquent. No | ||||||
| 2 | notes shall be issued or sold, unless such issuance and sale is | ||||||
| 3 | authorized by a vote of at least two-thirds 2/3 of the members | ||||||
| 4 | elected to the governing body. The notes shall be sold to the | ||||||
| 5 | highest responsible bidder after due advertisement and public | ||||||
| 6 | opening of bids. The governing body may authorize notes to be | ||||||
| 7 | issued and sold from time to time and in such amounts as the | ||||||
| 8 | appropriate treasurer deems necessary to provide funds to pay | ||||||
| 9 | obligations due or to accrue within the then fiscal year. | ||||||
| 10 | Notes issued under this Act shall be received by any | ||||||
| 11 | collector of revenues against which they are issued at par | ||||||
| 12 | plus accrued interest, and, when so received, shall be | ||||||
| 13 | cancelled with the same effect as though paid pursuant to this | ||||||
| 14 | Act. | ||||||
| 15 | Such notes shall be signed by the presiding officer of the | ||||||
| 16 | governing body and countersigned by the treasurer. Such notes | ||||||
| 17 | shall be payable to bearer provided that the notes may be | ||||||
| 18 | registered as to principal in the name of the holder on the | ||||||
| 19 | books of the treasurer and evidence of such registration shall | ||||||
| 20 | be endorsed upon the back of notes so registered. After such | ||||||
| 21 | registration, no transfer shall be made except upon such books | ||||||
| 22 | and similarly noted on the note unless the last registration | ||||||
| 23 | was to bearer. Such notes may be re-registered from time to | ||||||
| 24 | time in the name of the designated holder but such | ||||||
| 25 | registration shall not affect the negotiability of the coupons | ||||||
| 26 | attached. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 83-1521; revised 7-24-24.)
| ||||||
| 2 | Section 345. The Warrants and Jurors Certificates Act is | ||||||
| 3 | amended by changing Section 3 as follows:
| ||||||
| 4 | (50 ILCS 430/3) (from Ch. 146 1/2, par. 3) | ||||||
| 5 | Sec. 3. Each warrant issued under this Act may be made | ||||||
| 6 | payable at the time fixed in the warrant and shall bear | ||||||
| 7 | interest, payable only out of the taxes against which it is | ||||||
| 8 | drawn, at a rate of interest specified in the warrant but not | ||||||
| 9 | exceeding 7% if issued prior to January 1, 1972, and at the | ||||||
| 10 | rate of not more than 8% if issued after January 1, 1972 and | ||||||
| 11 | before November 12, 1981, and at a rate not to exceed the rate | ||||||
| 12 | permitted in the Bond Authorization Act "An Act to authorize | ||||||
| 13 | public corporations to issue bonds, other evidences of | ||||||
| 14 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 15 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 16 | now or hereafter amended if issued on or after November 12, | ||||||
| 17 | 1981, annually from the date of issuance until paid, or until | ||||||
| 18 | notice is given by publication in a newspaper or otherwise, | ||||||
| 19 | that the money for its payment is available, and that it will | ||||||
| 20 | be paid on presentation. All jurors' certificates shall be | ||||||
| 21 | issued in conformity with this Act. This Act does not apply to | ||||||
| 22 | school districts, cities, villages, or incorporated towns. For | ||||||
| 23 | the purposes of this Section, "prime commercial rate" means | ||||||
| 24 | such prime rate as from time to time is publicly announced by | ||||||
| |||||||
| |||||||
| 1 | the largest commercial banking institution located in this | ||||||
| 2 | State, as measured by total assets. | ||||||
| 3 | (Source: P.A. 82-902; revised 7-24-24.)
| ||||||
| 4 | Section 350. The Medical Service Facility Act is amended | ||||||
| 5 | by changing Section 5 as follows:
| ||||||
| 6 | (50 ILCS 450/5) (from Ch. 85, par. 925) | ||||||
| 7 | Sec. 5. The resolution authorizing the issuance of such | ||||||
| 8 | bonds shall specify the total amount of bonds to be issued, the | ||||||
| 9 | form and denomination of the bonds, the date they are to bear, | ||||||
| 10 | the place where they are payable, the date or dates of | ||||||
| 11 | maturity, which shall not be more than 20 years after the date | ||||||
| 12 | the bonds bear, the rate of interest, which shall not exceed | ||||||
| 13 | the rate permitted in the Bond Authorization Act, "An Act to | ||||||
| 14 | authorize public corporations to issue bonds, other evidences | ||||||
| 15 | of indebtedness and tax anticipation warrants subject to | ||||||
| 16 | interest rate limitations set forth therein", approved May 26, | ||||||
| 17 | 1970, as now or hereafter amended and the dates on which | ||||||
| 18 | interest is payable. | ||||||
| 19 | The tax authorized to be levied and collected under this | ||||||
| 20 | Act shall be extended annually against all the taxable | ||||||
| 21 | property within the county or municipality, as the case may | ||||||
| 22 | be, at such a rate that the proceeds of the tax, when combined | ||||||
| 23 | with the rental income derived from the medical service | ||||||
| 24 | facility, will be sufficient to pay the principal of the bonds | ||||||
| |||||||
| |||||||
| 1 | at maturity and to pay the interest thereon as it falls due. | ||||||
| 2 | (Source: P.A. 82-902; revised 7-29-24.)
| ||||||
| 3 | Section 355. The Illinois Police Training Act is amended | ||||||
| 4 | by changing Section 8.2 and by setting forth, renumbering, and | ||||||
| 5 | changing multiple versions of Section 10.25 as follows:
| ||||||
| 6 | (50 ILCS 705/8.2) | ||||||
| 7 | Sec. 8.2. Part-time law enforcement officers. | ||||||
| 8 | (a) A person hired to serve as a part-time law enforcement | ||||||
| 9 | officer must obtain from the Board a certificate (i) attesting | ||||||
| 10 | to the officer's successful completion of the part-time police | ||||||
| 11 | training course; (ii) attesting to the officer's satisfactory | ||||||
| 12 | completion of a training program of similar content and number | ||||||
| 13 | of hours that has been found acceptable by the Board under the | ||||||
| 14 | provisions of this Act; or (iii) a training waiver attesting | ||||||
| 15 | to the Board's determination that the part-time police | ||||||
| 16 | training course is unnecessary because of the person's prior | ||||||
| 17 | law enforcement experience obtained in Illinois, in any other | ||||||
| 18 | state, or with an agency of the federal government. A person | ||||||
| 19 | hired on or after March 14, 2002 (the effective date of Public | ||||||
| 20 | Act 92-533) this amendatory Act of the 92nd General Assembly | ||||||
| 21 | must obtain this certificate within 18 months after the | ||||||
| 22 | initial date of hire as a probationary part-time law | ||||||
| 23 | enforcement officer in the State of Illinois. The probationary | ||||||
| 24 | part-time law enforcement officer must be enrolled and | ||||||
| |||||||
| |||||||
| 1 | accepted into a Board-approved course within 6 months after | ||||||
| 2 | active employment by any department in the State. A person | ||||||
| 3 | hired on or after January 1, 1996 and before March 14, 2002 | ||||||
| 4 | (the effective date of Public Act 92-533) this amendatory Act | ||||||
| 5 | of the 92nd General Assembly must obtain this certificate | ||||||
| 6 | within 18 months after the date of hire. A person hired before | ||||||
| 7 | January 1, 1996 must obtain this certificate within 24 months | ||||||
| 8 | after January 1, 1996 (the effective date of Public Act | ||||||
| 9 | 89-170) this amendatory Act of 1995. Agencies seeking a | ||||||
| 10 | reciprocity waiver for training completed outside of Illinois | ||||||
| 11 | must conduct a thorough background check and provide | ||||||
| 12 | verification of the officer's prior training. After review and | ||||||
| 13 | satisfaction of all requested conditions, the officer shall be | ||||||
| 14 | awarded an equivalency certificate satisfying the requirements | ||||||
| 15 | of this Section. Within 60 days after January 1, 2024 (the | ||||||
| 16 | effective date of Public Act 103-389) this amendatory Act of | ||||||
| 17 | the 103rd General Assembly, the Board shall adopt uniform | ||||||
| 18 | rules providing for a waiver process for a person previously | ||||||
| 19 | employed and qualified as a law enforcement or county | ||||||
| 20 | corrections officer under federal law or the laws of any other | ||||||
| 21 | state, or who has completed a basic law enforcement officer or | ||||||
| 22 | correctional officer academy who would be qualified to be | ||||||
| 23 | employed as a law enforcement officer or correctional officer | ||||||
| 24 | by the federal government or any other state. These rules | ||||||
| 25 | shall address the process for evaluating prior training | ||||||
| 26 | credit, a description and list of the courses typically | ||||||
| |||||||
| |||||||
| 1 | required for reciprocity candidates to complete prior to | ||||||
| 2 | taking the exam, and a procedure for employers seeking a | ||||||
| 3 | pre-activation determination for a reciprocity training | ||||||
| 4 | waiver. The rules shall provide that any eligible person | ||||||
| 5 | previously trained as a law enforcement or county corrections | ||||||
| 6 | officer under federal law or the laws of any other state shall | ||||||
| 7 | successfully complete the following prior to the approval of a | ||||||
| 8 | waiver: | ||||||
| 9 | (1) a training program or set of coursework approved | ||||||
| 10 | by the Board on the laws of this State relevant to the | ||||||
| 11 | duties and training requirements of law enforcement and | ||||||
| 12 | county correctional officers; | ||||||
| 13 | (2) firearms training; and | ||||||
| 14 | (3) successful passage of the equivalency | ||||||
| 15 | certification examination. | ||||||
| 16 | The employing agency may seek an extension waiver from the | ||||||
| 17 | Board extending the period for compliance. An extension waiver | ||||||
| 18 | shall be issued only for good and justifiable reasons, and the | ||||||
| 19 | probationary part-time law enforcement officer may not | ||||||
| 20 | practice as a part-time law enforcement officer during the | ||||||
| 21 | extension waiver period. If training is required and not | ||||||
| 22 | completed within the applicable time period, as extended by | ||||||
| 23 | any waiver that may be granted, then the officer must forfeit | ||||||
| 24 | the officer's position. | ||||||
| 25 | An individual who is not certified by the Board or whose | ||||||
| 26 | certified status is inactive shall not function as a law | ||||||
| |||||||
| |||||||
| 1 | enforcement officer, be assigned the duties of a law | ||||||
| 2 | enforcement officer by an agency, or be authorized to carry | ||||||
| 3 | firearms under the authority of the employer, except that | ||||||
| 4 | sheriffs who are elected are exempt from the requirement of | ||||||
| 5 | certified status. Failure to be in accordance with this Act | ||||||
| 6 | shall cause the officer to forfeit the officer's position. | ||||||
| 7 | (a-5) A part-time probationary law enforcement officer | ||||||
| 8 | shall be allowed to complete 6 six months of a part-time police | ||||||
| 9 | training course and function as a law enforcement officer as | ||||||
| 10 | permitted by this subsection with a waiver from the Board, | ||||||
| 11 | provided the part-time law enforcement officer is still | ||||||
| 12 | enrolled in the training course. If the part-time probationary | ||||||
| 13 | law enforcement officer withdraws from the course for any | ||||||
| 14 | reason or does not complete the course within the applicable | ||||||
| 15 | time period, as extended by any waiver that may be granted, | ||||||
| 16 | then the officer must forfeit the officer's position. A | ||||||
| 17 | probationary law enforcement officer must function under the | ||||||
| 18 | following rules: | ||||||
| 19 | (1) A law enforcement agency may not grant a person | ||||||
| 20 | status as a law enforcement officer unless the person has | ||||||
| 21 | been granted an active law enforcement officer | ||||||
| 22 | certification by the Board. | ||||||
| 23 | (2) A part-time probationary law enforcement officer | ||||||
| 24 | shall not be used as a permanent replacement for a | ||||||
| 25 | full-time law enforcement officer. | ||||||
| 26 | (3) A part-time probationary law enforcement officer | ||||||
| |||||||
| |||||||
| 1 | shall be directly supervised at all times by a | ||||||
| 2 | Board-certified Board certified law enforcement officer. | ||||||
| 3 | Direct supervision requires oversight and control with the | ||||||
| 4 | supervisor having final decision-making authority as to | ||||||
| 5 | the actions of the recruit during duty hours. | ||||||
| 6 | (b) Inactive status. A person who has an inactive law | ||||||
| 7 | enforcement officer certification has no law enforcement | ||||||
| 8 | authority. | ||||||
| 9 | (1) A law enforcement officer's certification becomes | ||||||
| 10 | inactive upon termination, resignation, retirement, or | ||||||
| 11 | separation from the employing agency for any reason. The | ||||||
| 12 | Board shall reactivate re-activate a certification upon | ||||||
| 13 | written application from the law enforcement officer's | ||||||
| 14 | employing agency that shows the law enforcement officer: | ||||||
| 15 | (i) has accepted a part-time law enforcement position with | ||||||
| 16 | that a law enforcement agency, (ii) is not the subject of a | ||||||
| 17 | decertification proceeding, and (iii) meets all other | ||||||
| 18 | criteria for reactivation re-activation required by the | ||||||
| 19 | Board. | ||||||
| 20 | The Board may refuse to reactivate re-activate the | ||||||
| 21 | certification of a law enforcement officer who was | ||||||
| 22 | involuntarily terminated for good cause by the officer's | ||||||
| 23 | employing agency for conduct subject to decertification | ||||||
| 24 | under this Act or resigned or retired after receiving | ||||||
| 25 | notice of a law enforcement agency's investigation. | ||||||
| 26 | (2) A law enforcement agency may place an officer who | ||||||
| |||||||
| |||||||
| 1 | is currently certified on inactive status by sending a | ||||||
| 2 | written request to the Board. A law enforcement officer | ||||||
| 3 | whose certificate has been placed on inactive status shall | ||||||
| 4 | not function as a law enforcement officer until the | ||||||
| 5 | officer has completed any requirements for reactivating | ||||||
| 6 | the certificate as required by the Board. A request for | ||||||
| 7 | inactive status in this subsection shall be in writing, | ||||||
| 8 | accompanied by verifying documentation, and shall be | ||||||
| 9 | submitted to the Board by the law enforcement officer's | ||||||
| 10 | employing agency. | ||||||
| 11 | (3) Certification that has become inactive under | ||||||
| 12 | paragraph (2) of this subsection (b), shall be reactivated | ||||||
| 13 | by written notice from the law enforcement officer's law | ||||||
| 14 | enforcement agency upon a showing that the law enforcement | ||||||
| 15 | officer is: (i) employed in a part-time law enforcement | ||||||
| 16 | position with the same law enforcement agency, (ii) not | ||||||
| 17 | the subject of a decertification proceeding, and (iii) | ||||||
| 18 | meets all other criteria for reactivation re-activation | ||||||
| 19 | required by the Board. The Board may also establish | ||||||
| 20 | special training requirements to be completed as a | ||||||
| 21 | condition for reactivation re-activation. | ||||||
| 22 | The Board shall review a notice for reactivation from | ||||||
| 23 | a law enforcement agency and provide a response within 30 | ||||||
| 24 | days. The Board may extend this review. A law enforcement | ||||||
| 25 | officer shall be allowed to be employed as a part-time law | ||||||
| 26 | enforcement officer while the law enforcement officer | ||||||
| |||||||
| |||||||
| 1 | reactivation waiver is under review. | ||||||
| 2 | A law enforcement officer who is refused reactivation | ||||||
| 3 | or an employing agency of a law enforcement officer who is | ||||||
| 4 | refused reactivation under this Section may request a | ||||||
| 5 | hearing in accordance with the hearing procedures as | ||||||
| 6 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
| 7 | (4) Notwithstanding paragraph (3) of this Section, a | ||||||
| 8 | law enforcement officer whose certification has become | ||||||
| 9 | inactive under paragraph (2) may have the officer's | ||||||
| 10 | employing agency submit a request for a waiver of training | ||||||
| 11 | requirements to the Board in writing and accompanied by | ||||||
| 12 | any verifying documentation. A grant of a waiver is within | ||||||
| 13 | the discretion of the Board. Within 7 days of receiving a | ||||||
| 14 | request for a waiver under this section, the Board shall | ||||||
| 15 | notify the law enforcement officer and the chief | ||||||
| 16 | administrator of the law enforcement officer's employing | ||||||
| 17 | agency, whether the request has been granted, denied, or | ||||||
| 18 | if the Board will take additional time for information. A | ||||||
| 19 | law enforcement agency or law enforcement officer, whose | ||||||
| 20 | request for a waiver under this subsection is denied, is | ||||||
| 21 | entitled to request a review of the denial by the Board. | ||||||
| 22 | The law enforcement agency must request a review within 20 | ||||||
| 23 | days after the waiver being denied. The burden of proof | ||||||
| 24 | shall be on the law enforcement agency to show why the law | ||||||
| 25 | enforcement officer is entitled to a waiver of the | ||||||
| 26 | legislatively required training and eligibility | ||||||
| |||||||
| |||||||
| 1 | requirements. | ||||||
| 2 | (c) The part-time police training course referred to in | ||||||
| 3 | this Section shall be of similar content and the same number of | ||||||
| 4 | hours as the courses for full-time officers and shall be | ||||||
| 5 | provided by Mobile Team In-Service Training Units under the | ||||||
| 6 | Intergovernmental Law Enforcement Officer's In-Service | ||||||
| 7 | Training Act or by another approved program or facility in a | ||||||
| 8 | manner prescribed by the Board. | ||||||
| 9 | (d) Within 14 days, a law enforcement officer shall report | ||||||
| 10 | to the Board: (1) any name change; (2) any change in | ||||||
| 11 | employment; or (3) the filing of any criminal indictment or | ||||||
| 12 | charges against the officer alleging that the officer | ||||||
| 13 | committed any offense as enumerated in Section 6.1 of this | ||||||
| 14 | Act. | ||||||
| 15 | (e) All law enforcement officers must report the | ||||||
| 16 | completion of the training requirements required in this Act | ||||||
| 17 | in compliance with Section 8.4 of this Act. | ||||||
| 18 | (e-1) Each employing agency shall allow and provide an | ||||||
| 19 | opportunity for a law enforcement officer to complete the | ||||||
| 20 | requirements in this Act. All mandated training shall be | ||||||
| 21 | provided for at no cost to the employees. Employees shall be | ||||||
| 22 | paid for all time spent attending mandated training. | ||||||
| 23 | (e-2) Each agency, academy, or training provider shall | ||||||
| 24 | maintain proof of a law enforcement officer's completion of | ||||||
| 25 | legislatively required training in a format designated by the | ||||||
| 26 | Board. The report of training shall be submitted to the Board | ||||||
| |||||||
| |||||||
| 1 | within 30 days following completion of the training. A copy of | ||||||
| 2 | the report shall be submitted to the law enforcement officer. | ||||||
| 3 | Upon receipt of a properly completed report of training, the | ||||||
| 4 | Board will make the appropriate entry into the training | ||||||
| 5 | records of the law enforcement officer. | ||||||
| 6 | (f) For the purposes of this Section, the Board shall | ||||||
| 7 | adopt rules defining what constitutes employment on a | ||||||
| 8 | part-time basis. | ||||||
| 9 | (g) Notwithstanding any provision of law to the contrary, | ||||||
| 10 | the changes made to this Section by Public Act 102-694 this | ||||||
| 11 | amendatory Act of the 102nd General Assembly and Public Act | ||||||
| 12 | 101-652 take effect July 1, 2022. | ||||||
| 13 | (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24; | ||||||
| 14 | revised 7-29-24.)
| ||||||
| 15 | (50 ILCS 705/10.25) | ||||||
| 16 | Sec. 10.25. Training; cell phone medical information. The | ||||||
| 17 | Board shall develop and require each law enforcement officer | ||||||
| 18 | to participate in training on accessing and utilizing medical | ||||||
| 19 | information stored in cell phones. The Board may use the | ||||||
| 20 | program approved under Section 2310-711 of the Department of | ||||||
| 21 | Public Health Powers and Duties Law of the Civil | ||||||
| 22 | Administrative Code of Illinois to develop the Board's | ||||||
| 23 | program. | ||||||
| 24 | (Source: P.A. 103-939, eff. 1-1-25.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/10.26) | ||||||
| 2 | Sec. 10.26 10.25. Training; autism-informed response | ||||||
| 3 | training course. | ||||||
| 4 | (a) The Board shall develop or approve a course to assist | ||||||
| 5 | law enforcement officers in identifying and appropriately | ||||||
| 6 | responding to individuals with autism spectrum disorders. | ||||||
| 7 | (b) The Board shall conduct or approve the autism-informed | ||||||
| 8 | response training course no later than January 1, 2027 (2 | ||||||
| 9 | years after the effective date of Public Act 103-949) this | ||||||
| 10 | amendatory Act of the 103rd General Assembly. The Board may | ||||||
| 11 | consult with the Department of Public Health or Department of | ||||||
| 12 | Human Services to develop and update the curriculum as needed. | ||||||
| 13 | The course must include instruction in autism-informed | ||||||
| 14 | responses, procedures, and techniques, which may include, but | ||||||
| 15 | are not limited to: | ||||||
| 16 | (1) recognizing the signs and symptoms of an autism | ||||||
| 17 | spectrum disorder; | ||||||
| 18 | (2) responding to the needs of a victim with an autism | ||||||
| 19 | spectrum disorder; | ||||||
| 20 | (3) interview and interrogation techniques for an | ||||||
| 21 | individual with an autism spectrum disorder; and | ||||||
| 22 | (4) techniques for differentiating an individual with | ||||||
| 23 | an autism spectrum disorder from a person who is being | ||||||
| 24 | belligerent and uncooperative. | ||||||
| 25 | The Board must, within a reasonable amount of time, update | ||||||
| 26 | this course, from time to time, to conform with national | ||||||
| |||||||
| |||||||
| 1 | trends and best practices. | ||||||
| 2 | (c) The Board is encouraged to adopt model policies to | ||||||
| 3 | assist law enforcement agencies in appropriately responding to | ||||||
| 4 | individuals with autism spectrum disorders. | ||||||
| 5 | (Source: P.A. 103-949, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 6 | Section 360. The Emergency Telephone System Act is amended | ||||||
| 7 | by changing Section 7.1 as follows:
| ||||||
| 8 | (50 ILCS 750/7.1) | ||||||
| 9 | (Section scheduled to be repealed on December 31, 2025) | ||||||
| 10 | Sec. 7.1. Training. | ||||||
| 11 | (a) Each 9-1-1 Authority, as well as its answering points, | ||||||
| 12 | shall ensure its public safety telecommunicators and public | ||||||
| 13 | safety telecommunicator Supervisors comply with the training, | ||||||
| 14 | testing, and certification requirements established pursuant | ||||||
| 15 | to Section 2605-53 of the Illinois Department of State Police | ||||||
| 16 | Law. | ||||||
| 17 | (b) Each 9-1-1 Authority, as well as its answering points, | ||||||
| 18 | shall maintain a record regarding its public safety | ||||||
| 19 | telecommunicators and public safety telecommunicator | ||||||
| 20 | Supervisors compliance with this Section for at least 7 years | ||||||
| 21 | and shall make the training records available for inspection | ||||||
| 22 | by the Administrator upon request. | ||||||
| 23 | (c) Costs incurred for the development of standards, | ||||||
| 24 | training, testing, and certification shall be expenses paid by | ||||||
| |||||||
| |||||||
| 1 | the Department from the funds available to the Administrator | ||||||
| 2 | and the Statewide 9-1-1 Advisory Board under Section 30 of | ||||||
| 3 | this Act. Nothing in this subsection shall prohibit the use of | ||||||
| 4 | grants or other nonsurcharge funding sources available for | ||||||
| 5 | this purpose. | ||||||
| 6 | (Source: P.A. 102-9, eff. 6-3-21; revised 10-16-24.)
| ||||||
| 7 | Section 365. The Community Emergency Services and Support | ||||||
| 8 | Act is amended by changing Section 55 as follows:
| ||||||
| 9 | (50 ILCS 754/55) | ||||||
| 10 | Sec. 55. Immunity. The exemptions from civil liability in | ||||||
| 11 | Section 15.1 of the Emergency Telephone System Systems Act | ||||||
| 12 | apply to any act or omission in the development, design, | ||||||
| 13 | installation, operation, maintenance, performance, or | ||||||
| 14 | provision of service directed by this Act. | ||||||
| 15 | (Source: P.A. 102-580, eff. 1-1-22; revised 7-29-24.)
| ||||||
| 16 | Section 370. The Small Wireless Facilities Deployment Act | ||||||
| 17 | is amended by changing Section 15 as follows:
| ||||||
| 18 | (50 ILCS 840/15) (was 50 ILCS 835/15) | ||||||
| 19 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 20 | Sec. 15. Regulation of small wireless facilities. | ||||||
| 21 | (a) This Section applies to activities of a wireless | ||||||
| 22 | provider within or outside rights-of-way. | ||||||
| |||||||
| |||||||
| 1 | (b) Except as provided in this Section, an authority may | ||||||
| 2 | not prohibit, regulate, or charge for the collocation of small | ||||||
| 3 | wireless facilities. | ||||||
| 4 | (c) Small wireless facilities shall be classified as | ||||||
| 5 | permitted uses and subject to administrative review in | ||||||
| 6 | conformance with this Act, except as provided in paragraph (5) | ||||||
| 7 | of subsection (d) of this Section regarding height exceptions | ||||||
| 8 | or variances, but not subject to zoning review or approval if | ||||||
| 9 | they are collocated (i) in rights-of-way in any zone, or (ii) | ||||||
| 10 | outside rights-of-way in property zoned exclusively for | ||||||
| 11 | commercial or industrial use. | ||||||
| 12 | (d) An authority may require an applicant to obtain one or | ||||||
| 13 | more permits to collocate a small wireless facility. An | ||||||
| 14 | authority shall receive applications for, process, and issue | ||||||
| 15 | permits subject to the following requirements: | ||||||
| 16 | (1) An authority may not directly or indirectly | ||||||
| 17 | require an applicant to perform services unrelated to the | ||||||
| 18 | collocation for which approval is sought, such as in-kind | ||||||
| 19 | contributions to the authority, including reserving fiber, | ||||||
| 20 | conduit, or utility pole space for the authority on the | ||||||
| 21 | wireless provider's utility pole. An authority may reserve | ||||||
| 22 | space on authority utility poles for future public safety | ||||||
| 23 | uses or for the authority's electric utility uses, but a | ||||||
| 24 | reservation of space may not preclude the collocation of a | ||||||
| 25 | small wireless facility unless the authority reasonably | ||||||
| 26 | determines that the authority utility pole cannot | ||||||
| |||||||
| |||||||
| 1 | accommodate both uses. | ||||||
| 2 | (2) An applicant shall not be required to provide more | ||||||
| 3 | information to obtain a permit than the authority requires | ||||||
| 4 | of a communications service provider that is not a | ||||||
| 5 | wireless provider that requests to attach facilities to a | ||||||
| 6 | structure; however, a wireless provider may be required to | ||||||
| 7 | provide the following information when seeking a permit to | ||||||
| 8 | collocate small wireless facilities on a utility pole or | ||||||
| 9 | wireless support structure: | ||||||
| 10 | (A) site specific structural integrity and, for an | ||||||
| 11 | authority utility pole, make-ready analysis prepared | ||||||
| 12 | by a structural engineer, as that term is defined in | ||||||
| 13 | Section 4 of the Structural Engineering Practice Act | ||||||
| 14 | of 1989; | ||||||
| 15 | (B) the location where each proposed small | ||||||
| 16 | wireless facility or utility pole would be installed | ||||||
| 17 | and photographs of the location and its immediate | ||||||
| 18 | surroundings depicting the utility poles or structures | ||||||
| 19 | on which each proposed small wireless facility would | ||||||
| 20 | be mounted or location where utility poles or | ||||||
| 21 | structures would be installed; | ||||||
| 22 | (C) specifications and drawings prepared by a | ||||||
| 23 | structural engineer, as that term is defined in | ||||||
| 24 | Section 4 of the Structural Engineering Practice Act | ||||||
| 25 | of 1989, for each proposed small wireless facility | ||||||
| 26 | covered by the application as it is proposed to be | ||||||
| |||||||
| |||||||
| 1 | installed; | ||||||
| 2 | (D) the equipment type and model numbers for the | ||||||
| 3 | antennas and all other wireless equipment associated | ||||||
| 4 | with the small wireless facility; | ||||||
| 5 | (E) a proposed schedule for the installation and | ||||||
| 6 | completion of each small wireless facility covered by | ||||||
| 7 | the application, if approved; | ||||||
| 8 | (F) certification that the collocation complies | ||||||
| 9 | with paragraph (6) to the best of the applicant's | ||||||
| 10 | knowledge; and | ||||||
| 11 | (G) the wireless provider's certification from a | ||||||
| 12 | radio engineer that it operates the small wireless | ||||||
| 13 | facility within all applicable FCC standards. | ||||||
| 14 | (3) Subject to paragraph (6), an authority may not | ||||||
| 15 | require the placement of small wireless facilities on any | ||||||
| 16 | specific utility pole, or category of utility poles, or | ||||||
| 17 | require multiple antenna systems on a single utility pole; | ||||||
| 18 | however, with respect to an application for the | ||||||
| 19 | collocation of a small wireless facility associated with a | ||||||
| 20 | new utility pole, an authority may propose that the small | ||||||
| 21 | wireless facility be collocated on an existing utility | ||||||
| 22 | pole or existing wireless support structure within 200 | ||||||
| 23 | feet of the proposed collocation, which the applicant | ||||||
| 24 | shall accept if it has the right to use the alternate | ||||||
| 25 | structure on reasonable terms and conditions and the | ||||||
| 26 | alternate location and structure does not impose technical | ||||||
| |||||||
| |||||||
| 1 | limits or additional material costs as determined by the | ||||||
| 2 | applicant. The authority may require the applicant to | ||||||
| 3 | provide a written certification describing the property | ||||||
| 4 | rights, technical limits, or material cost reasons the | ||||||
| 5 | alternate location does not satisfy the criteria in this | ||||||
| 6 | paragraph (3). | ||||||
| 7 | (4) Subject to paragraph (6), an authority may not | ||||||
| 8 | limit the placement of small wireless facilities mounted | ||||||
| 9 | on a utility pole or a wireless support structure by | ||||||
| 10 | minimum horizontal separation distances. | ||||||
| 11 | (5) An authority may limit the maximum height of a | ||||||
| 12 | small wireless facility to 10 feet above the utility pole | ||||||
| 13 | or wireless support structure on which the small wireless | ||||||
| 14 | facility is collocated. Subject to any applicable waiver, | ||||||
| 15 | zoning, or other process that addresses wireless provider | ||||||
| 16 | requests for an exception or variance and does not | ||||||
| 17 | prohibit granting of such exceptions or variances, the | ||||||
| 18 | authority may limit the height of new or replacement | ||||||
| 19 | utility poles or wireless support structures on which | ||||||
| 20 | small wireless facilities are collocated to the higher of: | ||||||
| 21 | (i) 10 feet in height above the tallest existing utility | ||||||
| 22 | pole, other than a utility pole supporting only wireless | ||||||
| 23 | facilities, that is in place on the date the application | ||||||
| 24 | is submitted to the authority, that is located within 300 | ||||||
| 25 | feet of the new or replacement utility pole or wireless | ||||||
| 26 | support structure and that is in the same right-of-way | ||||||
| |||||||
| |||||||
| 1 | within the jurisdictional boundary of the authority, | ||||||
| 2 | provided the authority may designate which intersecting | ||||||
| 3 | right-of-way within 300 feet of the proposed utility pole | ||||||
| 4 | or wireless support structures shall control the height | ||||||
| 5 | limitation for such facility; or (ii) 45 feet above ground | ||||||
| 6 | level. | ||||||
| 7 | (6) An authority may require that: | ||||||
| 8 | (A) the wireless provider's operation of the small | ||||||
| 9 | wireless facilities does not interfere with the | ||||||
| 10 | frequencies used by a public safety agency for public | ||||||
| 11 | safety communications; a wireless provider shall | ||||||
| 12 | install small wireless facilities of the type and | ||||||
| 13 | frequency that will not cause unacceptable | ||||||
| 14 | interference with a public safety agency's | ||||||
| 15 | communications equipment; unacceptable interference | ||||||
| 16 | will be determined by and measured in accordance with | ||||||
| 17 | industry standards and the FCC's regulations | ||||||
| 18 | addressing unacceptable interference to public safety | ||||||
| 19 | spectrum or any other spectrum licensed by a public | ||||||
| 20 | safety agency; if a small wireless facility causes | ||||||
| 21 | such interference, and the wireless provider has been | ||||||
| 22 | given written notice of the interference by the public | ||||||
| 23 | safety agency, the wireless provider, at its own | ||||||
| 24 | expense, shall take all reasonable steps necessary to | ||||||
| 25 | correct and eliminate the interference, including, but | ||||||
| 26 | not limited to, powering down the small wireless | ||||||
| |||||||
| |||||||
| 1 | facility and later powering up the small wireless | ||||||
| 2 | facility for intermittent testing, if necessary; the | ||||||
| 3 | authority may terminate a permit for a small wireless | ||||||
| 4 | facility based on such interference if the wireless | ||||||
| 5 | provider is not making a good faith effort to remedy | ||||||
| 6 | the problem in a manner consistent with the abatement | ||||||
| 7 | and resolution procedures for interference with public | ||||||
| 8 | safety spectrum established by the FCC including 47 | ||||||
| 9 | CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 | ||||||
| 10 | through 47 CFR 90.675; | ||||||
| 11 | (B) the wireless provider comply with requirements | ||||||
| 12 | that are imposed by a contract between an authority | ||||||
| 13 | and a private property owner that concern design or | ||||||
| 14 | construction standards applicable to utility poles and | ||||||
| 15 | ground-mounted equipment located in the right-of-way; | ||||||
| 16 | (C) the wireless provider comply with applicable | ||||||
| 17 | spacing requirements in applicable codes and | ||||||
| 18 | ordinances concerning the location of ground-mounted | ||||||
| 19 | equipment located in the right-of-way if the | ||||||
| 20 | requirements include a waiver, zoning, or other | ||||||
| 21 | process that addresses wireless provider requests for | ||||||
| 22 | exception or variance and do not prohibit granting of | ||||||
| 23 | such exceptions or variances; | ||||||
| 24 | (D) the wireless provider comply with local code | ||||||
| 25 | provisions or regulations concerning undergrounding | ||||||
| 26 | requirements that prohibit the installation of new or | ||||||
| |||||||
| |||||||
| 1 | the modification of existing utility poles in a | ||||||
| 2 | right-of-way without prior approval if the | ||||||
| 3 | requirements include a waiver, zoning, or other | ||||||
| 4 | process that addresses requests to install such new | ||||||
| 5 | utility poles or modify such existing utility poles | ||||||
| 6 | and do not prohibit the replacement of utility poles; | ||||||
| 7 | (E) the wireless provider comply with generally | ||||||
| 8 | applicable standards that are consistent with this Act | ||||||
| 9 | and adopted by an authority for construction and | ||||||
| 10 | public safety in the rights-of-way, including, but not | ||||||
| 11 | limited to, reasonable and nondiscriminatory wiring | ||||||
| 12 | and cabling requirements, grounding requirements, | ||||||
| 13 | utility pole extension requirements, acoustic | ||||||
| 14 | regulations, and signage limitations; and shall comply | ||||||
| 15 | with reasonable and nondiscriminatory requirements | ||||||
| 16 | that are consistent with this Act and adopted by an | ||||||
| 17 | authority regulating the location, size, surface area | ||||||
| 18 | and height of small wireless facilities, or the | ||||||
| 19 | abandonment and removal of small wireless facilities; | ||||||
| 20 | (F) the wireless provider not collocate small | ||||||
| 21 | wireless facilities on authority utility poles that | ||||||
| 22 | are part of an electric distribution or transmission | ||||||
| 23 | system within the communication worker safety zone of | ||||||
| 24 | the pole or the electric supply zone of the pole; | ||||||
| 25 | however, the antenna and support equipment of the | ||||||
| 26 | small wireless facility may be located in the | ||||||
| |||||||
| |||||||
| 1 | communications space on the authority utility pole and | ||||||
| 2 | on the top of the pole, if not otherwise unavailable, | ||||||
| 3 | if the wireless provider complies with applicable | ||||||
| 4 | codes for work involving the top of the pole; for | ||||||
| 5 | purposes of this subparagraph (F), the terms | ||||||
| 6 | "communications space", "communication worker safety | ||||||
| 7 | zone", and "electric supply zone" have the meanings | ||||||
| 8 | given to those terms in the National Electric Safety | ||||||
| 9 | Code as published by the Institute of Electrical and | ||||||
| 10 | Electronics Engineers; | ||||||
| 11 | (G) the wireless provider comply with the | ||||||
| 12 | applicable codes and local code provisions or | ||||||
| 13 | regulations that concern public safety; | ||||||
| 14 | (H) the wireless provider comply with written | ||||||
| 15 | design standards that are generally applicable for | ||||||
| 16 | decorative utility poles, or reasonable stealth, | ||||||
| 17 | concealment, and aesthetic requirements that are | ||||||
| 18 | identified by the authority in an ordinance, written | ||||||
| 19 | policy adopted by the governing board of the | ||||||
| 20 | authority, a comprehensive plan, or other written | ||||||
| 21 | design plan that applies to other occupiers of the | ||||||
| 22 | rights-of-way, including on a historic landmark or in | ||||||
| 23 | a historic district; | ||||||
| 24 | (I) subject to subsection (c) of this Section, and | ||||||
| 25 | except for facilities excluded from evaluation for | ||||||
| 26 | effects on historic properties under 47 CFR | ||||||
| |||||||
| |||||||
| 1 | 1.1307(a)(4), reasonable, technically feasible, and | ||||||
| 2 | non-discriminatory design or concealment measures in a | ||||||
| 3 | historic district or historic landmark; any such | ||||||
| 4 | design or concealment measures, including restrictions | ||||||
| 5 | on a specific category of poles, may not have the | ||||||
| 6 | effect of prohibiting any provider's technology; such | ||||||
| 7 | design and concealment measures shall not be | ||||||
| 8 | considered a part of the small wireless facility for | ||||||
| 9 | purposes of the size restrictions of a small wireless | ||||||
| 10 | facility; this paragraph may not be construed to limit | ||||||
| 11 | an authority's enforcement of historic preservation in | ||||||
| 12 | conformance with the requirements adopted pursuant to | ||||||
| 13 | the Illinois State Agency Historic Resources | ||||||
| 14 | Preservation Act or the National Historic Preservation | ||||||
| 15 | Act of 1966, 54 U.S.C. Section 300101 et seq., and the | ||||||
| 16 | regulations adopted to implement those laws; and | ||||||
| 17 | (J) When a wireless provider replaces or adds a | ||||||
| 18 | new radio transceiver or antennas to an existing small | ||||||
| 19 | wireless facility, certification by the wireless | ||||||
| 20 | provider from a radio engineer that the continuing | ||||||
| 21 | operation of the small wireless facility complies with | ||||||
| 22 | all applicable FCC standards. | ||||||
| 23 | (7) Within 30 days after receiving an application, an | ||||||
| 24 | authority must determine whether the application is | ||||||
| 25 | complete and notify the applicant. If an application is | ||||||
| 26 | incomplete, an authority must specifically identify the | ||||||
| |||||||
| |||||||
| 1 | missing information. An application shall be deemed | ||||||
| 2 | complete if the authority fails to provide notification to | ||||||
| 3 | the applicant within 30 days after when all documents, | ||||||
| 4 | information, and fees specifically enumerated in the | ||||||
| 5 | authority's permit application form are submitted by the | ||||||
| 6 | applicant to the authority. Processing deadlines are | ||||||
| 7 | tolled from the time the authority sends the notice of | ||||||
| 8 | incompleteness to the time the applicant provides the | ||||||
| 9 | missing information. | ||||||
| 10 | (8) An authority shall process applications as | ||||||
| 11 | follows: | ||||||
| 12 | (A) an application to collocate a small wireless | ||||||
| 13 | facility on an existing utility pole or wireless | ||||||
| 14 | support structure shall be processed on a | ||||||
| 15 | nondiscriminatory basis and deemed approved if the | ||||||
| 16 | authority fails to approve or deny the application | ||||||
| 17 | within 90 days; however, if an applicant intends to | ||||||
| 18 | proceed with the permitted activity on a deemed | ||||||
| 19 | approved basis, the applicant must notify the | ||||||
| 20 | authority in writing of its intention to invoke the | ||||||
| 21 | deemed approved remedy no sooner than 75 days after | ||||||
| 22 | the submission of a completed application; the permit | ||||||
| 23 | shall be deemed approved on the latter of the 90th day | ||||||
| 24 | after submission of the complete application or the | ||||||
| 25 | 10th day after the receipt of the deemed approved | ||||||
| 26 | notice by the authority; the receipt of the deemed | ||||||
| |||||||
| |||||||
| 1 | approved notice shall not preclude the authority's | ||||||
| 2 | denial of the permit request within the time limits as | ||||||
| 3 | provided under this Act; and | ||||||
| 4 | (B) an application to collocate a small wireless | ||||||
| 5 | facility that includes the installation of a new | ||||||
| 6 | utility pole shall be processed on a nondiscriminatory | ||||||
| 7 | basis and deemed approved if the authority fails to | ||||||
| 8 | approve or deny the application within 120 days; | ||||||
| 9 | however, if an applicant intends to proceed with the | ||||||
| 10 | permitted activity on a deemed approved basis, the | ||||||
| 11 | applicant must notify the authority in writing of its | ||||||
| 12 | intention to invoke the deemed approved remedy no | ||||||
| 13 | sooner than 105 days after the submission of a | ||||||
| 14 | completed application; the permit shall be deemed | ||||||
| 15 | approved on the latter of the 120th day after | ||||||
| 16 | submission of the complete application or the 10th day | ||||||
| 17 | after the receipt of the deemed approved notice by the | ||||||
| 18 | authority; the receipt of the deemed approved notice | ||||||
| 19 | shall not preclude the authority's denial of the | ||||||
| 20 | permit request within the time limits as provided | ||||||
| 21 | under this Act. | ||||||
| 22 | (9) An authority shall approve an application unless | ||||||
| 23 | the application does not meet the requirements of this | ||||||
| 24 | Act. If an authority determines that applicable codes, | ||||||
| 25 | local code provisions or regulations that concern public | ||||||
| 26 | safety, or the requirements of paragraph (6) require that | ||||||
| |||||||
| |||||||
| 1 | the utility pole or wireless support structure be replaced | ||||||
| 2 | before the requested collocation, approval may be | ||||||
| 3 | conditioned on the replacement of the utility pole or | ||||||
| 4 | wireless support structure at the cost of the provider. | ||||||
| 5 | The authority must document the basis for a denial, | ||||||
| 6 | including the specific code provisions or application | ||||||
| 7 | conditions on which the denial was based, and send the | ||||||
| 8 | documentation to the applicant on or before the day the | ||||||
| 9 | authority denies an application. The applicant may cure | ||||||
| 10 | the deficiencies identified by the authority and resubmit | ||||||
| 11 | the revised application once within 30 days after notice | ||||||
| 12 | of denial is sent to the applicant without paying an | ||||||
| 13 | additional application fee. The authority shall approve or | ||||||
| 14 | deny the revised application within 30 days after the | ||||||
| 15 | applicant resubmits the application or it is deemed | ||||||
| 16 | approved; however, the applicant must notify the authority | ||||||
| 17 | in writing of its intention to proceed with the permitted | ||||||
| 18 | activity on a deemed approved basis, which may be | ||||||
| 19 | submitted with the resubmitted application. Any subsequent | ||||||
| 20 | review shall be limited to the deficiencies cited in the | ||||||
| 21 | denial. However, this revised application cure does not | ||||||
| 22 | apply if the cure requires the review of a new location, | ||||||
| 23 | new or different structure to be collocated upon, new | ||||||
| 24 | antennas, or other wireless equipment associated with the | ||||||
| 25 | small wireless facility. | ||||||
| 26 | (10) The time period for applications may be further | ||||||
| |||||||
| |||||||
| 1 | tolled by: | ||||||
| 2 | (A) the express agreement in writing by both the | ||||||
| 3 | applicant and the authority; or | ||||||
| 4 | (B) a local, State, or federal disaster | ||||||
| 5 | declaration or similar emergency that causes the | ||||||
| 6 | delay. | ||||||
| 7 | (11) An applicant seeking to collocate small wireless | ||||||
| 8 | facilities within the jurisdiction of a single authority | ||||||
| 9 | shall be allowed, at the applicant's discretion, to file a | ||||||
| 10 | consolidated application and receive a single permit for | ||||||
| 11 | the collocation of up to 25 small wireless facilities if | ||||||
| 12 | the collocations each involve substantially the same type | ||||||
| 13 | of small wireless facility and substantially the same type | ||||||
| 14 | of structure. If an application includes multiple small | ||||||
| 15 | wireless facilities, the authority may remove small | ||||||
| 16 | wireless facility collocations from the application and | ||||||
| 17 | treat separately small wireless facility collocations for | ||||||
| 18 | which incomplete information has been provided or that do | ||||||
| 19 | not qualify for consolidated treatment or that are denied. | ||||||
| 20 | The authority may issue separate permits for each | ||||||
| 21 | collocation that is approved in a consolidated | ||||||
| 22 | application. | ||||||
| 23 | (12) Collocation for which a permit is granted shall | ||||||
| 24 | be completed within 180 days after issuance of the permit, | ||||||
| 25 | unless the authority and the wireless provider agree to | ||||||
| 26 | extend this period or a delay is caused by make-ready work | ||||||
| |||||||
| |||||||
| 1 | for an authority utility pole or by the lack of commercial | ||||||
| 2 | power or backhaul availability at the site, provided the | ||||||
| 3 | wireless provider has made a timely request within 60 days | ||||||
| 4 | after the issuance of the permit for commercial power or | ||||||
| 5 | backhaul services, and the additional time to complete | ||||||
| 6 | installation does not exceed 360 days after issuance of | ||||||
| 7 | the permit. Otherwise, the permit shall be void unless the | ||||||
| 8 | authority grants an extension in writing to the applicant. | ||||||
| 9 | (13) The duration of a permit shall be for a period of | ||||||
| 10 | not less than 5 years, and the permit shall be renewed for | ||||||
| 11 | equivalent durations unless the authority makes a finding | ||||||
| 12 | that the small wireless facilities or the new or modified | ||||||
| 13 | utility pole do not comply with the applicable codes or | ||||||
| 14 | local code provisions or regulations in paragraphs (6) and | ||||||
| 15 | (9). If this Act is repealed as provided in Section 90, | ||||||
| 16 | renewals of permits shall be subject to the applicable | ||||||
| 17 | authority code provisions or regulations in effect at the | ||||||
| 18 | time of renewal. | ||||||
| 19 | (14) An authority may not prohibit, either expressly | ||||||
| 20 | or de facto, the (i) filing, receiving, or processing | ||||||
| 21 | applications, or (ii) issuing of permits or other | ||||||
| 22 | approvals, if any, for the collocation of small wireless | ||||||
| 23 | facilities unless there has been a local, State, or | ||||||
| 24 | federal disaster declaration or similar emergency that | ||||||
| 25 | causes the delay. | ||||||
| 26 | (15) Applicants shall submit applications, supporting | ||||||
| |||||||
| |||||||
| 1 | information, and notices by personal delivery or as | ||||||
| 2 | otherwise required by the authority. An authority may | ||||||
| 3 | require that permits, supporting information, and notices | ||||||
| 4 | be submitted by personal delivery at the authority's | ||||||
| 5 | designated place of business, by regular mail postmarked | ||||||
| 6 | on the date due, or by any other commonly used means, | ||||||
| 7 | including electronic mail, as required by the authority. | ||||||
| 8 | (e) Application fees are subject to the following | ||||||
| 9 | requirements: | ||||||
| 10 | (1) An authority may charge an application fee of up | ||||||
| 11 | to $650 for an application to collocate a single small | ||||||
| 12 | wireless facility on an existing utility pole or wireless | ||||||
| 13 | support structure and up to $350 for each small wireless | ||||||
| 14 | facility addressed in an application to collocate more | ||||||
| 15 | than one small wireless facility on existing utility poles | ||||||
| 16 | or wireless support structures. | ||||||
| 17 | (2) An authority may charge an application fee of | ||||||
| 18 | $1,000 for each small wireless facility addressed in an | ||||||
| 19 | application that includes the installation of a new | ||||||
| 20 | utility pole for such collocation. | ||||||
| 21 | (3) Notwithstanding any contrary provision of State | ||||||
| 22 | law or local ordinance, applications pursuant to this | ||||||
| 23 | Section must be accompanied by the required application | ||||||
| 24 | fee. | ||||||
| 25 | (4) Within 2 months after the effective date of this | ||||||
| 26 | Act, an authority shall make available application fees | ||||||
| |||||||
| |||||||
| 1 | consistent with this subsection, through ordinance, or in | ||||||
| 2 | a written schedule of permit fees adopted by the | ||||||
| 3 | authority. | ||||||
| 4 | (5) Notwithstanding any provision of this Act to the | ||||||
| 5 | contrary, an authority may charge recurring rates and | ||||||
| 6 | application fees up to the amount permitted by the Federal | ||||||
| 7 | Communications Communication Commission in its Declaratory | ||||||
| 8 | Ruling and Third Report and Order adopted on September 26, | ||||||
| 9 | 2018 in WT Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd | ||||||
| 10 | 9088, 9129, or any subsequent ruling, order, or guidance | ||||||
| 11 | issued by the Federal Communication Commission regarding | ||||||
| 12 | fees and recurring rates. | ||||||
| 13 | (f) An authority shall not require an application, | ||||||
| 14 | approval, or permit, or require any fees or other charges, | ||||||
| 15 | from a communications service provider authorized to occupy | ||||||
| 16 | the rights-of-way, for: (i) routine maintenance; (ii) the | ||||||
| 17 | replacement of wireless facilities with wireless facilities | ||||||
| 18 | that are substantially similar, the same size, or smaller if | ||||||
| 19 | the wireless provider notifies the authority at least 10 days | ||||||
| 20 | prior to the planned replacement and includes equipment | ||||||
| 21 | specifications for the replacement of equipment consistent | ||||||
| 22 | with the requirements of subparagraph (D) of paragraph (2) of | ||||||
| 23 | subsection (d) of this Section; or (iii) the installation, | ||||||
| 24 | placement, maintenance, operation, or replacement of micro | ||||||
| 25 | wireless facilities that are suspended on cables that are | ||||||
| 26 | strung between existing utility poles in compliance with | ||||||
| |||||||
| |||||||
| 1 | applicable safety codes. However, an authority may require a | ||||||
| 2 | permit to work within rights-of-way for activities that affect | ||||||
| 3 | traffic patterns or require lane closures. | ||||||
| 4 | (g) Nothing in this Act authorizes a person to collocate | ||||||
| 5 | small wireless facilities on: (1) property owned by a private | ||||||
| 6 | party or property owned or controlled by a unit of local | ||||||
| 7 | government that is not located within rights-of-way, subject | ||||||
| 8 | to subsection (j) of this Section, or a privately owned | ||||||
| 9 | utility pole or wireless support structure without the consent | ||||||
| 10 | of the property owner; (2) property owned, leased, or | ||||||
| 11 | controlled by a park district, forest preserve district, or | ||||||
| 12 | conservation district for public park, recreation, or | ||||||
| 13 | conservation purposes without the consent of the affected | ||||||
| 14 | district, excluding the placement of facilities on | ||||||
| 15 | rights-of-way located in an affected district that are under | ||||||
| 16 | the jurisdiction and control of a different unit of local | ||||||
| 17 | government as provided by the Illinois Highway Code; or (3) | ||||||
| 18 | property owned by a rail carrier registered under Section | ||||||
| 19 | 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or | ||||||
| 20 | any other public commuter rail service, or an electric utility | ||||||
| 21 | as defined in Section 16-102 of the Public Utilities Act, | ||||||
| 22 | without the consent of the rail carrier, public commuter rail | ||||||
| 23 | service, or electric utility. The provisions of this Act do | ||||||
| 24 | not apply to an electric or gas public utility or such | ||||||
| 25 | utility's wireless facilities if the facilities are being | ||||||
| 26 | used, developed, and maintained consistent with the provisions | ||||||
| |||||||
| |||||||
| 1 | of subsection (i) of Section 16-108.5 of the Public Utilities | ||||||
| 2 | Act. | ||||||
| 3 | For the purposes of this subsection, "public utility" has | ||||||
| 4 | the meaning given to that term in Section 3-105 of the Public | ||||||
| 5 | Utilities Act. Nothing in this Act shall be construed to | ||||||
| 6 | relieve any person from any requirement (1) to obtain a | ||||||
| 7 | franchise or a State-issued authorization to offer cable | ||||||
| 8 | service or video service or (2) to obtain any required | ||||||
| 9 | permission to install, place, maintain, or operate | ||||||
| 10 | communications facilities, other than small wireless | ||||||
| 11 | facilities subject to this Act. | ||||||
| 12 | (h) Agreements between authorities and wireless providers | ||||||
| 13 | that relate to the collocation of small wireless facilities in | ||||||
| 14 | the right-of-way, including the collocation of small wireless | ||||||
| 15 | facilities on authority utility poles, that are in effect on | ||||||
| 16 | the effective date of this Act remain in effect for all small | ||||||
| 17 | wireless facilities collocated on the authority's utility | ||||||
| 18 | poles pursuant to applications submitted to the authority | ||||||
| 19 | before the effective date of this Act, subject to applicable | ||||||
| 20 | termination provisions. Such agreements entered into after the | ||||||
| 21 | effective date of the Act shall comply with the Act. | ||||||
| 22 | (i) An authority shall allow the collocation of small | ||||||
| 23 | wireless facilities on authority utility poles subject to the | ||||||
| 24 | following: | ||||||
| 25 | (1) An authority may not enter into an exclusive | ||||||
| 26 | arrangement with any person for the right to attach small | ||||||
| |||||||
| |||||||
| 1 | wireless facilities to authority utility poles. | ||||||
| 2 | (2) The rates and fees for collocations on authority | ||||||
| 3 | utility poles shall be nondiscriminatory regardless of the | ||||||
| 4 | services provided by the collocating person. | ||||||
| 5 | (3) An authority may charge an annual recurring rate | ||||||
| 6 | to collocate a small wireless facility on an authority | ||||||
| 7 | utility pole located in a right-of-way that equals (i) | ||||||
| 8 | $270 per year or (ii) the actual, direct, and reasonable | ||||||
| 9 | costs related to the wireless provider's use of space on | ||||||
| 10 | the authority utility pole. Rates for collocation on | ||||||
| 11 | authority utility poles located outside of a right-of-way | ||||||
| 12 | are not subject to these limitations. In any controversy | ||||||
| 13 | concerning the appropriateness of a cost-based rate for an | ||||||
| 14 | authority utility pole located within a right-of-way, the | ||||||
| 15 | authority shall have the burden of proving that the rate | ||||||
| 16 | does not exceed the actual, direct, and reasonable costs | ||||||
| 17 | for the applicant's proposed use of the authority utility | ||||||
| 18 | pole. Nothing in this paragraph (3) prohibits a wireless | ||||||
| 19 | provider and an authority from mutually agreeing to an | ||||||
| 20 | annual recurring rate of less than $270 to collocate a | ||||||
| 21 | small wireless facility on an authority utility pole. | ||||||
| 22 | (4) Authorities or other persons owning or controlling | ||||||
| 23 | authority utility poles within the right-of-way shall | ||||||
| 24 | offer rates, fees, and other terms that comply with | ||||||
| 25 | subparagraphs (A) through (E) of this paragraph (4). | ||||||
| 26 | Within 2 months after the effective date of this Act, an | ||||||
| |||||||
| |||||||
| 1 | authority or a person owning or controlling authority | ||||||
| 2 | utility poles shall make available, through ordinance or | ||||||
| 3 | an authority utility pole attachment agreement, license or | ||||||
| 4 | other agreement that makes available to wireless | ||||||
| 5 | providers, the rates, fees, and terms for the collocation | ||||||
| 6 | of small wireless facilities on authority utility poles | ||||||
| 7 | that comply with this Act and with subparagraphs (A) | ||||||
| 8 | through (E) of this paragraph (4). In the absence of such | ||||||
| 9 | an ordinance or agreement that complies with this Act, and | ||||||
| 10 | until such a compliant ordinance or agreement is adopted, | ||||||
| 11 | wireless providers may collocate small wireless facilities | ||||||
| 12 | and install utility poles under the requirements of this | ||||||
| 13 | Act. | ||||||
| 14 | (A) The rates, fees, and terms must be | ||||||
| 15 | nondiscriminatory, competitively neutral, and | ||||||
| 16 | commercially reasonable, and may address, among other | ||||||
| 17 | requirements, the requirements in subparagraphs (A) | ||||||
| 18 | through (I) of paragraph (6) of subsection (d) of this | ||||||
| 19 | Section; subsections (e), (i), and (k) of this | ||||||
| 20 | Section; Section 30; and Section 35, and must comply | ||||||
| 21 | with this Act. | ||||||
| 22 | (B) For authority utility poles that support | ||||||
| 23 | aerial facilities used to provide communications | ||||||
| 24 | services or electric service, wireless providers shall | ||||||
| 25 | comply with the process for make-ready work under 47 | ||||||
| 26 | U.S.C. 224 and its implementing regulations, and the | ||||||
| |||||||
| |||||||
| 1 | authority shall follow a substantially similar process | ||||||
| 2 | for make-ready work except to the extent that the | ||||||
| 3 | timing requirements are otherwise addressed in this | ||||||
| 4 | Act. The good-faith estimate of the person owning or | ||||||
| 5 | controlling the authority utility pole for any | ||||||
| 6 | make-ready work necessary to enable the pole to | ||||||
| 7 | support the requested collocation shall include | ||||||
| 8 | authority utility pole replacement, if necessary. | ||||||
| 9 | (C) For authority utility poles that do not | ||||||
| 10 | support aerial facilities used to provide | ||||||
| 11 | communications services or electric service, the | ||||||
| 12 | authority shall provide a good-faith estimate for any | ||||||
| 13 | make-ready work necessary to enable the authority | ||||||
| 14 | utility pole to support the requested collocation, | ||||||
| 15 | including pole replacement, if necessary, within 90 | ||||||
| 16 | days after receipt of a complete application. | ||||||
| 17 | Make-ready work, including any authority utility pole | ||||||
| 18 | replacement, shall be completed within 60 days of | ||||||
| 19 | written acceptance of the good-faith estimate by the | ||||||
| 20 | applicant at the wireless provider's sole cost and | ||||||
| 21 | expense. Alternatively, if the authority determines | ||||||
| 22 | that applicable codes or public safety regulations | ||||||
| 23 | require the authority utility pole to be replaced to | ||||||
| 24 | support the requested collocation, the authority may | ||||||
| 25 | require the wireless provider to replace the authority | ||||||
| 26 | utility pole at the wireless provider's sole cost and | ||||||
| |||||||
| |||||||
| 1 | expense. | ||||||
| 2 | (D) The authority shall not require more | ||||||
| 3 | make-ready work than required to meet applicable codes | ||||||
| 4 | or industry standards. Make-ready work may include | ||||||
| 5 | work needed to accommodate additional public safety | ||||||
| 6 | communications needs that are identified in a | ||||||
| 7 | documented and approved plan for the deployment of | ||||||
| 8 | public safety equipment as specified in paragraph (1) | ||||||
| 9 | of subsection (d) of this Section and included in an | ||||||
| 10 | existing or preliminary authority or public service | ||||||
| 11 | agency budget for attachment within one year of the | ||||||
| 12 | application. Fees for make-ready work, including any | ||||||
| 13 | authority utility pole replacement, shall not exceed | ||||||
| 14 | actual costs or the amount charged to communications | ||||||
| 15 | service providers for similar work and shall not | ||||||
| 16 | include any consultants' fees or expenses for | ||||||
| 17 | authority utility poles that do not support aerial | ||||||
| 18 | facilities used to provide communications services or | ||||||
| 19 | electric service. Make-ready work, including any pole | ||||||
| 20 | replacement, shall be completed within 60 days of | ||||||
| 21 | written acceptance of the good-faith estimate by the | ||||||
| 22 | wireless provider, at its sole cost and expense. | ||||||
| 23 | (E) A wireless provider that has an existing | ||||||
| 24 | agreement with the authority on the effective date of | ||||||
| 25 | the Act may accept the rates, fees, and terms that an | ||||||
| 26 | authority makes available under this Act for the | ||||||
| |||||||
| |||||||
| 1 | collocation of small wireless facilities or the | ||||||
| 2 | installation of new utility poles for the collocation | ||||||
| 3 | of small wireless facilities that are the subject of | ||||||
| 4 | an application submitted 2 or more years after the | ||||||
| 5 | effective date of the Act as provided in this | ||||||
| 6 | paragraph (4) by notifying the authority that it opts | ||||||
| 7 | to accept such rates, fees, and terms. The existing | ||||||
| 8 | agreement remains in effect, subject to applicable | ||||||
| 9 | termination provisions, for the small wireless | ||||||
| 10 | facilities the wireless provider has collocated on the | ||||||
| 11 | authority's utility poles pursuant to applications | ||||||
| 12 | submitted to the authority before the wireless | ||||||
| 13 | provider provides such notice and exercises its option | ||||||
| 14 | under this subparagraph. | ||||||
| 15 | (5) Notwithstanding any provision of this Act to the | ||||||
| 16 | contrary, an authority may charge recurring rates and | ||||||
| 17 | application fees up to the amount permitted by the Federal | ||||||
| 18 | Communications Communication Commission in its Declaratory | ||||||
| 19 | Ruling and Third Report and Order adopted on September 26, | ||||||
| 20 | 2018 in WT Docket Nos. 17-70, 17-84 and cited as 33 FCC Rcd | ||||||
| 21 | 9088, 9129, or any subsequent ruling, order, or guidance | ||||||
| 22 | issued by the Federal Communication Commission regarding | ||||||
| 23 | fees and recurring rates. | ||||||
| 24 | (j) An authority shall authorize the collocation of small | ||||||
| 25 | wireless facilities on utility poles owned or controlled by | ||||||
| 26 | the authority that are not located within rights-of-way to the | ||||||
| |||||||
| |||||||
| 1 | same extent the authority currently permits access to utility | ||||||
| 2 | poles for other commercial projects or uses. The collocations | ||||||
| 3 | shall be subject to reasonable and nondiscriminatory rates, | ||||||
| 4 | fees, and terms as provided in an agreement between the | ||||||
| 5 | authority and the wireless provider. | ||||||
| 6 | (k) Nothing in this Section precludes an authority from | ||||||
| 7 | adopting reasonable rules with respect to the removal of | ||||||
| 8 | abandoned small wireless facilities. A small wireless facility | ||||||
| 9 | that is not operated for a continuous period of 12 months shall | ||||||
| 10 | be considered abandoned and the owner of the facility must | ||||||
| 11 | remove the small wireless facility within 90 days after | ||||||
| 12 | receipt of written notice from the authority notifying the | ||||||
| 13 | owner of the abandonment. The notice shall be sent by | ||||||
| 14 | certified or registered mail, return receipt requested, by the | ||||||
| 15 | authority to the owner at the last known address of the owner. | ||||||
| 16 | If the small wireless facility is not removed within 90 days of | ||||||
| 17 | such notice, the authority may remove or cause the removal of | ||||||
| 18 | the facility pursuant to the terms of its pole attachment | ||||||
| 19 | agreement for authority utility poles or through whatever | ||||||
| 20 | actions are provided for abatement of nuisances or by other | ||||||
| 21 | law for removal and cost recovery. An authority may require a | ||||||
| 22 | wireless provider to provide written notice to the authority | ||||||
| 23 | if it sells or transfers small wireless facilities subject to | ||||||
| 24 | this Act within the jurisdictional boundary of the authority. | ||||||
| 25 | Such notice shall include the name and contact information of | ||||||
| 26 | the new wireless provider. | ||||||
| |||||||
| |||||||
| 1 | (l) Nothing in this Section requires an authority to | ||||||
| 2 | install or maintain any specific utility pole or to continue | ||||||
| 3 | to install or maintain utility poles in any location if the | ||||||
| 4 | authority makes a non-discriminatory decision to eliminate | ||||||
| 5 | above-ground utility poles of a particular type generally, | ||||||
| 6 | such as electric utility poles, in all or a significant | ||||||
| 7 | portion of its geographic jurisdiction. For authority utility | ||||||
| 8 | poles with collocated small wireless facilities in place when | ||||||
| 9 | an authority makes a decision to eliminate above-ground | ||||||
| 10 | utility poles of a particular type generally, the authority | ||||||
| 11 | shall either (i) continue to maintain the authority utility | ||||||
| 12 | pole or install and maintain a reasonable alternative utility | ||||||
| 13 | pole or wireless support structure for the collocation of the | ||||||
| 14 | small wireless facility, or (ii) offer to sell the utility | ||||||
| 15 | pole to the wireless provider at a reasonable cost or allow the | ||||||
| 16 | wireless provider to install its own utility pole so it can | ||||||
| 17 | maintain service from that location. | ||||||
| 18 | (Source: P.A. 102-9, eff. 6-3-21; 102-21, eff. 6-25-21; | ||||||
| 19 | 103-601, eff. 7-1-24; revised 10-21-24.)
| ||||||
| 20 | Section 375. The Counties Code is amended by changing | ||||||
| 21 | Sections 3-15003.6, 4-11001.5, 5-1009, 5-1069, 5-1069.3, | ||||||
| 22 | 5-12020, 5-15017, 5-31012, 5-31016, 6-4002, and 6-27004 and by | ||||||
| 23 | setting forth, renumbering, and changing multiple versions of | ||||||
| 24 | Sections 5-1189 and 5-12022 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (55 ILCS 5/3-15003.6) | ||||||
| 2 | Sec. 3-15003.6. Pregnant committed persons. | ||||||
| 3 | (a) Definitions. For the purpose of this Section and the | ||||||
| 4 | Sections preceding Section 3-15004: | ||||||
| 5 | (1) "Restraints" means any physical restraint or | ||||||
| 6 | mechanical device used to control the movement of a body | ||||||
| 7 | or limbs, or both, including, but not limited to, flex | ||||||
| 8 | cuffs, soft restraints, hard metal handcuffs, a black box, | ||||||
| 9 | Chubb cuffs, leg irons, belly chains, a security (tether) | ||||||
| 10 | chain, or a convex shield, or shackles of any kind. | ||||||
| 11 | (2) "Labor" means the period of time before a birth | ||||||
| 12 | and shall include any medical condition in which an | ||||||
| 13 | individual is sent or brought to the hospital for the | ||||||
| 14 | purpose of delivering a baby. These situations include: | ||||||
| 15 | induction of labor, prodromal labor, pre-term labor, | ||||||
| 16 | prelabor rupture of membranes, the 3 stages of active | ||||||
| 17 | labor, uterine hemorrhage during the third trimester of | ||||||
| 18 | pregnancy, and caesarian delivery including pre-operative | ||||||
| 19 | preparation. | ||||||
| 20 | (3) "Postpartum" means the 6-week period following | ||||||
| 21 | birth unless determined to be a longer period by a | ||||||
| 22 | physician, advanced practice registered nurse, physician | ||||||
| 23 | assistant, or other qualified medical professional. | ||||||
| 24 | (4) "Correctional institution" means any entity under | ||||||
| 25 | the authority of a county law enforcement division that | ||||||
| 26 | has the power to detain or restrain, or both, a person | ||||||
| |||||||
| |||||||
| 1 | under the laws of the State. | ||||||
| 2 | (5) "Corrections official" means the official that is | ||||||
| 3 | responsible for oversight of a correctional institution, | ||||||
| 4 | or his or her designee. | ||||||
| 5 | (6) "Committed person" means any person incarcerated | ||||||
| 6 | or detained in any facility who is accused of, convicted | ||||||
| 7 | of, sentenced for, or adjudicated delinquent for, | ||||||
| 8 | violations of criminal law or the terms and conditions of | ||||||
| 9 | parole, probation, pretrial release, or diversionary | ||||||
| 10 | program, and any person detained under the immigration | ||||||
| 11 | laws of the United States at any correctional facility. | ||||||
| 12 | (7) "Extraordinary circumstance" means an | ||||||
| 13 | extraordinary medical or security circumstance, including | ||||||
| 14 | a substantial flight risk, that dictates restraints be | ||||||
| 15 | used to ensure the safety and security of the committed | ||||||
| 16 | person, the staff of the correctional institution or | ||||||
| 17 | medical facility, other committed persons, or the public. | ||||||
| 18 | (8) "Participant" ' means an individual placed into an | ||||||
| 19 | electronic monitoring program, as defined by Section | ||||||
| 20 | 5-8A-2 of the Unified Code of Corrections. | ||||||
| 21 | (b) A county department of corrections shall not apply | ||||||
| 22 | security restraints to a committed person that has been | ||||||
| 23 | determined by a qualified medical professional to be pregnant | ||||||
| 24 | or otherwise is known by the county department of corrections | ||||||
| 25 | to be pregnant or in postpartum recovery unless the | ||||||
| 26 | corrections official makes an individualized determination | ||||||
| |||||||
| |||||||
| 1 | that the committed person presents a substantial flight risk | ||||||
| 2 | or some other extraordinary circumstance that dictates | ||||||
| 3 | security restraints be used to ensure the safety and security | ||||||
| 4 | of the committed person, committed person's child or unborn | ||||||
| 5 | child, the staff of the county department of corrections or | ||||||
| 6 | medical facility, other committed persons, or the public. The | ||||||
| 7 | protections set out in clauses (b)(3) and (b)(4) of this | ||||||
| 8 | Section shall apply to security restraints used pursuant to | ||||||
| 9 | this subsection. The corrections official shall immediately | ||||||
| 10 | remove all restraints upon the written or oral request of | ||||||
| 11 | medical personnel. The corrections official shall immediately | ||||||
| 12 | remove all approved electronic monitoring devices, as that | ||||||
| 13 | term is defined in Section 5-8A-2 of the Unified Code of | ||||||
| 14 | Corrections, of a pregnant participant during labor and | ||||||
| 15 | delivery or earlier upon the written or oral request of | ||||||
| 16 | medical personnel. Oral requests made by medical personnel | ||||||
| 17 | shall be verified in writing as promptly as reasonably | ||||||
| 18 | possible. | ||||||
| 19 | (1) Qualified authorized health staff shall have the | ||||||
| 20 | authority to order therapeutic restraints for a pregnant | ||||||
| 21 | or postpartum committed person who is a danger to the | ||||||
| 22 | committed person, the committed person's child, unborn | ||||||
| 23 | child, or other persons due to a psychiatric or medical | ||||||
| 24 | disorder. Therapeutic restraints may only be initiated, | ||||||
| 25 | monitored, and discontinued by qualified and authorized | ||||||
| 26 | health staff and used to safely limit a committed person's | ||||||
| |||||||
| |||||||
| 1 | mobility for psychiatric or medical reasons. No order for | ||||||
| 2 | therapeutic restraints shall be written unless medical or | ||||||
| 3 | mental health personnel, after personally observing and | ||||||
| 4 | examining the committed person, are clinically satisfied | ||||||
| 5 | that the use of therapeutic restraints is justified and | ||||||
| 6 | permitted in accordance with hospital policies and | ||||||
| 7 | applicable State law. Metal handcuffs or shackles are not | ||||||
| 8 | considered therapeutic restraints. | ||||||
| 9 | (2) Whenever therapeutic restraints are used by | ||||||
| 10 | medical personnel, Section 2-108 of the Mental Health and | ||||||
| 11 | Developmental Disabilities Code shall apply. | ||||||
| 12 | (3) Leg irons, shackles, or waist shackles shall not | ||||||
| 13 | be used on any pregnant or postpartum committed person | ||||||
| 14 | regardless of security classification. Except for | ||||||
| 15 | therapeutic restraints under clause (b)(2), no restraints | ||||||
| 16 | of any kind may be applied to committed persons during | ||||||
| 17 | labor. | ||||||
| 18 | (4) When a pregnant or postpartum committed person | ||||||
| 19 | must be restrained, restraints used shall be the least | ||||||
| 20 | restrictive restraints possible to ensure the safety and | ||||||
| 21 | security of the committed person, the committed person's | ||||||
| 22 | child, unborn child, the staff of the county department of | ||||||
| 23 | corrections or medical facility, other committed persons, | ||||||
| 24 | or the public, and in no case shall include leg irons, | ||||||
| 25 | shackles, or waist shackles. | ||||||
| 26 | (5) Upon the pregnant committed person's entry into a | ||||||
| |||||||
| |||||||
| 1 | hospital room, and completion of initial room inspection, | ||||||
| 2 | a corrections official shall be posted immediately outside | ||||||
| 3 | the hospital room, unless requested to be in the room by | ||||||
| 4 | medical personnel attending to the committed person's | ||||||
| 5 | medical needs. | ||||||
| 6 | (6) The county department of corrections shall provide | ||||||
| 7 | adequate corrections personnel to monitor the pregnant | ||||||
| 8 | committed person during the committed person's transport | ||||||
| 9 | to and from the hospital and during the committed person's | ||||||
| 10 | stay at the hospital. | ||||||
| 11 | (7) Where the county department of corrections | ||||||
| 12 | requires committed person safety assessments, a | ||||||
| 13 | corrections official may enter the hospital room to | ||||||
| 14 | conduct periodic committed person safety assessments, | ||||||
| 15 | except during a medical examination or the delivery | ||||||
| 16 | process. | ||||||
| 17 | (8) (Blank). | ||||||
| 18 | (c) Enforcement. No later than 30 days before the end of | ||||||
| 19 | each fiscal year, the county sheriff or corrections official | ||||||
| 20 | of the correctional institution where a pregnant or postpartum | ||||||
| 21 | committed person has been restrained pursuant to this Section | ||||||
| 22 | during that previous fiscal year, shall submit a written | ||||||
| 23 | report to the Jail and Detention Standards Unit of the | ||||||
| 24 | Department of Corrections, in a form and manner prescribed by | ||||||
| 25 | the Department, that includes an account of every instance of | ||||||
| 26 | restraint pursuant to this Section. The written report shall | ||||||
| |||||||
| |||||||
| 1 | state the date, time, location, and rationale for each | ||||||
| 2 | instance in which restraints are used. The written report | ||||||
| 3 | shall not contain any individually identifying information of | ||||||
| 4 | any committed person. Such reports shall be made available for | ||||||
| 5 | public inspection. | ||||||
| 6 | (d) Data reporting. No later than 30 days before the end of | ||||||
| 7 | each fiscal year, each county sheriff shall submit a written | ||||||
| 8 | report to the Jail and Detention Standards Unit of the | ||||||
| 9 | Department of Corrections, in a form and manner prescribed by | ||||||
| 10 | the Department, that includes the number of pregnant committed | ||||||
| 11 | persons in custody each year and the number of people who | ||||||
| 12 | deliver or miscarry while in custody. The written reports | ||||||
| 13 | shall not contain any individually identifying information of | ||||||
| 14 | a committed person. The written reports shall be made | ||||||
| 15 | available for public inspection. | ||||||
| 16 | (Source: P.A. 103-745, eff. 1-1-25; revised 11-22-24.)
| ||||||
| 17 | (55 ILCS 5/4-11001.5) | ||||||
| 18 | (Section scheduled to be repealed on January 1, 2026) | ||||||
| 19 | Sec. 4-11001.5. Lake County Children's Advocacy Center | ||||||
| 20 | Pilot Program. | ||||||
| 21 | (a) The Lake County Children's Advocacy Center Pilot | ||||||
| 22 | Program is established. Under the Pilot Program, any grand | ||||||
| 23 | juror or petit juror in Lake County may elect to have his or | ||||||
| 24 | her juror fees earned under Section 4-11001 of this Code to be | ||||||
| 25 | donated to the Lake County Children's Advocacy Center, a | ||||||
| |||||||
| |||||||
| 1 | division of the Lake County State's Attorney's office. | ||||||
| 2 | (b) On or before January 1, 2017, the Lake County board | ||||||
| 3 | shall adopt, by ordinance or resolution, rules and policies | ||||||
| 4 | governing and effectuating the ability of jurors to donate | ||||||
| 5 | their juror fees to the Lake County Children's Advocacy Center | ||||||
| 6 | beginning January 1, 2017 and ending December 31, 2018. At a | ||||||
| 7 | minimum, the rules and policies must provide: | ||||||
| 8 | (1) for a form that a juror may fill out to elect to | ||||||
| 9 | donate his or her juror fees. The form must contain a | ||||||
| 10 | statement, in at least 14-point bold type, that donation | ||||||
| 11 | of juror fees is optional; | ||||||
| 12 | (2) that all monies donated by jurors shall be | ||||||
| 13 | transferred by the county to the Lake County Children's | ||||||
| 14 | Advocacy Center at the same time a juror is paid under | ||||||
| 15 | Section 4-11001 of this Code who did not elect to donate | ||||||
| 16 | his or her juror fees; and | ||||||
| 17 | (3) that all juror fees donated under this Section | ||||||
| 18 | shall be used exclusively for the operation of Lake County | ||||||
| 19 | Children's Advocacy Center. | ||||||
| 20 | The Lake County board shall adopt an ordinance or | ||||||
| 21 | resolution reestablishing the rules and policies previously | ||||||
| 22 | adopted under this subsection allowing a juror to donate his | ||||||
| 23 | or her juror fees to the Lake County Children's Advocacy | ||||||
| 24 | Center through December 31, 2021. | ||||||
| 25 | (c) The following information shall be reported to the | ||||||
| 26 | General Assembly and the Governor by the Lake County board | ||||||
| |||||||
| |||||||
| 1 | after each calendar year of the Pilot Program on or before | ||||||
| 2 | March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021: | ||||||
| 3 | (1) the number of grand and petit jurors who earned | ||||||
| 4 | fees under Section 4-11001 of this Code during the | ||||||
| 5 | previous calendar year; | ||||||
| 6 | (2) the number of grand and petit jurors who donated | ||||||
| 7 | fees under this Section during the previous calendar year; | ||||||
| 8 | (3) the amount of donated fees under this Section | ||||||
| 9 | during the previous calendar year; | ||||||
| 10 | (4) how the monies donated in the previous calendar | ||||||
| 11 | year were used by the Lake County Children's Advocacy | ||||||
| 12 | Center; and | ||||||
| 13 | (5) how much cost there was incurred by Lake County | ||||||
| 14 | and the Lake County State's Attorney's office in the | ||||||
| 15 | previous calendar year in implementing the Pilot Program. | ||||||
| 16 | (d) This Section is repealed on January 1, 2026. | ||||||
| 17 | (Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23; | ||||||
| 18 | revised 7-29-24.)
| ||||||
| 19 | (55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009) | ||||||
| 20 | Sec. 5-1009. Limitation on home rule powers. Except as | ||||||
| 21 | provided in Sections 5-1006, 5-1006.5, 5-1006.8, 5-1006.9, | ||||||
| 22 | 5-1007, and 5-1008, on and after September 1, 1990, no home | ||||||
| 23 | rule county has the authority to impose, pursuant to its home | ||||||
| 24 | rule authority, a retailers' occupation tax, service | ||||||
| 25 | occupation tax, use tax, sales tax, or other tax on the use, | ||||||
| |||||||
| |||||||
| 1 | sale, or purchase of tangible personal property based on the | ||||||
| 2 | gross receipts from such sales or the selling or purchase | ||||||
| 3 | price of said tangible personal property. Notwithstanding the | ||||||
| 4 | foregoing, this Section does not preempt any home rule imposed | ||||||
| 5 | tax such as the following: (1) a tax on alcoholic beverages, | ||||||
| 6 | whether based on gross receipts, volume sold, or any other | ||||||
| 7 | measurement; (2) a tax based on the number of units of | ||||||
| 8 | cigarettes or tobacco products; (3) a tax, however measured, | ||||||
| 9 | based on the use of a hotel or motel room or similar facility; | ||||||
| 10 | (4) a tax, however measured, on the sale or transfer of real | ||||||
| 11 | property; (5) a tax, however measured, on lease receipts; (6) | ||||||
| 12 | a tax on food prepared for immediate consumption and on | ||||||
| 13 | alcoholic beverages sold by a business which provides for on | ||||||
| 14 | premise consumption of said food or alcoholic beverages; or | ||||||
| 15 | (7) other taxes not based on the selling or purchase price or | ||||||
| 16 | gross receipts from the use, sale, or purchase of tangible | ||||||
| 17 | personal property. This Section does not preempt a home rule | ||||||
| 18 | county from imposing a tax, however measured, on the use, for | ||||||
| 19 | consideration, of a parking lot, garage, or other parking | ||||||
| 20 | facility. | ||||||
| 21 | On and after December 1, 2019, no home rule county has the | ||||||
| 22 | authority to impose, pursuant to its home rule authority, a | ||||||
| 23 | tax, however measured, on sales of aviation fuel, as defined | ||||||
| 24 | in Section 3 of the Retailers' Occupation Tax Act, unless the | ||||||
| 25 | tax revenue is expended for airport-related purposes. For | ||||||
| 26 | purposes of this Section, "airport-related purposes" has the | ||||||
| |||||||
| |||||||
| 1 | meaning ascribed in Section 6z-20.2 of the State Finance Act. | ||||||
| 2 | Aviation fuel shall be excluded from tax only for so long as | ||||||
| 3 | the revenue use requirements of 49 U.S.C. 47017(b) and 49 | ||||||
| 4 | U.S.C. 47133 are binding on the county. | ||||||
| 5 | This Section is a limitation, pursuant to subsection (g) | ||||||
| 6 | of Section 6 of Article VII of the Illinois Constitution, on | ||||||
| 7 | the power of home rule units to tax. The changes made to this | ||||||
| 8 | Section by Public Act 101-10 are a denial and limitation of | ||||||
| 9 | home rule powers and functions under subsection (g) of Section | ||||||
| 10 | 6 of Article VII of the Illinois Constitution. | ||||||
| 11 | (Source: P.A. 102-558, eff. 8-20-21; 103-781, eff. 8-5-24; | ||||||
| 12 | revised 10-21-24.)
| ||||||
| 13 | (55 ILCS 5/5-1069) | ||||||
| 14 | (Text of Section before amendment by P.A. 103-808) | ||||||
| 15 | Sec. 5-1069. Group life, health, accident, hospital, and | ||||||
| 16 | medical insurance. | ||||||
| 17 | (a) The county board of any county may arrange to provide, | ||||||
| 18 | for the benefit of employees of the county, group life, | ||||||
| 19 | health, accident, hospital, and medical insurance, or any one | ||||||
| 20 | or any combination of those types of insurance, or the county | ||||||
| 21 | board may self-insure, for the benefit of its employees, all | ||||||
| 22 | or a portion of the employees' group life, health, accident, | ||||||
| 23 | hospital, and medical insurance, or any one or any combination | ||||||
| 24 | of those types of insurance, including a combination of | ||||||
| 25 | self-insurance and other types of insurance authorized by this | ||||||
| |||||||
| |||||||
| 1 | Section, provided that the county board complies with all | ||||||
| 2 | other requirements of this Section. The insurance may include | ||||||
| 3 | provision for employees who rely on treatment by prayer or | ||||||
| 4 | spiritual means alone for healing in accordance with the | ||||||
| 5 | tenets and practice of a well recognized religious | ||||||
| 6 | denomination. The county board may provide for payment by the | ||||||
| 7 | county of a portion or all of the premium or charge for the | ||||||
| 8 | insurance with the employee paying the balance of the premium | ||||||
| 9 | or charge, if any. If the county board undertakes a plan under | ||||||
| 10 | which the county pays only a portion of the premium or charge, | ||||||
| 11 | the county board shall provide for withholding and deducting | ||||||
| 12 | from the compensation of those employees who consent to join | ||||||
| 13 | the plan the balance of the premium or charge for the | ||||||
| 14 | insurance. | ||||||
| 15 | (b) If the county board does not provide for | ||||||
| 16 | self-insurance or for a plan under which the county pays a | ||||||
| 17 | portion or all of the premium or charge for a group insurance | ||||||
| 18 | plan, the county board may provide for withholding and | ||||||
| 19 | deducting from the compensation of those employees who consent | ||||||
| 20 | thereto the total premium or charge for any group life, | ||||||
| 21 | health, accident, hospital, and medical insurance. | ||||||
| 22 | (c) The county board may exercise the powers granted in | ||||||
| 23 | this Section only if it provides for self-insurance or, where | ||||||
| 24 | it makes arrangements to provide group insurance through an | ||||||
| 25 | insurance carrier, if the kinds of group insurance are | ||||||
| 26 | obtained from an insurance company authorized to do business | ||||||
| |||||||
| |||||||
| 1 | in the State of Illinois. The county board may enact an | ||||||
| 2 | ordinance prescribing the method of operation of the insurance | ||||||
| 3 | program. | ||||||
| 4 | (d) If a county, including a home rule county, is a | ||||||
| 5 | self-insurer for purposes of providing health insurance | ||||||
| 6 | coverage for its employees, the insurance coverage shall | ||||||
| 7 | include screening by low-dose mammography for all women 35 | ||||||
| 8 | years of age or older for the presence of occult breast cancer | ||||||
| 9 | unless the county elects to provide mammograms itself under | ||||||
| 10 | Section 5-1069.1. The coverage shall be as follows: | ||||||
| 11 | (1) A baseline mammogram for women 35 to 39 years of | ||||||
| 12 | age. | ||||||
| 13 | (2) An annual mammogram for women 40 years of age or | ||||||
| 14 | older. | ||||||
| 15 | (3) A mammogram at the age and intervals considered | ||||||
| 16 | medically necessary by the woman's health care provider | ||||||
| 17 | for women under 40 years of age and having a family history | ||||||
| 18 | of breast cancer, prior personal history of breast cancer, | ||||||
| 19 | positive genetic testing, or other risk factors. | ||||||
| 20 | (4) For a group policy of accident and health | ||||||
| 21 | insurance that is amended, delivered, issued, or renewed | ||||||
| 22 | on or after January 1, 2020 (the effective date of Public | ||||||
| 23 | Act 101-580) this amendatory Act of the 101st General | ||||||
| 24 | Assembly, a comprehensive ultrasound screening of an | ||||||
| 25 | entire breast or breasts if a mammogram demonstrates | ||||||
| 26 | heterogeneous or dense breast tissue or when medically | ||||||
| |||||||
| |||||||
| 1 | necessary as determined by a physician licensed to | ||||||
| 2 | practice medicine in all of its branches, advanced | ||||||
| 3 | practice registered nurse, or physician assistant. | ||||||
| 4 | (5) For a group policy of accident and health | ||||||
| 5 | insurance that is amended, delivered, issued, or renewed | ||||||
| 6 | on or after January 1, 2020 (the effective date of Public | ||||||
| 7 | Act 101-580) this amendatory Act of the 101st General | ||||||
| 8 | Assembly, a diagnostic mammogram when medically necessary, | ||||||
| 9 | as determined by a physician licensed to practice medicine | ||||||
| 10 | in all its branches, advanced practice registered nurse, | ||||||
| 11 | or physician assistant. | ||||||
| 12 | A policy subject to this subsection shall not impose a | ||||||
| 13 | deductible, coinsurance, copayment, or any other cost-sharing | ||||||
| 14 | requirement on the coverage provided; except that this | ||||||
| 15 | sentence does not apply to coverage of diagnostic mammograms | ||||||
| 16 | to the extent such coverage would disqualify a high-deductible | ||||||
| 17 | health plan from eligibility for a health savings account | ||||||
| 18 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
| 19 | U.S.C. 223). | ||||||
| 20 | For purposes of this subsection: | ||||||
| 21 | "Diagnostic mammogram" means a mammogram obtained using | ||||||
| 22 | diagnostic mammography. | ||||||
| 23 | "Diagnostic mammography" means a method of screening that | ||||||
| 24 | is designed to evaluate an abnormality in a breast, including | ||||||
| 25 | an abnormality seen or suspected on a screening mammogram or a | ||||||
| 26 | subjective or objective abnormality otherwise detected in the | ||||||
| |||||||
| |||||||
| 1 | breast. | ||||||
| 2 | "Low-dose mammography" means the x-ray examination of the | ||||||
| 3 | breast using equipment dedicated specifically for mammography, | ||||||
| 4 | including the x-ray tube, filter, compression device, and | ||||||
| 5 | image receptor, with an average radiation exposure delivery of | ||||||
| 6 | less than one rad per breast for 2 views of an average size | ||||||
| 7 | breast. The term also includes digital mammography. | ||||||
| 8 | (d-5) Coverage as described by subsection (d) shall be | ||||||
| 9 | provided at no cost to the insured and shall not be applied to | ||||||
| 10 | an annual or lifetime maximum benefit. | ||||||
| 11 | (d-10) When health care services are available through | ||||||
| 12 | contracted providers and a person does not comply with plan | ||||||
| 13 | provisions specific to the use of contracted providers, the | ||||||
| 14 | requirements of subsection (d-5) are not applicable. When a | ||||||
| 15 | person does not comply with plan provisions specific to the | ||||||
| 16 | use of contracted providers, plan provisions specific to the | ||||||
| 17 | use of non-contracted providers must be applied without | ||||||
| 18 | distinction for coverage required by this Section and shall be | ||||||
| 19 | at least as favorable as for other radiological examinations | ||||||
| 20 | covered by the policy or contract. | ||||||
| 21 | (d-15) If a county, including a home rule county, is a | ||||||
| 22 | self-insurer for purposes of providing health insurance | ||||||
| 23 | coverage for its employees, the insurance coverage shall | ||||||
| 24 | include mastectomy coverage, which includes coverage for | ||||||
| 25 | prosthetic devices or reconstructive surgery incident to the | ||||||
| 26 | mastectomy. Coverage for breast reconstruction in connection | ||||||
| |||||||
| |||||||
| 1 | with a mastectomy shall include: | ||||||
| 2 | (1) reconstruction of the breast upon which the | ||||||
| 3 | mastectomy has been performed; | ||||||
| 4 | (2) surgery and reconstruction of the other breast to | ||||||
| 5 | produce a symmetrical appearance; and | ||||||
| 6 | (3) prostheses and treatment for physical | ||||||
| 7 | complications at all stages of mastectomy, including | ||||||
| 8 | lymphedemas. | ||||||
| 9 | Care shall be determined in consultation with the attending | ||||||
| 10 | physician and the patient. The offered coverage for prosthetic | ||||||
| 11 | devices and reconstructive surgery shall be subject to the | ||||||
| 12 | deductible and coinsurance conditions applied to the | ||||||
| 13 | mastectomy, and all other terms and conditions applicable to | ||||||
| 14 | other benefits. When a mastectomy is performed and there is no | ||||||
| 15 | evidence of malignancy then the offered coverage may be | ||||||
| 16 | limited to the provision of prosthetic devices and | ||||||
| 17 | reconstructive surgery to within 2 years after the date of the | ||||||
| 18 | mastectomy. As used in this Section, "mastectomy" means the | ||||||
| 19 | removal of all or part of the breast for medically necessary | ||||||
| 20 | reasons, as determined by a licensed physician. | ||||||
| 21 | A county, including a home rule county, that is a | ||||||
| 22 | self-insurer for purposes of providing health insurance | ||||||
| 23 | coverage for its employees, may not penalize or reduce or | ||||||
| 24 | limit the reimbursement of an attending provider or provide | ||||||
| 25 | incentives (monetary or otherwise) to an attending provider to | ||||||
| 26 | induce the provider to provide care to an insured in a manner | ||||||
| |||||||
| |||||||
| 1 | inconsistent with this Section. | ||||||
| 2 | (d-20) The requirement that mammograms be included in | ||||||
| 3 | health insurance coverage as provided in subsections (d) | ||||||
| 4 | through (d-15) is an exclusive power and function of the State | ||||||
| 5 | and is a denial and limitation under Article VII, Section 6, | ||||||
| 6 | subsection (h) of the Illinois Constitution of home rule | ||||||
| 7 | county powers. A home rule county to which subsections (d) | ||||||
| 8 | through (d-15) apply must comply with every provision of those | ||||||
| 9 | subsections. | ||||||
| 10 | (d-25) If a county, including a home rule county, is a | ||||||
| 11 | self-insurer for purposes of providing health insurance | ||||||
| 12 | coverage, the insurance coverage shall include joint mental | ||||||
| 13 | health therapy services for any member of the sheriff's | ||||||
| 14 | office, including the sheriff, and any spouse or partner of | ||||||
| 15 | the member who resides with the member. | ||||||
| 16 | The joint mental health therapy services provided under | ||||||
| 17 | this subsection shall be performed by a physician licensed to | ||||||
| 18 | practice medicine in all of its branches, a licensed clinical | ||||||
| 19 | psychologist, a licensed clinical social worker, a licensed | ||||||
| 20 | clinical professional counselor, a licensed marriage and | ||||||
| 21 | family therapist, a licensed social worker, or a licensed | ||||||
| 22 | professional counselor. | ||||||
| 23 | This subsection is a limitation under subsection (i) of | ||||||
| 24 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 25 | concurrent exercise by home rule units of powers and functions | ||||||
| 26 | exercised by the State. | ||||||
| |||||||
| |||||||
| 1 | (e) The term "employees" as used in this Section includes | ||||||
| 2 | elected or appointed officials but does not include temporary | ||||||
| 3 | employees. | ||||||
| 4 | (f) The county board may, by ordinance, arrange to provide | ||||||
| 5 | group life, health, accident, hospital, and medical insurance, | ||||||
| 6 | or any one or a combination of those types of insurance, under | ||||||
| 7 | this Section to retired former employees and retired former | ||||||
| 8 | elected or appointed officials of the county. | ||||||
| 9 | (g) Rulemaking authority to implement this amendatory Act | ||||||
| 10 | of the 95th General Assembly, if any, is conditioned on the | ||||||
| 11 | rules being adopted in accordance with all provisions of the | ||||||
| 12 | Illinois Administrative Procedure Act and all rules and | ||||||
| 13 | procedures of the Joint Committee on Administrative Rules; any | ||||||
| 14 | purported rule not so adopted, for whatever reason, is | ||||||
| 15 | unauthorized. | ||||||
| 16 | (h) If a county, including a home rule county, is a | ||||||
| 17 | self-insurer for purposes of providing health insurance | ||||||
| 18 | coverage for its employees, the insurance coverage shall | ||||||
| 19 | include, on and after June 1, 2025, mental health counseling | ||||||
| 20 | for any county employee who is a first responder without | ||||||
| 21 | imposing a deductible, coinsurance, copayment, or any other | ||||||
| 22 | cost-sharing requirement on the coverage provided, except that | ||||||
| 23 | this subsection does not apply to the extent such coverage | ||||||
| 24 | would disqualify a high-deductible health plan from | ||||||
| 25 | eligibility for a health savings account pursuant to Section | ||||||
| 26 | 223 of the Internal Revenue Code. | ||||||
| |||||||
| |||||||
| 1 | The requirement that mental health counseling be included | ||||||
| 2 | in health insurance coverage as provided in this subsection is | ||||||
| 3 | an exclusive power and function of the State and is a denial | ||||||
| 4 | and limitation under Article VII, Section 6, subsection (h) of | ||||||
| 5 | the Illinois Constitution of home rule county powers. | ||||||
| 6 | As used in this subsection: | ||||||
| 7 | "First responders" means police and corrections officers, | ||||||
| 8 | deputy sheriffs, firefighters, emergency medical services | ||||||
| 9 | personnel, as that term is defined in Section 3.5 of the | ||||||
| 10 | Emergency Medical Services (EMS) Systems Act, dispatched | ||||||
| 11 | pursuant to a 9-1-1 call, emergency medical dispatchers, as | ||||||
| 12 | that term is defined in Section 3.70 of the Emergency Medical | ||||||
| 13 | Services (EMS) Systems Act, public safety telecommunicators, | ||||||
| 14 | as that term is defined in Section 2 of the Emergency Telephone | ||||||
| 15 | System Act, and mental health professionals employed and | ||||||
| 16 | dispatched by any unit of local government in response to | ||||||
| 17 | emergency crisis calls received on public emergency service | ||||||
| 18 | lines instead of or in conjunction with law enforcement. | ||||||
| 19 | "Mental health counseling" means counseling therapy | ||||||
| 20 | sessions provided by a clinical social worker, professional | ||||||
| 21 | counselor, or licensed psychologist. | ||||||
| 22 | (Source: P.A. 103-818, eff. 1-1-25; 103-1011, eff. 1-1-25; | ||||||
| 23 | revised 11-26-24.)
| ||||||
| 24 | (Text of Section after amendment by P.A. 103-808) | ||||||
| 25 | Sec. 5-1069. Group life, health, accident, hospital, and | ||||||
| |||||||
| |||||||
| 1 | medical insurance. | ||||||
| 2 | (a) The county board of any county may arrange to provide, | ||||||
| 3 | for the benefit of employees of the county, group life, | ||||||
| 4 | health, accident, hospital, and medical insurance, or any one | ||||||
| 5 | or any combination of those types of insurance, or the county | ||||||
| 6 | board may self-insure, for the benefit of its employees, all | ||||||
| 7 | or a portion of the employees' group life, health, accident, | ||||||
| 8 | hospital, and medical insurance, or any one or any combination | ||||||
| 9 | of those types of insurance, including a combination of | ||||||
| 10 | self-insurance and other types of insurance authorized by this | ||||||
| 11 | Section, provided that the county board complies with all | ||||||
| 12 | other requirements of this Section. The insurance may include | ||||||
| 13 | provision for employees who rely on treatment by prayer or | ||||||
| 14 | spiritual means alone for healing in accordance with the | ||||||
| 15 | tenets and practice of a well recognized religious | ||||||
| 16 | denomination. The county board may provide for payment by the | ||||||
| 17 | county of a portion or all of the premium or charge for the | ||||||
| 18 | insurance with the employee paying the balance of the premium | ||||||
| 19 | or charge, if any. If the county board undertakes a plan under | ||||||
| 20 | which the county pays only a portion of the premium or charge, | ||||||
| 21 | the county board shall provide for withholding and deducting | ||||||
| 22 | from the compensation of those employees who consent to join | ||||||
| 23 | the plan the balance of the premium or charge for the | ||||||
| 24 | insurance. | ||||||
| 25 | (b) If the county board does not provide for | ||||||
| 26 | self-insurance or for a plan under which the county pays a | ||||||
| |||||||
| |||||||
| 1 | portion or all of the premium or charge for a group insurance | ||||||
| 2 | plan, the county board may provide for withholding and | ||||||
| 3 | deducting from the compensation of those employees who consent | ||||||
| 4 | thereto the total premium or charge for any group life, | ||||||
| 5 | health, accident, hospital, and medical insurance. | ||||||
| 6 | (c) The county board may exercise the powers granted in | ||||||
| 7 | this Section only if it provides for self-insurance or, where | ||||||
| 8 | it makes arrangements to provide group insurance through an | ||||||
| 9 | insurance carrier, if the kinds of group insurance are | ||||||
| 10 | obtained from an insurance company authorized to do business | ||||||
| 11 | in the State of Illinois. The county board may enact an | ||||||
| 12 | ordinance prescribing the method of operation of the insurance | ||||||
| 13 | program. | ||||||
| 14 | (d) If a county, including a home rule county, is a | ||||||
| 15 | self-insurer for purposes of providing health insurance | ||||||
| 16 | coverage for its employees, the insurance coverage shall | ||||||
| 17 | include screening by low-dose mammography for all patients 35 | ||||||
| 18 | years of age or older for the presence of occult breast cancer | ||||||
| 19 | unless the county elects to provide mammograms itself under | ||||||
| 20 | Section 5-1069.1. The coverage shall be as follows: | ||||||
| 21 | (1) A baseline mammogram for patients 35 to 39 years | ||||||
| 22 | of age. | ||||||
| 23 | (2) An annual mammogram for patients 40 years of age | ||||||
| 24 | or older. | ||||||
| 25 | (3) A mammogram at the age and intervals considered | ||||||
| 26 | medically necessary by the patient's health care provider | ||||||
| |||||||
| |||||||
| 1 | for patients under 40 years of age and having a family | ||||||
| 2 | history of breast cancer, prior personal history of breast | ||||||
| 3 | cancer, positive genetic testing, or other risk factors. | ||||||
| 4 | (4) For a group policy of accident and health | ||||||
| 5 | insurance that is amended, delivered, issued, or renewed | ||||||
| 6 | on or after January 1, 2020 (the effective date of Public | ||||||
| 7 | Act 101-580), a comprehensive ultrasound screening of an | ||||||
| 8 | entire breast or breasts if a mammogram demonstrates | ||||||
| 9 | heterogeneous or dense breast tissue or when medically | ||||||
| 10 | necessary as determined by a physician licensed to | ||||||
| 11 | practice medicine in all of its branches, advanced | ||||||
| 12 | practice registered nurse, or physician assistant. | ||||||
| 13 | (4.5) For a group policy of accident and health | ||||||
| 14 | insurance that is amended, delivered, issued, or renewed | ||||||
| 15 | on or after January 1, 2026 (the effective date of Public | ||||||
| 16 | Act 103-808) this amendatory Act of the 103rd General | ||||||
| 17 | Assembly, molecular breast imaging (MBI) and magnetic | ||||||
| 18 | resonance imaging of an entire breast or breasts if a | ||||||
| 19 | mammogram demonstrates heterogeneous or dense breast | ||||||
| 20 | tissue or when medically necessary as determined by a | ||||||
| 21 | physician licensed to practice medicine in all of its | ||||||
| 22 | branches, advanced practice registered nurse, or physician | ||||||
| 23 | assistant. | ||||||
| 24 | (5) For a group policy of accident and health | ||||||
| 25 | insurance that is amended, delivered, issued, or renewed | ||||||
| 26 | on or after January 1, 2020 (the effective date of Public | ||||||
| |||||||
| |||||||
| 1 | Act 101-580), a diagnostic mammogram when medically | ||||||
| 2 | necessary, as determined by a physician licensed to | ||||||
| 3 | practice medicine in all its branches, advanced practice | ||||||
| 4 | registered nurse, or physician assistant. | ||||||
| 5 | A policy subject to this subsection shall not impose a | ||||||
| 6 | deductible, coinsurance, copayment, or any other cost-sharing | ||||||
| 7 | requirement on the coverage provided; except that this | ||||||
| 8 | sentence does not apply to coverage of diagnostic mammograms | ||||||
| 9 | to the extent such coverage would disqualify a high-deductible | ||||||
| 10 | health plan from eligibility for a health savings account | ||||||
| 11 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
| 12 | U.S.C. 223). | ||||||
| 13 | For purposes of this subsection: | ||||||
| 14 | "Diagnostic mammogram" means a mammogram obtained using | ||||||
| 15 | diagnostic mammography. | ||||||
| 16 | "Diagnostic mammography" means a method of screening that | ||||||
| 17 | is designed to evaluate an abnormality in a breast, including | ||||||
| 18 | an abnormality seen or suspected on a screening mammogram or a | ||||||
| 19 | subjective or objective abnormality otherwise detected in the | ||||||
| 20 | breast. | ||||||
| 21 | "Low-dose mammography" means the x-ray examination of the | ||||||
| 22 | breast using equipment dedicated specifically for mammography, | ||||||
| 23 | including the x-ray tube, filter, compression device, and | ||||||
| 24 | image receptor, with an average radiation exposure delivery of | ||||||
| 25 | less than one rad per breast for 2 views of an average size | ||||||
| 26 | breast. The term also includes digital mammography. | ||||||
| |||||||
| |||||||
| 1 | (d-5) Coverage as described by subsection (d) shall be | ||||||
| 2 | provided at no cost to the insured and shall not be applied to | ||||||
| 3 | an annual or lifetime maximum benefit. | ||||||
| 4 | (d-10) When health care services are available through | ||||||
| 5 | contracted providers and a person does not comply with plan | ||||||
| 6 | provisions specific to the use of contracted providers, the | ||||||
| 7 | requirements of subsection (d-5) are not applicable. When a | ||||||
| 8 | person does not comply with plan provisions specific to the | ||||||
| 9 | use of contracted providers, plan provisions specific to the | ||||||
| 10 | use of non-contracted providers must be applied without | ||||||
| 11 | distinction for coverage required by this Section and shall be | ||||||
| 12 | at least as favorable as for other radiological examinations | ||||||
| 13 | covered by the policy or contract. | ||||||
| 14 | (d-15) If a county, including a home rule county, is a | ||||||
| 15 | self-insurer for purposes of providing health insurance | ||||||
| 16 | coverage for its employees, the insurance coverage shall | ||||||
| 17 | include mastectomy coverage, which includes coverage for | ||||||
| 18 | prosthetic devices or reconstructive surgery incident to the | ||||||
| 19 | mastectomy. Coverage for breast reconstruction in connection | ||||||
| 20 | with a mastectomy shall include: | ||||||
| 21 | (1) reconstruction of the breast upon which the | ||||||
| 22 | mastectomy has been performed; | ||||||
| 23 | (2) surgery and reconstruction of the other breast to | ||||||
| 24 | produce a symmetrical appearance; and | ||||||
| 25 | (3) prostheses and treatment for physical | ||||||
| 26 | complications at all stages of mastectomy, including | ||||||
| |||||||
| |||||||
| 1 | lymphedemas. | ||||||
| 2 | Care shall be determined in consultation with the attending | ||||||
| 3 | physician and the patient. The offered coverage for prosthetic | ||||||
| 4 | devices and reconstructive surgery shall be subject to the | ||||||
| 5 | deductible and coinsurance conditions applied to the | ||||||
| 6 | mastectomy, and all other terms and conditions applicable to | ||||||
| 7 | other benefits. When a mastectomy is performed and there is no | ||||||
| 8 | evidence of malignancy then the offered coverage may be | ||||||
| 9 | limited to the provision of prosthetic devices and | ||||||
| 10 | reconstructive surgery to within 2 years after the date of the | ||||||
| 11 | mastectomy. As used in this Section, "mastectomy" means the | ||||||
| 12 | removal of all or part of the breast for medically necessary | ||||||
| 13 | reasons, as determined by a licensed physician. | ||||||
| 14 | A county, including a home rule county, that is a | ||||||
| 15 | self-insurer for purposes of providing health insurance | ||||||
| 16 | coverage for its employees, may not penalize or reduce or | ||||||
| 17 | limit the reimbursement of an attending provider or provide | ||||||
| 18 | incentives (monetary or otherwise) to an attending provider to | ||||||
| 19 | induce the provider to provide care to an insured in a manner | ||||||
| 20 | inconsistent with this Section. | ||||||
| 21 | (d-20) The requirement that mammograms be included in | ||||||
| 22 | health insurance coverage as provided in subsections (d) | ||||||
| 23 | through (d-15) is an exclusive power and function of the State | ||||||
| 24 | and is a denial and limitation under Article VII, Section 6, | ||||||
| 25 | subsection (h) of the Illinois Constitution of home rule | ||||||
| 26 | county powers. A home rule county to which subsections (d) | ||||||
| |||||||
| |||||||
| 1 | through (d-15) apply must comply with every provision of those | ||||||
| 2 | subsections. | ||||||
| 3 | (d-25) If a county, including a home rule county, is a | ||||||
| 4 | self-insurer for purposes of providing health insurance | ||||||
| 5 | coverage, the insurance coverage shall include joint mental | ||||||
| 6 | health therapy services for any member of the sheriff's | ||||||
| 7 | office, including the sheriff, and any spouse or partner of | ||||||
| 8 | the member who resides with the member. | ||||||
| 9 | The joint mental health therapy services provided under | ||||||
| 10 | this subsection shall be performed by a physician licensed to | ||||||
| 11 | practice medicine in all of its branches, a licensed clinical | ||||||
| 12 | psychologist, a licensed clinical social worker, a licensed | ||||||
| 13 | clinical professional counselor, a licensed marriage and | ||||||
| 14 | family therapist, a licensed social worker, or a licensed | ||||||
| 15 | professional counselor. | ||||||
| 16 | This subsection is a limitation under subsection (i) of | ||||||
| 17 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 18 | concurrent exercise by home rule units of powers and functions | ||||||
| 19 | exercised by the State. | ||||||
| 20 | (e) The term "employees" as used in this Section includes | ||||||
| 21 | elected or appointed officials but does not include temporary | ||||||
| 22 | employees. | ||||||
| 23 | (f) The county board may, by ordinance, arrange to provide | ||||||
| 24 | group life, health, accident, hospital, and medical insurance, | ||||||
| 25 | or any one or a combination of those types of insurance, under | ||||||
| 26 | this Section to retired former employees and retired former | ||||||
| |||||||
| |||||||
| 1 | elected or appointed officials of the county. | ||||||
| 2 | (g) Rulemaking authority to implement this amendatory Act | ||||||
| 3 | of the 95th General Assembly, if any, is conditioned on the | ||||||
| 4 | rules being adopted in accordance with all provisions of the | ||||||
| 5 | Illinois Administrative Procedure Act and all rules and | ||||||
| 6 | procedures of the Joint Committee on Administrative Rules; any | ||||||
| 7 | purported rule not so adopted, for whatever reason, is | ||||||
| 8 | unauthorized. | ||||||
| 9 | (h) If a county, including a home rule county, is a | ||||||
| 10 | self-insurer for purposes of providing health insurance | ||||||
| 11 | coverage for its employees, the insurance coverage shall | ||||||
| 12 | include, on and after June 1, 2025, mental health counseling | ||||||
| 13 | for any county employee who is a first responder without | ||||||
| 14 | imposing a deductible, coinsurance, copayment, or any other | ||||||
| 15 | cost-sharing requirement on the coverage provided, except that | ||||||
| 16 | this subsection does not apply to the extent such coverage | ||||||
| 17 | would disqualify a high-deductible health plan from | ||||||
| 18 | eligibility for a health savings account pursuant to Section | ||||||
| 19 | 223 of the Internal Revenue Code. | ||||||
| 20 | The requirement that mental health counseling be included | ||||||
| 21 | in health insurance coverage as provided in this subsection is | ||||||
| 22 | an exclusive power and function of the State and is a denial | ||||||
| 23 | and limitation under Article VII, Section 6, subsection (h) of | ||||||
| 24 | the Illinois Constitution of home rule county powers. | ||||||
| 25 | As used in this subsection: | ||||||
| 26 | "First responders" means police and corrections officers, | ||||||
| |||||||
| |||||||
| 1 | deputy sheriffs, firefighters, emergency medical services | ||||||
| 2 | personnel, as that term is defined in Section 3.5 of the | ||||||
| 3 | Emergency Medical Services (EMS) Systems Act, dispatched | ||||||
| 4 | pursuant to a 9-1-1 call, emergency medical dispatchers, as | ||||||
| 5 | that term is defined in Section 3.70 of the Emergency Medical | ||||||
| 6 | Services (EMS) Systems Act, public safety telecommunicators, | ||||||
| 7 | as that term is defined in Section 2 of the Emergency Telephone | ||||||
| 8 | System Act, and mental health professionals employed and | ||||||
| 9 | dispatched by any unit of local government in response to | ||||||
| 10 | emergency crisis calls received on public emergency service | ||||||
| 11 | lines instead of or in conjunction with law enforcement. | ||||||
| 12 | "Mental health counseling" means counseling therapy | ||||||
| 13 | sessions provided by a clinical social worker, professional | ||||||
| 14 | counselor, or licensed psychologist. | ||||||
| 15 | (Source: P.A. 103-808, eff. 1-1-26; 103-818, eff. 1-1-25; | ||||||
| 16 | 103-1011, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 17 | (55 ILCS 5/5-1069.3) | ||||||
| 18 | Sec. 5-1069.3. Required health benefits. If a county, | ||||||
| 19 | including a home rule county, is a self-insurer for purposes | ||||||
| 20 | of providing health insurance coverage for its employees, the | ||||||
| 21 | coverage shall include coverage for the post-mastectomy care | ||||||
| 22 | benefits required to be covered by a policy of accident and | ||||||
| 23 | health insurance under Section 356t and the coverage required | ||||||
| 24 | under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, | ||||||
| 25 | 356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, | ||||||
| |||||||
| |||||||
| 1 | 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, | ||||||
| 2 | 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36, | ||||||
| 3 | 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, | ||||||
| 4 | 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, | ||||||
| 5 | 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and 356z.71, | ||||||
| 6 | 356z.74, and 356z.77 of the Illinois Insurance Code. The | ||||||
| 7 | coverage shall comply with Sections 155.22a, 355b, 356z.19, | ||||||
| 8 | and 370c of the Illinois Insurance Code. The Department of | ||||||
| 9 | Insurance shall enforce the requirements of this Section. The | ||||||
| 10 | requirement that health benefits be covered as provided in | ||||||
| 11 | this Section is an exclusive power and function of the State | ||||||
| 12 | and is a denial and limitation under Article VII, Section 6, | ||||||
| 13 | subsection (h) of the Illinois Constitution. A home rule | ||||||
| 14 | county to which this Section applies must comply with every | ||||||
| 15 | provision of this Section. | ||||||
| 16 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 17 | any, is conditioned on the rules being adopted in accordance | ||||||
| 18 | with all provisions of the Illinois Administrative Procedure | ||||||
| 19 | Act and all rules and procedures of the Joint Committee on | ||||||
| 20 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 21 | whatever reason, is unauthorized. | ||||||
| 22 | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||||||
| 23 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
| 24 | 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, | ||||||
| 25 | eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
| 26 | 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||||||
| 2 | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||||||
| 3 | 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. | ||||||
| 4 | 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, | ||||||
| 5 | eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; | ||||||
| 6 | revised 11-26-24.)
| ||||||
| 7 | (55 ILCS 5/5-1189) | ||||||
| 8 | Sec. 5-1189. Shelby County rescue squad. The Shelby County | ||||||
| 9 | Board may form, manage, fund, and operate a volunteer rescue | ||||||
| 10 | squad to provide assistance within Shelby County to any public | ||||||
| 11 | entity providing law enforcement, firefighting, emergency | ||||||
| 12 | disaster response, or first responder services. The volunteer | ||||||
| 13 | rescue squad may (i) locate missing persons, including | ||||||
| 14 | drowning victims, (ii) perform a supporting, and not direct, | ||||||
| 15 | role in fighting fires, and (iii) extricate persons from | ||||||
| 16 | unsafe conditions. The Shelby County Board may provide | ||||||
| 17 | benefits for rescue squad volunteers who suffer disease, | ||||||
| 18 | injury, or death in the line of duty. | ||||||
| 19 | (Source: P.A. 103-895, eff. 1-1-25.)
| ||||||
| 20 | (55 ILCS 5/5-1190) | ||||||
| 21 | Sec. 5-1190 5-1189. Access to and use of county | ||||||
| 22 | infrastructure for broadband. A county may lease, license, or | ||||||
| 23 | otherwise grant access to and use of infrastructure, including | ||||||
| 24 | fiber optic cables, that the county owns or controls to public | ||||||
| |||||||
| |||||||
| 1 | or private entities to facilitate the delivery of broadband | ||||||
| 2 | services on the condition that the lease, license, access, or | ||||||
| 3 | use: (1) be granted on a nondiscriminatory, nonexclusive, and | ||||||
| 4 | competitively neutral basis; and (2) comply with all other | ||||||
| 5 | State and federal laws, rules, and regulations, including, but | ||||||
| 6 | not limited to, all applicable safety codes and requirements. | ||||||
| 7 | However, nothing in this Section shall be construed to | ||||||
| 8 | authorize a county to lease, license, or otherwise grant | ||||||
| 9 | access to or use of infrastructure that the county does not own | ||||||
| 10 | or control to public or private entities to facilitate the | ||||||
| 11 | delivery of broadband services. This Section applies to | ||||||
| 12 | leases, licenses, or other agreements entered into, amended, | ||||||
| 13 | or renewed on or after January 1, 2025 (the effective date of | ||||||
| 14 | Public Act 103-947) this amendatory Act of the 103rd General | ||||||
| 15 | Assembly. | ||||||
| 16 | (Source: P.A. 103-947, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 17 | (55 ILCS 5/5-1191) | ||||||
| 18 | Sec. 5-1191 5-1189. Transportation to problem-solving | ||||||
| 19 | courts. | ||||||
| 20 | (a) As used in this Section, "problem-solving court" means | ||||||
| 21 | a court program regulated under the Drug Court Treatment Act, | ||||||
| 22 | the Juvenile Drug Court Treatment Act, the Mental Health Court | ||||||
| 23 | Treatment Act, or the Veterans and Servicemembers Court | ||||||
| 24 | Treatment Act. | ||||||
| 25 | (b) Notwithstanding any other provision of law, a county | ||||||
| |||||||
| |||||||
| 1 | may use funds designated by law or ordinance for | ||||||
| 2 | transportation purposes to fund rides for persons to attend | ||||||
| 3 | problem-solving courts. The county may enter into an | ||||||
| 4 | intergovernmental agreement with another unit of local | ||||||
| 5 | government for the purposes of this Section. | ||||||
| 6 | (Source: P.A. 103-988, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 7 | (55 ILCS 5/5-12020) | ||||||
| 8 | Sec. 5-12020. Commercial wind energy facilities and | ||||||
| 9 | commercial solar energy facilities. | ||||||
| 10 | (a) As used in this Section: | ||||||
| 11 | "Commercial solar energy facility" means a "commercial | ||||||
| 12 | solar energy system" as defined in Section 10-720 of the | ||||||
| 13 | Property Tax Code. "Commercial solar energy facility" does not | ||||||
| 14 | mean a utility-scale solar energy facility being constructed | ||||||
| 15 | at a site that was eligible to participate in a procurement | ||||||
| 16 | event conducted by the Illinois Power Agency pursuant to | ||||||
| 17 | subsection (c-5) of Section 1-75 of the Illinois Power Agency | ||||||
| 18 | Act. | ||||||
| 19 | "Commercial wind energy facility" means a wind energy | ||||||
| 20 | conversion facility of equal or greater than 500 kilowatts in | ||||||
| 21 | total nameplate generating capacity. "Commercial wind energy | ||||||
| 22 | facility" includes a wind energy conversion facility seeking | ||||||
| 23 | an extension of a permit to construct granted by a county or | ||||||
| 24 | municipality before January 27, 2023 (the effective date of | ||||||
| 25 | Public Act 102-1123). | ||||||
| |||||||
| |||||||
| 1 | "Facility owner" means (i) a person with a direct | ||||||
| 2 | ownership interest in a commercial wind energy facility or a | ||||||
| 3 | commercial solar energy facility, or both, regardless of | ||||||
| 4 | whether the person is involved in acquiring the necessary | ||||||
| 5 | rights, permits, and approvals or otherwise planning for the | ||||||
| 6 | construction and operation of the facility, and (ii) at the | ||||||
| 7 | time the facility is being developed, a person who is acting as | ||||||
| 8 | a developer of the facility by acquiring the necessary rights, | ||||||
| 9 | permits, and approvals or by planning for the construction and | ||||||
| 10 | operation of the facility, regardless of whether the person | ||||||
| 11 | will own or operate the facility. | ||||||
| 12 | "Nonparticipating property" means real property that is | ||||||
| 13 | not a participating property. | ||||||
| 14 | "Nonparticipating residence" means a residence that is | ||||||
| 15 | located on nonparticipating property and that is existing and | ||||||
| 16 | occupied on the date that an application for a permit to | ||||||
| 17 | develop the commercial wind energy facility or the commercial | ||||||
| 18 | solar energy facility is filed with the county. | ||||||
| 19 | "Occupied community building" means any one or more of the | ||||||
| 20 | following buildings that is existing and occupied on the date | ||||||
| 21 | that the application for a permit to develop the commercial | ||||||
| 22 | wind energy facility or the commercial solar energy facility | ||||||
| 23 | is filed with the county: a school, place of worship, day care | ||||||
| 24 | facility, public library, or community center. | ||||||
| 25 | "Participating property" means real property that is the | ||||||
| 26 | subject of a written agreement between a facility owner and | ||||||
| |||||||
| |||||||
| 1 | the owner of the real property that provides the facility | ||||||
| 2 | owner an easement, option, lease, or license to use the real | ||||||
| 3 | property for the purpose of constructing a commercial wind | ||||||
| 4 | energy facility, a commercial solar energy facility, or | ||||||
| 5 | supporting facilities. "Participating property" also includes | ||||||
| 6 | real property that is owned by a facility owner for the purpose | ||||||
| 7 | of constructing a commercial wind energy facility, a | ||||||
| 8 | commercial solar energy facility, or supporting facilities. | ||||||
| 9 | "Participating residence" means a residence that is | ||||||
| 10 | located on participating property and that is existing and | ||||||
| 11 | occupied on the date that an application for a permit to | ||||||
| 12 | develop the commercial wind energy facility or the commercial | ||||||
| 13 | solar energy facility is filed with the county. | ||||||
| 14 | "Protected lands" means real property that is: | ||||||
| 15 | (1) subject to a permanent conservation right | ||||||
| 16 | consistent with the Real Property Conservation Rights Act; | ||||||
| 17 | or | ||||||
| 18 | (2) registered or designated as a nature preserve, | ||||||
| 19 | buffer, or land and water reserve under the Illinois | ||||||
| 20 | Natural Areas Preservation Act. | ||||||
| 21 | "Supporting facilities" means the transmission lines, | ||||||
| 22 | substations, access roads, meteorological towers, storage | ||||||
| 23 | containers, and equipment associated with the generation and | ||||||
| 24 | storage of electricity by the commercial wind energy facility | ||||||
| 25 | or commercial solar energy facility. | ||||||
| 26 | "Wind tower" includes the wind turbine tower, nacelle, and | ||||||
| |||||||
| |||||||
| 1 | blades. | ||||||
| 2 | (b) Notwithstanding any other provision of law or whether | ||||||
| 3 | the county has formed a zoning commission and adopted formal | ||||||
| 4 | zoning under Section 5-12007, a county may establish standards | ||||||
| 5 | for commercial wind energy facilities, commercial solar energy | ||||||
| 6 | facilities, or both. The standards may include all of the | ||||||
| 7 | requirements specified in this Section but may not include | ||||||
| 8 | requirements for commercial wind energy facilities or | ||||||
| 9 | commercial solar energy facilities that are more restrictive | ||||||
| 10 | than specified in this Section. A county may also regulate the | ||||||
| 11 | siting of commercial wind energy facilities with standards | ||||||
| 12 | that are not more restrictive than the requirements specified | ||||||
| 13 | in this Section in unincorporated areas of the county that are | ||||||
| 14 | outside the zoning jurisdiction of a municipality and that are | ||||||
| 15 | outside the 1.5-mile radius surrounding the zoning | ||||||
| 16 | jurisdiction of a municipality. | ||||||
| 17 | (c) If a county has elected to establish standards under | ||||||
| 18 | subsection (b), before the county grants siting approval or a | ||||||
| 19 | special use permit for a commercial wind energy facility or a | ||||||
| 20 | commercial solar energy facility, or modification of an | ||||||
| 21 | approved siting or special use permit, the county board of the | ||||||
| 22 | county in which the facility is to be sited or the zoning board | ||||||
| 23 | of appeals for the county shall hold at least one public | ||||||
| 24 | hearing. The public hearing shall be conducted in accordance | ||||||
| 25 | with the Open Meetings Act and shall be held not more than 60 | ||||||
| 26 | days after the filing of the application for the facility. The | ||||||
| |||||||
| |||||||
| 1 | county shall allow interested parties to a special use permit | ||||||
| 2 | an opportunity to present evidence and to cross-examine | ||||||
| 3 | witnesses at the hearing, but the county may impose reasonable | ||||||
| 4 | restrictions on the public hearing, including reasonable time | ||||||
| 5 | limitations on the presentation of evidence and the | ||||||
| 6 | cross-examination of witnesses. The county shall also allow | ||||||
| 7 | public comment at the public hearing in accordance with the | ||||||
| 8 | Open Meetings Act. The county shall make its siting and | ||||||
| 9 | permitting decisions not more than 30 days after the | ||||||
| 10 | conclusion of the public hearing. Notice of the hearing shall | ||||||
| 11 | be published in a newspaper of general circulation in the | ||||||
| 12 | county. A facility owner must enter into an agricultural | ||||||
| 13 | impact mitigation agreement with the Department of Agriculture | ||||||
| 14 | prior to the date of the required public hearing. A commercial | ||||||
| 15 | wind energy facility owner seeking an extension of a permit | ||||||
| 16 | granted by a county prior to July 24, 2015 (the effective date | ||||||
| 17 | of Public Act 99-132) must enter into an agricultural impact | ||||||
| 18 | mitigation agreement with the Department of Agriculture prior | ||||||
| 19 | to a decision by the county to grant the permit extension. | ||||||
| 20 | Counties may allow test wind towers or test solar energy | ||||||
| 21 | systems to be sited without formal approval by the county | ||||||
| 22 | board. | ||||||
| 23 | (d) A county with an existing zoning ordinance in conflict | ||||||
| 24 | with this Section shall amend that zoning ordinance to be in | ||||||
| 25 | compliance with this Section within 120 days after January 27, | ||||||
| 26 | 2023 (the effective date of Public Act 102-1123). | ||||||
| |||||||
| |||||||
| 1 | (e) A county may require: | ||||||
| 2 | (1) a wind tower of a commercial wind energy facility | ||||||
| 3 | to be sited as follows, with setback distances measured | ||||||
| 4 | from the center of the base of the wind tower:
| ||||||
| 5 | Setback Description Setback Distance
| ||||||
| 6 | Occupied Community 2.1 times the maximum blade tip | ||||||
| 7 | Buildings height of the wind tower to the | ||||||
| 8 | nearest point on the outside | ||||||
| 9 | wall of the structure
| ||||||
| 10 | Participating Residences 1.1 times the maximum blade tip | ||||||
| 11 | height of the wind tower to the | ||||||
| 12 | nearest point on the outside | ||||||
| 13 | wall of the structure
| ||||||
| 14 | Nonparticipating Residences 2.1 times the maximum blade tip | ||||||
| 15 | height of the wind tower to the | ||||||
| 16 | nearest point on the outside | ||||||
| 17 | wall of the structure
| ||||||
| 18 | Boundary Lines of None | ||||||
| 19 | Participating Property
| ||||||
| 20 | Boundary Lines of 1.1 times the maximum blade tip | ||||||
| |||||||
| |||||||
| 1 | Nonparticipating Property height of the wind tower to the | ||||||
| 2 | nearest point on the property | ||||||
| 3 | line of the nonparticipating | ||||||
| 4 | property
| ||||||
| 5 | Public Road Rights-of-Way 1.1 times the maximum blade tip | ||||||
| 6 | height of the wind tower | ||||||
| 7 | to the center point of the | ||||||
| 8 | public road right-of-way
| ||||||
| 9 | Overhead Communication and 1.1 times the maximum blade tip | ||||||
| 10 | Electric Transmission height of the wind tower to the | ||||||
| 11 | and Distribution Facilities nearest edge of the property | ||||||
| 12 | (Not Including Overhead line, easement, or | ||||||
| 13 | Utility Service Lines to right-of-way | ||||||
| 14 | Individual Houses or containing the overhead line | ||||||
| 15 | Outbuildings)
| ||||||
| 16 | Overhead Utility Service None | ||||||
| 17 | Lines to Individual | ||||||
| 18 | Houses or Outbuildings
| ||||||
| 19 | Fish and Wildlife Areas 2.1 times the maximum blade | ||||||
| 20 | and Illinois Nature tip height of the wind tower | ||||||
| 21 | Preserve Commission to the nearest point on the | ||||||
| 22 | Protected Lands property line of the fish and | ||||||
| |||||||
| |||||||
| 1 | wildlife area or protected | ||||||
| 2 | land | ||||||
| 3 | This Section does not exempt or excuse compliance with | ||||||
| 4 | electric facility clearances approved or required by the | ||||||
| 5 | National Electrical Code, the The National Electrical | ||||||
| 6 | Safety Code, the Illinois Commerce Commission, and the | ||||||
| 7 | Federal Energy Regulatory Commission, and their designees | ||||||
| 8 | or successors; . | ||||||
| 9 | (2) a wind tower of a commercial wind energy facility | ||||||
| 10 | to be sited so that industry standard computer modeling | ||||||
| 11 | indicates that any occupied community building or | ||||||
| 12 | nonparticipating residence will not experience more than | ||||||
| 13 | 30 hours per year of shadow flicker under planned | ||||||
| 14 | operating conditions; | ||||||
| 15 | (3) a commercial solar energy facility to be sited as | ||||||
| 16 | follows, with setback distances measured from the nearest | ||||||
| 17 | edge of any component of the facility:
| ||||||
| 18 | Setback Description Setback Distance
| ||||||
| 19 | Occupied Community 150 feet from the nearest | ||||||
| 20 | Buildings and Dwellings on point on the outside wall | ||||||
| 21 | Nonparticipating Properties of the structure
| ||||||
| 22 | Boundary Lines of None | ||||||
| 23 | Participating Property
| ||||||
| |||||||
| |||||||
| 1 | Public Road Rights-of-Way 50 feet from the nearest | ||||||
| 2 | edge
| ||||||
| 3 | Boundary Lines of 50 feet to the nearest | ||||||
| 4 | Nonparticipating Property point on the property | ||||||
| 5 | line of the nonparticipating | ||||||
| 6 | property
| ||||||
| 7 | (4) a commercial solar energy facility to be sited so | ||||||
| 8 | that the facility's perimeter is enclosed by fencing | ||||||
| 9 | having a height of at least 6 feet and no more than 25 | ||||||
| 10 | feet; and | ||||||
| 11 | (5) a commercial solar energy facility to be sited so | ||||||
| 12 | that no component of a solar panel has a height of more | ||||||
| 13 | than 20 feet above ground when the solar energy facility's | ||||||
| 14 | arrays are at full tilt. | ||||||
| 15 | The requirements set forth in this subsection (e) may be | ||||||
| 16 | waived subject to the written consent of the owner of each | ||||||
| 17 | affected nonparticipating property. | ||||||
| 18 | (f) A county may not set a sound limitation for wind towers | ||||||
| 19 | in commercial wind energy facilities or any components in | ||||||
| 20 | commercial solar energy facilities that is more restrictive | ||||||
| 21 | than the sound limitations established by the Illinois | ||||||
| 22 | Pollution Control Board under 35 Ill. Adm. Code Parts 900, | ||||||
| 23 | 901, and 910. | ||||||
| |||||||
| |||||||
| 1 | (g) A county may not place any restriction on the | ||||||
| 2 | installation or use of a commercial wind energy facility or a | ||||||
| 3 | commercial solar energy facility unless it adopts an ordinance | ||||||
| 4 | that complies with this Section. A county may not establish | ||||||
| 5 | siting standards for supporting facilities that preclude | ||||||
| 6 | development of commercial wind energy facilities or commercial | ||||||
| 7 | solar energy facilities. | ||||||
| 8 | A request for siting approval or a special use permit for a | ||||||
| 9 | commercial wind energy facility or a commercial solar energy | ||||||
| 10 | facility, or modification of an approved siting or special use | ||||||
| 11 | permit, shall be approved if the request is in compliance with | ||||||
| 12 | the standards and conditions imposed in this Act, the zoning | ||||||
| 13 | ordinance adopted consistent with this Code, and the | ||||||
| 14 | conditions imposed under State and federal statutes and | ||||||
| 15 | regulations. | ||||||
| 16 | (h) A county may not adopt zoning regulations that | ||||||
| 17 | disallow, permanently or temporarily, commercial wind energy | ||||||
| 18 | facilities or commercial solar energy facilities from being | ||||||
| 19 | developed or operated in any district zoned to allow | ||||||
| 20 | agricultural or industrial uses. | ||||||
| 21 | (i) A county may not require permit application fees for a | ||||||
| 22 | commercial wind energy facility or commercial solar energy | ||||||
| 23 | facility that are unreasonable. All application fees imposed | ||||||
| 24 | by the county shall be consistent with fees for projects in the | ||||||
| 25 | county with similar capital value and cost. | ||||||
| 26 | (j) Except as otherwise provided in this Section, a county | ||||||
| |||||||
| |||||||
| 1 | shall not require standards for construction, decommissioning, | ||||||
| 2 | or deconstruction of a commercial wind energy facility or | ||||||
| 3 | commercial solar energy facility or related financial | ||||||
| 4 | assurances that are more restrictive than those included in | ||||||
| 5 | the Department of Agriculture's standard wind farm | ||||||
| 6 | agricultural impact mitigation agreement, template 81818, or | ||||||
| 7 | standard solar agricultural impact mitigation agreement, | ||||||
| 8 | version 8.19.19, as applicable and in effect on December 31, | ||||||
| 9 | 2022. The amount of any decommissioning payment shall be in | ||||||
| 10 | accordance with the financial assurance required by those | ||||||
| 11 | agricultural impact mitigation agreements. | ||||||
| 12 | (j-5) A commercial wind energy facility or a commercial | ||||||
| 13 | solar energy facility shall file a farmland drainage plan with | ||||||
| 14 | the county and impacted drainage districts outlining how | ||||||
| 15 | surface and subsurface drainage of farmland will be restored | ||||||
| 16 | during and following construction or deconstruction of the | ||||||
| 17 | facility. The plan is to be created independently by the | ||||||
| 18 | facility developer and shall include the location of any | ||||||
| 19 | potentially impacted drainage district facilities to the | ||||||
| 20 | extent this information is publicly available from the county | ||||||
| 21 | or the drainage district, plans to repair any subsurface | ||||||
| 22 | drainage affected during construction or deconstruction using | ||||||
| 23 | procedures outlined in the agricultural impact mitigation | ||||||
| 24 | agreement entered into by the commercial wind energy facility | ||||||
| 25 | owner or commercial solar energy facility owner, and | ||||||
| 26 | procedures for the repair and restoration of surface drainage | ||||||
| |||||||
| |||||||
| 1 | affected during construction or deconstruction. All surface | ||||||
| 2 | and subsurface damage shall be repaired as soon as reasonably | ||||||
| 3 | practicable. | ||||||
| 4 | (k) A county may not condition approval of a commercial | ||||||
| 5 | wind energy facility or commercial solar energy facility on a | ||||||
| 6 | property value guarantee and may not require a facility owner | ||||||
| 7 | to pay into a neighboring property devaluation escrow account. | ||||||
| 8 | (l) A county may require certain vegetative screening | ||||||
| 9 | surrounding a commercial wind energy facility or commercial | ||||||
| 10 | solar energy facility but may not require earthen berms or | ||||||
| 11 | similar structures. | ||||||
| 12 | (m) A county may set blade tip height limitations for wind | ||||||
| 13 | towers in commercial wind energy facilities but may not set a | ||||||
| 14 | blade tip height limitation that is more restrictive than the | ||||||
| 15 | height allowed under a Determination of No Hazard to Air | ||||||
| 16 | Navigation by the Federal Aviation Administration under 14 CFR | ||||||
| 17 | Part 77. | ||||||
| 18 | (n) A county may require that a commercial wind energy | ||||||
| 19 | facility owner or commercial solar energy facility owner | ||||||
| 20 | provide: | ||||||
| 21 | (1) the results and recommendations from consultation | ||||||
| 22 | with the Illinois Department of Natural Resources that are | ||||||
| 23 | obtained through the Ecological Compliance Assessment Tool | ||||||
| 24 | (EcoCAT) or a comparable successor tool; and | ||||||
| 25 | (2) the results of the United States Fish and Wildlife | ||||||
| 26 | Service's Information for Planning and Consulting | ||||||
| |||||||
| |||||||
| 1 | environmental review or a comparable successor tool that | ||||||
| 2 | is consistent with (i) the "U.S. Fish and Wildlife | ||||||
| 3 | Service's Land-Based Wind Energy Guidelines" and (ii) any | ||||||
| 4 | applicable United States Fish and Wildlife Service solar | ||||||
| 5 | wildlife guidelines that have been subject to public | ||||||
| 6 | review. | ||||||
| 7 | (o) A county may require a commercial wind energy facility | ||||||
| 8 | or commercial solar energy facility to adhere to the | ||||||
| 9 | recommendations provided by the Illinois Department of Natural | ||||||
| 10 | Resources in an EcoCAT natural resource review report under 17 | ||||||
| 11 | Ill. Adm. Code Part 1075. | ||||||
| 12 | (p) A county may require a facility owner to: | ||||||
| 13 | (1) demonstrate avoidance of protected lands as | ||||||
| 14 | identified by the Illinois Department of Natural Resources | ||||||
| 15 | and the Illinois Nature Preserve Commission; or | ||||||
| 16 | (2) consider the recommendations of the Illinois | ||||||
| 17 | Department of Natural Resources for setbacks from | ||||||
| 18 | protected lands, including areas identified by the | ||||||
| 19 | Illinois Nature Preserve Commission. | ||||||
| 20 | (q) A county may require that a facility owner provide | ||||||
| 21 | evidence of consultation with the Illinois State Historic | ||||||
| 22 | Preservation Office to assess potential impacts on | ||||||
| 23 | State-registered historic sites under the Illinois State | ||||||
| 24 | Agency Historic Resources Preservation Act. | ||||||
| 25 | (r) To maximize community benefits, including, but not | ||||||
| 26 | limited to, reduced stormwater runoff, flooding, and erosion | ||||||
| |||||||
| |||||||
| 1 | at the ground mounted solar energy system, improved soil | ||||||
| 2 | health, and increased foraging habitat for game birds, | ||||||
| 3 | songbirds, and pollinators, a county may (1) require a | ||||||
| 4 | commercial solar energy facility owner to plant, establish, | ||||||
| 5 | and maintain for the life of the facility vegetative ground | ||||||
| 6 | cover, consistent with the goals of the Pollinator-Friendly | ||||||
| 7 | Solar Site Act and (2) require the submittal of a vegetation | ||||||
| 8 | management plan that is in compliance with the agricultural | ||||||
| 9 | impact mitigation agreement in the application to construct | ||||||
| 10 | and operate a commercial solar energy facility in the county | ||||||
| 11 | if the vegetative ground cover and vegetation management plan | ||||||
| 12 | comply with the requirements of the underlying agreement with | ||||||
| 13 | the landowner or landowners where the facility will be | ||||||
| 14 | constructed. | ||||||
| 15 | No later than 90 days after January 27, 2023 (the | ||||||
| 16 | effective date of Public Act 102-1123), the Illinois | ||||||
| 17 | Department of Natural Resources shall develop guidelines for | ||||||
| 18 | vegetation management plans that may be required under this | ||||||
| 19 | subsection for commercial solar energy facilities. The | ||||||
| 20 | guidelines must include guidance for short-term and long-term | ||||||
| 21 | property management practices that provide and maintain native | ||||||
| 22 | and non-invasive naturalized perennial vegetation to protect | ||||||
| 23 | the health and well-being of pollinators. | ||||||
| 24 | (s) If a facility owner enters into a road use agreement | ||||||
| 25 | with the Illinois Department of Transportation, a road | ||||||
| 26 | district, or other unit of local government relating to a | ||||||
| |||||||
| |||||||
| 1 | commercial wind energy facility or a commercial solar energy | ||||||
| 2 | facility, the road use agreement shall require the facility | ||||||
| 3 | owner to be responsible for (i) the reasonable cost of | ||||||
| 4 | improving roads used by the facility owner to construct the | ||||||
| 5 | commercial wind energy facility or the commercial solar energy | ||||||
| 6 | facility and (ii) the reasonable cost of repairing roads used | ||||||
| 7 | by the facility owner during construction of the commercial | ||||||
| 8 | wind energy facility or the commercial solar energy facility | ||||||
| 9 | so that those roads are in a condition that is safe for the | ||||||
| 10 | driving public after the completion of the facility's | ||||||
| 11 | construction. Roadways improved in preparation for and during | ||||||
| 12 | the construction of the commercial wind energy facility or | ||||||
| 13 | commercial solar energy facility shall be repaired and | ||||||
| 14 | restored to the improved condition at the reasonable cost of | ||||||
| 15 | the developer if the roadways have degraded or were damaged as | ||||||
| 16 | a result of construction-related activities. | ||||||
| 17 | The road use agreement shall not require the facility | ||||||
| 18 | owner to pay costs, fees, or charges for road work that is not | ||||||
| 19 | specifically and uniquely attributable to the construction of | ||||||
| 20 | the commercial wind energy facility or the commercial solar | ||||||
| 21 | energy facility. Road-related fees, permit fees, or other | ||||||
| 22 | charges imposed by the Illinois Department of Transportation, | ||||||
| 23 | a road district, or other unit of local government under a road | ||||||
| 24 | use agreement with the facility owner shall be reasonably | ||||||
| 25 | related to the cost of administration of the road use | ||||||
| 26 | agreement. | ||||||
| |||||||
| |||||||
| 1 | (s-5) The facility owner shall also compensate landowners | ||||||
| 2 | for crop losses or other agricultural damages resulting from | ||||||
| 3 | damage to the drainage system caused by the construction of | ||||||
| 4 | the commercial wind energy facility or the commercial solar | ||||||
| 5 | energy facility. The commercial wind energy facility owner or | ||||||
| 6 | commercial solar energy facility owner shall repair or pay for | ||||||
| 7 | the repair of all damage to the subsurface drainage system | ||||||
| 8 | caused by the construction of the commercial wind energy | ||||||
| 9 | facility or the commercial solar energy facility in accordance | ||||||
| 10 | with the agriculture impact mitigation agreement requirements | ||||||
| 11 | for repair of drainage. The commercial wind energy facility | ||||||
| 12 | owner or commercial solar energy facility owner shall repair | ||||||
| 13 | or pay for the repair and restoration of surface drainage | ||||||
| 14 | caused by the construction or deconstruction of the commercial | ||||||
| 15 | wind energy facility or the commercial solar energy facility | ||||||
| 16 | as soon as reasonably practicable. | ||||||
| 17 | (t) Notwithstanding any other provision of law, a facility | ||||||
| 18 | owner with siting approval from a county to construct a | ||||||
| 19 | commercial wind energy facility or a commercial solar energy | ||||||
| 20 | facility is authorized to cross or impact a drainage system, | ||||||
| 21 | including, but not limited to, drainage tiles, open drainage | ||||||
| 22 | ditches, culverts, and water gathering vaults, owned or under | ||||||
| 23 | the control of a drainage district under the Illinois Drainage | ||||||
| 24 | Code without obtaining prior agreement or approval from the | ||||||
| 25 | drainage district in accordance with the farmland drainage | ||||||
| 26 | plan required by subsection (j-5). | ||||||
| |||||||
| |||||||
| 1 | (u) The amendments to this Section adopted in Public Act | ||||||
| 2 | 102-1123 do not apply to: (1) an application for siting | ||||||
| 3 | approval or for a special use permit for a commercial wind | ||||||
| 4 | energy facility or commercial solar energy facility if the | ||||||
| 5 | application was submitted to a unit of local government before | ||||||
| 6 | January 27, 2023 (the effective date of Public Act 102-1123); | ||||||
| 7 | (2) a commercial wind energy facility or a commercial solar | ||||||
| 8 | energy facility if the facility owner has submitted an | ||||||
| 9 | agricultural impact mitigation agreement to the Department of | ||||||
| 10 | Agriculture before January 27, 2023 (the effective date of | ||||||
| 11 | Public Act 102-1123); or (3) a commercial wind energy or | ||||||
| 12 | commercial solar energy development on property that is | ||||||
| 13 | located within an enterprise zone certified under the Illinois | ||||||
| 14 | Enterprise Zone Act, that was classified as industrial by the | ||||||
| 15 | appropriate zoning authority on or before January 27, 2023, | ||||||
| 16 | and that is located within 4 miles of the intersection of | ||||||
| 17 | Interstate 88 and Interstate 39. | ||||||
| 18 | (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23; | ||||||
| 19 | 103-580, eff. 12-8-23; revised 7-29-24.)
| ||||||
| 20 | (55 ILCS 5/5-12022) | ||||||
| 21 | Sec. 5-12022. Building permit fee for veterans with a | ||||||
| 22 | disability. | ||||||
| 23 | (a) A veteran with a disability or the veteran's caregiver | ||||||
| 24 | shall not be charged any building permit fee for improvements | ||||||
| 25 | to the residence of the veteran with a disability if the | ||||||
| |||||||
| |||||||
| 1 | improvements are required to accommodate a disability of the | ||||||
| 2 | veteran. Nothing in this subsection changes the obligation of | ||||||
| 3 | any person to submit to the county applications, forms, or | ||||||
| 4 | other paperwork to obtain a building permit. A veteran or | ||||||
| 5 | caregiver must provide proof of veteran status and attest to | ||||||
| 6 | the fact that the improvements to the residence are required | ||||||
| 7 | to accommodate the veteran's disability. Proof of veteran | ||||||
| 8 | status is to be construed liberally, and veteran status shall | ||||||
| 9 | include service in the Armed Forces of the United States, | ||||||
| 10 | National Guard, or the reserves of the Armed Forces of the | ||||||
| 11 | United States. | ||||||
| 12 | (b) What constitutes proof of veteran status shall be | ||||||
| 13 | determined by the county. The Illinois Department of Veterans' | ||||||
| 14 | Affairs may not adjudicate any dispute arising under | ||||||
| 15 | subsection paragraph (a). | ||||||
| 16 | (c) A home rule county may not regulate building permit | ||||||
| 17 | fees in a manner inconsistent with this Section. This Section | ||||||
| 18 | is a limitation under subsection (i) of Section 6 of Article | ||||||
| 19 | VII of the Illinois Constitution on the concurrent exercise by | ||||||
| 20 | home rule units of powers and functions exercised by the | ||||||
| 21 | State. | ||||||
| 22 | (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 23 | (55 ILCS 5/5-12023) | ||||||
| 24 | Sec. 5-12023 5-12022. Battery-charged fences. | ||||||
| 25 | (a) As used in this Section, "battery-charged fence" means | ||||||
| |||||||
| |||||||
| 1 | a fence energized by a battery that is not more than 12 volts | ||||||
| 2 | of direct current that interfaces with an alarm system in a | ||||||
| 3 | manner that enables the fence to cause the connected alarm | ||||||
| 4 | system to transmit a signal intended to notify law enforcement | ||||||
| 5 | of a potential intrusion. | ||||||
| 6 | (b) Notwithstanding any other law, a county may not | ||||||
| 7 | require a permit or other approval for the installation, | ||||||
| 8 | maintenance, placement, replacement, or servicing of a | ||||||
| 9 | battery-charged fence if (i) the battery-charged fence is | ||||||
| 10 | located on nonresidential property completely surrounded by a | ||||||
| 11 | nonelectric perimeter fence or wall that is not less than 5 | ||||||
| 12 | feet in height and does not exceed 10 feet in height or 2 feet | ||||||
| 13 | higher than the nonelectric perimeter fence or wall, whichever | ||||||
| 14 | is higher, and (ii) any electrical charge produced on contact | ||||||
| 15 | does not exceed energizer characteristics set for electric | ||||||
| 16 | fences by the International Electrotechnical Commission. | ||||||
| 17 | (c) Any battery-charged fence installed under this Section | ||||||
| 18 | must have conspicuous signs located on the fence placed not | ||||||
| 19 | less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". | ||||||
| 20 | (d) A home rule county may not regulate battery-charged | ||||||
| 21 | fencing in a manner inconsistent with this Section. This | ||||||
| 22 | Section is a limitation under subsection (i) of Section 6 of | ||||||
| 23 | Article VII of the Illinois Constitution on the concurrent | ||||||
| 24 | exercise by home rule units of powers and functions exercised | ||||||
| 25 | by the State. | ||||||
| 26 | (Source: P.A. 103-796, eff. 1-1-25; revised 12-3-24.)
| ||||||
| |||||||
| |||||||
| 1 | (55 ILCS 5/5-15017) (from Ch. 34, par. 5-15017) | ||||||
| 2 | Sec. 5-15017. Revenue bonds. In order to pay the cost of | ||||||
| 3 | the construction, acquisition by condemnation, purchase, or | ||||||
| 4 | otherwise of any waterworks properties, or sewage facilities, | ||||||
| 5 | or a combination thereof, or waste management facilities, as | ||||||
| 6 | the case may be, and the improvement or extension from time to | ||||||
| 7 | time thereof, including engineering, inspection, legal and | ||||||
| 8 | financial fees and costs, working capital, interest on such | ||||||
| 9 | bonds during construction and for a reasonable period | ||||||
| 10 | thereafter, establishment of reserves to secure such bonds and | ||||||
| 11 | all other expenditures of such county incidental and necessary | ||||||
| 12 | or convenient thereto, the county board may issue and sell | ||||||
| 13 | revenue bonds payable solely from the income and revenue | ||||||
| 14 | derived from the operation of the waterworks properties, or | ||||||
| 15 | sewage facilities, or a combination thereof, or waste | ||||||
| 16 | management facilities, as the case may be, and may also from | ||||||
| 17 | time to time issue revenue bonds for the purpose of paying, | ||||||
| 18 | refunding, or redeeming revenue bonds before, after, or at | ||||||
| 19 | their maturity, including paying redemption premiums or | ||||||
| 20 | interest accruing or to accrue on the bonds being paid or | ||||||
| 21 | redeemed or for paying any other costs in connection with any | ||||||
| 22 | such payment or redemption. All such bonds shall be authorized | ||||||
| 23 | by ordinance to be adopted by the board, which shall be | ||||||
| 24 | separate and distinct as applies to waterworks properties and | ||||||
| 25 | as applied to sewage facilities except where the system is | ||||||
| |||||||
| |||||||
| 1 | combined. Such bonds shall bear such date or dates, mature at | ||||||
| 2 | such time or serially at such times not exceeding 40 years from | ||||||
| 3 | their respective dates, may bear interest at such rate or | ||||||
| 4 | rates not exceeding the maximum rate established in the Bond | ||||||
| 5 | Authorization Act "An Act to authorize public corporations to | ||||||
| 6 | issue bonds, other evidences of indebtedness and tax | ||||||
| 7 | anticipation warrants subject to interest rate limitations set | ||||||
| 8 | forth therein", approved May 26, 1970, as from time to time in | ||||||
| 9 | effect, may be in such form, may carry such registration | ||||||
| 10 | privileges, may be executed in such manner, may be payable at | ||||||
| 11 | such place or places, may be subject to redemption in such | ||||||
| 12 | manner, and upon such terms with or without premium as is | ||||||
| 13 | stated on the face thereof, and may be executed in such manner | ||||||
| 14 | by such officers, and may contain such terms and covenants, | ||||||
| 15 | all as provided by the ordinance authorizing the issue. | ||||||
| 16 | Such bonds shall be sold in such manner as the board shall | ||||||
| 17 | determine, and if issued to bear interest at the maximum rate | ||||||
| 18 | specified in this Section shall be sold for not less than par | ||||||
| 19 | and accrued interest; however, the selling price of any bonds | ||||||
| 20 | bearing less than such maximum rate, shall be such that the | ||||||
| 21 | interest cost of the money received from the sale of the bonds | ||||||
| 22 | shall not exceed such maximum rate, computed to absolute | ||||||
| 23 | maturity, according to standard tables of bond values. | ||||||
| 24 | Notwithstanding the form or tenor thereof, and in the | ||||||
| 25 | absence of expressed recitals on the face thereof that the | ||||||
| 26 | bonds are non-negotiable, all such bonds shall be negotiable | ||||||
| |||||||
| |||||||
| 1 | instruments. | ||||||
| 2 | To secure payment of any and all such bonds such ordinance | ||||||
| 3 | shall set forth the covenants and undertakings of the county | ||||||
| 4 | in connection with the issuance thereof, and the issuance of | ||||||
| 5 | additional bonds payable from the revenues or income to be | ||||||
| 6 | derived from the operation of the waterworks properties or | ||||||
| 7 | sewage facilities, or waste management facilities, as the case | ||||||
| 8 | may be, as well as the use and operation thereof, and for the | ||||||
| 9 | use and disposition for waterworks, and sewerage, and waste | ||||||
| 10 | management purposes of investment earnings on funds and | ||||||
| 11 | accounts created with respect to the revenue bonds. | ||||||
| 12 | In case any officer whose signature appears on the bond or | ||||||
| 13 | coupons attached thereto shall cease to be such officer before | ||||||
| 14 | the delivery of the bonds to the purchaser, such signature | ||||||
| 15 | shall nevertheless be valid and sufficient for all purposes to | ||||||
| 16 | the same effect as if he had remained in office until the | ||||||
| 17 | delivery of the bonds. | ||||||
| 18 | Under no circumstances shall any bonds issued or any other | ||||||
| 19 | obligation, except as set forth in Section 5-15003, incurred | ||||||
| 20 | pursuant to the provisions of this Division be or become an | ||||||
| 21 | indebtedness or an obligation of the county payable from taxes | ||||||
| 22 | and shall not in any event constitute an indebtedness of such | ||||||
| 23 | county within the meaning of the constitutional provisions or | ||||||
| 24 | limitations, and such fact shall be plainly stated on the face | ||||||
| 25 | of each bond. | ||||||
| 26 | (Source: P.A. 86-962; revised 7-30-24.)
| ||||||
| |||||||
| |||||||
| 1 | (55 ILCS 5/5-31012) (from Ch. 34, par. 5-31012) | ||||||
| 2 | Sec. 5-31012. Powers of district. To the extent necessary | ||||||
| 3 | to carry out the purpose of this Division and in addition to | ||||||
| 4 | any other powers, duties, and functions vested in museum | ||||||
| 5 | districts by law, but subject to limitations and restrictions | ||||||
| 6 | imposed elsewhere by this Division or other law, a museum | ||||||
| 7 | district is authorized and empowered: | ||||||
| 8 | (a) To adopt bylaws, adopt and use a common seal, | ||||||
| 9 | enter into contracts, acquire and hold real and personal | ||||||
| 10 | property, and take such other actions as may be necessary | ||||||
| 11 | for the proper conduct of its affairs. | ||||||
| 12 | (b) To make and publish all ordinances, rules, and | ||||||
| 13 | regulations necessary for the management and protection of | ||||||
| 14 | its property and the conduct of its affairs. | ||||||
| 15 | (c) To study and ascertain the museum district | ||||||
| 16 | artifacts and other materials, the need for preserving | ||||||
| 17 | such resources and providing such facilities and the | ||||||
| 18 | extent to which such needs are currently being met, and to | ||||||
| 19 | prepare and adopt coordinated plans to meet such needs. | ||||||
| 20 | (d) To acquire by gift, devise, purchase, lease, | ||||||
| 21 | agreement, or otherwise the fee or any lessor right or | ||||||
| 22 | interest in real and personal property, and to hold the | ||||||
| 23 | same with public access for those who wish to examine or | ||||||
| 24 | study it. The museum district may accept the transfer of | ||||||
| 25 | any real or personal property owned or controlled by the | ||||||
| |||||||
| |||||||
| 1 | State of Illinois, the county board, or the governing body | ||||||
| 2 | of any municipality, district, or public corporation and | ||||||
| 3 | not devoted or dedicated to any other inconsistent public | ||||||
| 4 | use. In acquiring or accepting land or rights thereto, the | ||||||
| 5 | museum district shall give due consideration to its | ||||||
| 6 | historical value or county significance, and no real | ||||||
| 7 | property shall be acquired or accepted which in the | ||||||
| 8 | opinion of the museum district and the Illinois State | ||||||
| 9 | Museum is of low value as to its proposed use. | ||||||
| 10 | (e) To acquire any or all interest in real or personal | ||||||
| 11 | property by a contract for purchase providing for payment | ||||||
| 12 | in installments over a period not to exceed 10 years with | ||||||
| 13 | interest on the unpaid balance owing not to exceed an | ||||||
| 14 | amount calculated pursuant to the provisions of the Bond | ||||||
| 15 | Authorization Act "An Act to authorize public corporations | ||||||
| 16 | to issue bonds, other evidences of indebtedness and tax | ||||||
| 17 | anticipation warrants subject to interest rate limitations | ||||||
| 18 | set forth therein", approved May 26, 1970, as amended. The | ||||||
| 19 | indebtedness incurred under this subsection when | ||||||
| 20 | aggregated with existing indebtedness may not exceed the | ||||||
| 21 | debt limits provided in Section 5-31016. | ||||||
| 22 | (f) To classify, designate, plan, develop, preserve, | ||||||
| 23 | administer, and maintain all areas and facilities in which | ||||||
| 24 | it has an interest and to construct, reconstruct, alter, | ||||||
| 25 | renew, equip, and maintain buildings and other structures. | ||||||
| 26 | Any work performed on any building, appurtenance, | ||||||
| |||||||
| |||||||
| 1 | structure, or area listed on the National Register of | ||||||
| 2 | Historic Places or deemed eligible for such listing shall | ||||||
| 3 | be performed within such guidelines as are established by | ||||||
| 4 | the Department of Natural Resources. | ||||||
| 5 | (g) To accept gifts, grants, bequests, contributions, | ||||||
| 6 | and appropriations of money and personal property for | ||||||
| 7 | museum district purposes. | ||||||
| 8 | (h) To employ and fix the compensation of an executive | ||||||
| 9 | officer who shall be responsible to the board for the | ||||||
| 10 | implementation of its policies. The executive officer | ||||||
| 11 | shall have the power, subject to the approval of the | ||||||
| 12 | board, to employ and fix the compensation of such | ||||||
| 13 | assistants and employees as the board may consider | ||||||
| 14 | necessary for the implementation of this Division. | ||||||
| 15 | (i) To charge and collect reasonable fees for the use | ||||||
| 16 | of such facilities, privileges, and conveniences as may be | ||||||
| 17 | provided. | ||||||
| 18 | (j) To police its property and to exercise police | ||||||
| 19 | powers in respect thereto or in respect to the enforcement | ||||||
| 20 | of any rule or regulation provided by its ordinances. | ||||||
| 21 | (k) To lease land for a period not longer than 50 years | ||||||
| 22 | to a responsible person, firm, or corporation for | ||||||
| 23 | construction, reconstruction, alteration, development, | ||||||
| 24 | operation, and maintenance of buildings, roads, and | ||||||
| 25 | parking areas. Any work performed on any leased building, | ||||||
| 26 | structure, appurtenances, or area which is listed on the | ||||||
| |||||||
| |||||||
| 1 | National Register of Historic Places or deemed eligible | ||||||
| 2 | for such listing shall be performed within such guidelines | ||||||
| 3 | as are established by the Department of Natural Resources. | ||||||
| 4 | Upon expiration of any lease of land under this | ||||||
| 5 | subsection, title to all structures on the leased land | ||||||
| 6 | shall be vested in the museum district. | ||||||
| 7 | (l) To lease any building or facility constructed, | ||||||
| 8 | reconstructed, altered, renewed, equipped, furnished, | ||||||
| 9 | extended, developed, and maintained by the museum district | ||||||
| 10 | to a responsible person, firm, or corporation for | ||||||
| 11 | operation or development or both, and maintenance for a | ||||||
| 12 | period not longer than 20 years. Development, maintenance, | ||||||
| 13 | or both of any building, structures, appurtenances, or | ||||||
| 14 | area which is listed on the National Register of Historic | ||||||
| 15 | Places or deemed eligible for such listing shall be | ||||||
| 16 | performed within such guidelines as are established by the | ||||||
| 17 | Department of Natural Resources. | ||||||
| 18 | (m) To make grants to not-for-profit historical clubs, | ||||||
| 19 | organizations, or groups within the county. | ||||||
| 20 | (Source: P.A. 100-695, eff. 8-3-18; revised 7-30-24.)
| ||||||
| 21 | (55 ILCS 5/5-31016) (from Ch. 34, par. 5-31016) | ||||||
| 22 | Sec. 5-31016. Indebtedness. Whenever a museum district | ||||||
| 23 | does not have sufficient money in its treasury to meet all | ||||||
| 24 | necessary expenses and liabilities, it may issue tax | ||||||
| 25 | anticipation warrants. Such issue of tax anticipation warrants | ||||||
| |||||||
| |||||||
| 1 | shall be subject to the provisions of Section 2 of the Warrants | ||||||
| 2 | and Jurors Certificates Act "An Act to provide for the manner | ||||||
| 3 | of issuing warrants upon any county, township, or other | ||||||
| 4 | municipal corporation or quasi municipal corporation, or of | ||||||
| 5 | any farm drainage district, river district, drainage and levee | ||||||
| 6 | district, fire protection district and jurors' certificates", | ||||||
| 7 | approved June 27, 1913, as now or hereafter amended. | ||||||
| 8 | No museum district shall become indebted in any manner or | ||||||
| 9 | for any purpose in an amount, including existing indebtedness, | ||||||
| 10 | in the aggregate exceeding .25% of the value, as equalized or | ||||||
| 11 | assessed by the Department of Revenue, of the taxable property | ||||||
| 12 | within the museum district. | ||||||
| 13 | (Source: P.A. 86-962; revised 7-30-24.)
| ||||||
| 14 | (55 ILCS 5/6-4002) (from Ch. 34, par. 6-4002) | ||||||
| 15 | Sec. 6-4002. Resolution. The resolution of the county | ||||||
| 16 | board authorizing the issuance of the general obligation bonds | ||||||
| 17 | shall prescribe all the details of the bonds and specify the | ||||||
| 18 | total amount of the bonds to be issued, the form and | ||||||
| 19 | denomination of the bonds, the date they are to bear, the place | ||||||
| 20 | they are payable, the date or dates of maturity, which shall | ||||||
| 21 | not be more than 30 years after the date of the bonds, the rate | ||||||
| 22 | of interest, which shall not exceed that authorized by the | ||||||
| 23 | Bond Authorization Act "An Act to authorize public | ||||||
| 24 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 25 | and tax anticipation warrants subject to interest rate | ||||||
| |||||||
| |||||||
| 1 | limitations set forth therein", approved May 26, 1970, as | ||||||
| 2 | amended, and the dates on which the interest is payable. | ||||||
| 3 | (Source: P.A. 86-962; revised 7-30-24.)
| ||||||
| 4 | (55 ILCS 5/6-27004) (from Ch. 34, par. 6-27004) | ||||||
| 5 | Sec. 6-27004. Purposes for which fund may be used; | ||||||
| 6 | reimbursement. All moneys received from the issuance of bonds | ||||||
| 7 | as herein authorized, or from any tax levied pursuant to the | ||||||
| 8 | authority granted by this Division, shall be set apart in said | ||||||
| 9 | working cash fund by the county treasurer and shall be used | ||||||
| 10 | only for the purposes and in the manner hereinafter provided. | ||||||
| 11 | Such fund, and the moneys therein, shall not be regarded as | ||||||
| 12 | current assets available for appropriation and shall not be | ||||||
| 13 | appropriated by the county board in the resolution termed the | ||||||
| 14 | annual appropriations bill. The county board may appropriate | ||||||
| 15 | moneys to the working cash fund up to the maximum amount | ||||||
| 16 | allowable in the fund, and the working cash fund may receive | ||||||
| 17 | such appropriations and any other contributions. In order to | ||||||
| 18 | provide moneys with which to meet ordinary and necessary | ||||||
| 19 | disbursements for salaries and other corporate purposes, such | ||||||
| 20 | fund and the moneys therein may be transferred, in whole or in | ||||||
| 21 | part, to the general corporate fund of the county and so | ||||||
| 22 | disbursed therefrom (a) in anticipation of the collection of | ||||||
| 23 | any taxes lawfully levied for general corporate purposes, (b) | ||||||
| 24 | in anticipation of the receipt of moneys to be derived from | ||||||
| 25 | fees and commissions to be earned by the county clerk and the | ||||||
| |||||||
| |||||||
| 1 | county collector for extending and collecting taxes levied, or | ||||||
| 2 | (c) in the anticipation of such taxes, as by law now or | ||||||
| 3 | hereafter enacted or amended, imposed by the General Assembly | ||||||
| 4 | of the State of Illinois to replace revenue lost by units of | ||||||
| 5 | local government and school districts as a result of the | ||||||
| 6 | abolition of ad valorem personal property taxes, pursuant to | ||||||
| 7 | Article IX, Section 5(c) of the Constitution of the State of | ||||||
| 8 | Illinois. Moneys transferred to the general corporate fund in | ||||||
| 9 | anticipation of the collection of taxes shall be deemed to | ||||||
| 10 | have been transferred in anticipation of the collection of | ||||||
| 11 | that part of the taxes so levied which is in excess of the | ||||||
| 12 | amount or amounts thereof required to pay (a) any tax | ||||||
| 13 | anticipation warrants and the interest thereon, theretofore or | ||||||
| 14 | thereafter issued under the provisions of Sections 2 and 3 of | ||||||
| 15 | the Warrants and Jurors Certificates Act Section two (2) and | ||||||
| 16 | three (3) of "An Act to provide for the manner of issuing | ||||||
| 17 | warrants upon the treasurer of the State or of any county, | ||||||
| 18 | township, city, village or other municipal corporation and | ||||||
| 19 | jurors' certificates", approved June 27, 1913, as amended, (b) | ||||||
| 20 | the aggregate amount of receipts from taxes imposed to replace | ||||||
| 21 | revenue lost by units of local government and school districts | ||||||
| 22 | as a result of the abolition of ad valorem personal property | ||||||
| 23 | taxes, pursuant to Article IX, Section 5(c) of the | ||||||
| 24 | Constitution of the State of Illinois, which the corporate | ||||||
| 25 | authorities estimate will be set aside for the payment of the | ||||||
| 26 | proportionate amount of debt service and pension or retirement | ||||||
| |||||||
| |||||||
| 1 | obligations, as required by Section 12 of the State Revenue | ||||||
| 2 | Sharing Act "An Act in relation to State Revenue Sharing with | ||||||
| 3 | local government entities", approved July 31, 1969, as | ||||||
| 4 | amended, and (c) any notes and the interest thereon, | ||||||
| 5 | theretofore or thereafter issued under the provisions of | ||||||
| 6 | Division 6-2, and such taxes levied for general corporate | ||||||
| 7 | purposes when collected shall be applied, first, to the | ||||||
| 8 | payment of any such warrant and the interest thereon, the | ||||||
| 9 | amount estimated to be required to satisfy debt service and | ||||||
| 10 | pension or retirement obligations as set forth in Section 12 | ||||||
| 11 | of the State Revenue Sharing Act "An Act in relation to State | ||||||
| 12 | revenue sharing with local government entities", approved July | ||||||
| 13 | 31, 1969, as amended, and to the payment of any such notes and | ||||||
| 14 | the interest thereon, and then to the reimbursement of said | ||||||
| 15 | working cash fund as hereinafter provided. Upon the receipt by | ||||||
| 16 | said county treasurer of any taxes, or other moneys, in | ||||||
| 17 | anticipation of the collection or receipt whereof moneys of | ||||||
| 18 | such working cash fund have been so transferred for | ||||||
| 19 | disbursement, such fund shall immediately be reimbursed | ||||||
| 20 | therefrom until the full amount so transferred has been | ||||||
| 21 | re-transferred to such fund. Unless the taxes and other moneys | ||||||
| 22 | so received and applied to the reimbursement of the working | ||||||
| 23 | cash fund, prior to the close of the fiscal year following the | ||||||
| 24 | fiscal year in which the last tax penalty date fall due shall | ||||||
| 25 | be sufficient to effect a complete reimbursement of such fund | ||||||
| 26 | for any moneys transferred therefrom in anticipation of the | ||||||
| |||||||
| |||||||
| 1 | collection or receipt of such taxes, or other moneys, such | ||||||
| 2 | working cash fund shall be reimbursed for the amount of the | ||||||
| 3 | deficiency therein from any other revenues accruing to said | ||||||
| 4 | general corporate fund, and it shall be the duty of the county | ||||||
| 5 | board to make provision for the immediate reimbursement of the | ||||||
| 6 | amount of any such deficiency in its next resolution termed | ||||||
| 7 | the annual appropriations bill. | ||||||
| 8 | (Source: P.A. 86-962; revised 7-30-24.)
| ||||||
| 9 | Section 380. The Illinois Municipal Code is amended by | ||||||
| 10 | changing Sections 8-4.1-8, 10-4-2, 10-4-2.3, 11-19-1, | ||||||
| 11 | 11-48.3-11, 11-61-3, 11-135-1, and 11-135-4 and by setting | ||||||
| 12 | forth, renumbering, and changing multiple versions of Section | ||||||
| 13 | 11-13-28 as follows:
| ||||||
| 14 | (65 ILCS 5/8-4.1-8) (from Ch. 24, par. 8-4.1-8) | ||||||
| 15 | Sec. 8-4.1-8. Bonds authorized by Applicable Law may be | ||||||
| 16 | issued in one or more series, bear such date or dates, become | ||||||
| 17 | due at such time or times within the period of years provided | ||||||
| 18 | by Applicable Law, bear interest payable at such intervals and | ||||||
| 19 | at such rate or rates as authorized under Section 2 of the Bond | ||||||
| 20 | Authorization Act "An Act to authorize public corporations to | ||||||
| 21 | issue bonds, other evidences of indebtedness and tax | ||||||
| 22 | anticipation warrants subject to interest rate limitations set | ||||||
| 23 | forth therein," approved May 26, 1970, as now or hereafter | ||||||
| 24 | amended, which rates may be fixed or variable, be in such | ||||||
| |||||||
| |||||||
| 1 | denominations, be in such form, either coupon or registered or | ||||||
| 2 | book-entry, carry such conversion, registration, and exchange | ||||||
| 3 | privileges, be subject to defeasance upon such terms, have | ||||||
| 4 | such rank or priority, be executed in such manner, be payable | ||||||
| 5 | in such medium of payment at such place or places within or | ||||||
| 6 | without the State of Illinois, be subject to such terms of | ||||||
| 7 | redemption with or without premium, and be sold in such manner | ||||||
| 8 | at private or public sale and at such price as the corporate | ||||||
| 9 | authorities shall determine. Whenever such bonds are sold at a | ||||||
| 10 | price less than par, they shall be sold at such price and bear | ||||||
| 11 | interest at such rate or rates such that the net interest rate | ||||||
| 12 | received upon the sale of such Bonds does not exceed the | ||||||
| 13 | maximum rate determined under Section 2 of the Bond | ||||||
| 14 | Authorization Act "An Act to authorize public corporations to | ||||||
| 15 | issue bonds, other evidences of indebtedness and tax | ||||||
| 16 | anticipation warrants subject to interest rate limitations set | ||||||
| 17 | forth therein", approved May 26, 1970, as now or hereafter | ||||||
| 18 | amended. | ||||||
| 19 | (Source: P.A. 85-158; revised 7-30-24.)
| ||||||
| 20 | (65 ILCS 5/10-4-2) | ||||||
| 21 | (Text of Section before amendment by P.A. 103-808) | ||||||
| 22 | Sec. 10-4-2. Group insurance. | ||||||
| 23 | (a) The corporate authorities of any municipality may | ||||||
| 24 | arrange to provide, for the benefit of employees of the | ||||||
| 25 | municipality, group life, health, accident, hospital, and | ||||||
| |||||||
| |||||||
| 1 | medical insurance, or any one or any combination of those | ||||||
| 2 | types of insurance, and may arrange to provide that insurance | ||||||
| 3 | for the benefit of the spouses or dependents of those | ||||||
| 4 | employees. The insurance may include provision for employees | ||||||
| 5 | or other insured persons who rely on treatment by prayer or | ||||||
| 6 | spiritual means alone for healing in accordance with the | ||||||
| 7 | tenets and practice of a well recognized religious | ||||||
| 8 | denomination. The corporate authorities may provide for | ||||||
| 9 | payment by the municipality of a portion of the premium or | ||||||
| 10 | charge for the insurance with the employee paying the balance | ||||||
| 11 | of the premium or charge. If the corporate authorities | ||||||
| 12 | undertake a plan under which the municipality pays a portion | ||||||
| 13 | of the premium or charge, the corporate authorities shall | ||||||
| 14 | provide for withholding and deducting from the compensation of | ||||||
| 15 | those municipal employees who consent to join the plan the | ||||||
| 16 | balance of the premium or charge for the insurance. | ||||||
| 17 | (b) If the corporate authorities do not provide for a plan | ||||||
| 18 | under which the municipality pays a portion of the premium or | ||||||
| 19 | charge for a group insurance plan, the corporate authorities | ||||||
| 20 | may provide for withholding and deducting from the | ||||||
| 21 | compensation of those employees who consent thereto the | ||||||
| 22 | premium or charge for any group life, health, accident, | ||||||
| 23 | hospital, and medical insurance. | ||||||
| 24 | (c) The corporate authorities may exercise the powers | ||||||
| 25 | granted in this Section only if the kinds of group insurance | ||||||
| 26 | are obtained from an insurance company authorized to do | ||||||
| |||||||
| |||||||
| 1 | business in the State of Illinois, or are obtained through an | ||||||
| 2 | intergovernmental joint self-insurance pool as authorized | ||||||
| 3 | under the Intergovernmental Cooperation Act. The corporate | ||||||
| 4 | authorities may enact an ordinance prescribing the method of | ||||||
| 5 | operation of the insurance program. | ||||||
| 6 | (d) If a municipality, including a home rule municipality, | ||||||
| 7 | is a self-insurer for purposes of providing health insurance | ||||||
| 8 | coverage for its employees, the insurance coverage shall | ||||||
| 9 | include screening by low-dose mammography for all women 35 | ||||||
| 10 | years of age or older for the presence of occult breast cancer | ||||||
| 11 | unless the municipality elects to provide mammograms itself | ||||||
| 12 | under Section 10-4-2.1. The coverage shall be as follows: | ||||||
| 13 | (1) A baseline mammogram for women 35 to 39 years of | ||||||
| 14 | age. | ||||||
| 15 | (2) An annual mammogram for women 40 years of age or | ||||||
| 16 | older. | ||||||
| 17 | (3) A mammogram at the age and intervals considered | ||||||
| 18 | medically necessary by the woman's health care provider | ||||||
| 19 | for women under 40 years of age and having a family history | ||||||
| 20 | of breast cancer, prior personal history of breast cancer, | ||||||
| 21 | positive genetic testing, or other risk factors. | ||||||
| 22 | (4) For a group policy of accident and health | ||||||
| 23 | insurance that is amended, delivered, issued, or renewed | ||||||
| 24 | on or after January 1, 2020 (the effective date of Public | ||||||
| 25 | Act 101-580) this amendatory Act of the 101st General | ||||||
| 26 | Assembly, a comprehensive ultrasound screening of an | ||||||
| |||||||
| |||||||
| 1 | entire breast or breasts if a mammogram demonstrates | ||||||
| 2 | heterogeneous or dense breast tissue or when medically | ||||||
| 3 | necessary as determined by a physician licensed to | ||||||
| 4 | practice medicine in all of its branches. | ||||||
| 5 | (5) For a group policy of accident and health | ||||||
| 6 | insurance that is amended, delivered, issued, or renewed | ||||||
| 7 | on or after January 1, 2020 (the effective date of Public | ||||||
| 8 | Act 101-580) this amendatory Act of the 101st General | ||||||
| 9 | Assembly, 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, | ||||||
| 12 | or physician assistant. | ||||||
| 13 | A policy subject to this subsection shall not impose a | ||||||
| 14 | deductible, coinsurance, copayment, or any other cost-sharing | ||||||
| 15 | requirement on the coverage provided; except that this | ||||||
| 16 | sentence does not apply to coverage of diagnostic mammograms | ||||||
| 17 | to 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 | ||||||
| 20 | U.S.C. 223). | ||||||
| 21 | For purposes of this subsection: | ||||||
| 22 | "Diagnostic mammogram" means a mammogram obtained using | ||||||
| 23 | diagnostic mammography. | ||||||
| 24 | "Diagnostic mammography" means a method of screening that | ||||||
| 25 | is designed to evaluate an abnormality in a breast, including | ||||||
| 26 | an abnormality seen or suspected on a screening mammogram or a | ||||||
| |||||||
| |||||||
| 1 | subjective or objective abnormality otherwise detected in the | ||||||
| 2 | breast. | ||||||
| 3 | "Low-dose mammography" means the x-ray examination of the | ||||||
| 4 | breast using equipment dedicated specifically for mammography, | ||||||
| 5 | including the x-ray tube, filter, compression device, and | ||||||
| 6 | image receptor, with an average radiation exposure delivery of | ||||||
| 7 | less than one rad per breast for 2 views of an average size | ||||||
| 8 | breast. The term also includes digital mammography. | ||||||
| 9 | (d-5) Coverage as described by subsection (d) shall be | ||||||
| 10 | provided at no cost to the insured and shall not be applied to | ||||||
| 11 | an annual or lifetime maximum benefit. | ||||||
| 12 | (d-10) When health care services are available through | ||||||
| 13 | contracted providers and a person does not comply with plan | ||||||
| 14 | provisions specific to the use of contracted providers, the | ||||||
| 15 | requirements of subsection (d-5) are not applicable. When a | ||||||
| 16 | person does not comply with plan provisions specific to the | ||||||
| 17 | use of contracted providers, plan provisions specific to the | ||||||
| 18 | use of non-contracted providers must be applied without | ||||||
| 19 | distinction for coverage required by this Section and shall be | ||||||
| 20 | at least as favorable as for other radiological examinations | ||||||
| 21 | covered by the policy or contract. | ||||||
| 22 | (d-15) If a municipality, including a home rule | ||||||
| 23 | municipality, is a self-insurer for purposes of providing | ||||||
| 24 | health insurance coverage for its employees, the insurance | ||||||
| 25 | coverage shall include mastectomy coverage, which includes | ||||||
| 26 | coverage for prosthetic devices or reconstructive surgery | ||||||
| |||||||
| |||||||
| 1 | incident to the mastectomy. Coverage for breast reconstruction | ||||||
| 2 | in connection with a mastectomy shall include: | ||||||
| 3 | (1) reconstruction of the breast upon which the | ||||||
| 4 | mastectomy has been performed; | ||||||
| 5 | (2) surgery and reconstruction of the other breast to | ||||||
| 6 | produce a symmetrical appearance; and | ||||||
| 7 | (3) prostheses and treatment for physical | ||||||
| 8 | complications at all stages of mastectomy, including | ||||||
| 9 | lymphedemas. | ||||||
| 10 | Care shall be determined in consultation with the attending | ||||||
| 11 | physician and the patient. The offered coverage for prosthetic | ||||||
| 12 | devices and reconstructive surgery shall be subject to the | ||||||
| 13 | deductible and coinsurance conditions applied to the | ||||||
| 14 | mastectomy, and all other terms and conditions applicable to | ||||||
| 15 | other benefits. When a mastectomy is performed and there is no | ||||||
| 16 | evidence of malignancy then the offered coverage may be | ||||||
| 17 | limited to the provision of prosthetic devices and | ||||||
| 18 | reconstructive surgery to within 2 years after the date of the | ||||||
| 19 | mastectomy. As used in this Section, "mastectomy" means the | ||||||
| 20 | removal of all or part of the breast for medically necessary | ||||||
| 21 | reasons, as determined by a licensed physician. | ||||||
| 22 | A municipality, including a home rule municipality, that | ||||||
| 23 | is a self-insurer for purposes of providing health insurance | ||||||
| 24 | coverage for its employees, may not penalize or reduce or | ||||||
| 25 | limit the reimbursement of an attending provider or provide | ||||||
| 26 | incentives (monetary or otherwise) to an attending provider to | ||||||
| |||||||
| |||||||
| 1 | induce the provider to provide care to an insured in a manner | ||||||
| 2 | inconsistent with this Section. | ||||||
| 3 | (d-20) The requirement that mammograms be included in | ||||||
| 4 | health insurance coverage as provided in subsections (d) | ||||||
| 5 | through (d-15) is an exclusive power and function of the State | ||||||
| 6 | and is a denial and limitation under Article VII, Section 6, | ||||||
| 7 | subsection (h) of the Illinois Constitution of home rule | ||||||
| 8 | municipality powers. A home rule municipality to which | ||||||
| 9 | subsections (d) through (d-15) apply must comply with every | ||||||
| 10 | provision of those subsections. | ||||||
| 11 | (d-25) If a municipality, including a home rule | ||||||
| 12 | municipality, is a self-insurer for purposes of providing | ||||||
| 13 | health insurance coverage for its employees, the insurance | ||||||
| 14 | coverage shall include joint mental health therapy services | ||||||
| 15 | for any member of the municipality's police department or fire | ||||||
| 16 | department and any spouse or partner of the member who resides | ||||||
| 17 | with the member. | ||||||
| 18 | The joint mental health therapy services provided under | ||||||
| 19 | this subsection shall be performed by a physician licensed to | ||||||
| 20 | practice medicine in all of its branches, a licensed clinical | ||||||
| 21 | psychologist, a licensed clinical social worker, a licensed | ||||||
| 22 | clinical professional counselor, a licensed marriage and | ||||||
| 23 | family therapist, a licensed social worker, or a licensed | ||||||
| 24 | professional counselor. | ||||||
| 25 | This subsection is a limitation under subsection (i) of | ||||||
| 26 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| |||||||
| |||||||
| 1 | concurrent exercise by home rule units of powers and functions | ||||||
| 2 | exercised by the State. | ||||||
| 3 | (e) Rulemaking authority to implement Public Act 95-1045, | ||||||
| 4 | if any, is conditioned on the rules being adopted in | ||||||
| 5 | accordance with all provisions of the Illinois Administrative | ||||||
| 6 | Procedure Act and all rules and procedures of the Joint | ||||||
| 7 | Committee on Administrative Rules; any purported rule not so | ||||||
| 8 | adopted, for whatever reason, is unauthorized. | ||||||
| 9 | (Source: P.A. 103-818, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 10 | (Text of Section after amendment by P.A. 103-808) | ||||||
| 11 | Sec. 10-4-2. Group insurance. | ||||||
| 12 | (a) The corporate authorities of any municipality may | ||||||
| 13 | arrange to provide, for the benefit of employees of the | ||||||
| 14 | municipality, group life, health, accident, hospital, and | ||||||
| 15 | medical insurance, or any one or any combination of those | ||||||
| 16 | types of insurance, and may arrange to provide that insurance | ||||||
| 17 | for the benefit of the spouses or dependents of those | ||||||
| 18 | employees. The insurance may include provision for employees | ||||||
| 19 | or other insured persons who rely on treatment by prayer or | ||||||
| 20 | spiritual means alone for healing in accordance with the | ||||||
| 21 | tenets and practice of a well recognized religious | ||||||
| 22 | denomination. The corporate authorities may provide for | ||||||
| 23 | payment by the municipality of a portion of the premium or | ||||||
| 24 | charge for the insurance with the employee paying the balance | ||||||
| 25 | of the premium or charge. If the corporate authorities | ||||||
| |||||||
| |||||||
| 1 | undertake a plan under which the municipality pays a portion | ||||||
| 2 | of the premium or charge, the corporate authorities shall | ||||||
| 3 | provide for withholding and deducting from the compensation of | ||||||
| 4 | those municipal employees who consent to join the plan the | ||||||
| 5 | balance of the premium or charge for the insurance. | ||||||
| 6 | (b) If the corporate authorities do not provide for a plan | ||||||
| 7 | under which the municipality pays a portion of the premium or | ||||||
| 8 | charge for a group insurance plan, the corporate authorities | ||||||
| 9 | may provide for withholding and deducting from the | ||||||
| 10 | compensation of those employees who consent thereto the | ||||||
| 11 | premium or charge for any group life, health, accident, | ||||||
| 12 | hospital, and medical insurance. | ||||||
| 13 | (c) The corporate authorities may exercise the powers | ||||||
| 14 | granted in this Section only if the kinds of group insurance | ||||||
| 15 | are obtained from an insurance company authorized to do | ||||||
| 16 | business in the State of Illinois, or are obtained through an | ||||||
| 17 | intergovernmental joint self-insurance pool as authorized | ||||||
| 18 | under the Intergovernmental Cooperation Act. The corporate | ||||||
| 19 | authorities may enact an ordinance prescribing the method of | ||||||
| 20 | operation of the insurance program. | ||||||
| 21 | (d) If a municipality, including a home rule municipality, | ||||||
| 22 | is a self-insurer for purposes of providing health insurance | ||||||
| 23 | coverage for its employees, the insurance coverage shall | ||||||
| 24 | include screening by low-dose mammography for all patients 35 | ||||||
| 25 | years of age or older for the presence of occult breast cancer | ||||||
| 26 | unless the municipality elects to provide mammograms itself | ||||||
| |||||||
| |||||||
| 1 | under Section 10-4-2.1. The coverage shall be as follows: | ||||||
| 2 | (1) A baseline mammogram for patients 35 to 39 years | ||||||
| 3 | of age. | ||||||
| 4 | (2) An annual mammogram for patients 40 years of age | ||||||
| 5 | or older. | ||||||
| 6 | (3) A mammogram at the age and intervals considered | ||||||
| 7 | medically necessary by the patient's health care provider | ||||||
| 8 | for patients under 40 years of age and having a family | ||||||
| 9 | history of breast cancer, prior personal history of breast | ||||||
| 10 | cancer, positive genetic testing, or other risk factors. | ||||||
| 11 | (4) For a group policy of accident and health | ||||||
| 12 | insurance that is amended, delivered, issued, or renewed | ||||||
| 13 | on or after January 1, 2020 (the effective date of Public | ||||||
| 14 | Act 101-580), a comprehensive ultrasound screening of an | ||||||
| 15 | entire breast or breasts if a mammogram demonstrates | ||||||
| 16 | heterogeneous or dense breast tissue or when medically | ||||||
| 17 | necessary as determined by a physician licensed to | ||||||
| 18 | practice medicine in all of its branches. | ||||||
| 19 | (4.5) For a group policy of accident and health | ||||||
| 20 | insurance that is amended, delivered, issued, or renewed | ||||||
| 21 | on or after January 1, 2026 (the effective date of Public | ||||||
| 22 | Act 103-808) this amendatory Act of the 103rd General | ||||||
| 23 | Assembly, molecular breast imaging (MBI) and magnetic | ||||||
| 24 | resonance imaging of an entire breast or breasts if a | ||||||
| 25 | mammogram demonstrates heterogeneous or dense breast | ||||||
| 26 | tissue or when medically necessary as determined by a | ||||||
| |||||||
| |||||||
| 1 | physician licensed to practice medicine in all of its | ||||||
| 2 | branches, advanced practice registered nurse, or physician | ||||||
| 3 | assistant. | ||||||
| 4 | (5) For a group policy of accident and health | ||||||
| 5 | insurance that is amended, delivered, issued, or renewed | ||||||
| 6 | on or after January 1, 2020, (the effective date of Public | ||||||
| 7 | Act 101-580), a diagnostic mammogram when medically | ||||||
| 8 | necessary, as determined by a physician licensed to | ||||||
| 9 | practice medicine in all its branches, advanced practice | ||||||
| 10 | registered nurse, or physician assistant. | ||||||
| 11 | A policy subject to this subsection shall not impose a | ||||||
| 12 | deductible, coinsurance, copayment, or any other cost-sharing | ||||||
| 13 | requirement on the coverage provided; except that this | ||||||
| 14 | sentence does not apply to coverage of diagnostic mammograms | ||||||
| 15 | to the extent such coverage would disqualify a high-deductible | ||||||
| 16 | health plan from eligibility for a health savings account | ||||||
| 17 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
| 18 | U.S.C. 223). | ||||||
| 19 | For purposes of this subsection: | ||||||
| 20 | "Diagnostic mammogram" means a mammogram obtained using | ||||||
| 21 | diagnostic mammography. | ||||||
| 22 | "Diagnostic mammography" means a method of screening that | ||||||
| 23 | is designed to evaluate an abnormality in a breast, including | ||||||
| 24 | an abnormality seen or suspected on a screening mammogram or a | ||||||
| 25 | subjective or objective abnormality otherwise detected in the | ||||||
| 26 | breast. | ||||||
| |||||||
| |||||||
| 1 | "Low-dose mammography" means the x-ray examination of the | ||||||
| 2 | breast using equipment dedicated specifically for mammography, | ||||||
| 3 | including the x-ray tube, filter, compression device, and | ||||||
| 4 | image receptor, with an average radiation exposure delivery of | ||||||
| 5 | less than one rad per breast for 2 views of an average size | ||||||
| 6 | breast. The term also includes digital mammography. | ||||||
| 7 | (d-5) Coverage as described by subsection (d) shall be | ||||||
| 8 | provided at no cost to the insured and shall not be applied to | ||||||
| 9 | an annual or lifetime maximum benefit. | ||||||
| 10 | (d-10) When health care services are available through | ||||||
| 11 | contracted providers and a person does not comply with plan | ||||||
| 12 | provisions specific to the use of contracted providers, the | ||||||
| 13 | requirements of subsection (d-5) are not applicable. When a | ||||||
| 14 | person does not comply with plan provisions specific to the | ||||||
| 15 | use of contracted providers, plan provisions specific to the | ||||||
| 16 | use of non-contracted providers must be applied without | ||||||
| 17 | distinction for coverage required by this Section and shall be | ||||||
| 18 | at least as favorable as for other radiological examinations | ||||||
| 19 | covered by the policy or contract. | ||||||
| 20 | (d-15) If a municipality, including a home rule | ||||||
| 21 | municipality, is a self-insurer for purposes of providing | ||||||
| 22 | health insurance coverage for its employees, the insurance | ||||||
| 23 | coverage shall include mastectomy coverage, which includes | ||||||
| 24 | coverage for prosthetic devices or reconstructive surgery | ||||||
| 25 | incident to the mastectomy. Coverage for breast reconstruction | ||||||
| 26 | in connection with a mastectomy shall include: | ||||||
| |||||||
| |||||||
| 1 | (1) reconstruction of the breast upon which the | ||||||
| 2 | mastectomy has been performed; | ||||||
| 3 | (2) surgery and reconstruction of the other breast to | ||||||
| 4 | produce a symmetrical appearance; and | ||||||
| 5 | (3) prostheses and treatment for physical | ||||||
| 6 | complications at all stages of mastectomy, including | ||||||
| 7 | lymphedemas. | ||||||
| 8 | Care shall be determined in consultation with the attending | ||||||
| 9 | physician and the patient. The offered coverage for prosthetic | ||||||
| 10 | devices and reconstructive surgery shall be subject to the | ||||||
| 11 | deductible and coinsurance conditions applied to the | ||||||
| 12 | mastectomy, and all other terms and conditions applicable to | ||||||
| 13 | other benefits. When a mastectomy is performed and there is no | ||||||
| 14 | evidence of malignancy then the offered coverage may be | ||||||
| 15 | limited to the provision of prosthetic devices and | ||||||
| 16 | reconstructive surgery to within 2 years after the date of the | ||||||
| 17 | mastectomy. As used in this Section, "mastectomy" means the | ||||||
| 18 | removal of all or part of the breast for medically necessary | ||||||
| 19 | reasons, as determined by a licensed physician. | ||||||
| 20 | A municipality, including a home rule municipality, that | ||||||
| 21 | is a self-insurer for purposes of providing health insurance | ||||||
| 22 | coverage for its employees, may not penalize or reduce or | ||||||
| 23 | limit the reimbursement of an attending provider or provide | ||||||
| 24 | incentives (monetary or otherwise) to an attending provider to | ||||||
| 25 | induce the provider to provide care to an insured in a manner | ||||||
| 26 | inconsistent with this Section. | ||||||
| |||||||
| |||||||
| 1 | (d-20) The requirement that mammograms be included in | ||||||
| 2 | health insurance coverage as provided in subsections (d) | ||||||
| 3 | through (d-15) is an exclusive power and function of the State | ||||||
| 4 | and is a denial and limitation under Article VII, Section 6, | ||||||
| 5 | subsection (h) of the Illinois Constitution of home rule | ||||||
| 6 | municipality powers. A home rule municipality to which | ||||||
| 7 | subsections (d) through (d-15) apply must comply with every | ||||||
| 8 | provision of those subsections. | ||||||
| 9 | (d-25) If a municipality, including a home rule | ||||||
| 10 | municipality, is a self-insurer for purposes of providing | ||||||
| 11 | health insurance coverage for its employees, the insurance | ||||||
| 12 | coverage shall include joint mental health therapy services | ||||||
| 13 | for any member of the municipality's police department or fire | ||||||
| 14 | department and any spouse or partner of the member who resides | ||||||
| 15 | with the member. | ||||||
| 16 | The joint mental health therapy services provided under | ||||||
| 17 | this subsection shall be performed by a physician licensed to | ||||||
| 18 | practice medicine in all of its branches, a licensed clinical | ||||||
| 19 | psychologist, a licensed clinical social worker, a licensed | ||||||
| 20 | clinical professional counselor, a licensed marriage and | ||||||
| 21 | family therapist, a licensed social worker, or a licensed | ||||||
| 22 | professional counselor. | ||||||
| 23 | This subsection is a limitation under subsection (i) of | ||||||
| 24 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 25 | concurrent exercise by home rule units of powers and functions | ||||||
| 26 | exercised by the State. | ||||||
| |||||||
| |||||||
| 1 | (e) Rulemaking authority to implement Public Act 95-1045, | ||||||
| 2 | if any, is conditioned on the rules being adopted in | ||||||
| 3 | accordance with all provisions of the Illinois Administrative | ||||||
| 4 | Procedure Act and all rules and procedures of the Joint | ||||||
| 5 | Committee on Administrative Rules; any purported rule not so | ||||||
| 6 | adopted, for whatever reason, is unauthorized. | ||||||
| 7 | (Source: P.A. 103-808, eff. 1-1-26; 103-818, eff. 1-1-25; | ||||||
| 8 | revised 11-26-24.)
| ||||||
| 9 | (65 ILCS 5/10-4-2.3) | ||||||
| 10 | Sec. 10-4-2.3. Required health benefits. If a | ||||||
| 11 | municipality, including a home rule municipality, is a | ||||||
| 12 | self-insurer for purposes of providing health insurance | ||||||
| 13 | coverage for its employees, the coverage shall include | ||||||
| 14 | coverage for the post-mastectomy care benefits required to be | ||||||
| 15 | covered by a policy of accident and health insurance under | ||||||
| 16 | Section 356t and the coverage required under Sections 356g, | ||||||
| 17 | 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x, | ||||||
| 18 | 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, | ||||||
| 19 | 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, | ||||||
| 20 | 356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, | ||||||
| 21 | 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, | ||||||
| 22 | 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, | ||||||
| 23 | 356z.67, 356z.68, and 356z.70, and 356z.71, 356z.74, and | ||||||
| 24 | 356z.77 of the Illinois Insurance Code. The coverage shall | ||||||
| 25 | comply with Sections 155.22a, 355b, 356z.19, and 370c of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Insurance Code. The Department of Insurance shall | ||||||
| 2 | enforce the requirements of this Section. The requirement that | ||||||
| 3 | health benefits be covered as provided in this is an exclusive | ||||||
| 4 | power and function of the State and is a denial and limitation | ||||||
| 5 | under Article VII, Section 6, subsection (h) of the Illinois | ||||||
| 6 | Constitution. A home rule municipality to which this Section | ||||||
| 7 | applies must comply with every provision of this Section. | ||||||
| 8 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 9 | any, is conditioned on the rules being adopted in accordance | ||||||
| 10 | with all provisions of the Illinois Administrative Procedure | ||||||
| 11 | Act and all rules and procedures of the Joint Committee on | ||||||
| 12 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 13 | whatever reason, is unauthorized. | ||||||
| 14 | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||||||
| 15 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
| 16 | 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, | ||||||
| 17 | eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
| 18 | 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. | ||||||
| 19 | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||||||
| 20 | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||||||
| 21 | 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. | ||||||
| 22 | 7-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, | ||||||
| 23 | eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; | ||||||
| 24 | revised 11-26-24.)
| ||||||
| 25 | (65 ILCS 5/11-13-28) | ||||||
| |||||||
| |||||||
| 1 | Sec. 11-13-28. Building permit fee for veterans with a | ||||||
| 2 | disability. | ||||||
| 3 | (a) A veteran with a disability or the veteran's caregiver | ||||||
| 4 | shall not be charged any building permit fee for improvements | ||||||
| 5 | to the residence of the veteran with a disability if the | ||||||
| 6 | improvements are required to accommodate a disability of the | ||||||
| 7 | veteran. Nothing in this subsection changes the obligation of | ||||||
| 8 | any person to submit to the municipality applications, forms, | ||||||
| 9 | or other paperwork to obtain a building permit. A veteran or | ||||||
| 10 | caregiver must provide proof of veteran status and attest to | ||||||
| 11 | the fact that the improvements to the residence are required | ||||||
| 12 | to accommodate the veteran's disability. Proof of veteran | ||||||
| 13 | status is to be construed liberally, and veteran status shall | ||||||
| 14 | include service in the Armed Forces of the United States, | ||||||
| 15 | National Guard, or the reserves of the Armed Forces of the | ||||||
| 16 | United States. | ||||||
| 17 | (b) What constitutes proof of veteran status shall be | ||||||
| 18 | determined by the municipality. The Illinois Department of | ||||||
| 19 | Veterans' Affairs may not adjudicate any dispute arising under | ||||||
| 20 | subsection paragraph (a). | ||||||
| 21 | (c) A home rule municipality may not regulate building | ||||||
| 22 | permit fees in a manner inconsistent with this Section. This | ||||||
| 23 | Section is a limitation under subsection (i) of Section 6 of | ||||||
| 24 | Article VII of the Illinois Constitution on the concurrent | ||||||
| 25 | exercise by home rule units of powers and functions exercised | ||||||
| 26 | by the State. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-621, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 2 | (65 ILCS 5/11-13-29) | ||||||
| 3 | Sec. 11-13-29 11-13-28. Battery-charged fences. | ||||||
| 4 | (a) As used in this Section, "battery-charged fence" means | ||||||
| 5 | a fence energized by a battery that is not more than 12 volts | ||||||
| 6 | of direct current that interfaces with an alarm system in a | ||||||
| 7 | manner that enables the fence to cause the connected alarm | ||||||
| 8 | system to transmit a signal intended to notify law enforcement | ||||||
| 9 | of a potential intrusion. | ||||||
| 10 | (b) Notwithstanding any other law, a municipality may not | ||||||
| 11 | require a permit or other approval for the installation, | ||||||
| 12 | maintenance, placement, replacement, or servicing of a | ||||||
| 13 | battery-charged fence if (i) the battery-charged fence is | ||||||
| 14 | located on nonresidential property completely surrounded by a | ||||||
| 15 | nonelectric perimeter fence or wall that is not less than 5 | ||||||
| 16 | feet in height and does not exceed 10 feet in height or 2 feet | ||||||
| 17 | higher than the nonelectric perimeter fence or wall, whichever | ||||||
| 18 | is higher, and (ii) any electrical charge produced on contact | ||||||
| 19 | does not exceed energizer characteristics set for electric | ||||||
| 20 | fences by the International Electrotechnical Commission. | ||||||
| 21 | (c) Any battery-charged fence installed under this Section | ||||||
| 22 | must have conspicuous signs located on the fence placed not | ||||||
| 23 | less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". | ||||||
| 24 | (d) A home rule municipality may not regulate | ||||||
| 25 | battery-charged fencing in a manner inconsistent with this | ||||||
| |||||||
| |||||||
| 1 | Section. This Section is a limitation under subsection (i) of | ||||||
| 2 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 3 | concurrent exercise by home rule units of powers and functions | ||||||
| 4 | exercised by the State. | ||||||
| 5 | (Source: P.A. 103-796, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 6 | (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1) | ||||||
| 7 | Sec. 11-19-1. Contracts. | ||||||
| 8 | (a) Any city, village, or incorporated town may make | ||||||
| 9 | contracts with any other city, village, or incorporated town | ||||||
| 10 | or with any person, corporation, or county, or any agency | ||||||
| 11 | created by intergovernmental agreement, for more than one year | ||||||
| 12 | and not exceeding 30 years relating to the collection and | ||||||
| 13 | final disposition, or relating solely to either the collection | ||||||
| 14 | or final disposition of garbage, refuse and ashes. A | ||||||
| 15 | municipality may contract with private industry to operate a | ||||||
| 16 | designated facility for the disposal, treatment, or recycling | ||||||
| 17 | of solid waste, and may enter into contracts with private | ||||||
| 18 | firms or local governments for the delivery of waste to such | ||||||
| 19 | facility. In regard to a contract involving a garbage, refuse, | ||||||
| 20 | or garbage and refuse incineration facility, the 30-year 30 | ||||||
| 21 | year contract limitation imposed by this Section shall be | ||||||
| 22 | computed so that the 30 years shall not begin to run until the | ||||||
| 23 | date on which the facility actually begins accepting garbage | ||||||
| 24 | or refuse. The payments required in regard to any contract | ||||||
| 25 | entered into under this Division 19 shall not be regarded as | ||||||
| |||||||
| |||||||
| 1 | indebtedness of the city, village, or incorporated town, as | ||||||
| 2 | the case may be, for the purpose of any debt limitation imposed | ||||||
| 3 | by any law. On and after January 1, 2018 (the effective date of | ||||||
| 4 | Public Act 100-316) this amendatory Act of the 100th General | ||||||
| 5 | Assembly, a municipality with a population of less than | ||||||
| 6 | 1,000,000 shall not enter into any new contracts with any | ||||||
| 7 | other unit of local government, by intergovernmental agreement | ||||||
| 8 | or otherwise, or with any corporation or person relating to | ||||||
| 9 | the collecting and final disposition of general construction | ||||||
| 10 | or demolition debris; except that this sentence does not apply | ||||||
| 11 | to a municipality with a population of less than 1,000,000 | ||||||
| 12 | that is a party to: (1) a contract relating to the collecting | ||||||
| 13 | and final disposition of general construction or demolition | ||||||
| 14 | debris on January 1, 2018 (the effective date of Public Act | ||||||
| 15 | 100-316) this amendatory Act of the 100th General Assembly; or | ||||||
| 16 | (2) the renewal or extension of a contract relating to the | ||||||
| 17 | collecting and final disposition of general construction or | ||||||
| 18 | demolition debris irrespective of whether the contract | ||||||
| 19 | automatically renews, is amended, or is subject to a new | ||||||
| 20 | request for proposal after January 1, 2018 (the effective date | ||||||
| 21 | of Public Act 100-316) this amendatory Act of the 100th | ||||||
| 22 | General Assembly. | ||||||
| 23 | (a-5) If a municipality with a population of less than | ||||||
| 24 | 1,000,000 located in a county as defined in the Solid Waste and | ||||||
| 25 | Recycling Program Act has never awarded a franchise to a | ||||||
| 26 | private entity for the collection of waste from | ||||||
| |||||||
| |||||||
| 1 | non-residential locations, then the municipality may not award | ||||||
| 2 | a franchise unless: | ||||||
| 3 | (1) the municipality provides prior written notice to | ||||||
| 4 | all haulers licensed to provide waste hauling service in | ||||||
| 5 | that municipality of the municipality's intent to issue a | ||||||
| 6 | request for proposal under this Section; | ||||||
| 7 | (2) the municipality adopts an ordinance requiring | ||||||
| 8 | each licensed hauler, for a period of no less than 36 | ||||||
| 9 | continuous months commencing on the first day of the month | ||||||
| 10 | following the effective date of such ordinance, to report | ||||||
| 11 | every 6 months to the municipality the number of | ||||||
| 12 | non-residential locations served by the hauler in the | ||||||
| 13 | municipality and the number of non-residential locations | ||||||
| 14 | contracting with the hauler for the recyclable materials | ||||||
| 15 | collection service pursuant to Section 10 of the Solid | ||||||
| 16 | Waste Hauling and Recycling Program Act; and | ||||||
| 17 | (3) the report to the municipality required under | ||||||
| 18 | paragraph (2) of this subsection (a-5) for the final 6 | ||||||
| 19 | months of that 36-month period establishes that less than | ||||||
| 20 | 50% of the non-residential locations in the municipality | ||||||
| 21 | contract for recyclable material collection services | ||||||
| 22 | pursuant to Section 10 of the Solid Waste Hauling and | ||||||
| 23 | Recycling Program Act. | ||||||
| 24 | All such reports shall be filed with the municipality by | ||||||
| 25 | the hauler on or before the last day of the month following the | ||||||
| 26 | end of the 6-month reporting period. Within 15 days after the | ||||||
| |||||||
| |||||||
| 1 | last day for licensed haulers to file such reports, the | ||||||
| 2 | municipality shall post on its website: (i) the information | ||||||
| 3 | provided by each hauler pursuant to paragraph (2) of this | ||||||
| 4 | subsection (a-5), without identifying the hauler; and (ii) the | ||||||
| 5 | aggregate number of non-residential locations served by all | ||||||
| 6 | licensed haulers in the municipality and the aggregate number | ||||||
| 7 | of non-residential locations contracting with all licensed | ||||||
| 8 | haulers in the municipality for the recyclable materials | ||||||
| 9 | collection service under Section 10 of the Solid Waste Hauling | ||||||
| 10 | and Recycling Program Act. | ||||||
| 11 | (a-10) Beginning at the conclusion of the 36-month | ||||||
| 12 | reporting period and thereafter, and upon written request of | ||||||
| 13 | the municipality, each licensed hauler shall, for every | ||||||
| 14 | 6-month period, report to the municipality (i) the number of | ||||||
| 15 | non-residential locations served by the hauler in the | ||||||
| 16 | municipality and the number of non-residential locations | ||||||
| 17 | contracting with the hauler for the recyclable materials | ||||||
| 18 | collection service pursuant to Section 10 of the Solid Waste | ||||||
| 19 | Hauling and Recycling Program Act, (ii) an estimate of the | ||||||
| 20 | quantity of recyclable materials, in tons, collected by the | ||||||
| 21 | hauler in the municipality from non-residential locations | ||||||
| 22 | contracting with the hauler for recyclable materials | ||||||
| 23 | collection service pursuant to Section 10 of the Solid Waste | ||||||
| 24 | Hauling and Recycling Program Act, and (iii) an estimate of | ||||||
| 25 | the quantity of municipal waste, in tons, collected by the | ||||||
| 26 | hauler in the municipality from those non-residential | ||||||
| |||||||
| |||||||
| 1 | locations. All reports for that 6-month period shall be filed | ||||||
| 2 | with the municipality by the hauler on or before the last day | ||||||
| 3 | of the month following the end of the 6-month reporting | ||||||
| 4 | period. Within 15 days after the last day for licensed haulers | ||||||
| 5 | to file such reports, the municipality shall post on its | ||||||
| 6 | website: (i) the information provided by each hauler pursuant | ||||||
| 7 | to this subsection (a-10), without identifying the hauler; and | ||||||
| 8 | (ii) the aggregate number of non-residential locations served | ||||||
| 9 | by all licensed haulers in the municipality and the aggregate | ||||||
| 10 | number of non-residential locations contracting with all | ||||||
| 11 | licensed haulers in the municipality for the recyclable | ||||||
| 12 | materials collection service under Section 10 of the Solid | ||||||
| 13 | Waste Hauling and Recycling Program Act. | ||||||
| 14 | A municipality subject to subsection (a-5) of this Section | ||||||
| 15 | may not award a franchise unless 2 consecutive 6-month reports | ||||||
| 16 | determine that less than 50% of the non-residential locations | ||||||
| 17 | within the municipality contract for recyclable material | ||||||
| 18 | collection service pursuant to Section 10 of the Solid Waste | ||||||
| 19 | Hauling and Recycling Program Act. | ||||||
| 20 | (b) If a municipality with a population of less than | ||||||
| 21 | 1,000,000 has never awarded a franchise to a private entity | ||||||
| 22 | for the collection of waste from non-residential locations, | ||||||
| 23 | then that municipality may not award such a franchise without | ||||||
| 24 | issuing a request for proposal. The municipality may not issue | ||||||
| 25 | a request for proposal without first: (i) holding at least one | ||||||
| 26 | public hearing seeking comment on the advisability of issuing | ||||||
| |||||||
| |||||||
| 1 | a request for proposal and awarding a franchise; (ii) | ||||||
| 2 | providing at least 30 days' written notice of the hearing, | ||||||
| 3 | delivered by first class mail to all private entities that | ||||||
| 4 | provide non-residential waste collection services within the | ||||||
| 5 | municipality that the municipality is able to identify through | ||||||
| 6 | its records; and (iii) providing at least 30 days' public | ||||||
| 7 | notice of the hearing. | ||||||
| 8 | After issuing a request for proposal, the municipality may | ||||||
| 9 | not award a franchise without first: (i) allowing at least 30 | ||||||
| 10 | days for proposals to be submitted to the municipality; (ii) | ||||||
| 11 | holding at least one public hearing after the receipt of | ||||||
| 12 | proposals on whether to award a franchise to a proposed | ||||||
| 13 | franchisee; and (iii) providing at least 30 days' public | ||||||
| 14 | notice of the hearing. At the public hearing, the municipality | ||||||
| 15 | must disclose and discuss the proposed franchise fee or | ||||||
| 16 | calculation formula of such franchise fee that it will receive | ||||||
| 17 | under the proposed franchise. | ||||||
| 18 | (b-5) If no request for proposal is issued within 120 days | ||||||
| 19 | after the initial public hearing required in subsection (b), | ||||||
| 20 | then the municipality must hold another hearing as outlined in | ||||||
| 21 | subsection (b). | ||||||
| 22 | (b-10) If a municipality has not awarded a franchise | ||||||
| 23 | within 210 days after the date that a request for proposal is | ||||||
| 24 | issued pursuant to subsection (b), then the municipality must | ||||||
| 25 | adhere to all of the requirements set forth in subsections (b) | ||||||
| 26 | and (b-5). | ||||||
| |||||||
| |||||||
| 1 | (b-15) The franchise fee and any other fees, taxes, or | ||||||
| 2 | charges imposed by the municipality in connection with a | ||||||
| 3 | franchise for the collection of waste from non-residential | ||||||
| 4 | locations must be used exclusively for costs associated with | ||||||
| 5 | administering the franchise program. | ||||||
| 6 | (c) If a municipality with a population of less than | ||||||
| 7 | 1,000,000 has never awarded a franchise to a private entity | ||||||
| 8 | for the collection of waste from non-residential locations, | ||||||
| 9 | then a private entity may not begin providing waste collection | ||||||
| 10 | services to non-residential locations under a franchise | ||||||
| 11 | agreement with that municipality at any time before the date | ||||||
| 12 | that is 15 months after the date the ordinance or resolution | ||||||
| 13 | approving the award of the franchise is adopted. | ||||||
| 14 | (d) For purposes of this Section, "waste" means garbage, | ||||||
| 15 | refuse, or ashes as defined in Section 11-19-2. | ||||||
| 16 | (e) A home rule unit may not award a franchise to a private | ||||||
| 17 | entity for the collection of waste in a manner contrary to the | ||||||
| 18 | provisions of this Section. This Section is a limitation under | ||||||
| 19 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
| 20 | Constitution on the concurrent exercise by home rule units of | ||||||
| 21 | powers and functions exercised by the State. | ||||||
| 22 | (f) A municipality with a population of less than | ||||||
| 23 | 1,000,000 shall not award a franchise or contract to any | ||||||
| 24 | private entity for the collection of general construction or | ||||||
| 25 | demolition debris from residential or non-residential | ||||||
| 26 | locations. This subsection does not apply to a municipality | ||||||
| |||||||
| |||||||
| 1 | with a population of less than 1,000,000 that is a party to: | ||||||
| 2 | (1) a franchise or contract with a private entity for the | ||||||
| 3 | collection of general construction or demolition debris from | ||||||
| 4 | residential or non-residential locations on January 1, 2018 | ||||||
| 5 | (the effective date of Public Act 100-316) this amendatory Act | ||||||
| 6 | of the 100th General Assembly; or (2) the renewal or extension | ||||||
| 7 | of a franchise or contract with a private entity for the | ||||||
| 8 | collection of general construction or demolition debris from | ||||||
| 9 | residential or non-residential locations irrespective of | ||||||
| 10 | whether the franchise or contract automatically renews, is | ||||||
| 11 | amended, or is subject to a new request for proposal after | ||||||
| 12 | January 1, 2018 (the effective date of Public Act 100-316) | ||||||
| 13 | this amendatory Act of the 100th General Assembly. | ||||||
| 14 | (Source: P.A. 100-316, eff. 1-1-18; revised 10-22-24.)
| ||||||
| 15 | (65 ILCS 5/11-48.3-11) (from Ch. 24, par. 11-48.3-11) | ||||||
| 16 | Sec. 11-48.3-11. The Authority shall have continuing power | ||||||
| 17 | to borrow money for the purpose of carrying out and performing | ||||||
| 18 | its duties and exercising its powers under this Division. | ||||||
| 19 | For the purpose of evidencing the obligation of the | ||||||
| 20 | Authority to repay any money borrowed as aforesaid, the | ||||||
| 21 | Authority may, pursuant to ordinance adopted by the Board, | ||||||
| 22 | from time to time issue and dispose of its interest bearing | ||||||
| 23 | revenue bonds, and may also from time to time issue and dispose | ||||||
| 24 | of its interest bearing revenue bonds to refund any bonds at | ||||||
| 25 | maturity or pursuant to redemption provisions or at any time | ||||||
| |||||||
| |||||||
| 1 | before maturity with the consent of the holders thereof. All | ||||||
| 2 | such bonds shall be payable solely from the revenues or income | ||||||
| 3 | to be derived from the exhibitions, rentals, and leases and | ||||||
| 4 | other authorized activities operated by it, and from funds, if | ||||||
| 5 | any, received and to be received by the Authority from any | ||||||
| 6 | other source. Such bonds may bear such date or dates, may | ||||||
| 7 | mature at such time or times not exceeding 40 years from their | ||||||
| 8 | respective dates, may bear interest at such rate or rates, not | ||||||
| 9 | exceeding the maximum rate permitted by the Bond Authorization | ||||||
| 10 | Act "An Act to authorize public corporations to issue bonds, | ||||||
| 11 | other evidences of indebtedness and tax anticipation warrants | ||||||
| 12 | subject to interest rate limitations set forth therein", | ||||||
| 13 | approved May 26, 1970, as now or hereafter amended, may be in | ||||||
| 14 | such form, may carry such registration privileges, may be | ||||||
| 15 | executed in such manner, may be payable at such place or | ||||||
| 16 | places, may be made subject to redemption in such manner and | ||||||
| 17 | upon such terms, with or without premium as is stated on the | ||||||
| 18 | face thereof, may be executed in such manner and may contain | ||||||
| 19 | such terms and covenants, all as may be provided in the | ||||||
| 20 | ordinance. In case any officer whose signature appears on any | ||||||
| 21 | bond ceases (after attaching his or her signature) to hold | ||||||
| 22 | office, his or her signature shall nevertheless be valid and | ||||||
| 23 | effective for all purposes. The holder or holders of any bonds | ||||||
| 24 | or interest coupons appertaining thereto issued by the | ||||||
| 25 | Authority may bring mandamus, injunction, civil actions, and | ||||||
| 26 | proceedings to compel the performance and observance by the | ||||||
| |||||||
| |||||||
| 1 | Authority or any of its officers, agents, or employees of any | ||||||
| 2 | contract or covenant made by the Authority with the holders of | ||||||
| 3 | such bonds or interest coupons and to compel the Authority and | ||||||
| 4 | any of its officers, agents, or employees to perform any | ||||||
| 5 | duties required to be performed for the benefit of the holders | ||||||
| 6 | of any such bonds or interest coupons by the provisions of the | ||||||
| 7 | ordinance authorizing their issuance, or to enjoin the | ||||||
| 8 | Authority and any of its officers, agents, or employees from | ||||||
| 9 | taking any action in conflict with any such contract or | ||||||
| 10 | covenant. | ||||||
| 11 | Notwithstanding the form and tenor of any such bonds and | ||||||
| 12 | in the absence of any express recital on the face thereof that | ||||||
| 13 | it is non-negotiable, all such bonds shall be negotiable | ||||||
| 14 | instruments under the Uniform Commercial Code. | ||||||
| 15 | From and after the issuance of any bonds as herein | ||||||
| 16 | provided, it shall be the duty of the corporate authorities of | ||||||
| 17 | the Authority to fix and establish rates, charges, rents, and | ||||||
| 18 | fees for the use of facilities acquired, constructed, | ||||||
| 19 | reconstructed, extended, or improved with the proceeds of the | ||||||
| 20 | sale of said bonds sufficient at all times, with other | ||||||
| 21 | revenues of the Authority, to pay: | ||||||
| 22 | (a) The cost of maintaining, repairing, regulating, | ||||||
| 23 | and operating the said facilities; and | ||||||
| 24 | (b) The bonds and interest thereon as they shall | ||||||
| 25 | become due, and all sinking fund requirements and other | ||||||
| 26 | requirements provided by the ordinance authorizing the | ||||||
| |||||||
| |||||||
| 1 | issuance of the bonds or as provided by any trust | ||||||
| 2 | agreement executed to secure payment thereof. | ||||||
| 3 | To secure the payment of any or all of such bonds and for | ||||||
| 4 | the purpose of setting forth the covenants and undertakings of | ||||||
| 5 | the Authority in connection with the issuance thereof and the | ||||||
| 6 | issuance of any additional bonds payable from such revenue | ||||||
| 7 | income to be derived from the exhibitions, office rentals, air | ||||||
| 8 | space leases and rentals, and other revenue, if any, the | ||||||
| 9 | Authority may execute and deliver a trust agreement or | ||||||
| 10 | agreements; provided that no lien upon any physical property | ||||||
| 11 | of the Authority shall be created thereby. | ||||||
| 12 | A remedy for any breach or default of the terms of any such | ||||||
| 13 | trust agreement by the Authority may be by mandamus, | ||||||
| 14 | injunction, civil action, and proceedings in any court of | ||||||
| 15 | competent jurisdiction to compel performance and compliance | ||||||
| 16 | therewith, but the trust agreement may prescribe by whom or on | ||||||
| 17 | whose behalf such action may be instituted. | ||||||
| 18 | Before any such bonds (excepting refunding bonds) are | ||||||
| 19 | sold, the entire authorized issue, or any part thereof, shall | ||||||
| 20 | be offered for sale as a unit after advertising for bids at | ||||||
| 21 | least 3 times in a daily newspaper of general circulation | ||||||
| 22 | published in the metropolitan area, the last publication to be | ||||||
| 23 | at least 10 days before bids are required to be filed. Copies | ||||||
| 24 | of such advertisement may be published in any newspaper or | ||||||
| 25 | financial publication in the United States. All bids shall be | ||||||
| 26 | sealed, filed, and opened as provided by ordinance and the | ||||||
| |||||||
| |||||||
| 1 | bonds shall be awarded to the highest and best bidder or | ||||||
| 2 | bidders therefor. The Authority shall have the right to reject | ||||||
| 3 | all bids and readvertise for bids in the manner provided for in | ||||||
| 4 | the initial advertisement. If no bids are received, however, | ||||||
| 5 | such bonds may be sold at not less than par value, without | ||||||
| 6 | further advertising, within 60 days after the bids are | ||||||
| 7 | required to be filed pursuant to any advertisement. | ||||||
| 8 | (Source: P.A. 86-279; revised 7-31-24.)
| ||||||
| 9 | (65 ILCS 5/11-61-3) (from Ch. 24, par. 11-61-3) | ||||||
| 10 | Sec. 11-61-3. The corporate authorities of each | ||||||
| 11 | municipality having a population of less than 1,000,000 | ||||||
| 12 | inhabitants shall have the express power to purchase or lease | ||||||
| 13 | either real estate or personal property for public purposes | ||||||
| 14 | through contracts which provide for the consideration for such | ||||||
| 15 | purchase or lease to be paid through installments to be made at | ||||||
| 16 | stated intervals during a certain period of time, but, in no | ||||||
| 17 | case, shall such contracts provide for the consideration to be | ||||||
| 18 | paid during a period of time in excess of 20 years nor shall | ||||||
| 19 | such contracts provide for the payment of interest at a rate of | ||||||
| 20 | more than that permitted in the Bond Authorization Act "An Act | ||||||
| 21 | to authorize public corporations to issue bonds, other | ||||||
| 22 | evidences of indebtedness and tax anticipation warrants | ||||||
| 23 | subject to interest rate limitations set forth therein", | ||||||
| 24 | approved May 26, 1970, as amended. The indebtedness incurred | ||||||
| 25 | under this Section when aggregated with existing indebtedness | ||||||
| |||||||
| |||||||
| 1 | may not exceed the debt limits provided in Division 5 of | ||||||
| 2 | Article 8 of this Code. | ||||||
| 3 | The amendatory Acts of 1972 and 1973 are not a limit upon | ||||||
| 4 | any municipality which is a home rule unit. | ||||||
| 5 | (Source: P.A. 91-493, eff. 8-13-99; revised 7-31-24.)
| ||||||
| 6 | (65 ILCS 5/11-135-1) (from Ch. 24, par. 11-135-1) | ||||||
| 7 | Sec. 11-135-1. Any 2 or more municipalities, except cities | ||||||
| 8 | of 500,000 or more inhabitants, may acquire either by purchase | ||||||
| 9 | or construction a waterworks system or a common source of | ||||||
| 10 | supply of water, or both, and may operate jointly a waterworks | ||||||
| 11 | system or a common source of supply of water, or both, and | ||||||
| 12 | improve and extend the same, as provided in this Division 135. | ||||||
| 13 | The corporate authorities of the specified municipalities | ||||||
| 14 | desiring to avail themselves of the provisions of this | ||||||
| 15 | Division 135 shall adopt a resolution or ordinance determining | ||||||
| 16 | and electing to acquire and operate jointly a waterworks | ||||||
| 17 | system or a common source of supply of water, or both, as the | ||||||
| 18 | case may be. Such resolution or ordinance may be rescinded at | ||||||
| 19 | any time prior to the issuance and sale of revenue bonds and | ||||||
| 20 | after the rescinding municipality has no outstanding | ||||||
| 21 | obligation to pay a proportionate share of the costs of | ||||||
| 22 | development, construction, or operation. | ||||||
| 23 | Any municipality adopting a resolution or ordinance to | ||||||
| 24 | acquire and operate jointly a waterworks system or a common | ||||||
| 25 | source of supply of water, or both, as the case may be, under | ||||||
| |||||||
| |||||||
| 1 | the provisions of this Division 135, is authorized from time | ||||||
| 2 | to time to pay, to advance, or to obligate itself to the | ||||||
| 3 | Commission, to bear a proportionate share of the development | ||||||
| 4 | costs of any project proposed by the Commission, including | ||||||
| 5 | plans, feasibility reports, and engineering, even though the | ||||||
| 6 | project is never constructed or water is never supplied by the | ||||||
| 7 | Commission to such municipality. | ||||||
| 8 | Whenever any municipality determines to pay, to advance, | ||||||
| 9 | or to obligate itself for its proportionate share of | ||||||
| 10 | development costs as above provided, it shall adopt an | ||||||
| 11 | ordinance declaring its intention to do so, fix the maximum | ||||||
| 12 | amount of its share of the cost it proposes to pay, to advance, | ||||||
| 13 | or to obligate itself for, and the period over which it | ||||||
| 14 | proposes to pay its obligation (not exceeding 5 years) and the | ||||||
| 15 | maximum amount to be paid annually, if such obligation is to be | ||||||
| 16 | paid in installments. The time of payment of any such | ||||||
| 17 | installment obligation may be extended for a period of not | ||||||
| 18 | exceeding five years from the final maturity date of the | ||||||
| 19 | original obligation. | ||||||
| 20 | From and after such ordinance becomes effective, it shall | ||||||
| 21 | be the duty of the municipality to include an amount | ||||||
| 22 | sufficient to pay the annual installments of its obligation | ||||||
| 23 | each year in the next succeeding appropriation ordinances. No | ||||||
| 24 | prior appropriation shall be required for a municipality to | ||||||
| 25 | authorize the payments, advances, or obligations herein | ||||||
| 26 | provided for. | ||||||
| |||||||
| |||||||
| 1 | Whenever any municipality has obligated itself for | ||||||
| 2 | development costs as herein provided and after the effective | ||||||
| 3 | date of the ordinance under which it obligated itself for a | ||||||
| 4 | specific amount for development costs of a project and after | ||||||
| 5 | approval of such obligation by the Commission, the Commission | ||||||
| 6 | is authorized to borrow funds temporarily for payment of such | ||||||
| 7 | development costs in advance of permanent financing. The | ||||||
| 8 | Commission may from time to time and pursuant to an | ||||||
| 9 | appropriate resolution borrow money and issue its interim | ||||||
| 10 | notes to evidence borrowings for such purpose, including all | ||||||
| 11 | necessary and incidental expenses in connection therewith. | ||||||
| 12 | Any resolution authorizing the issuance of such notes | ||||||
| 13 | shall describe the project and the development costs to be | ||||||
| 14 | undertaken, specify the principal amount, rate of interest as | ||||||
| 15 | authorized under Section 2 of the Bond Authorization Act "An | ||||||
| 16 | Act to authorize public corporations to issue bonds, other | ||||||
| 17 | evidences of indebtedness and tax anticipation warrants | ||||||
| 18 | subject to interest rate limitations set forth therein", | ||||||
| 19 | approved May 26, 1970, as now or hereafter amended, and the | ||||||
| 20 | maturity date which shall coincide with the due date of the | ||||||
| 21 | obligations or the installments thereof incurred by the | ||||||
| 22 | respective municipalities pursuant to this Section not, | ||||||
| 23 | however, to exceed 5 years from date. | ||||||
| 24 | Contemporaneously with the issuance as provided by this | ||||||
| 25 | Division of revenue bonds, all outstanding interim notes | ||||||
| 26 | issued for development costs of a project though they have not | ||||||
| |||||||
| |||||||
| 1 | then matured shall be paid, both principal and interest to | ||||||
| 2 | date of payment, from funds derived from the sale of revenue | ||||||
| 3 | bonds for the permanent financing of any such project for | ||||||
| 4 | which interim notes may have been issued and such interim | ||||||
| 5 | notes shall be surrendered and cancelled. | ||||||
| 6 | Any municipality adopting a resolution or ordinance to | ||||||
| 7 | acquire and operate jointly a waterworks system or a common | ||||||
| 8 | source of supply of water, or both, as the case may be, under | ||||||
| 9 | the provisions of this Division 135 is further authorized from | ||||||
| 10 | time to time, to pay, to advance, or to obligate itself to the | ||||||
| 11 | Commission to bear, a proportionate share of the construction | ||||||
| 12 | and operating costs of any project proposed by the Commission. | ||||||
| 13 | Whenever a municipality determines to pay, to advance, or | ||||||
| 14 | to obligate itself for its proportionate share of construction | ||||||
| 15 | or operating costs as above provided, it shall adopt an | ||||||
| 16 | ordinance declaring its intention to do so, fix the maximum | ||||||
| 17 | amount of its share of the cost it proposes to pay, to advance, | ||||||
| 18 | or to obligate itself for, and the period over which it | ||||||
| 19 | proposes to pay its obligation and the maximum amount to be | ||||||
| 20 | paid annually, if such obligation is to be paid in | ||||||
| 21 | installments. From and after such ordinance becomes effective, | ||||||
| 22 | it shall be the duty of the municipality to include an amount | ||||||
| 23 | sufficient to pay the annual installments of its obligation | ||||||
| 24 | each year in the next succeeding appropriation ordinances. No | ||||||
| 25 | prior appropriation shall be required for a municipality to | ||||||
| 26 | authorize the payments, advances, or obligations herein | ||||||
| |||||||
| |||||||
| 1 | provided for. | ||||||
| 2 | Whenever any municipality has paid, advanced, or obligated | ||||||
| 3 | itself for development, construction, or operating costs as | ||||||
| 4 | herein provided, the Commission is authorized to contract with | ||||||
| 5 | such municipality, on such terms as may be agreed, for the | ||||||
| 6 | repayment to such municipality by the Commission of any | ||||||
| 7 | payment or advance made by such municipality to the Commission | ||||||
| 8 | to charge, in addition to all other charges and rates | ||||||
| 9 | authorized under the provisions of this Division, such rates | ||||||
| 10 | and charges for water sold by the Commission as shall be | ||||||
| 11 | necessary to provide for such repayment. In addition, any | ||||||
| 12 | payment or advance of such costs made by a municipality | ||||||
| 13 | pursuant to this Section may be repaid by the Commission to the | ||||||
| 14 | municipality from the proceeds of revenue bonds authorized to | ||||||
| 15 | be issued by the Commission pursuant to this Division 135. | ||||||
| 16 | (Source: P.A. 82-783; revised 7-31-24.)
| ||||||
| 17 | (65 ILCS 5/11-135-4) (from Ch. 24, par. 11-135-4) | ||||||
| 18 | Sec. 11-135-4. A commission may from time to time issue | ||||||
| 19 | its revenue bonds in such principal amounts as the commission | ||||||
| 20 | shall deem necessary to provide sufficient funds to carry out | ||||||
| 21 | any of its corporate purposes and powers, including, without | ||||||
| 22 | limitation, developing, acquiring, constructing, extending, or | ||||||
| 23 | improving a waterworks system or common source of supply of | ||||||
| 24 | water, or any combination thereof, the funding or refunding of | ||||||
| 25 | the principal of, redemption premium, if any, and interest on, | ||||||
| |||||||
| |||||||
| 1 | any bonds issued by it whether or not such bonds or interest to | ||||||
| 2 | be funded or refunded have or have not become due, the payment | ||||||
| 3 | of engineering, legal, and other expenses, together with | ||||||
| 4 | interest to a date one year subsequent to the estimated date of | ||||||
| 5 | completion of the project, the establishment or increase of | ||||||
| 6 | reserves to secure or to pay such bonds and interest thereon, | ||||||
| 7 | the providing of working capital, and the payment of all other | ||||||
| 8 | costs or expenses of the commission incident to and necessary | ||||||
| 9 | or convenient to carry out its corporate purposes and powers. | ||||||
| 10 | These bonds shall have all the qualities of negotiable | ||||||
| 11 | instruments under the laws of this State and shall not | ||||||
| 12 | constitute indebtedness of any of the municipalities | ||||||
| 13 | constituting the commission. | ||||||
| 14 | Every issue of bonds of such commission shall be payable | ||||||
| 15 | out of the revenues to be derived pursuant to contracts with | ||||||
| 16 | the specified municipalities and participating water | ||||||
| 17 | commissions or by virtue of the operation of any properties | ||||||
| 18 | acquired or to be acquired or constructed. A commission may | ||||||
| 19 | issue such types of bonds as it may determine, including bonds | ||||||
| 20 | as to which the principal and interest are payable exclusively | ||||||
| 21 | from the revenues from one or more projects, or from an | ||||||
| 22 | interest therein or a right to the products and services | ||||||
| 23 | thereof, or from one or more revenue producing contracts made | ||||||
| 24 | by the commission, or its revenues generally. Any such bonds | ||||||
| 25 | may be additionally secured by a pledge of any grant, subsidy, | ||||||
| 26 | or contribution from the United States, the State of Illinois, | ||||||
| |||||||
| |||||||
| 1 | or any unit of local government, or any combination thereof. | ||||||
| 2 | Before the treasurer of the commission is entitled to | ||||||
| 3 | receive the proceeds of the sale of such a bond issue, he shall | ||||||
| 4 | supply a corporate surety bond in an amount equivalent to the | ||||||
| 5 | amount of funds to be derived from the sale of the bonds, and, | ||||||
| 6 | in addition thereto, he shall supply a separate corporate | ||||||
| 7 | surety bond for the faithful accounting of any funds that may | ||||||
| 8 | come into his possession in an amount equal to the amount of | ||||||
| 9 | funds likely to come into his hands in any one year from the | ||||||
| 10 | revenue to be derived from the operation of any of the | ||||||
| 11 | properties of the commission. The cost of these surety bonds | ||||||
| 12 | shall be paid by the commission. | ||||||
| 13 | The revenue bonds shall be issued pursuant to an ordinance | ||||||
| 14 | or resolution, and may be issued in one or more series, and | ||||||
| 15 | shall bear such date or dates, mature at such time or times | ||||||
| 16 | within the estimated period of usefulness of the project | ||||||
| 17 | involved and in any event not more than 50 years from the date | ||||||
| 18 | thereof, bear interest at such rate or rates as authorized | ||||||
| 19 | under Section 2 of the Bond Authorization Act "An Act to | ||||||
| 20 | authorize public corporations to issue bonds, other evidences | ||||||
| 21 | of indebtedness and tax anticipation warrants subject to | ||||||
| 22 | interest rate limitations set forth therein", approved May 26, | ||||||
| 23 | 1970, as now or hereafter amended, which rates may be fixed or | ||||||
| 24 | variable, be in such denominations, be in such form, either | ||||||
| 25 | coupon or registered, carry such conversion, registration, and | ||||||
| 26 | exchange privileges, have such rank or priority, be executed | ||||||
| |||||||
| |||||||
| 1 | in such manner, be payable in such medium of payment at such | ||||||
| 2 | place or places within or without the State of Illinois, be | ||||||
| 3 | subject to such terms of redemption with or without premium, | ||||||
| 4 | and contain or be subject to such other terms as the ordinance | ||||||
| 5 | or resolution may provide, and shall not be restricted by the | ||||||
| 6 | provisions of any other law limiting the amounts, maturities, | ||||||
| 7 | interest rates, or other terms of obligations of public | ||||||
| 8 | agencies or private persons. The bonds shall be sold in such | ||||||
| 9 | manner as the commission shall determine, at private or public | ||||||
| 10 | sale. It shall not be necessary that the ordinance or | ||||||
| 11 | resolution refer to plans and specifications nor that there be | ||||||
| 12 | on file for public inspection prior to the adoption of such | ||||||
| 13 | ordinance detailed plans and specifications of the project. | ||||||
| 14 | This ordinance or resolution may contain such covenants and | ||||||
| 15 | restrictions in relation to the operation of the properties | ||||||
| 16 | under the control of the commission and the issuance of | ||||||
| 17 | additional revenue bonds thereafter as may be deemed necessary | ||||||
| 18 | or advisable for the assurance of payment of the bonds thereby | ||||||
| 19 | authorized and as may be thereafter issued. It shall be | ||||||
| 20 | plainly stated on the face of each bond that it does not | ||||||
| 21 | constitute an indebtedness of any municipality represented by | ||||||
| 22 | the commission within the meaning of any statutory or | ||||||
| 23 | constitutional limitation. Upon the issuance of revenue bonds, | ||||||
| 24 | the revenue of the commission derived pursuant to contracts | ||||||
| 25 | entered into for the sale of water to the specified | ||||||
| 26 | municipalities and from the operation of its properties, shall | ||||||
| |||||||
| |||||||
| 1 | be accounted for as provided in the ordinance or resolution | ||||||
| 2 | authorizing the issuance of the bonds. Any commission created | ||||||
| 3 | under the provisions of this Division 135 may also issue new | ||||||
| 4 | bonds for the purpose of providing funds for the payment of | ||||||
| 5 | unpaid bonds in accordance with the procedure prescribed by | ||||||
| 6 | this Division 135. | ||||||
| 7 | The amendatory Acts of 1971, 1972, 1973, 1975 and 1981 are | ||||||
| 8 | not a limit upon any municipality which is a home rule unit. | ||||||
| 9 | (Source: P.A. 91-659, eff. 12-22-99; revised 7-31-24.)
| ||||||
| 10 | Section 385. The Economic Development Project Area Tax | ||||||
| 11 | Increment Allocation Act of 1995 is amended by changing | ||||||
| 12 | Section 10 as follows:
| ||||||
| 13 | (65 ILCS 110/10) | ||||||
| 14 | Sec. 10. Definitions. In this Act, words or terms have the | ||||||
| 15 | following meanings: | ||||||
| 16 | (a) "Closed military installation" means a former base, | ||||||
| 17 | camp, post, station, yard, center, homeport facility for any | ||||||
| 18 | ship, or other activity under the jurisdiction of the United | ||||||
| 19 | States Department of the Defense which is not less in the | ||||||
| 20 | aggregate than 500 acres and which is closed or in the process | ||||||
| 21 | of being closed by the Secretary of Defense under and pursuant | ||||||
| 22 | to Title II of the Defense Base Closure and Realignment Act | ||||||
| 23 | (Public Law 100-526; 10 U.S.C. 2687 note), The Defense Base | ||||||
| 24 | Closure and Realignment Act of 1990 (part A of title XXIX of | ||||||
| |||||||
| |||||||
| 1 | Public Law 101-510; 10 U.S.C. 2687 note), Section 2687 of | ||||||
| 2 | Title 10 of the United States Code (10 U.S.C. 2687), or an | ||||||
| 3 | installation, described in subsection (b) of Section 15 of the | ||||||
| 4 | Joliet Arsenal Development Authority Act, that has been | ||||||
| 5 | transferred or is in the process of being transferred by the | ||||||
| 6 | Secretary of the Army pursuant to the Illinois Land | ||||||
| 7 | Conservation Act (Title XXIX of Public Law 104-106; 16 U.S.C. | ||||||
| 8 | 1609), as each may be further supplemented or amended. | ||||||
| 9 | (b) "Economic development plan" means the written plan of | ||||||
| 10 | a municipality that sets forth an economic development program | ||||||
| 11 | for an economic development project area. Each economic | ||||||
| 12 | development plan shall include, but not be limited to, (i) | ||||||
| 13 | estimated economic development project costs, (ii) the sources | ||||||
| 14 | of funds to pay those costs, (iii) the nature and term of any | ||||||
| 15 | obligations to be issued by the municipality to pay those | ||||||
| 16 | costs, (iv) the most recent equalized assessed valuation of | ||||||
| 17 | the economic development project area, (v) an estimate of the | ||||||
| 18 | equalized assessed valuation of the economic development | ||||||
| 19 | project area after completion of an economic development | ||||||
| 20 | project, (vi) the estimated date of completion of any economic | ||||||
| 21 | development project proposed to be undertaken, (vii) a general | ||||||
| 22 | description of the types of any proposed developers, users, or | ||||||
| 23 | tenants of any property to be located or improved within the | ||||||
| 24 | economic development project area, (viii) a description of the | ||||||
| 25 | type, structure, and general character of the facilities to be | ||||||
| 26 | developed or improved, (ix) a description of the general land | ||||||
| |||||||
| |||||||
| 1 | uses to apply in the economic development project area, (x) a | ||||||
| 2 | general description or an estimate of the type, class, and | ||||||
| 3 | number of employees to be employed in the operation of the | ||||||
| 4 | facilities to be developed or improved, and (xi) a commitment | ||||||
| 5 | by the municipality to fair employment practices and an | ||||||
| 6 | affirmative action plan regarding any economic development | ||||||
| 7 | program to be undertaken by the municipality. | ||||||
| 8 | (c) "Economic development project" means any development | ||||||
| 9 | project furthering the objectives of this Act. | ||||||
| 10 | (d) "Economic development project area" means any improved | ||||||
| 11 | or vacant area that (i) is within or partially within and | ||||||
| 12 | contiguous to the boundaries of a closed military installation | ||||||
| 13 | as defined in subsection (a) of this Section (except the | ||||||
| 14 | installation described in Section 15 of the Joliet Arsenal | ||||||
| 15 | Development Authority Act) or, only in the case of the | ||||||
| 16 | installation described in Section 15 of the Joliet Arsenal | ||||||
| 17 | Development Authority Act, is within or contiguous to the | ||||||
| 18 | closed military installation, (ii) is located entirely within | ||||||
| 19 | the territorial limits of a municipality, (iii) is contiguous, | ||||||
| 20 | (iv) is not less in the aggregate than 1 1/2 acres, (v) is | ||||||
| 21 | suitable for siting by a commercial, manufacturing, | ||||||
| 22 | industrial, research, transportation, or residential housing | ||||||
| 23 | enterprise or facilities to include, but not be limited to, | ||||||
| 24 | commercial businesses, offices, factories, mills, processing | ||||||
| 25 | plants, industrial or commercial distribution centers, | ||||||
| 26 | warehouses, repair overhaul or service facilities, freight | ||||||
| |||||||
| |||||||
| 1 | terminals, research facilities, test facilities, | ||||||
| 2 | transportation facilities, or single-family single or | ||||||
| 3 | multi-family residential housing units, regardless of whether | ||||||
| 4 | the area has been used at any time for those facilities and | ||||||
| 5 | regardless of whether the area has been used or is suitable for | ||||||
| 6 | other uses and (vi) has been approved and certified by the | ||||||
| 7 | corporate authorities of the municipality pursuant to this | ||||||
| 8 | Act. | ||||||
| 9 | (e) "Economic development project costs" means and | ||||||
| 10 | includes the total of all reasonable or necessary costs | ||||||
| 11 | incurred or to be incurred under an economic development | ||||||
| 12 | project, including, without limitation, the following: | ||||||
| 13 | (1) Costs of studies, surveys, development of plans | ||||||
| 14 | and specifications, and implementation and administration | ||||||
| 15 | of an economic development plan and personnel and | ||||||
| 16 | professional service costs for architectural, engineering, | ||||||
| 17 | legal, marketing, financial planning, police, fire, public | ||||||
| 18 | works, public utility, or other services. No charges for | ||||||
| 19 | professional services, however, may be based on a | ||||||
| 20 | percentage of incremental tax revenues. | ||||||
| 21 | (2) Property assembly costs within an economic | ||||||
| 22 | development project area, including, but not limited to, | ||||||
| 23 | acquisition of land and other real or personal property or | ||||||
| 24 | rights or interests in property. | ||||||
| 25 | (3) Site preparation costs, including, but not limited | ||||||
| 26 | to, clearance of any area within an economic development | ||||||
| |||||||
| |||||||
| 1 | project area by demolition or removal of any existing | ||||||
| 2 | buildings, structures, fixtures, utilities, and | ||||||
| 3 | improvements and clearing and grading; and including | ||||||
| 4 | installation, repair, construction, reconstruction, | ||||||
| 5 | extension, or relocation of public streets, public | ||||||
| 6 | utilities, and other public site improvements located | ||||||
| 7 | outside the boundaries of an economic development project | ||||||
| 8 | area that are essential to the preparation of the economic | ||||||
| 9 | development project area for use with an economic | ||||||
| 10 | development plan. | ||||||
| 11 | (4) Costs of renovation, rehabilitation, | ||||||
| 12 | reconstruction, relocation, repair, or remodeling of any | ||||||
| 13 | existing buildings, improvements, equipment, and fixtures | ||||||
| 14 | within an economic development project area. | ||||||
| 15 | (5) Costs of installation or construction within an | ||||||
| 16 | economic development project area of any buildings, | ||||||
| 17 | structures, works, streets, improvements, equipment, | ||||||
| 18 | utilities, or fixtures, whether publicly or privately | ||||||
| 19 | owned or operated. | ||||||
| 20 | (6) Financing costs, including, but not limited to, | ||||||
| 21 | all necessary and incidental expenses related to the | ||||||
| 22 | issuance of obligations, payment of any interest on any | ||||||
| 23 | obligations issued under this Act that accrues during the | ||||||
| 24 | estimated period of construction of any economic | ||||||
| 25 | development project for which the obligations are issued | ||||||
| 26 | and for not more than 36 months after that period, and any | ||||||
| |||||||
| |||||||
| 1 | reasonable reserves related to the issuance of the | ||||||
| 2 | obligations. | ||||||
| 3 | (7) All or a portion of a taxing district's capital or | ||||||
| 4 | operating costs resulting from an economic development | ||||||
| 5 | project necessarily incurred or estimated to be incurred | ||||||
| 6 | by a taxing district in the furtherance of the objectives | ||||||
| 7 | of an economic development project, to the extent that the | ||||||
| 8 | municipality, by written agreement, accepts and approves | ||||||
| 9 | those costs. | ||||||
| 10 | (8) Relocation costs to the extent that a municipality | ||||||
| 11 | determines that relocation costs shall be paid or is | ||||||
| 12 | required to pay relocation costs by federal or State law. | ||||||
| 13 | (9) The estimated tax revenues from real property in | ||||||
| 14 | an economic development project area acquired by a | ||||||
| 15 | municipality in furtherance of an economic development | ||||||
| 16 | project under this Act that, according to the economic | ||||||
| 17 | development plan, is to be used for a private use (i) that | ||||||
| 18 | any taxing district would have received had the | ||||||
| 19 | municipality not adopted tax increment allocation | ||||||
| 20 | financing for an economic development project area and | ||||||
| 21 | (ii) that would result from the taxing district's levies | ||||||
| 22 | made after the time of the adoption by the municipality of | ||||||
| 23 | tax increment allocation financing to the time the current | ||||||
| 24 | equalized assessed value of real property in the economic | ||||||
| 25 | development project area exceeds the total initial | ||||||
| 26 | equalized value of real property. | ||||||
| |||||||
| |||||||
| 1 | (10) Costs of rebating ad valorem taxes paid by any | ||||||
| 2 | developer or other nongovernmental person in whose name | ||||||
| 3 | the general taxes were paid for the last preceding year on | ||||||
| 4 | any lot, block, tract, or parcel of land in the economic | ||||||
| 5 | development project area, provided that: | ||||||
| 6 | (A) the economic development project area is | ||||||
| 7 | located in an enterprise zone created under the | ||||||
| 8 | Illinois Enterprise Zone Act; | ||||||
| 9 | (B) the ad valorem taxes shall be rebated only in | ||||||
| 10 | amounts and for a tax year or years as the municipality | ||||||
| 11 | and any one or more affected taxing districts have | ||||||
| 12 | agreed by prior written agreement; | ||||||
| 13 | (C) any amount of rebate of taxes shall not exceed | ||||||
| 14 | the portion, if any, of taxes levied by the | ||||||
| 15 | municipality or taxing district or districts that is | ||||||
| 16 | attributable to the increase in the current equalized | ||||||
| 17 | assessed valuation of each taxable lot, block, tract, | ||||||
| 18 | or parcel of real property in the economic development | ||||||
| 19 | project area over and above the initial equalized | ||||||
| 20 | assessed value of each property existing at the time | ||||||
| 21 | property tax allocation financing was adopted for the | ||||||
| 22 | economic development project area; and | ||||||
| 23 | (D) costs of rebating ad valorem taxes shall be | ||||||
| 24 | paid by a municipality solely from the special tax | ||||||
| 25 | allocation fund established under this Act and shall | ||||||
| 26 | not be paid from the proceeds of any obligations | ||||||
| |||||||
| |||||||
| 1 | issued by a municipality. | ||||||
| 2 | (11) Costs of job training or advanced vocational or | ||||||
| 3 | career education, including, but not limited to, courses | ||||||
| 4 | in occupational, semi-technical, or technical fields | ||||||
| 5 | leading directly to employment, incurred by one or more | ||||||
| 6 | taxing districts, but only if the costs are related to the | ||||||
| 7 | establishment and maintenance of additional job training, | ||||||
| 8 | advanced vocational education, or career education | ||||||
| 9 | programs for persons employed or to be employed by | ||||||
| 10 | employers located in the economic development project area | ||||||
| 11 | and only if, when the costs are incurred by a taxing | ||||||
| 12 | district or taxing districts other than the municipality, | ||||||
| 13 | they shall be set forth in a written agreement by or among | ||||||
| 14 | the municipality and the taxing district or taxing | ||||||
| 15 | districts that describes the program to be undertaken, | ||||||
| 16 | including, without limitation, the number of employees to | ||||||
| 17 | be trained, a description of the training and services to | ||||||
| 18 | be provided, the number and type of positions available or | ||||||
| 19 | to be available, itemized costs of the program and sources | ||||||
| 20 | of funds to pay the costs, and the term of the agreement. | ||||||
| 21 | These costs include, specifically, the payment by | ||||||
| 22 | community college districts of costs pursuant to Sections | ||||||
| 23 | 3-37, 3-38, 3-40 and 3-40.1 of the Public Community | ||||||
| 24 | College Act and by school districts of costs pursuant to | ||||||
| 25 | Sections 10-22.20 and 10-23.3a of the School Code. | ||||||
| 26 | (12) Private financing costs incurred by a developer | ||||||
| |||||||
| |||||||
| 1 | or other nongovernmental person in connection with an | ||||||
| 2 | economic development project, provided that: | ||||||
| 3 | (A) private financing costs shall be paid or | ||||||
| 4 | reimbursed by a municipality only pursuant to the | ||||||
| 5 | prior official action of the municipality evidencing | ||||||
| 6 | an intent to pay or reimburse such private financing | ||||||
| 7 | costs; | ||||||
| 8 | (B) except as provided in subparagraph (D), the | ||||||
| 9 | aggregate amount of the costs paid or reimbursed by a | ||||||
| 10 | municipality in any one year shall not exceed 30% of | ||||||
| 11 | the costs paid or incurred by the developer or other | ||||||
| 12 | nongovernmental person in that year; | ||||||
| 13 | (C) private financing costs shall be paid or | ||||||
| 14 | reimbursed by a municipality solely from the special | ||||||
| 15 | tax allocation fund established under this Act and | ||||||
| 16 | shall not be paid from the proceeds of any obligations | ||||||
| 17 | issued by a municipality; and | ||||||
| 18 | (D) if there are not sufficient funds available in | ||||||
| 19 | the special tax allocation fund in any year to make the | ||||||
| 20 | payment or reimbursement in full, any amount of the | ||||||
| 21 | interest costs remaining to be paid or reimbursed by a | ||||||
| 22 | municipality shall accrue and be payable when funds | ||||||
| 23 | are available in the special tax allocation fund to | ||||||
| 24 | make the payment. | ||||||
| 25 | If a special service area has been established under the | ||||||
| 26 | Special Service Area Tax Act, then any tax increment revenues | ||||||
| |||||||
| |||||||
| 1 | derived from the tax imposed pursuant to the Special Service | ||||||
| 2 | Area Tax Act may be used within the economic development | ||||||
| 3 | project area for the purposes permitted by that Act as well as | ||||||
| 4 | the purposes permitted by this Act. | ||||||
| 5 | (f) "Municipality" means a city, village, or incorporated | ||||||
| 6 | town. | ||||||
| 7 | (g) "Obligations" means any instrument evidencing the | ||||||
| 8 | obligation of a municipality to pay money, including, without | ||||||
| 9 | limitation, bonds, notes, installment or financing contracts, | ||||||
| 10 | certificates, tax anticipation warrants or notes, vouchers, | ||||||
| 11 | and any other evidences of indebtedness. | ||||||
| 12 | (h) "Taxing districts" means counties, townships, and | ||||||
| 13 | school, road, park, sanitary, mosquito abatement, forest | ||||||
| 14 | preserve, public health, fire protection, river conservancy, | ||||||
| 15 | tuberculosis sanitarium, and any other districts or other | ||||||
| 16 | municipal corporations with the power to levy taxes. | ||||||
| 17 | (Source: P.A. 91-642, eff. 8-20-99; revised 10-16-24.)
| ||||||
| 18 | Section 390. The Airport Authorities Act is amended by | ||||||
| 19 | changing Section 15.2 as follows:
| ||||||
| 20 | (70 ILCS 5/15.2) (from Ch. 15 1/2, par. 68.15b) | ||||||
| 21 | Sec. 15.2. An Airport Authority may construct office, | ||||||
| 22 | aircraft hangar and service buildings and appurtenant | ||||||
| 23 | facilities upon a public airport owned and operated by the | ||||||
| 24 | authority for the use and occupancy of the State Department of | ||||||
| |||||||
| |||||||
| 1 | Transportation under a lease to the State of Illinois for such | ||||||
| 2 | purpose. The rents and charges payable thereunder shall be not | ||||||
| 3 | greater than the total costs to the authority of constructing | ||||||
| 4 | and maintaining said airport improvements and of funding such | ||||||
| 5 | costs under the provisions of Sections 8.03, 8.04, 8.08, 15, | ||||||
| 6 | and 15.1, as amended, of this Act as hereinafter provided. The | ||||||
| 7 | rentals payable to the authority under such lease, together | ||||||
| 8 | with such non-tax revenues as are available to the authority, | ||||||
| 9 | shall also be adequate in amount for the authority to | ||||||
| 10 | establish and maintain a bond reserve account. Such lease | ||||||
| 11 | shall not be effective for a longer term than is reasonably | ||||||
| 12 | required to enable such funding to occur, and in no event shall | ||||||
| 13 | the term thereof exceed 30 thirty years. Such airport | ||||||
| 14 | improvements shall be constructed upon plans and | ||||||
| 15 | specifications approved by the Department of Transportation. | ||||||
| 16 | The lease of said improvements and the site thereof to the | ||||||
| 17 | State of Illinois shall be executed by the Department of | ||||||
| 18 | Central Management Services for the use of the Department of | ||||||
| 19 | Transportation. In the event the General Assembly does not | ||||||
| 20 | appropriate the necessary funds for paying the rentals on the | ||||||
| 21 | lease entered into by the authority under this Section, the | ||||||
| 22 | authority may lease such facilities to another lessee. | ||||||
| 23 | The authority may secure the funds required for the | ||||||
| 24 | construction of said improvements through the issuance and | ||||||
| 25 | sale of revenue bonds as authorized by and subject to the | ||||||
| 26 | conditions stated in said Sections 15 and 15.1 of this Act, | ||||||
| |||||||
| |||||||
| 1 | which bonds shall bear interest at a rate not to exceed that | ||||||
| 2 | permitted in the Bond Authorization Act "An Act to authorize | ||||||
| 3 | public corporations to issue bonds, other evidences of | ||||||
| 4 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 5 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 6 | now or hereafter amended. Such revenue bonds shall be | ||||||
| 7 | primarily secured by the income receivable by the authority | ||||||
| 8 | under said lease. Other available and unpledged airport | ||||||
| 9 | operating income may be pledged by the authority to meet any | ||||||
| 10 | deficiency in the income from the lease in meeting the | ||||||
| 11 | principal and interest maturities of said revenue bonds and | ||||||
| 12 | the maintenance and depreciation requirements of said Section | ||||||
| 13 | 15.1. The principal amount of such revenue bonds shall be | ||||||
| 14 | based upon the actual total costs of said improvements, | ||||||
| 15 | including costs of engineering and architects services, the | ||||||
| 16 | costs incidental to the issuance of the bonds, including legal | ||||||
| 17 | costs, the costs of selling and printing the bonds, and the | ||||||
| 18 | interest on the bonds during the time of construction. | ||||||
| 19 | Construction contracts for said improvements shall be awarded | ||||||
| 20 | upon competitive bids and such bids and the making of awards | ||||||
| 21 | shall be subject to approval by the Authority and the | ||||||
| 22 | Department of Transportation. | ||||||
| 23 | (Source: P.A. 82-1057; revised 7-31-24.)
| ||||||
| 24 | Section 395. The Metropolitan Pier and Exposition | ||||||
| 25 | Authority Act is amended by changing Section 23.1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1) | ||||||
| 2 | Sec. 23.1. Affirmative action. | ||||||
| 3 | (a) The Authority shall, within 90 days after the | ||||||
| 4 | effective date of this amendatory Act of 1984, establish and | ||||||
| 5 | maintain an affirmative action program designed to promote | ||||||
| 6 | equal employment opportunity and eliminate the effects of past | ||||||
| 7 | discrimination. Such program shall include a plan, including | ||||||
| 8 | timetables where appropriate, which shall specify goals and | ||||||
| 9 | methods for increasing participation by women and minorities | ||||||
| 10 | in employment, including employment related to the planning, | ||||||
| 11 | organization, and staging of the games, by the Authority and | ||||||
| 12 | by parties which contract with the Authority. The Authority | ||||||
| 13 | shall submit a detailed plan with the General Assembly prior | ||||||
| 14 | to September 1 of each year. Such program shall also establish | ||||||
| 15 | procedures and sanctions, which the Authority shall enforce to | ||||||
| 16 | ensure compliance with the plan established pursuant to this | ||||||
| 17 | Section and with State and federal laws and regulations | ||||||
| 18 | relating to the employment of women and minorities. A | ||||||
| 19 | determination by the Authority as to whether a party to a | ||||||
| 20 | contract with the Authority has achieved the goals or employed | ||||||
| 21 | the methods for increasing participation by women and | ||||||
| 22 | minorities shall be determined in accordance with the terms of | ||||||
| 23 | such contracts or the applicable provisions of rules and | ||||||
| 24 | regulations of the Authority existing at the time such | ||||||
| 25 | contract was executed, including any provisions for | ||||||
| |||||||
| |||||||
| 1 | consideration of good faith efforts at compliance which the | ||||||
| 2 | Authority may reasonably adopt. | ||||||
| 3 | (b) The Authority shall adopt and maintain minority-owned | ||||||
| 4 | and women-owned business enterprise procurement programs under | ||||||
| 5 | the affirmative action program described in subsection (a) for | ||||||
| 6 | any and all work, including all contracting related to the | ||||||
| 7 | planning, organization, and staging of the games, undertaken | ||||||
| 8 | by the Authority. That work shall include, but is not limited | ||||||
| 9 | to, the purchase of professional services, construction | ||||||
| 10 | services, supplies, materials, and equipment. The programs | ||||||
| 11 | shall establish goals of awarding not less than 25% of the | ||||||
| 12 | annual dollar value of all contracts, purchase orders, or | ||||||
| 13 | other agreements (collectively referred to as "contracts") to | ||||||
| 14 | minority-owned businesses and 5% of the annual dollar value of | ||||||
| 15 | all contracts to women-owned businesses. Without limiting the | ||||||
| 16 | generality of the foregoing, the programs shall require in | ||||||
| 17 | connection with the prequalification or consideration of | ||||||
| 18 | vendors for professional service contracts, construction | ||||||
| 19 | contracts, and contracts for supplies, materials, equipment, | ||||||
| 20 | and services that each proposer or bidder submit as part of his | ||||||
| 21 | or her proposal or bid a commitment detailing how he or she | ||||||
| 22 | will expend 25% or more of the dollar value of his or her | ||||||
| 23 | contracts with one or more minority-owned businesses and 5% or | ||||||
| 24 | more of the dollar value with one or more women-owned | ||||||
| 25 | businesses. Bids or proposals that do not include such | ||||||
| 26 | detailed commitments are not responsive and shall be rejected | ||||||
| |||||||
| |||||||
| 1 | unless the Authority deems it appropriate to grant a waiver of | ||||||
| 2 | these requirements. In addition the Authority may, in | ||||||
| 3 | connection with the selection of providers of professional | ||||||
| 4 | services, reserve the right to select a minority-owned or | ||||||
| 5 | women-owned business or businesses to fulfill the commitment | ||||||
| 6 | to minority and woman business participation. The commitment | ||||||
| 7 | to minority and woman business participation may be met by the | ||||||
| 8 | contractor or professional service provider's status as a | ||||||
| 9 | minority-owned or women-owned business, by joint venture or by | ||||||
| 10 | subcontracting a portion of the work with or purchasing | ||||||
| 11 | materials for the work from one or more such businesses, or by | ||||||
| 12 | any combination thereof. Each contract shall require the | ||||||
| 13 | contractor or provider to submit a certified monthly report | ||||||
| 14 | detailing the status of that contractor or provider's | ||||||
| 15 | compliance with the Authority's minority-owned and women-owned | ||||||
| 16 | business enterprise procurement program. The Authority, after | ||||||
| 17 | reviewing the monthly reports of the contractors and | ||||||
| 18 | providers, shall compile a comprehensive report regarding | ||||||
| 19 | compliance with this procurement program and file it quarterly | ||||||
| 20 | with the General Assembly. If, in connection with a particular | ||||||
| 21 | contract, the Authority determines that it is impracticable or | ||||||
| 22 | excessively costly to obtain minority-owned or women-owned | ||||||
| 23 | businesses to perform sufficient work to fulfill the | ||||||
| 24 | commitment required by this subsection, the Authority shall | ||||||
| 25 | reduce or waive the commitment in the contract, as may be | ||||||
| 26 | appropriate. The Authority shall establish rules and | ||||||
| |||||||
| |||||||
| 1 | regulations setting forth the standards to be used in | ||||||
| 2 | determining whether or not a reduction or waiver is | ||||||
| 3 | appropriate. The terms "minority-owned business" and | ||||||
| 4 | "women-owned business" have the meanings given to those terms | ||||||
| 5 | in the Business Enterprise for Minorities, Women, and Persons | ||||||
| 6 | with Disabilities Act. | ||||||
| 7 | (c) The Authority shall adopt and maintain an affirmative | ||||||
| 8 | action program in connection with the hiring of minorities and | ||||||
| 9 | women on the Expansion Project and on any and all construction | ||||||
| 10 | projects, including all contracting related to the planning, | ||||||
| 11 | organization, and staging of the games, undertaken by the | ||||||
| 12 | Authority. The program shall be designed to promote equal | ||||||
| 13 | employment opportunity and shall specify the goals and methods | ||||||
| 14 | for increasing the participation of minorities and women in a | ||||||
| 15 | representative mix of job classifications required to perform | ||||||
| 16 | the respective contracts awarded by the Authority. | ||||||
| 17 | (d) In connection with the Expansion Project, the | ||||||
| 18 | Authority shall incorporate the following elements into its | ||||||
| 19 | minority-owned and women-owned business procurement programs | ||||||
| 20 | to the extent feasible: (1) a major contractors program that | ||||||
| 21 | permits minority-owned businesses and women-owned businesses | ||||||
| 22 | to bear significant responsibility and risk for a portion of | ||||||
| 23 | the project; (2) a mentor/protege program that provides | ||||||
| 24 | financial, technical, managerial, equipment, and personnel | ||||||
| 25 | support to minority-owned businesses and women-owned | ||||||
| 26 | businesses; (3) an emerging firms program that includes | ||||||
| |||||||
| |||||||
| 1 | minority-owned businesses and women-owned businesses that | ||||||
| 2 | would not otherwise qualify for the project due to | ||||||
| 3 | inexperience or limited resources; (4) a small projects | ||||||
| 4 | program that includes participation by smaller minority-owned | ||||||
| 5 | businesses and women-owned businesses on jobs where the total | ||||||
| 6 | dollar value is $5,000,000 or less; and (5) a set-aside | ||||||
| 7 | program that will identify contracts requiring the expenditure | ||||||
| 8 | of funds less than $50,000 for bids to be submitted solely by | ||||||
| 9 | minority-owned businesses and women-owned businesses. | ||||||
| 10 | (e) The Authority is authorized to enter into agreements | ||||||
| 11 | with contractors' associations, labor unions, and the | ||||||
| 12 | contractors working on the Expansion Project to establish an | ||||||
| 13 | Apprenticeship Preparedness Training Program to provide for an | ||||||
| 14 | increase in the number of minority and women journeymen and | ||||||
| 15 | apprentices in the building trades and to enter into | ||||||
| 16 | agreements with Community College District 508 to provide | ||||||
| 17 | readiness training. The Authority is further authorized to | ||||||
| 18 | enter into contracts with public and private educational | ||||||
| 19 | institutions and persons in the hospitality industry to | ||||||
| 20 | provide training for employment in the hospitality industry. | ||||||
| 21 | (f) McCormick Place Advisory Board. There is created a | ||||||
| 22 | McCormick Place Advisory Board composed as follows: 2 members | ||||||
| 23 | shall be appointed by the Mayor of Chicago; 2 members shall be | ||||||
| 24 | appointed by the Governor; 2 members shall be State Senators | ||||||
| 25 | appointed by the President of the Senate; 2 members shall be | ||||||
| 26 | State Senators appointed by the Minority Leader of the Senate; | ||||||
| |||||||
| |||||||
| 1 | 2 members shall be State Representatives appointed by the | ||||||
| 2 | Speaker of the House of Representatives; and 2 members shall | ||||||
| 3 | be State Representatives appointed by the Minority Leader of | ||||||
| 4 | the House of Representatives. The terms of all previously | ||||||
| 5 | appointed members of the Advisory Board expire on the | ||||||
| 6 | effective date of this amendatory Act of the 92nd General | ||||||
| 7 | Assembly. A State Senator or State Representative member may | ||||||
| 8 | appoint a designee to serve on the McCormick Place Advisory | ||||||
| 9 | Board in his or her absence. | ||||||
| 10 | A "member of a minority group" shall mean a person who is a | ||||||
| 11 | citizen or lawful permanent resident of the United States and | ||||||
| 12 | who is any of the following: | ||||||
| 13 | (1) 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 | (2) 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 | (3) Black or African American (a person having origins | ||||||
| 23 | in any of the black racial groups of Africa). | ||||||
| 24 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| 25 | Puerto Rican, South or Central American, or other Spanish | ||||||
| 26 | culture or origin, regardless of race). | ||||||
| |||||||
| |||||||
| 1 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
| 2 | person having origins in any of the original peoples of | ||||||
| 3 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
| 4 | Members of the McCormick Place Advisory Board shall serve | ||||||
| 5 | 2-year terms and until their successors are appointed, except | ||||||
| 6 | members who serve as a result of their elected position whose | ||||||
| 7 | terms shall continue as long as they hold their designated | ||||||
| 8 | elected positions. Vacancies shall be filled by appointment | ||||||
| 9 | for the unexpired term in the same manner as original | ||||||
| 10 | appointments are made. The McCormick Place Advisory Board | ||||||
| 11 | shall elect its own chairperson. | ||||||
| 12 | Members of the McCormick Place Advisory Board shall serve | ||||||
| 13 | without compensation but, at the Authority's discretion, shall | ||||||
| 14 | be reimbursed for necessary expenses in connection with the | ||||||
| 15 | performance of their duties. | ||||||
| 16 | The McCormick Place Advisory Board shall meet quarterly, | ||||||
| 17 | or as needed, shall produce any reports it deems necessary, | ||||||
| 18 | and shall: | ||||||
| 19 | (1) Work with the Authority on ways to improve the | ||||||
| 20 | area physically and economically; | ||||||
| 21 | (2) Work with the Authority regarding potential means | ||||||
| 22 | for providing increased economic opportunities to | ||||||
| 23 | minorities and women produced indirectly or directly from | ||||||
| 24 | the construction and operation of the Expansion Project; | ||||||
| 25 | (3) Work with the Authority to minimize any potential | ||||||
| 26 | impact on the area surrounding the McCormick Place | ||||||
| |||||||
| |||||||
| 1 | Expansion Project, including any impact on minority-owned | ||||||
| 2 | or women-owned businesses, resulting from the construction | ||||||
| 3 | and operation of the Expansion Project; | ||||||
| 4 | (4) Work with the Authority to find candidates for | ||||||
| 5 | building trades apprenticeships, for employment in the | ||||||
| 6 | hospitality industry, and to identify job training | ||||||
| 7 | programs; | ||||||
| 8 | (5) Work with the Authority to implement the | ||||||
| 9 | provisions of subsections (a) through (e) of this Section | ||||||
| 10 | in the construction of the Expansion Project, including | ||||||
| 11 | the Authority's goal of awarding not less than 25% and 5% | ||||||
| 12 | of the annual dollar value of contracts to minority-owned | ||||||
| 13 | and women-owned businesses, the outreach program for | ||||||
| 14 | minorities and women, and the mentor/protege program for | ||||||
| 15 | providing assistance to minority-owned and women-owned | ||||||
| 16 | businesses. | ||||||
| 17 | (g) (Blank). The Authority shall comply with subsection | ||||||
| 18 | (e) of Section 5-42 of the Olympic Games and Paralympic Games | ||||||
| 19 | (2016) Law. For purposes of this Section, the term "games" has | ||||||
| 20 | the meaning set forth in the Olympic Games and Paralympic | ||||||
| 21 | Games (2016) Law. | ||||||
| 22 | (Source: P.A. 102-465, eff. 1-1-22; revised 10-24-24.)
| ||||||
| 23 | Section 400. The Conservation District Act is amended by | ||||||
| 24 | changing Section 15 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 410/15) (from Ch. 96 1/2, par. 7116) | ||||||
| 2 | Sec. 15. (a) Whenever a district does not have sufficient | ||||||
| 3 | money in its treasury to meet all necessary expenses and | ||||||
| 4 | liabilities thereof, it may issue tax anticipation warrants. | ||||||
| 5 | Such issue of tax anticipation warrants shall be subject to | ||||||
| 6 | the provisions of Section 2 of the Warrants and Jurors | ||||||
| 7 | Certificates Act "An Act to provide for the manner of issuing | ||||||
| 8 | warrants upon the treasurer of the State or of any county, | ||||||
| 9 | township, or other municipal corporation or quasi municipal | ||||||
| 10 | corporation, or of any farm drainage district, river district, | ||||||
| 11 | drainage and levee district, fire protection district and | ||||||
| 12 | jurors' certificates", approved June 27, 1913, as now and | ||||||
| 13 | hereafter amended. | ||||||
| 14 | (b) For the purpose of acquisition of real property, or | ||||||
| 15 | rights thereto, a district may incur indebtedness and, as | ||||||
| 16 | evidence of the indebtedness thus created, may issue and sell | ||||||
| 17 | bonds without first obtaining the consent of the legal voters | ||||||
| 18 | of the district. | ||||||
| 19 | (b-5) For the purpose of development of real property, all | ||||||
| 20 | or a portion of which has been acquired with | ||||||
| 21 | referendum-approved bonds, a district located entirely within | ||||||
| 22 | McHenry County may incur indebtedness and, as evidence of the | ||||||
| 23 | indebtedness thus created, may issue and sell bonds without | ||||||
| 24 | first obtaining the consent of the legal voters of the | ||||||
| 25 | district. Development, for the purposes of this subsection | ||||||
| 26 | (b-5), shall mean the improvement or maintenance of existing | ||||||
| |||||||
| |||||||
| 1 | trails, parking lots, bridges, roads, picnic shelters, and | ||||||
| 2 | other improvements, adding or improving access to conservation | ||||||
| 3 | areas or district facilities to comply with the Americans with | ||||||
| 4 | Disabilities Act, demolition of unnecessary or unsafe | ||||||
| 5 | structures, and the stabilization, revitalization, or | ||||||
| 6 | rehabilitation of historic structures. | ||||||
| 7 | (c) For the purpose of development of real property, a | ||||||
| 8 | district may incur indebtedness and, as evidence of the | ||||||
| 9 | indebtedness thus created, may issue and sell bonds only after | ||||||
| 10 | the proposition to issue bonds has been submitted to the legal | ||||||
| 11 | voters of the district at an election and has been approved by | ||||||
| 12 | a majority of those voting on the proposition. Such election | ||||||
| 13 | is subject to Section 15.1 of this Act. | ||||||
| 14 | (d) No district shall become indebted in any manner or for | ||||||
| 15 | any purpose, to any amount including existing indebtedness in | ||||||
| 16 | the aggregate exceeding 0.575% of the value, as equalized or | ||||||
| 17 | assessed by the Department of Revenue, of the taxable property | ||||||
| 18 | therein; except that a district entirely within a county of | ||||||
| 19 | under 750,000 inhabitants and contiguous to a county of more | ||||||
| 20 | than 2,000,000 inhabitants may incur indebtedness, including | ||||||
| 21 | existing indebtedness, in the aggregate not exceeding 1.725% | ||||||
| 22 | of that value if the aggregate indebtedness over 0.575% is | ||||||
| 23 | submitted to the legal voters of the district at an election | ||||||
| 24 | and is approved by a majority of those voting on the | ||||||
| 25 | proposition as provided in Section 15.1. | ||||||
| 26 | The following do not in any way limit the right of a | ||||||
| |||||||
| |||||||
| 1 | district to issue non-referendum bonds under this Section: | ||||||
| 2 | bonds heretofore or hereafter issued and outstanding that are | ||||||
| 3 | approved by referendum, as described in this subsection (d); | ||||||
| 4 | refunding bonds issued to refund or continue to refund bonds | ||||||
| 5 | approved by referendum; and bonds issued under this Section | ||||||
| 6 | that have been paid in full or for which provisions for payment | ||||||
| 7 | have been made by an irrevocable deposit of funds in an amount | ||||||
| 8 | sufficient to pay the principal and interest on those bonds to | ||||||
| 9 | their respective maturity date. | ||||||
| 10 | (e) Before or at the time of issuing bonds as described in | ||||||
| 11 | this Section, the district shall provide by ordinance for the | ||||||
| 12 | collection of an annual tax, in addition to all other taxes | ||||||
| 13 | authorized by this Act act, sufficient to pay such bonds and | ||||||
| 14 | the interest thereon as the same respectively become due. Such | ||||||
| 15 | bonds shall be divided into series, the first of which shall | ||||||
| 16 | mature not later than 5 years after the date of issue and the | ||||||
| 17 | last of which shall mature not later than 25 years after the | ||||||
| 18 | date of issue; shall bear interest at a rate or rates not | ||||||
| 19 | exceeding the maximum rate permitted in the Bond Authorization | ||||||
| 20 | Act "An Act to authorize public corporations to issue bonds, | ||||||
| 21 | other evidences of indebtedness and tax anticipation warrants | ||||||
| 22 | subject to interest rate limitations set forth therein", | ||||||
| 23 | approved May 26, 1970, as now or hereafter amended; shall be in | ||||||
| 24 | such form as the district shall by resolution provide; and | ||||||
| 25 | shall be payable as to both principal and interest from the | ||||||
| 26 | proceeds of the annual levy of taxes authorized to be levied by | ||||||
| |||||||
| |||||||
| 1 | this Section, or so much thereof as will be sufficient to pay | ||||||
| 2 | the principal thereof and the interest thereon. Prior to the | ||||||
| 3 | authorization and issuance of such bonds the district may, | ||||||
| 4 | with or without notice, negotiate and enter into an agreement | ||||||
| 5 | or agreements with any bank, investment banker, trust company, | ||||||
| 6 | or insurance company, or group thereof, whereunder the | ||||||
| 7 | marketing of such bonds may be assured and consummated. The | ||||||
| 8 | proceeds of such bonds shall be deposited in a special fund, to | ||||||
| 9 | be kept separate and apart from all other funds of the | ||||||
| 10 | conservation district. | ||||||
| 11 | (Source: P.A. 98-1168, eff. 6-1-15; revised 7-31-24.)
| ||||||
| 12 | Section 405. The Central Illinois Economic Development | ||||||
| 13 | Authority Act is amended by changing Section 21 as follows:
| ||||||
| 14 | (70 ILCS 504/21) | ||||||
| 15 | Sec. 21. Requests for assistance; disclosure of economic | ||||||
| 16 | interests. | ||||||
| 17 | (a) The Authority may not hear a request for assistance | ||||||
| 18 | from a restricted person. This prohibition extends to business | ||||||
| 19 | relationships between a person who is an Authority leader | ||||||
| 20 | within one year prior to the request for assistance and to any | ||||||
| 21 | entity in which a restricted person holds or, within the past 2 | ||||||
| 22 | years, held an ownership interest of 10% or more. | ||||||
| 23 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 24 | or herself from matters relating to requests for assistance | ||||||
| |||||||
| |||||||
| 1 | from an entity that is relocating full-time employees from | ||||||
| 2 | another Authority's counties if (i) both Authorities contract | ||||||
| 3 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 4 | within the past 2 years of the request, there was a business | ||||||
| 5 | relationship between the Authority leaders at the 2 | ||||||
| 6 | Authorities. | ||||||
| 7 | (c) The Board of the Authority shall vote to renew the | ||||||
| 8 | appointment of the Executive Director and other Authority | ||||||
| 9 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 10 | an annual basis and use a public process to solicit | ||||||
| 11 | applications. This requirement does not apply to full-time | ||||||
| 12 | employees of the Authority unless otherwise required by | ||||||
| 13 | applicable State law or local ordinance. | ||||||
| 14 | (g) Each Authority leader shall submit a statement of | ||||||
| 15 | economic interests interest in accordance with Article 4A of | ||||||
| 16 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 17 | Authority leader shall disclose to the Board outside sources | ||||||
| 18 | of income and any business relationships in economic | ||||||
| 19 | development consulting or lobbying. Reporting shall include | ||||||
| 20 | the source of income, services provided, and timeline of when | ||||||
| 21 | services were provided. If the source of income is a firm or | ||||||
| 22 | organization with multiple clients, the report shall list all | ||||||
| 23 | of the entities for which the individual provided services. | ||||||
| 24 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-31-24.)
| ||||||
| 25 | Section 410. The Eastern Illinois Economic Development | ||||||
| |||||||
| |||||||
| 1 | Authority Act is amended by changing Section 21 as follows:
| ||||||
| 2 | (70 ILCS 506/21) | ||||||
| 3 | Sec. 21. Requests for assistance; disclosure of economic | ||||||
| 4 | interests. | ||||||
| 5 | (a) The Authority may not hear a request for assistance | ||||||
| 6 | from a restricted person. This prohibition extends to business | ||||||
| 7 | relationships between a person who is an Authority leader | ||||||
| 8 | within one year prior to the request for assistance and to any | ||||||
| 9 | entity in which a restricted person holds or, within the past 2 | ||||||
| 10 | years, held an ownership interest of 10% or more. | ||||||
| 11 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 12 | or herself from matters relating to requests for assistance | ||||||
| 13 | from an entity that is relocating full-time employees from | ||||||
| 14 | another Authority's counties if (i) both Authorities contract | ||||||
| 15 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 16 | within the past 2 years of the request, there was a business | ||||||
| 17 | relationship between the Authority leaders at the 2 | ||||||
| 18 | Authorities. | ||||||
| 19 | (c) The Board of the Authority shall vote to renew the | ||||||
| 20 | appointment of the Executive Director and other Authority | ||||||
| 21 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 22 | an annual basis and use a public process to solicit | ||||||
| 23 | applications. This requirement does not apply to full-time | ||||||
| 24 | employees of the Authority unless otherwise required by | ||||||
| 25 | applicable State law or local ordinance. | ||||||
| |||||||
| |||||||
| 1 | (d) Each Authority leader shall submit a statement of | ||||||
| 2 | economic interests interest in accordance with Article 4A of | ||||||
| 3 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 4 | Authority leader shall disclose to the Board outside sources | ||||||
| 5 | of income and any business relationships in economic | ||||||
| 6 | development consulting or lobbying. Reporting shall include | ||||||
| 7 | the source of income, services provided, and timeline of when | ||||||
| 8 | services were provided. If the source of income is a firm or | ||||||
| 9 | organization with multiple clients, the report shall list all | ||||||
| 10 | of the entities for which the individual provided services. | ||||||
| 11 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-31-24.)
| ||||||
| 12 | Section 415. The Joliet Arsenal Development Authority Act | ||||||
| 13 | is amended by changing Section 21 as follows:
| ||||||
| 14 | (70 ILCS 508/21) | ||||||
| 15 | Sec. 21. Requests for assistance; disclosure of economic | ||||||
| 16 | interests. | ||||||
| 17 | (a) The Authority may not hear a request for assistance | ||||||
| 18 | from a restricted person. This prohibition extends to business | ||||||
| 19 | relationships between a person who is an Authority leader | ||||||
| 20 | within one year prior to the request for assistance and to any | ||||||
| 21 | entity in which a restricted person holds or, within the past 2 | ||||||
| 22 | years, held an ownership interest of 10% or more. | ||||||
| 23 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 24 | or herself from matters relating to requests for assistance | ||||||
| |||||||
| |||||||
| 1 | from an entity that is relocating full-time employees from | ||||||
| 2 | another Authority's counties if (i) both Authorities contract | ||||||
| 3 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 4 | within the past 2 years of the request, there was a business | ||||||
| 5 | relationship between the Authority leaders at the 2 | ||||||
| 6 | Authorities. | ||||||
| 7 | (c) The Board of the Authority shall vote to renew the | ||||||
| 8 | appointment of the Executive Director and other Authority | ||||||
| 9 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 10 | an annual basis and use a public process to solicit | ||||||
| 11 | applications. This requirement does not apply to full-time | ||||||
| 12 | employees of the Authority unless otherwise required by | ||||||
| 13 | applicable State law or local ordinance. | ||||||
| 14 | (d) Each Authority leader shall submit a statement of | ||||||
| 15 | economic interests interest in accordance with Article 4A of | ||||||
| 16 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 17 | Authority leader shall disclose to the Board outside sources | ||||||
| 18 | of income and any business relationships in economic | ||||||
| 19 | development consulting or lobbying. Reporting shall include | ||||||
| 20 | the source of income, services provided, and timeline of when | ||||||
| 21 | services were provided. If the source of income is a firm or | ||||||
| 22 | organization with multiple clients, the report shall list all | ||||||
| 23 | of the entities for which the individual provided services. | ||||||
| 24 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-29-24.)
| ||||||
| 25 | Section 420. The Quad Cities Regional Economic Development | ||||||
| |||||||
| |||||||
| 1 | Authority Act, approved September 22, 1987 is amended by | ||||||
| 2 | changing Section 5 as follows:
| ||||||
| 3 | (70 ILCS 510/5) (from Ch. 85, par. 6205) | ||||||
| 4 | Sec. 5. Conflicts of interest; requests for assistance; | ||||||
| 5 | disclosure of economic interests. | ||||||
| 6 | (a) No member of the Authority or officer, agent, or | ||||||
| 7 | employee thereof other than the representatives of a | ||||||
| 8 | professional sports team shall, in his or her own name or in | ||||||
| 9 | the name of a nominee, be an officer, director, or hold an | ||||||
| 10 | ownership interest of more than 7-1/2% in any person, | ||||||
| 11 | association, trust, corporation, partnership, or other entity | ||||||
| 12 | which is, in its own name or in the name of a nominee, a party | ||||||
| 13 | to a contract or agreement upon which the member or officer, | ||||||
| 14 | agent, or employee may be called upon to act or vote. | ||||||
| 15 | (b) With respect to any direct or any indirect interest, | ||||||
| 16 | other than an interest prohibited in subsection (a), in a | ||||||
| 17 | contract or agreement upon which the member or officer, agent, | ||||||
| 18 | or employee may be called upon to act or vote, a member of the | ||||||
| 19 | Authority or officer, agent, or employee thereof shall | ||||||
| 20 | disclose the same to the secretary of the Authority prior to | ||||||
| 21 | the taking of final action by the Authority concerning such | ||||||
| 22 | contract or agreement and shall so disclose the nature and | ||||||
| 23 | extent of such interest and his or her acquisition thereof, | ||||||
| 24 | which disclosures shall be publicly acknowledged by the | ||||||
| 25 | Authority and entered upon the minutes of the Authority. If a | ||||||
| |||||||
| |||||||
| 1 | member of the Authority or officer, agent, or employee thereof | ||||||
| 2 | holds such an interest, then he or she shall refrain from any | ||||||
| 3 | further official involvement in regard to such contract or | ||||||
| 4 | agreement, from voting on any matter pertaining to such | ||||||
| 5 | contract or agreement, and from communicating with other | ||||||
| 6 | members of the Authority or its officers, agents, and | ||||||
| 7 | employees concerning said contract or agreement. | ||||||
| 8 | Notwithstanding any other provision of law, any contract or | ||||||
| 9 | agreement entered into in conformity with this subsection (b) | ||||||
| 10 | shall not be void or invalid by reason of the interest | ||||||
| 11 | described in this subsection, nor shall any person so | ||||||
| 12 | disclosing the interest and refraining from further official | ||||||
| 13 | involvement as provided in this subsection be guilty of an | ||||||
| 14 | offense, be removed from office, or be subject to any other | ||||||
| 15 | penalty on account of such interest. | ||||||
| 16 | (c) Any contract or agreement made in violation of | ||||||
| 17 | subsection (a) or (b) of this Section shall be null and void | ||||||
| 18 | and give rise to no action against the Authority. No real | ||||||
| 19 | estate to which a member or employee of the Authority holds | ||||||
| 20 | legal title or in which such person has any beneficial | ||||||
| 21 | interest, including any interest in a land trust, shall be | ||||||
| 22 | purchased by the Authority or by a nonprofit corporation or | ||||||
| 23 | limited-profit entity for a development to be financed under | ||||||
| 24 | this Act. All members and employees of the Authority shall | ||||||
| 25 | file annually with the Authority a record of all real estate in | ||||||
| 26 | this State of which such person holds legal title or in which | ||||||
| |||||||
| |||||||
| 1 | such person has any beneficial interest, including any | ||||||
| 2 | interest in a land trust. In the event it is later disclosed | ||||||
| 3 | that the Authority has purchased real estate in which a member | ||||||
| 4 | or employee had an interest, such purchase shall be voidable | ||||||
| 5 | by the Authority and the member or employee involved shall be | ||||||
| 6 | disqualified from membership in or employment by the | ||||||
| 7 | Authority. | ||||||
| 8 | (d) The Authority may not hear a request for assistance | ||||||
| 9 | from a restricted person. This prohibition extends to business | ||||||
| 10 | relationships between a person who is an Authority leader | ||||||
| 11 | within one year prior to the request for assistance and to any | ||||||
| 12 | entity in which a restricted person holds or, within the past 2 | ||||||
| 13 | years, held an ownership interest of 10% or more. | ||||||
| 14 | (e) An Authority leader shall disclose and recuse himself | ||||||
| 15 | or herself from matters relating to requests for assistance | ||||||
| 16 | from an entity that is relocating full-time employees from | ||||||
| 17 | another Authority's counties if (i) both Authorities contract | ||||||
| 18 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 19 | within the past 2 years of the request, there was a business | ||||||
| 20 | relationship between the Authority leaders at the 2 | ||||||
| 21 | Authorities. | ||||||
| 22 | (f) The Board of the Authority shall vote to renew the | ||||||
| 23 | appointment of the Executive Director and other Authority | ||||||
| 24 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 25 | an annual basis and use a public process to solicit | ||||||
| 26 | applications. This requirement does not apply to full-time | ||||||
| |||||||
| |||||||
| 1 | employees of the Authority unless otherwise required by | ||||||
| 2 | applicable State law or local ordinance. | ||||||
| 3 | (g) Each Authority leader shall submit a statement of | ||||||
| 4 | economic interests interest in accordance with Article 4A of | ||||||
| 5 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 6 | Authority leader shall disclose to the Board outside sources | ||||||
| 7 | of income and any business relationships in economic | ||||||
| 8 | development consulting or lobbying. Reporting shall include | ||||||
| 9 | the source of income, services provided, and timeline of when | ||||||
| 10 | services were provided. If the source of income is a firm or | ||||||
| 11 | organization with multiple clients, the report shall list all | ||||||
| 12 | of the entities for which the individual provided services. | ||||||
| 13 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-29-24.)
| ||||||
| 14 | Section 425. The Riverdale Development Authority Act is | ||||||
| 15 | amended by changing Section 21 as follows:
| ||||||
| 16 | (70 ILCS 516/21) | ||||||
| 17 | Sec. 21. Requests for assistance; disclosure of economic | ||||||
| 18 | interests. | ||||||
| 19 | (a) The Authority may not hear a request for assistance | ||||||
| 20 | from a restricted person. This prohibition extends to business | ||||||
| 21 | relationships between a person who is an Authority leader | ||||||
| 22 | within one year prior to the request for assistance and to any | ||||||
| 23 | entity in which a restricted person holds or, within the past 2 | ||||||
| 24 | years, held an ownership interest of 10% or more. | ||||||
| |||||||
| |||||||
| 1 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 2 | or herself from matters relating to requests for assistance | ||||||
| 3 | from an entity that is relocating full-time employees from | ||||||
| 4 | another Authority's counties if (i) both Authorities contract | ||||||
| 5 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 6 | within the past 2 years of the request, there was a business | ||||||
| 7 | relationship between the Authority leaders at the 2 | ||||||
| 8 | Authorities. | ||||||
| 9 | (c) The Board of the Authority shall vote to renew the | ||||||
| 10 | appointment of the Executive Director and other Authority | ||||||
| 11 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 12 | an annual basis and use a public process to solicit | ||||||
| 13 | applications. This requirement does not apply to full-time | ||||||
| 14 | employees of the Authority unless otherwise required by | ||||||
| 15 | applicable State law or local ordinance. | ||||||
| 16 | (d) Each Authority leader shall submit a statement of | ||||||
| 17 | economic interests interest in accordance with Article 4A of | ||||||
| 18 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 19 | Authority leader shall disclose to the Board outside sources | ||||||
| 20 | of income and any business relationships in economic | ||||||
| 21 | development consulting or lobbying. Reporting shall include | ||||||
| 22 | the source of income, services provided, and timeline of when | ||||||
| 23 | services were provided. If the source of income is a firm or | ||||||
| 24 | organization with multiple clients, the report shall list all | ||||||
| 25 | of the entities for which the individual provided services. | ||||||
| 26 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-29-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 430. The Southeastern Illinois Economic | ||||||
| 2 | Development Authority Act is amended by changing Section 26 as | ||||||
| 3 | follows:
| ||||||
| 4 | (70 ILCS 518/26) | ||||||
| 5 | Sec. 26. Requests for assistance; disclosure of economic | ||||||
| 6 | interests. | ||||||
| 7 | (a) The Authority may not hear a request for assistance | ||||||
| 8 | from a restricted person. This prohibition extends to business | ||||||
| 9 | relationships between a person who is an Authority leader | ||||||
| 10 | within one year prior to the request for assistance and to any | ||||||
| 11 | entity in which a restricted person holds or, within the past 2 | ||||||
| 12 | years, held an ownership interest of 10% or more. | ||||||
| 13 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 14 | or herself from matters relating to requests for assistance | ||||||
| 15 | from an entity that is relocating full-time employees from | ||||||
| 16 | another Authority's counties if (i) both Authorities contract | ||||||
| 17 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 18 | within the past 2 years of the request, there was a business | ||||||
| 19 | relationship between the Authority leaders at the 2 | ||||||
| 20 | Authorities. | ||||||
| 21 | (c) The Board of the Authority shall vote to renew the | ||||||
| 22 | appointment of the Executive Director and other Authority | ||||||
| 23 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 24 | an annual basis and use a public process to solicit | ||||||
| |||||||
| |||||||
| 1 | applications. This requirement does not apply to full-time | ||||||
| 2 | employees of the Authority unless otherwise required by | ||||||
| 3 | applicable State law or local ordinance. | ||||||
| 4 | (d) Each Authority leader shall submit a statement of | ||||||
| 5 | economic interests interest in accordance with Article 4A of | ||||||
| 6 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 7 | Authority leader shall disclose to the Board outside sources | ||||||
| 8 | of income and any business relationships in economic | ||||||
| 9 | development consulting or lobbying. Reporting shall include | ||||||
| 10 | the source of income, services provided, and timeline of when | ||||||
| 11 | services were provided. If the source of income is a firm or | ||||||
| 12 | organization with multiple clients, the report shall list all | ||||||
| 13 | of the entities for which the individual provided services. | ||||||
| 14 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-29-24.)
| ||||||
| 15 | Section 435. The Southern Illinois Economic Development | ||||||
| 16 | Authority Act is amended by changing Section 5-26 as follows:
| ||||||
| 17 | (70 ILCS 519/5-26) | ||||||
| 18 | Sec. 5-26. Requests for assistance; disclosure of economic | ||||||
| 19 | interests. | ||||||
| 20 | (a) The Authority may not hear a request for assistance | ||||||
| 21 | from a restricted person. This prohibition extends to business | ||||||
| 22 | relationships between a person who is an Authority leader | ||||||
| 23 | within one year prior to the request for assistance and to any | ||||||
| 24 | entity in which a restricted person holds or, within the past 2 | ||||||
| |||||||
| |||||||
| 1 | years, held an ownership interest of 10% or more. | ||||||
| 2 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 3 | or herself from matters relating to requests for assistance | ||||||
| 4 | from an entity that is relocating full-time employees from | ||||||
| 5 | another Authority's counties if (i) both Authorities contract | ||||||
| 6 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 7 | within the past 2 years of the request, there was a business | ||||||
| 8 | relationship between the Authority leaders at the 2 | ||||||
| 9 | Authorities. | ||||||
| 10 | (c) The Board of the Authority shall vote to renew the | ||||||
| 11 | appointment of the Executive Director and other Authority | ||||||
| 12 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 13 | an annual basis and use a public process to solicit | ||||||
| 14 | applications. This requirement does not apply to full-time | ||||||
| 15 | employees of the Authority unless otherwise required by | ||||||
| 16 | applicable State law or local ordinance. | ||||||
| 17 | (d) Each Authority leader shall submit a statement of | ||||||
| 18 | economic interests interest in accordance with Article 4A of | ||||||
| 19 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 20 | Authority leader shall disclose to the Board outside sources | ||||||
| 21 | of income and any business relationships in economic | ||||||
| 22 | development consulting or lobbying. Reporting shall include | ||||||
| 23 | the source of income, services provided, and timeline of when | ||||||
| 24 | services were provided. If the source of income is a firm or | ||||||
| 25 | organization with multiple clients, the report shall list all | ||||||
| 26 | of the entities for which the individual provided services. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-30-24.)
| ||||||
| 2 | Section 440. The Southwestern Illinois Development | ||||||
| 3 | Authority Act is amended by changing Section 11.1 as follows:
| ||||||
| 4 | (70 ILCS 520/11.1) (from Ch. 85, par. 6161.1) | ||||||
| 5 | Sec. 11.1. (a) No member of the Authority or officer, | ||||||
| 6 | agent, or employee of the Authority shall, in his or her own | ||||||
| 7 | name or in the name of a nominee, be an officer or director of | ||||||
| 8 | or hold an ownership of more than 7.5% in any person, | ||||||
| 9 | association, trust, corporation, partnership, or other entity | ||||||
| 10 | that is, in its own name or in the name of a nominee, a party | ||||||
| 11 | to a contract or agreement upon which the member, officer, | ||||||
| 12 | agent, or employee may be called upon to act or vote. | ||||||
| 13 | (b) With respect to any direct or any indirect interest, | ||||||
| 14 | other than an interest prohibited in subsection (a), in a | ||||||
| 15 | contract or agreement upon which the member, officer, agent, | ||||||
| 16 | or employee may be called upon to act or vote, the member, | ||||||
| 17 | officer, agent, or employee shall disclose that interest to | ||||||
| 18 | the secretary of the Authority before the taking of final | ||||||
| 19 | action by the Authority concerning that contract or agreement | ||||||
| 20 | and shall also disclose the nature and extent of that interest | ||||||
| 21 | and his or her acquisition of that interest, which disclosures | ||||||
| 22 | shall be publicly acknowledged by the Authority and entered | ||||||
| 23 | upon the minutes of the Authority. If a member of the Authority | ||||||
| 24 | or an officer, agent, or employee of the Authority holds such | ||||||
| |||||||
| |||||||
| 1 | an interest, then he or she shall refrain from any further | ||||||
| 2 | official involvement in regard to the contract or agreement, | ||||||
| 3 | from voting on any matter pertaining to the contract or | ||||||
| 4 | agreement, and from communicating with other members of the | ||||||
| 5 | Authority or its officers, agents, and employees concerning | ||||||
| 6 | the contract or agreement. Notwithstanding any other provision | ||||||
| 7 | of law, any contract or agreement entered into in conformity | ||||||
| 8 | with this subsection (b) shall not be void or invalid by reason | ||||||
| 9 | of an interest described in this subsection, nor shall any | ||||||
| 10 | person so disclosing the interest and refraining from further | ||||||
| 11 | official involvement as provided in this subsection be guilty | ||||||
| 12 | of an offense, be removed from office, or be subject to any | ||||||
| 13 | other penalty on account of that interest. | ||||||
| 14 | (c) Any contract or agreement made in violation of | ||||||
| 15 | subsection (a) or (b) is void and gives rise to no action | ||||||
| 16 | against the Authority. | ||||||
| 17 | (d) The Authority may not hear a request for assistance | ||||||
| 18 | from a restricted person. This prohibition extends to business | ||||||
| 19 | relationships between a person who is an Authority leader | ||||||
| 20 | within one year prior to the request for assistance and to any | ||||||
| 21 | entity in which a restricted person holds or, within the past 2 | ||||||
| 22 | years, held an ownership interest of 10% or more. | ||||||
| 23 | (e) An Authority leader shall disclose and recuse himself | ||||||
| 24 | or herself from matters relating to requests for assistance | ||||||
| 25 | from an entity that is relocating full-time employees from | ||||||
| 26 | another Authority's counties if (i) both Authorities contract | ||||||
| |||||||
| |||||||
| 1 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 2 | within the past 2 years of the request, there was a business | ||||||
| 3 | relationship between the Authority leaders at the 2 | ||||||
| 4 | Authorities. | ||||||
| 5 | (f) The Board of the Authority shall vote to renew the | ||||||
| 6 | appointment of the Executive Director and other Authority | ||||||
| 7 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 8 | an annual basis and use a public process to solicit | ||||||
| 9 | applications. This requirement does not apply to full-time | ||||||
| 10 | employees of the Authority unless otherwise required by | ||||||
| 11 | applicable State law or local ordinance. | ||||||
| 12 | (g) Each Authority leader shall submit a statement of | ||||||
| 13 | economic interests interest in accordance with Article 4A of | ||||||
| 14 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 15 | Authority leader shall disclose to the Board outside sources | ||||||
| 16 | of income and any business relationships in economic | ||||||
| 17 | development consulting or lobbying. Reporting shall include | ||||||
| 18 | the source of income, services provided, and timeline of when | ||||||
| 19 | services were provided. If the source of income is a firm or | ||||||
| 20 | organization with multiple clients, the report shall list all | ||||||
| 21 | of the entities for which the individual provided services. | ||||||
| 22 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-30-24.)
| ||||||
| 23 | Section 445. The Tri-County River Valley Development | ||||||
| 24 | Authority Law is amended by changing Section 2005.1 as | ||||||
| 25 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 525/2005.1) | ||||||
| 2 | Sec. 2005.1. Requests for assistance; disclosure of | ||||||
| 3 | economic interests. | ||||||
| 4 | (a) The Authority may not hear a request for assistance | ||||||
| 5 | from a restricted person. This prohibition extends to business | ||||||
| 6 | relationships between a person who is an Authority leader | ||||||
| 7 | within one year prior to the request for assistance and to any | ||||||
| 8 | entity in which a restricted person holds or, within the past 2 | ||||||
| 9 | years, held an ownership interest of 10% or more. | ||||||
| 10 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 11 | or herself from matters relating to requests for assistance | ||||||
| 12 | from an entity that is relocating full-time employees from | ||||||
| 13 | another Authority's counties if (i) both Authorities contract | ||||||
| 14 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 15 | within the past 2 years of the request, there was a business | ||||||
| 16 | relationship between the Authority leaders at the 2 | ||||||
| 17 | Authorities. | ||||||
| 18 | (c) The Board of the Authority shall vote to renew the | ||||||
| 19 | appointment of the Executive Director and other Authority | ||||||
| 20 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 21 | an annual basis and use a public process to solicit | ||||||
| 22 | applications. This requirement does not apply to full-time | ||||||
| 23 | employees of the Authority unless otherwise required by | ||||||
| 24 | applicable State law or local ordinance. | ||||||
| 25 | (d) Each Authority leader shall submit a statement of | ||||||
| |||||||
| |||||||
| 1 | economic interests interest in accordance with Article 4A of | ||||||
| 2 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 3 | Authority leader shall disclose to the Board outside sources | ||||||
| 4 | of income and any business relationships in economic | ||||||
| 5 | development consulting or lobbying. Reporting shall include | ||||||
| 6 | the source of income, services provided, and timeline of when | ||||||
| 7 | services were provided. If the source of income is a firm or | ||||||
| 8 | organization with multiple clients, the report shall list all | ||||||
| 9 | of the entities for which the individual provided services. | ||||||
| 10 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-30-24.)
| ||||||
| 11 | Section 450. The Upper Illinois River Valley Development | ||||||
| 12 | Authority Act is amended by changing Sections 5.1 and 7 as | ||||||
| 13 | follows:
| ||||||
| 14 | (70 ILCS 530/5.1) | ||||||
| 15 | Sec. 5.1. Requests for assistance; disclosure of economic | ||||||
| 16 | interests. | ||||||
| 17 | (a) The Authority may not hear a request for assistance | ||||||
| 18 | from a restricted person. This prohibition extends to business | ||||||
| 19 | relationships between a person who is an Authority leader | ||||||
| 20 | within one year prior to the request for assistance and to any | ||||||
| 21 | entity in which a restricted person holds or, within the past 2 | ||||||
| 22 | years, held an ownership interest of 10% or more. | ||||||
| 23 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 24 | or herself from matters relating to requests for assistance | ||||||
| |||||||
| |||||||
| 1 | from an entity that is relocating full-time employees from | ||||||
| 2 | another Authority's counties if (i) both Authorities contract | ||||||
| 3 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 4 | within the past 2 years of the request, there was a business | ||||||
| 5 | relationship between the Authority leaders at the 2 | ||||||
| 6 | Authorities. | ||||||
| 7 | (c) The Board of the Authority shall vote to renew the | ||||||
| 8 | appointment of the Executive Director and other Authority | ||||||
| 9 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 10 | an annual basis and use a public process to solicit | ||||||
| 11 | applications. This requirement does not apply to full-time | ||||||
| 12 | employees of the Authority unless otherwise required by | ||||||
| 13 | applicable State law or local ordinance. | ||||||
| 14 | (d) Each Authority leader shall submit a statement of | ||||||
| 15 | economic interests interest in accordance with Article 4A of | ||||||
| 16 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 17 | Authority leader shall disclose to the Board outside sources | ||||||
| 18 | of income and any business relationships in economic | ||||||
| 19 | development consulting or lobbying. Reporting shall include | ||||||
| 20 | the source of income, services provided, and timeline of when | ||||||
| 21 | services were provided. If the source of income is a firm or | ||||||
| 22 | organization with multiple clients, the report shall list all | ||||||
| 23 | of the entities for which the individual provided services. | ||||||
| 24 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-30-24.)
| ||||||
| 25 | (70 ILCS 530/7) (from Ch. 85, par. 7157) | ||||||
| |||||||
| |||||||
| 1 | Sec. 7. Bonds. | ||||||
| 2 | (a) The Authority, with the written approval of the | ||||||
| 3 | Governor, shall have the continuing power to issue bonds, | ||||||
| 4 | notes, or other evidences of indebtedness in an aggregate | ||||||
| 5 | amount outstanding not to exceed $500,000,000 for the purpose | ||||||
| 6 | of developing, constructing, acquiring, or improving projects, | ||||||
| 7 | including those established by business entities locating or | ||||||
| 8 | expanding property within the territorial jurisdiction of the | ||||||
| 9 | Authority, for entering into venture capital agreements with | ||||||
| 10 | businesses locating or expanding within the territorial | ||||||
| 11 | jurisdiction of the Authority, for acquiring and improving any | ||||||
| 12 | property necessary and useful in connection therewith and for | ||||||
| 13 | the purposes of the Employee Ownership Assistance Act. For the | ||||||
| 14 | purpose of evidencing the obligations of the Authority to | ||||||
| 15 | repay any money borrowed, the Authority may, pursuant to | ||||||
| 16 | resolution, from time to time issue and dispose of its | ||||||
| 17 | interest bearing revenue bonds, notes, or other evidences of | ||||||
| 18 | indebtedness and may also from time to time issue and dispose | ||||||
| 19 | of such bonds, notes, or other evidences of indebtedness to | ||||||
| 20 | refund, at maturity, at a redemption date or in advance of | ||||||
| 21 | either, any bonds, notes, or other evidences of indebtedness | ||||||
| 22 | pursuant to redemption provisions or at any time before | ||||||
| 23 | maturity. All such bonds, notes, or other evidences of | ||||||
| 24 | indebtedness shall be payable solely and only from the | ||||||
| 25 | revenues or income to be derived from loans made with respect | ||||||
| 26 | to projects, from the leasing or sale of the projects or from | ||||||
| |||||||
| |||||||
| 1 | any other funds available to the Authority for such purposes. | ||||||
| 2 | The bonds, notes, or other evidences of indebtedness may bear | ||||||
| 3 | such date or dates, may mature at such time or times not | ||||||
| 4 | exceeding 40 years from their respective dates, may bear | ||||||
| 5 | interest at such rate or rates not exceeding the maximum rate | ||||||
| 6 | permitted by the Bond Authorization Act "An Act to authorize | ||||||
| 7 | public corporations to issue bonds, other evidences of | ||||||
| 8 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 9 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 10 | amended, may be in such form, may carry such registration | ||||||
| 11 | privileges, may be executed in such manner, may be payable at | ||||||
| 12 | such place or places, may be made subject to redemption in such | ||||||
| 13 | manner and upon such terms, with or without premium as is | ||||||
| 14 | stated on the face thereof, may be authenticated in such | ||||||
| 15 | manner, and may contain such terms and covenants as may be | ||||||
| 16 | provided by an applicable resolution. | ||||||
| 17 | (b-1) The holder or holders of any bonds, notes, or other | ||||||
| 18 | evidences of indebtedness issued by the Authority may bring | ||||||
| 19 | suits at law or proceedings in equity to compel the | ||||||
| 20 | performance and observance by any corporation or person or by | ||||||
| 21 | the Authority or any of its agents or employees of any contract | ||||||
| 22 | or covenant made with the holders of such bonds, notes, or | ||||||
| 23 | other evidences of indebtedness, to compel such corporation, | ||||||
| 24 | person, the Authority and any of its agents or employees to | ||||||
| 25 | perform any duties required to be performed for the benefit of | ||||||
| 26 | the holders of any such bonds, notes, or other evidences of | ||||||
| |||||||
| |||||||
| 1 | indebtedness by the provision of the resolution authorizing | ||||||
| 2 | their issuance and to enjoin such corporation, person, the | ||||||
| 3 | Authority and any of its agents or employees from taking any | ||||||
| 4 | action in conflict with any such contract or covenant. | ||||||
| 5 | (b-2) If the Authority fails to pay the principal of or | ||||||
| 6 | interest on any of the bonds or premium, if any, as the same | ||||||
| 7 | become due, a civil action to compel payment may be instituted | ||||||
| 8 | in the appropriate circuit court by the holder or holders of | ||||||
| 9 | the bonds on which such default of payment exists or by an | ||||||
| 10 | indenture trustee acting on behalf of such holders. Delivery | ||||||
| 11 | of a summons and a copy of the complaint to the Chairman of the | ||||||
| 12 | Board shall constitute sufficient service to give the circuit | ||||||
| 13 | court jurisdiction of the subject matter of such a suit and | ||||||
| 14 | jurisdiction over the Authority and its officers named as | ||||||
| 15 | defendants for the purpose of compelling such payment. Any | ||||||
| 16 | case, controversy, or cause of action concerning the validity | ||||||
| 17 | of this Act relates to the revenue of the State of Illinois. | ||||||
| 18 | (c) Notwithstanding the form and tenor of any such bonds, | ||||||
| 19 | notes, or other evidences of indebtedness and in the absence | ||||||
| 20 | of any express recital on the face thereof that it is | ||||||
| 21 | non-negotiable, all such bonds, notes, and other evidences of | ||||||
| 22 | indebtedness shall be negotiable instruments. Pending the | ||||||
| 23 | preparation and execution of any such bonds, notes, or other | ||||||
| 24 | evidences of indebtedness, temporary bonds, notes, or | ||||||
| 25 | evidences of indebtedness may be issued as provided by | ||||||
| 26 | ordinance. | ||||||
| |||||||
| |||||||
| 1 | (d) To secure the payment of any or all of such bonds, | ||||||
| 2 | notes, or other evidences of indebtedness, the revenues to be | ||||||
| 3 | received by the Authority from a lease agreement or loan | ||||||
| 4 | agreement shall be pledged, and, for the purpose of setting | ||||||
| 5 | forth the covenants and undertakings of the Authority in | ||||||
| 6 | connection with the issuance thereof and the issuance of any | ||||||
| 7 | additional bonds, notes, or other evidences of indebtedness | ||||||
| 8 | payable from such revenues, income, or other funds to be | ||||||
| 9 | derived from projects, the Authority may execute and deliver a | ||||||
| 10 | mortgage or trust agreement. A remedy for any breach or | ||||||
| 11 | default of the terms of any such mortgage or trust agreement by | ||||||
| 12 | the Authority may be by mandamus proceedings in the | ||||||
| 13 | appropriate circuit court to compel the performance and | ||||||
| 14 | compliance therewith, but the trust agreement may prescribe by | ||||||
| 15 | whom or on whose behalf such action may be instituted. | ||||||
| 16 | (e) Such bonds or notes shall be secured as provided in the | ||||||
| 17 | authorizing ordinance which may, notwithstanding any other | ||||||
| 18 | provision of this Act, include in addition to any other | ||||||
| 19 | security a specific pledge or assignment of and lien on or | ||||||
| 20 | security interest in any or all revenues or money of the | ||||||
| 21 | Authority from whatever source which may by law be used for | ||||||
| 22 | debt service purposes and a specific pledge or assignment of | ||||||
| 23 | and lien on or security interest in any funds or accounts | ||||||
| 24 | established or provided for by ordinance of the Authority | ||||||
| 25 | authorizing the issuance of such bonds or notes. | ||||||
| 26 | (f) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (g) The State of Illinois pledges to and agrees with the | ||||||
| 2 | holders of the bonds and notes of the Authority issued | ||||||
| 3 | pursuant to this Section that the State will not limit or alter | ||||||
| 4 | the rights and powers vested in the Authority by this Act so as | ||||||
| 5 | to impair the terms of any contract made by the Authority with | ||||||
| 6 | such holders or in any way impair the rights and remedies of | ||||||
| 7 | such holders until such bonds and notes, together with | ||||||
| 8 | interest thereon, with interest on any unpaid installments of | ||||||
| 9 | interest, and all costs and expenses in connection with any | ||||||
| 10 | action or proceedings by or on behalf of such holders, are | ||||||
| 11 | fully met and discharged. In addition, the State pledges to | ||||||
| 12 | and agrees with the holders of the bonds and notes of the | ||||||
| 13 | Authority issued pursuant to this Section that the State will | ||||||
| 14 | not limit or alter the basis on which State funds are to be | ||||||
| 15 | paid to the Authority as provided in this Act, or the use of | ||||||
| 16 | such funds, so as to impair the terms of any such contract. The | ||||||
| 17 | Authority is authorized to include these pledges and | ||||||
| 18 | agreements of the State in any contract with the holders of | ||||||
| 19 | bonds or notes issued pursuant to this Section. | ||||||
| 20 | (h) (Blank). | ||||||
| 21 | (Source: P.A. 98-750, eff. 1-1-15; 99-499, eff. 1-29-16; | ||||||
| 22 | revised 7-30-24.)
| ||||||
| 23 | Section 455. The Illinois Urban Development Authority Act | ||||||
| 24 | is amended by changing Section 5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 531/5) | ||||||
| 2 | Sec. 5. Conflicts of interest; requests for assistance; | ||||||
| 3 | disclosure of economic interests. | ||||||
| 4 | (a) No member of the Authority or officer, agent, or | ||||||
| 5 | employee thereof shall, in the member's own name or in the name | ||||||
| 6 | of a nominee, be an officer, director, or hold an ownership | ||||||
| 7 | interest in any person, association, trust, corporation, | ||||||
| 8 | partnership, or other entity which is, in its own name or in | ||||||
| 9 | the name of a nominee, a party to a contract or agreement upon | ||||||
| 10 | which the member or officer, agent, or employee may be called | ||||||
| 11 | upon to act or vote. | ||||||
| 12 | (b) With respect to any direct or any indirect interest, | ||||||
| 13 | other than an interest prohibited in subsection (a), in a | ||||||
| 14 | contract or agreement upon which the member or officer, agent, | ||||||
| 15 | or employee may be called upon to act or vote, a member of the | ||||||
| 16 | Authority or officer, agent, or employee thereof must disclose | ||||||
| 17 | the interest to the secretary of the Authority prior to the | ||||||
| 18 | taking of final action by the Authority concerning the | ||||||
| 19 | contract or agreement and shall disclose the nature and extent | ||||||
| 20 | of the interest and his or her acquisition thereof, which | ||||||
| 21 | shall be publicly acknowledged by the Authority and entered | ||||||
| 22 | upon the minutes of the Authority. If a member of the Authority | ||||||
| 23 | or officer, agent, or employee thereof holds such an interest | ||||||
| 24 | then the member shall refrain from any further official | ||||||
| 25 | involvement in regard to the contract or agreement, from | ||||||
| 26 | voting on any matter pertaining to the contract or agreement, | ||||||
| |||||||
| |||||||
| 1 | and from communicating with other members of the Authority or | ||||||
| 2 | its officers, agents, and employees concerning the contract or | ||||||
| 3 | agreement. Notwithstanding any other provision of law, any | ||||||
| 4 | contract or agreement entered into in conformity with this | ||||||
| 5 | subsection shall not be void or invalid by reason of the | ||||||
| 6 | interest described in this subsection, nor shall any person | ||||||
| 7 | disclosing an interest and refraining from further official | ||||||
| 8 | involvement as provided in this subsection be guilty of an | ||||||
| 9 | offense, be removed from office, or be subject to any other | ||||||
| 10 | penalty on account of the interest. | ||||||
| 11 | (c) Any contract or agreement made in violation of | ||||||
| 12 | subsection subsections (a) or (b) shall be null and void, | ||||||
| 13 | whether or not the contract performance has been authorized, | ||||||
| 14 | and shall give rise to no action against the Authority. No real | ||||||
| 15 | estate to which a member or employee of the Authority holds | ||||||
| 16 | legal title or in which a member or employee of the Authority | ||||||
| 17 | has any beneficial interest, including any interest in a land | ||||||
| 18 | trust, shall be purchased by the Authority or by a nonprofit | ||||||
| 19 | corporation or limited-profit entity for a development to be | ||||||
| 20 | financed under this Act. | ||||||
| 21 | All members and employees of the Authority shall file | ||||||
| 22 | annually with the Authority a record of all real estate in this | ||||||
| 23 | State to which the member or employee holds legal title or in | ||||||
| 24 | which the member or employee has any beneficial interest, | ||||||
| 25 | including any interest in a land trust. In the event it is | ||||||
| 26 | later disclosed that the Authority has purchased real estate | ||||||
| |||||||
| |||||||
| 1 | in which a member or employee had an interest, that purchase | ||||||
| 2 | shall be voidable by the Authority and the member or employee | ||||||
| 3 | involved shall be disqualified from membership in or | ||||||
| 4 | employment by the Authority. | ||||||
| 5 | (d) The Authority may not hear a request for assistance | ||||||
| 6 | from a restricted person. This prohibition extends to business | ||||||
| 7 | relationships between a person who is an Authority leader | ||||||
| 8 | within one year prior to the request for assistance and to any | ||||||
| 9 | entity in which a restricted person holds or, within the past 2 | ||||||
| 10 | years, held an ownership interest of 10% or more. | ||||||
| 11 | (e) An Authority leader shall disclose and recuse himself | ||||||
| 12 | or herself from matters relating to requests for assistance | ||||||
| 13 | from an entity that is relocating full-time employees from | ||||||
| 14 | another Authority's counties if (i) both Authorities contract | ||||||
| 15 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 16 | within the past 2 years of the request, there was a business | ||||||
| 17 | relationship between the Authority leaders at the 2 | ||||||
| 18 | Authorities. | ||||||
| 19 | (f) The Board of the Authority shall vote to renew the | ||||||
| 20 | appointment of the Executive Director and other Authority | ||||||
| 21 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 22 | an annual basis and use a public process to solicit | ||||||
| 23 | applications. This requirement does not apply to full-time | ||||||
| 24 | employees of the Authority unless otherwise required by | ||||||
| 25 | applicable State law or local ordinance. | ||||||
| 26 | (g) Each Authority leader shall submit a statement of | ||||||
| |||||||
| |||||||
| 1 | economic interests interest in accordance with Article 4A of | ||||||
| 2 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 3 | Authority leader shall disclose to the Board outside sources | ||||||
| 4 | of income and any business relationships in economic | ||||||
| 5 | development consulting or lobbying. Reporting shall include | ||||||
| 6 | the source of income, services provided, and timeline of when | ||||||
| 7 | services were provided. If the source of income is a firm or | ||||||
| 8 | organization with multiple clients, the report shall list all | ||||||
| 9 | of the entities for which the individual provided services. | ||||||
| 10 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-31-24.)
| ||||||
| 11 | Section 460. The Western Illinois Economic Development | ||||||
| 12 | Authority Act is amended by changing Section 26 as follows:
| ||||||
| 13 | (70 ILCS 532/26) | ||||||
| 14 | Sec. 26. Requests for assistance; disclosure of economic | ||||||
| 15 | interests. | ||||||
| 16 | (a) The Authority may not hear a request for assistance | ||||||
| 17 | from a restricted person. This prohibition extends to business | ||||||
| 18 | relationships between a person who is an Authority leader | ||||||
| 19 | within one year prior to the request for assistance and to any | ||||||
| 20 | entity in which a restricted person holds or, within the past 2 | ||||||
| 21 | years, held an ownership interest of 10% or more. | ||||||
| 22 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 23 | or herself from matters relating to requests for assistance | ||||||
| 24 | from an entity that is relocating full-time employees from | ||||||
| |||||||
| |||||||
| 1 | another Authority's counties if (i) both Authorities contract | ||||||
| 2 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 3 | within the past 2 years of the request, there was a business | ||||||
| 4 | relationship between the Authority leaders at the 2 | ||||||
| 5 | Authorities. | ||||||
| 6 | (c) The Board of the Authority shall vote to renew the | ||||||
| 7 | appointment of the Executive Director and other Authority | ||||||
| 8 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 9 | an annual basis and use a public process to solicit | ||||||
| 10 | applications. This requirement does not apply to full-time | ||||||
| 11 | employees of the Authority unless otherwise required by | ||||||
| 12 | applicable State law or local ordinance. | ||||||
| 13 | (d) Each Authority leader shall submit a statement of | ||||||
| 14 | economic interests interest in accordance with Article 4A of | ||||||
| 15 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 16 | Authority leader shall disclose to the Board outside sources | ||||||
| 17 | of income and any business relationships in economic | ||||||
| 18 | development consulting or lobbying. Reporting shall include | ||||||
| 19 | the source of income, services provided, and timeline of when | ||||||
| 20 | services were provided. If the source of income is a firm or | ||||||
| 21 | organization with multiple clients, the report shall list all | ||||||
| 22 | of the entities for which the individual provided services. | ||||||
| 23 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-22-24.)
| ||||||
| 24 | Section 465. The Will-Kankakee Regional Development | ||||||
| 25 | Authority Law is amended by changing Section 5.1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 535/5.1) | ||||||
| 2 | Sec. 5.1. Requests for assistance; disclosure of economic | ||||||
| 3 | interests. | ||||||
| 4 | (a) The Authority may not hear a request for assistance | ||||||
| 5 | from a restricted person. This prohibition extends to business | ||||||
| 6 | relationships between a person who is an Authority leader | ||||||
| 7 | within one year prior to the request for assistance and to any | ||||||
| 8 | entity in which a restricted person holds or, within the past 2 | ||||||
| 9 | years, held an ownership interest of 10% or more. | ||||||
| 10 | (b) An Authority leader shall disclose and recuse himself | ||||||
| 11 | or herself from matters relating to requests for assistance | ||||||
| 12 | from an entity that is relocating full-time employees from | ||||||
| 13 | another Authority's counties if (i) both Authorities contract | ||||||
| 14 | with or employ the same Authority leader or (ii) there is or, | ||||||
| 15 | within the past 2 years of the request, there was a business | ||||||
| 16 | relationship between the Authority leaders at the 2 | ||||||
| 17 | Authorities. | ||||||
| 18 | (c) The Board of the Authority shall vote to renew the | ||||||
| 19 | appointment of the Executive Director and other Authority | ||||||
| 20 | leaders on an annual basis. All contracts shall be approved on | ||||||
| 21 | an annual basis and use a public process to solicit | ||||||
| 22 | applications. This requirement does not apply to full-time | ||||||
| 23 | employees of the Authority unless otherwise required by | ||||||
| 24 | applicable State law or local ordinance. | ||||||
| 25 | (d) Each Authority leader shall submit a statement of | ||||||
| |||||||
| |||||||
| 1 | economic interests interest in accordance with Article 4A of | ||||||
| 2 | the Illinois Governmental Ethics Act. Additionally, each | ||||||
| 3 | Authority leader shall disclose to the Board outside sources | ||||||
| 4 | of income and any business relationships in economic | ||||||
| 5 | development consulting or lobbying. Reporting shall include | ||||||
| 6 | the source of income, services provided, and timeline of when | ||||||
| 7 | services were provided. If the source of income is a firm or | ||||||
| 8 | organization with multiple clients, the report shall list all | ||||||
| 9 | of the entities for which the individual provided services. | ||||||
| 10 | (Source: P.A. 103-517, eff. 8-11-23; revised 7-22-24.)
| ||||||
| 11 | Section 470. The Illinois Drainage Code is amended by | ||||||
| 12 | changing Section 6-12 as follows:
| ||||||
| 13 | (70 ILCS 605/6-12) (from Ch. 42, par. 6-12) | ||||||
| 14 | Sec. 6-12. Extending payment of assessments; hearing; | ||||||
| 15 | order assessments - Hearing - Order. The court shall hear such | ||||||
| 16 | petition and make such order as it deems proper. The court may | ||||||
| 17 | order the time of payment of any such assessments or one or | ||||||
| 18 | more installments of assessments, or any part or parts | ||||||
| 19 | thereof, extended, may change the number of installments into | ||||||
| 20 | which such assessments are divided, may fix the rate of | ||||||
| 21 | interest which said extended assessments shall bear, which | ||||||
| 22 | shall not exceed that permitted in the Bond Authorization Act | ||||||
| 23 | "An Act to authorize public corporations to issue bonds, other | ||||||
| 24 | evidences of indebtedness and tax anticipation warrants | ||||||
| |||||||
| |||||||
| 1 | subject to interest rate limitations set forth therein", | ||||||
| 2 | approved May 26, 1970, as amended, and shall give the owners an | ||||||
| 3 | opportunity to pay the assessments or installments proposed to | ||||||
| 4 | be refunded in cash within a reasonable time to be fixed by the | ||||||
| 5 | court without further notice, and after the expiration of the | ||||||
| 6 | time fixed and the commissioners have reported such cash | ||||||
| 7 | payments to the court, the court shall also fix the amount of | ||||||
| 8 | the refunding bonds and authorize their issuance by the | ||||||
| 9 | commissioners at a rate of interest not to exceed the rate of | ||||||
| 10 | interest on the extended assessments, and such refunding notes | ||||||
| 11 | or bonds shall be a lien upon such extended assessments or | ||||||
| 12 | installments. Extended assessments or installments shall | ||||||
| 13 | continue to be a lien upon the lands assessed until paid. | ||||||
| 14 | (Source: P.A. 84-886; revised 7-23-24.)
| ||||||
| 15 | Section 475. The Fire Protection District Act is amended | ||||||
| 16 | by setting forth and renumbering multiple versions of Section | ||||||
| 17 | 6.3 as follows:
| ||||||
| 18 | (70 ILCS 705/6.3) | ||||||
| 19 | Sec. 6.3. Health insurance; joint mental health therapy | ||||||
| 20 | services. If a fire protection district is a self-insurer for | ||||||
| 21 | purposes of providing health insurance coverage for officers | ||||||
| 22 | and members of the fire department, the insurance coverage | ||||||
| 23 | shall include joint mental health therapy services for any | ||||||
| 24 | officer or member of the fire department and any spouse or | ||||||
| |||||||
| |||||||
| 1 | partner of the officer or member who resides with the officer | ||||||
| 2 | or member. The joint mental health therapy services provided | ||||||
| 3 | under this Section shall be performed by a physician licensed | ||||||
| 4 | to practice medicine in all of its branches, a licensed | ||||||
| 5 | clinical psychologist, a licensed clinical social worker, a | ||||||
| 6 | licensed clinical professional counselor, a licensed marriage | ||||||
| 7 | and family therapist, a licensed social worker, or a licensed | ||||||
| 8 | professional counselor. | ||||||
| 9 | (Source: P.A. 103-818, eff. 1-1-25.)
| ||||||
| 10 | (70 ILCS 705/6.4) | ||||||
| 11 | Sec. 6.4 6.3. Mental health counseling. | ||||||
| 12 | (a) As used in this Section: | ||||||
| 13 | "First responders" means firefighters, emergency medical | ||||||
| 14 | services personnel, as that term is defined in Section 3.5 of | ||||||
| 15 | the Emergency Medical Services (EMS) Systems Act, dispatched | ||||||
| 16 | pursuant to a 9-1-1 call, emergency medical dispatchers, as | ||||||
| 17 | that term is defined in Section 3.70 of the Emergency Medical | ||||||
| 18 | Services (EMS) Systems Act, and public safety | ||||||
| 19 | telecommunicators, as that term is defined in Section 2 of the | ||||||
| 20 | Emergency Telephone System Act. | ||||||
| 21 | "Mental health counseling" means counseling therapy | ||||||
| 22 | sessions provided by a clinical social worker, professional | ||||||
| 23 | counselor, or licensed psychologist. | ||||||
| 24 | (b) If a fire protection district is a self-insurer for | ||||||
| 25 | purposes of providing health insurance coverage for its | ||||||
| |||||||
| |||||||
| 1 | employees, the insurance coverage shall include, on and after | ||||||
| 2 | June 1, 2025, mental health counseling for any employee who is | ||||||
| 3 | a first responder without imposing a deductible, coinsurance, | ||||||
| 4 | copayment, or any other cost-sharing requirement on the | ||||||
| 5 | coverage provided, except that this Section does not apply to | ||||||
| 6 | the extent such coverage would disqualify a high-deductible | ||||||
| 7 | health plan from eligibility for a health savings account | ||||||
| 8 | pursuant to Section 223 of the Internal Revenue Code. | ||||||
| 9 | (Source: P.A. 103-1011, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 10 | Section 480. The Museum District Act is amended by | ||||||
| 11 | changing Section 17 as follows:
| ||||||
| 12 | (70 ILCS 1105/17) (from Ch. 85, par. 6817) | ||||||
| 13 | Sec. 17. Debt and bonds. The board of a museum district | ||||||
| 14 | may, for any of its authorized purposes, borrow money upon the | ||||||
| 15 | faith and credit of the district and may issue bonds. A | ||||||
| 16 | district may not, however, become indebted in any manner or | ||||||
| 17 | for any purpose to an amount including existing indebtedness | ||||||
| 18 | in the aggregate exceeding 1.5% of the assessed value, as | ||||||
| 19 | equalized by the Department of Revenue, of the taxable | ||||||
| 20 | property in the district. A district may not incur (i) | ||||||
| 21 | indebtedness in excess of .3% of the assessed value, as | ||||||
| 22 | equalized by the Department of Revenue, of taxable property in | ||||||
| 23 | the district for the development of historical sites, together | ||||||
| 24 | with related lands and facilities, held by the district or | ||||||
| |||||||
| |||||||
| 1 | (ii) indebtedness for any other purpose except the acquisition | ||||||
| 2 | of historical sites, together with related lands and | ||||||
| 3 | facilities, unless the proposition to issue bonds or otherwise | ||||||
| 4 | incur indebtedness is certified by the board to the proper | ||||||
| 5 | election officials, who shall submit the proposition at an | ||||||
| 6 | election in accordance with the general election law, and the | ||||||
| 7 | proposition is approved by a majority of those voting upon the | ||||||
| 8 | proposition. Before or at the time of issuing bonds, the board | ||||||
| 9 | shall provide by ordinance for the collection of an annual tax | ||||||
| 10 | sufficient to pay the interest on the bonds as it falls due and | ||||||
| 11 | to pay the principal of the bonds as they mature. The bonds | ||||||
| 12 | shall mature not later than 20 years after the date thereof. | ||||||
| 13 | Such bonds shall bear interest at such rate or rates as do not | ||||||
| 14 | exceed those set forth in the Bond Authorization Act "An Act to | ||||||
| 15 | authorize public corporations to issue bonds, other evidences | ||||||
| 16 | of indebtedness and tax anticipation warrants subject to | ||||||
| 17 | interest rate limitations set forth therein", approved May 26, | ||||||
| 18 | 1970, as amended from time to time, and shall be issuable upon | ||||||
| 19 | any terms and may have provisions as make use of any authority | ||||||
| 20 | as may be provided in the Local Government Debt Reform Act, as | ||||||
| 21 | amended from time to time. | ||||||
| 22 | (Source: P.A. 86-477; revised 7-23-24.)
| ||||||
| 23 | Section 485. The Chicago Park District Act is amended by | ||||||
| 24 | changing Sections 20 and 20a as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1505/20) (from Ch. 105, par. 333.20) | ||||||
| 2 | Sec. 20. The Chicago Park District is authorized to issue | ||||||
| 3 | the bonds of such district for the payment of land condemned or | ||||||
| 4 | purchased for park or boulevards, for the building, | ||||||
| 5 | maintaining, improving, and protecting of such for the purpose | ||||||
| 6 | of establishing, acquiring, completing, enlarging, | ||||||
| 7 | ornamenting, building, rebuilding, and improving public parks, | ||||||
| 8 | boulevards, bridges, subways, viaducts, and approaches | ||||||
| 9 | thereto, wharfs, piers, jetties, air landing fields and | ||||||
| 10 | basins, shore protection works, pleasure grounds and ways, | ||||||
| 11 | walks, pathways, driveways, roadways, highways, and all public | ||||||
| 12 | works, grounds, or improvements under the control of and | ||||||
| 13 | within the jurisdiction of such park commissioners and | ||||||
| 14 | including the filling in of submerged lands for park purposes | ||||||
| 15 | and constructing all buildings, field houses, stadiums, | ||||||
| 16 | shelters, conservatories, museums, service shops, power | ||||||
| 17 | plants, structures, playground devices, boulevard and building | ||||||
| 18 | lighting systems and building all other types of permanent | ||||||
| 19 | improvement and construction necessary to render the property | ||||||
| 20 | under the control of such park commissioners usable for the | ||||||
| 21 | enjoyment thereof as public parks, parkways, boulevards, and | ||||||
| 22 | pleasure ways and for the payment of the expenses incident | ||||||
| 23 | thereto, and may pledge its property and credit therefor. | ||||||
| 24 | Such district shall not incur any bonded indebtedness, | ||||||
| 25 | exclusive of outstanding indebtedness to an amount in the | ||||||
| 26 | aggregate exceeding 2.3% of the assessed valuation of all | ||||||
| |||||||
| |||||||
| 1 | taxable property therein as last equalized and determined for | ||||||
| 2 | state and local taxes preceding the incurring of such | ||||||
| 3 | indebtedness. Bonds may be issued from time to time to an | ||||||
| 4 | amount which together with the outstanding bonded indebtedness | ||||||
| 5 | of such district, exclusive of bonds issued to create a | ||||||
| 6 | working cash fund, will not exceed 1% of the assessed | ||||||
| 7 | valuation of all taxable property therein as last equalized | ||||||
| 8 | and determined for state and local taxes preceding the | ||||||
| 9 | issuance of such bonds without submitting the question to the | ||||||
| 10 | legal voters for approval. | ||||||
| 11 | Except as otherwise provided in this Section and except | ||||||
| 12 | for working cash fund bonds issued and to be issued under | ||||||
| 13 | Section 2 of the Chicago Park District Working Cash Fund Act | ||||||
| 14 | "An Act authorizing the Chicago Park District to provide for | ||||||
| 15 | the creation, maintenance and administration of a working cash | ||||||
| 16 | fund", approved July 11, 1935, as amended, bonds shall not be | ||||||
| 17 | issued until the proposition to issue such has been submitted | ||||||
| 18 | to and approved by a majority of the legal voters of such park | ||||||
| 19 | district voting upon the proposition, at an election, after | ||||||
| 20 | notice of such submission has been given in the manner | ||||||
| 21 | provided by the general election law. | ||||||
| 22 | Submission of any proposition of issuing bonds shall be | ||||||
| 23 | authorized by resolution to be adopted by the Chicago Park | ||||||
| 24 | District commissioners, which shall designate the election at | ||||||
| 25 | which the question is to be submitted the amount of bonds and | ||||||
| 26 | purpose for which such bonds are to be issued. | ||||||
| |||||||
| |||||||
| 1 | Any proposition to issue bonds shall be certified by the | ||||||
| 2 | Chicago Park District commissioners to the proper election | ||||||
| 3 | officials, who shall submit that proposition in accordance | ||||||
| 4 | with the general election law. The proposition shall be in | ||||||
| 5 | substantially the following form: | ||||||
| 6 | ----------------------------
| ||||||
| 7 | Shall bonds of the Chicago
| ||||||
| 8 | Park District to the amount of YES
| ||||||
| 9 | ........ Dollars ($........) be -------------------------
| ||||||
| 10 | issued for the purpose of...... NO
| ||||||
| 11 | ...............................?
| ||||||
| 12 | ------------------------------------------------------------- | ||||||
| 13 | Bonds shall be issued in the name of the Chicago Park | ||||||
| 14 | District in such form and denomination and shall be payable at | ||||||
| 15 | such place and time, not exceeding 20 years from date thereof | ||||||
| 16 | or, for bonds issued after July 24, 2003 (the effective date of | ||||||
| 17 | Public Act 93-338) this amendatory Act of the 93rd General | ||||||
| 18 | Assembly, not exceeding 30 years from the date thereof, and | ||||||
| 19 | may be redeemable prior to maturity with or without premium at | ||||||
| 20 | the option of the commissioners, as such commissioners may | ||||||
| 21 | determine by ordinance duly adopted and the bonds shall be | ||||||
| 22 | signed by the president and attested by the secretary under | ||||||
| 23 | the corporate seal. After such advertising as the | ||||||
| 24 | commissioners shall deem necessary, the bonds shall be sold at | ||||||
| 25 | such price and upon such terms as determined by the | ||||||
| 26 | commissioners and which will not cause the net effective | ||||||
| |||||||
| |||||||
| 1 | interest rate to be paid by the Chicago Park District to exceed | ||||||
| 2 | that permitted in the Bond Authorization Act "An Act to | ||||||
| 3 | authorize public corporations to issue bonds, other evidences | ||||||
| 4 | of indebtedness and tax anticipation warrants subject to | ||||||
| 5 | interest rate limitations set forth therein", approved May 26, | ||||||
| 6 | 1970, as now or hereafter amended. The validity of any bond so | ||||||
| 7 | executed shall remain unimpaired, although one or more of the | ||||||
| 8 | officers executing such shall have ceased to be such officer | ||||||
| 9 | or officers before delivery thereof to the purchaser. | ||||||
| 10 | For the purpose of paying the principal of and interest | ||||||
| 11 | upon such bonds, the Chicago Park District is authorized to | ||||||
| 12 | levy and have collected a direct annual tax upon all taxable | ||||||
| 13 | property within its jurisdiction, in addition to all other | ||||||
| 14 | taxes authorized by law to be levied and collected for park | ||||||
| 15 | purposes, sufficient to pay the interest on such bonds as it | ||||||
| 16 | falls due and to pay the principal thereof as it matures, and | ||||||
| 17 | the county clerk of the county in which such park district is | ||||||
| 18 | located upon receiving a certificate from the commissioners | ||||||
| 19 | that the amount set out in such certificate is necessary to pay | ||||||
| 20 | the interest on and principal of such bonds, shall assess and | ||||||
| 21 | extend such amount upon the taxable property embraced in such | ||||||
| 22 | park district, the same as other park taxes are by law assessed | ||||||
| 23 | and extended, and such taxes shall be collected and paid over | ||||||
| 24 | in like manner as other park taxes are required by law to be | ||||||
| 25 | collected and paid. | ||||||
| 26 | (Source: P.A. 93-338, eff. 7-24-03; revised 7-24-24.)
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1505/20a) (from Ch. 105, par. 333.20a) | ||||||
| 2 | Sec. 20a. Bonds; issuance; interest. Notwithstanding | ||||||
| 3 | anything to the contrary in Section 20 of this Act, the Chicago | ||||||
| 4 | Park District is authorized to issue from time to time bonds of | ||||||
| 5 | such district in the principal amount of $84,000,000 for the | ||||||
| 6 | purpose of paying the cost of erecting, enlarging, | ||||||
| 7 | ornamenting, building, rebuilding, rehabilitating, and | ||||||
| 8 | improving any aquarium or any museum or museums of art, | ||||||
| 9 | industry, science, or natural or other history located within | ||||||
| 10 | any public park or parks under the control of the Chicago Park | ||||||
| 11 | District, without submitting the question of issuing such | ||||||
| 12 | bonds to the voters of the District. | ||||||
| 13 | Notwithstanding anything to the contrary in Section 20 of | ||||||
| 14 | this Act, and in addition to any other amount of bonds | ||||||
| 15 | authorized to be issued under this Act, the Chicago Park | ||||||
| 16 | District is authorized to issue from time to time, before | ||||||
| 17 | January 1, 2004, bonds of the district in the principal amount | ||||||
| 18 | of $128,000,000 for the purpose of paying the cost of | ||||||
| 19 | erecting, enlarging, ornamenting, building, rebuilding, | ||||||
| 20 | rehabilitating, and improving any aquarium or any museum or | ||||||
| 21 | museums of art, industry, science, or natural or other history | ||||||
| 22 | located within any public park or parks under the control of | ||||||
| 23 | the Chicago Park District, without submitting the question of | ||||||
| 24 | issuing the bonds to the voters of the District. | ||||||
| 25 | Notwithstanding anything to the contrary in Section 20 of | ||||||
| |||||||
| |||||||
| 1 | this Act, and in addition to any other amount of bonds | ||||||
| 2 | authorized to be issued under this Act, the Chicago Park | ||||||
| 3 | District is authorized to issue from time to time bonds of the | ||||||
| 4 | district in the principal amount of $250,000,000 for the | ||||||
| 5 | purpose of making contributions to the pension fund | ||||||
| 6 | established under Article 12 of the Illinois Pension Code | ||||||
| 7 | without submitting the question of issuing the bonds to the | ||||||
| 8 | voters of the District; except that in any one year, the | ||||||
| 9 | Chicago Park District may not issue bonds in excess of | ||||||
| 10 | $75,000,000. Any bond issuances under this subsection are | ||||||
| 11 | intended to decrease the unfunded liability of the pension | ||||||
| 12 | fund and shall not decrease the amount of the employer | ||||||
| 13 | contributions required in any given year under Section 12-149 | ||||||
| 14 | of the Illinois Pension Code. | ||||||
| 15 | The bonds authorized under this Section shall be of such | ||||||
| 16 | denomination or denominations, may be registerable as to | ||||||
| 17 | principal only, and shall mature serially within a period of | ||||||
| 18 | not to exceed 20 years or, for bonds issued after July 24, 2003 | ||||||
| 19 | (the effective date of Public Act 93-338) this amendatory Act | ||||||
| 20 | of the 93rd General Assembly, within a period of not to exceed | ||||||
| 21 | 30 years, may be redeemable prior to maturity with or without | ||||||
| 22 | premium at the option of the commissioners on such terms and | ||||||
| 23 | conditions as the commissioners of the Chicago Park District | ||||||
| 24 | shall fix by the ordinance authorizing the issuance of such | ||||||
| 25 | bonds. The bonds shall bear interest at the rate of not to | ||||||
| 26 | exceed that permitted in the Bond Authorization Act "An Act to | ||||||
| |||||||
| |||||||
| 1 | authorize public corporations to issue bonds, other evidences | ||||||
| 2 | of indebtedness and tax anticipation warrants subject to | ||||||
| 3 | interest rate limitations set forth therein", approved May 26, | ||||||
| 4 | 1970, as now or hereafter amended. | ||||||
| 5 | Such bonds shall be executed for and on behalf of the Park | ||||||
| 6 | District by such officers as shall be specified in the bond | ||||||
| 7 | ordinance, and one of such officers may be authorized to | ||||||
| 8 | execute the bonds by his facsimile signature, which officer | ||||||
| 9 | shall adopt as and for his official manual signature the | ||||||
| 10 | facsimile signature as it appears upon the bonds. | ||||||
| 11 | The ordinance authorizing the issuance of the bonds shall | ||||||
| 12 | provide for the levy and collection, in each of the years any | ||||||
| 13 | of such bonds shall be outstanding, a tax without limitation | ||||||
| 14 | as to rate or amount and in addition to all other taxes upon | ||||||
| 15 | all the taxable property within the corporate boundaries of | ||||||
| 16 | the Chicago Park District, sufficient to pay the principal of | ||||||
| 17 | and the interest upon such bonds as the same matures and | ||||||
| 18 | becomes due. | ||||||
| 19 | A certified copy of the ordinance providing for the | ||||||
| 20 | issuance of the bonds and the levying and collecting of the tax | ||||||
| 21 | to pay the same shall be filed with the County Clerk of the | ||||||
| 22 | county in which the Chicago Park District is located or with | ||||||
| 23 | the respective County Clerks of each county in which the | ||||||
| 24 | Chicago Park District is located. Such ordinance shall be | ||||||
| 25 | irrevocable and upon receipt of the certified copy thereof the | ||||||
| 26 | County Clerk or County Clerks, as the case may be, shall | ||||||
| |||||||
| |||||||
| 1 | provide for, assess and extend the tax as therein provided | ||||||
| 2 | upon all the taxable property located within the corporate | ||||||
| 3 | boundaries of the Chicago Park District, in the same manner as | ||||||
| 4 | other park taxes by law shall be provided for, assessed and | ||||||
| 5 | extended, and such taxes shall be collected and paid out in the | ||||||
| 6 | same manner as other park taxes by law shall be collected and | ||||||
| 7 | paid. | ||||||
| 8 | The interest on any unexpended proceeds of bonds issued | ||||||
| 9 | under this Section shall be credited to the Chicago Park | ||||||
| 10 | District and shall be paid into the District's general | ||||||
| 11 | corporate fund. The Chicago Park District may transfer such | ||||||
| 12 | amount of interest from the general corporate fund to the | ||||||
| 13 | aquarium and museum bond fund. | ||||||
| 14 | The amount of the outstanding bonded indebtedness of the | ||||||
| 15 | Chicago Park District issued under this Section shall not be | ||||||
| 16 | included in the bonded indebtedness of the District in | ||||||
| 17 | determining whether or not the District has exceeded its | ||||||
| 18 | limitation of 1/2 of 1% of the assessed valuation of all | ||||||
| 19 | taxable property in the District as last equalized and | ||||||
| 20 | determined by the Department of Revenue for the issuance of | ||||||
| 21 | any bonds authorized under the provisions of Section 20 of | ||||||
| 22 | this Act without submitting the question to the legal voters | ||||||
| 23 | for approval. | ||||||
| 24 | (Source: P.A. 102-263, eff. 8-6-21; revised 7-24-24.)
| ||||||
| 25 | Section 490. The Chicago Park District Working Cash Fund | ||||||
| |||||||
| |||||||
| 1 | Act is amended by changing Sections 2 and 4 as follows:
| ||||||
| 2 | (70 ILCS 1510/2) (from Ch. 105, par. 333.25) | ||||||
| 3 | Sec. 2. For the purpose of creating such working cash fund | ||||||
| 4 | the commissioners of the Chicago Park District, without the | ||||||
| 5 | submission thereof to the voters for approval, may incur an | ||||||
| 6 | indebtedness and issue bonds therefor in an amount not to | ||||||
| 7 | exceed $40,000,000 in addition to bonds in the amount of | ||||||
| 8 | $25,000,000 heretofore authorized, and in addition to bonds in | ||||||
| 9 | the amounts of $5,000,000 and $7,000,000 heretofore | ||||||
| 10 | authorized, and issued for that purpose. Bonds in the amount | ||||||
| 11 | of not to exceed $40,000,000 may be sold in any one year and if | ||||||
| 12 | such maximum amount shall not be so sold in the first year the | ||||||
| 13 | balance thereof may be sold in any year thereafter at the | ||||||
| 14 | discretion of the commissioners. | ||||||
| 15 | Such bonds shall be authorized by ordinance and shall be | ||||||
| 16 | of the form and denomination, payable at the place and bear | ||||||
| 17 | such date as may be determined by the commissioners and shall | ||||||
| 18 | mature within not to exceed 20 years from their date or, for | ||||||
| 19 | bonds issued after July 24, 2003 (the effective date of Public | ||||||
| 20 | Act 93-338) this amendatory Act of the 93rd General Assembly, | ||||||
| 21 | within not to exceed 30 years from their date, but may be made | ||||||
| 22 | callable on any interest payment date at the price of par and | ||||||
| 23 | accrued interest after notice shall be given by publication or | ||||||
| 24 | otherwise and at the time or times and in the manner as may be | ||||||
| 25 | provided in the bond ordinance. | ||||||
| |||||||
| |||||||
| 1 | Such bonds may be registered as to principal and shall | ||||||
| 2 | bear interest at the rate of not more than that permitted in | ||||||
| 3 | the Bond Authorization Act "An Act to authorize public | ||||||
| 4 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 5 | and tax anticipation warrants subject to interest rate | ||||||
| 6 | limitations set forth therein", approved May 26, 1970, as now | ||||||
| 7 | or hereafter amended, such interest to be payable at such time | ||||||
| 8 | and place and in such manner as may be provided in the bond | ||||||
| 9 | ordinance. | ||||||
| 10 | The bonds may be signed by the facsimile signature of the | ||||||
| 11 | President with like effect as if signed with his genuine | ||||||
| 12 | signature and shall be signed by such other officers of the | ||||||
| 13 | Chicago Park District as may be designated in the bond | ||||||
| 14 | ordinance. | ||||||
| 15 | The validity of any bond shall remain unimpaired although | ||||||
| 16 | one or more of the officers executing same shall have ceased to | ||||||
| 17 | be such officer or officers before delivery thereof. | ||||||
| 18 | Such bonds may be sold for such price and after such | ||||||
| 19 | advertising as shall be approved and directed by the | ||||||
| 20 | commissioners. | ||||||
| 21 | Money received from the proceeds of taxes levied for | ||||||
| 22 | payment of principal of and interest upon such bonds shall be | ||||||
| 23 | deposited in a special fund of such municipality and | ||||||
| 24 | designated as "Bond and Interest Sinking Fund Account of the | ||||||
| 25 | Chicago Park District." Said fund shall be faithfully applied | ||||||
| 26 | to the payment of the bonds and interest thereon for which such | ||||||
| |||||||
| |||||||
| 1 | taxes were levied. | ||||||
| 2 | If such money is not immediately necessary for the payment | ||||||
| 3 | of said bonds or if the bonds cannot be purchased before | ||||||
| 4 | maturity then said money may be invested under the direction | ||||||
| 5 | of the commissioners in bonds or other interest bearing | ||||||
| 6 | obligations of the United States or bonds of the State of | ||||||
| 7 | Illinois. | ||||||
| 8 | The maturity date of the invested securities shall be | ||||||
| 9 | prior to the due date of the bonds for the payment of which | ||||||
| 10 | said money was collected. Such securities may be sold when | ||||||
| 11 | ordered by the commissioners if necessary to obtain money to | ||||||
| 12 | meet bond and interest payments. | ||||||
| 13 | Prior to the maturity of the bonds, after setting aside a | ||||||
| 14 | sum of money equal to the amount of interest that will accrue | ||||||
| 15 | thereon within the next 6 months period from the time it is | ||||||
| 16 | proposed to purchase and/or redeem any such bonds, or the | ||||||
| 17 | commissioners may require that said sum of money be equal to | ||||||
| 18 | the amount of interest that will so accrue within the next 12 | ||||||
| 19 | months period, the treasurer of the park district shall use | ||||||
| 20 | the money available from the proceeds of taxes levied for the | ||||||
| 21 | payment of the bonds first, in the purchase of such bonds at | ||||||
| 22 | the lowest price obtainable, but not to exceed their par value | ||||||
| 23 | and accrued interest, after sealed tenders for such purchase | ||||||
| 24 | shall have been advertised for as may be directed by the | ||||||
| 25 | commissioners and thereafter such money shall be used by said | ||||||
| 26 | official in calling said bonds for payment according to their | ||||||
| |||||||
| |||||||
| 1 | terms of redemption. | ||||||
| 2 | Bonds called for payment and paid or purchased shall be | ||||||
| 3 | marked paid and cancelled. | ||||||
| 4 | Whenever any bonds are so purchased and/or redeemed and | ||||||
| 5 | cancelled, the taxes thereafter to be extended for payment of | ||||||
| 6 | interest shall be reduced in the amount of interest that would | ||||||
| 7 | have thereafter accrued upon such bonds so cancelled, and a | ||||||
| 8 | resolution shall be adopted by the commissioners finding such | ||||||
| 9 | facts and a certified copy thereof shall be filed in the office | ||||||
| 10 | of the county clerk whereupon it shall be the duty of such | ||||||
| 11 | official to reduce and extend such taxes in accordance | ||||||
| 12 | therewith. | ||||||
| 13 | The ordinance authorizing said bonds shall prescribe all | ||||||
| 14 | details thereof and shall provide for the levy and collection | ||||||
| 15 | of a direct annual tax upon all the taxable property within | ||||||
| 16 | said Chicago Park District sufficient to pay the interest upon | ||||||
| 17 | and the principal of said bonds as the same become due, which | ||||||
| 18 | tax shall be in addition to and exclusive of the maximum of all | ||||||
| 19 | other taxes authorized to be levied by said park district. | ||||||
| 20 | A copy of the bond ordinance duly certified shall be filed | ||||||
| 21 | in the office of the County Clerk of Cook County and shall | ||||||
| 22 | constitute authority for the extension and collection of such | ||||||
| 23 | bond and interest taxes as required by the constitution. | ||||||
| 24 | (Source: P.A. 93-338, eff. 7-24-03; revised 7-25-24.)
| ||||||
| 25 | (70 ILCS 1510/4) (from Ch. 105, par. 333.27) | ||||||
| |||||||
| |||||||
| 1 | Sec. 4. Money shall be transferred from said working cash | ||||||
| 2 | fund to the general corporate fund only upon the authority of | ||||||
| 3 | the commissioners who shall from time to time by separate | ||||||
| 4 | resolution direct the treasurer to make transfers of such sums | ||||||
| 5 | as may be required for the purposes herein authorized. Every | ||||||
| 6 | resolution shall set forth: | ||||||
| 7 | (a) The taxes in anticipation of the collection of which | ||||||
| 8 | such transfer is to be made and from which such working cash | ||||||
| 9 | fund is to be reimbursed; | ||||||
| 10 | (b) The entire amount of taxes extended or which such | ||||||
| 11 | commissioners estimate will be extended or received for any | ||||||
| 12 | year, in anticipation of the collection of all or part of | ||||||
| 13 | which, such transfer is to be made; | ||||||
| 14 | (c) The aggregate amount of warrants theretofore issued in | ||||||
| 15 | anticipation of the collection of such taxes under the | ||||||
| 16 | provisions of the Warrants and Jurors Certificates Act "An Act | ||||||
| 17 | to provide for the manner of issuing warrants upon the | ||||||
| 18 | treasurer of the state or of any county, township, city, | ||||||
| 19 | village or other municipal corporation and jurors' | ||||||
| 20 | certificates," approved June 27, 1913, as amended, together | ||||||
| 21 | with the amount of interest accrued and/or which such | ||||||
| 22 | commissioners estimate will accrue thereon. | ||||||
| 23 | (d) The aggregate amount of moneys theretofore transferred | ||||||
| 24 | from the working cash fund to the general corporate fund in | ||||||
| 25 | anticipation of the collection of such taxes. | ||||||
| 26 | (e) The aggregate amount of receipts from taxes imposed to | ||||||
| |||||||
| |||||||
| 1 | replace revenue lost by units of local government and school | ||||||
| 2 | districts as a result of the abolition of ad valorem personal | ||||||
| 3 | property taxes, pursuant to Article IX, Section 5(c) of the | ||||||
| 4 | Constitution of the State of Illinois, which the corporate | ||||||
| 5 | authorities estimate will be set aside for the payment of the | ||||||
| 6 | proportionate amount of debt service and pension or retirement | ||||||
| 7 | obligations, as required by Section 12 of the State Revenue | ||||||
| 8 | Sharing Act "An Act in relation to State Revenue Sharing with | ||||||
| 9 | local government entities", approved July 31, 1969, as | ||||||
| 10 | amended. | ||||||
| 11 | The amount which any such resolution shall direct the | ||||||
| 12 | treasurer so to transfer, in anticipation of the collection of | ||||||
| 13 | taxes levied or to be received for any year, together with the | ||||||
| 14 | aggregate amount of such tax anticipation warrants theretofore | ||||||
| 15 | issued against such taxes and the amount of the interest | ||||||
| 16 | accrued and/or estimated to accrue on such warrants, the | ||||||
| 17 | amount estimated to be required to satisfy debt service and | ||||||
| 18 | pension or retirement obligations, as set forth in Section 12 | ||||||
| 19 | of the State Revenue Sharing Act "An Act in relation to State | ||||||
| 20 | revenue sharing with local government entities", approved July | ||||||
| 21 | 31, 1969, as amended, and the aggregate amount of such | ||||||
| 22 | transfers theretofore made in anticipation of the collection | ||||||
| 23 | of such taxes, shall not exceed ninety per cent of the actual | ||||||
| 24 | estimated amount of said taxes extended and to be extended or | ||||||
| 25 | to be received as set forth in said resolution. | ||||||
| 26 | To the extent that at any time moneys are available in the | ||||||
| |||||||
| |||||||
| 1 | working cash fund they shall be transferred to the general | ||||||
| 2 | corporate fund and disbursed for the payment of salaries and | ||||||
| 3 | other corporate expenses so as to avoid whenever possible, the | ||||||
| 4 | issuance of tax anticipation warrants. | ||||||
| 5 | (Source: P.A. 81-1506; revised 7-18-24.)
| ||||||
| 6 | Section 495. The Havana Regional Port District Act is | ||||||
| 7 | amended by changing Section 17 as follows:
| ||||||
| 8 | (70 ILCS 1805/17) (from Ch. 19, par. 617) | ||||||
| 9 | Sec. 17. The bonds or certificates shall be sold by the | ||||||
| 10 | corporate authorities of the Port District in such manner as | ||||||
| 11 | the Board determines, except that if issued to bear interest | ||||||
| 12 | at the maximum rate permitted in the Bond Authorization Act | ||||||
| 13 | "An Act to authorize public corporations to issue bonds, other | ||||||
| 14 | evidences of indebtedness and tax anticipation warrants | ||||||
| 15 | subject to interest rate limitations set forth therein", | ||||||
| 16 | approved May 26, 1970, as now or hereafter amended, the bonds | ||||||
| 17 | shall be sold for not less than par and accrued interest, and | ||||||
| 18 | except that the selling price of bonds bearing interest at a | ||||||
| 19 | rate less than the maximum rate permitted in that Act shall be | ||||||
| 20 | such that the interest cost to the district of the money | ||||||
| 21 | received from the bond sale shall not exceed such maximum rate | ||||||
| 22 | annually computed to absolute maturity of such bonds or | ||||||
| 23 | certificates according to standard tables of bond values. | ||||||
| 24 | (Source: P.A. 82-902; revised 7-18-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 500. The Illinois Valley Regional Port District | ||||||
| 2 | Act is amended by changing Section 23 as follows:
| ||||||
| 3 | (70 ILCS 1815/23) (from Ch. 19, par. 823) | ||||||
| 4 | Sec. 23. The bonds or certificates shall be sold by the | ||||||
| 5 | corporate authorities of the Port District in such manner as | ||||||
| 6 | the Board determines except that if issued to bear interest at | ||||||
| 7 | the maximum rate permitted in the Bond Authorization Act "An | ||||||
| 8 | Act to authorize public corporations to issue bonds, other | ||||||
| 9 | evidences of indebtedness and tax anticipation warrants | ||||||
| 10 | subject to interest rate limitations set forth therein", | ||||||
| 11 | approved May 26, 1970, as now or hereafter amended, the bonds | ||||||
| 12 | shall be sold for not less than par and accrued interest, and | ||||||
| 13 | except that the selling price of bonds bearing interest at a | ||||||
| 14 | rate less than the maximum rate permitted in that Act shall be | ||||||
| 15 | such that the interest cost to the District of the money | ||||||
| 16 | received from the bond sale shall not exceed such maximum rate | ||||||
| 17 | annually computed to absolute maturity of such bonds or | ||||||
| 18 | certificates according to standard tables of bond values. | ||||||
| 19 | (Source: P.A. 82-902; revised 7-18-24.)
| ||||||
| 20 | Section 505. The Jackson-Union Counties Regional Port | ||||||
| 21 | District Act is amended by changing Section 9 as follows:
| ||||||
| 22 | (70 ILCS 1820/9) (from Ch. 19, par. 859) | ||||||
| |||||||
| |||||||
| 1 | Sec. 9. All revenue bonds shall be payable solely from the | ||||||
| 2 | revenues or income to be derived from the terminals, terminal | ||||||
| 3 | facilities, airfields, airports, or port facilities or any | ||||||
| 4 | part thereof. The bonds may bear such date or dates and may | ||||||
| 5 | mature at such time or times not exceeding 40 years from their | ||||||
| 6 | respective dates, all as may be provided in the ordinance | ||||||
| 7 | authorizing their issuance. All bonds, whether revenue or | ||||||
| 8 | general obligation, may bear interest at such rate or rates | ||||||
| 9 | not to exceed that permitted in the Bond Authorization Act "An | ||||||
| 10 | Act to authorize public corporations to issue bonds, other | ||||||
| 11 | evidences of indebtedness and tax anticipation warrants | ||||||
| 12 | subject to interest rate limitations set forth therein", | ||||||
| 13 | approved May 26, 1970, as now or hereafter amended. Such | ||||||
| 14 | interest may be paid semiannually. All such bonds may be in | ||||||
| 15 | such form, may carry such registration privileges, may be | ||||||
| 16 | executed in such manner, may be payable at such place or | ||||||
| 17 | places, may be made subject to redemption in such manner and | ||||||
| 18 | upon such terms, with or without premium as is stated on the | ||||||
| 19 | face thereof, may be authenticated in such manner and may | ||||||
| 20 | contain such terms and covenants, all as may be provided in the | ||||||
| 21 | ordinance authorizing issuance. | ||||||
| 22 | The holder or holders of any bonds or interest coupons | ||||||
| 23 | appertaining thereto issued by the District may bring civil | ||||||
| 24 | actions to compel the performance and observance by the | ||||||
| 25 | District or any of its officers, agents, or employees of any | ||||||
| 26 | contract or covenant made by the District with the holders of | ||||||
| |||||||
| |||||||
| 1 | such bonds or interest coupons and to compel the District and | ||||||
| 2 | any of its officers, agents, or employees to perform any | ||||||
| 3 | duties required to be performed for the benefit of the holders | ||||||
| 4 | of any such bonds or interest coupons by the provision in the | ||||||
| 5 | ordinance authorizing their issuance, and to enjoin the | ||||||
| 6 | District and any of its officers, agents, or employees from | ||||||
| 7 | taking any action in conflict with any such contract or | ||||||
| 8 | covenant, including the establishment of charges, fees, and | ||||||
| 9 | rates for the use of facilities as hereinafter provided. | ||||||
| 10 | Notwithstanding the form and tenor of any bond, whether | ||||||
| 11 | revenue or general obligation, and in the absence of any | ||||||
| 12 | express recital on the face thereof that it is nonnegotiable, | ||||||
| 13 | all such bonds shall be negotiable instruments. Pending the | ||||||
| 14 | preparation and execution of any such bonds, temporary bonds | ||||||
| 15 | may be issued with or without interest coupons as may be | ||||||
| 16 | provided by ordinance. | ||||||
| 17 | (Source: P.A. 82-902; revised 7-18-24.)
| ||||||
| 18 | Section 510. The Joliet Regional Port District Act is | ||||||
| 19 | amended by changing Sections 9 and 10 as follows:
| ||||||
| 20 | (70 ILCS 1825/9) (from Ch. 19, par. 259) | ||||||
| 21 | Sec. 9. All revenue bonds shall be payable solely from the | ||||||
| 22 | revenues or income to be derived from the terminals, terminal | ||||||
| 23 | facilities, airfields, airports, or port facilities or any | ||||||
| 24 | part thereof. The bonds may bear such date or dates and may | ||||||
| |||||||
| |||||||
| 1 | mature at such time or times not exceeding 40 years from their | ||||||
| 2 | respective dates, all as may be provided in the ordinance | ||||||
| 3 | authorizing their issuance. All bonds, whether revenue or | ||||||
| 4 | general obligation, may bear interest at such rate or rates as | ||||||
| 5 | permitted in the Bond Authorization Act "An Act to authorize | ||||||
| 6 | public corporations to issue bonds, other evidences of | ||||||
| 7 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 8 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 9 | now or hereafter amended. Such interest may be paid | ||||||
| 10 | semiannually. All such bonds may be in such form, may carry | ||||||
| 11 | such registration privileges, may be executed in such manner, | ||||||
| 12 | may be payable at such place or places, may be made subject to | ||||||
| 13 | redemption in such manner and upon such terms, with or without | ||||||
| 14 | premium as is stated on the face thereof, may be authenticated | ||||||
| 15 | in such manner and may contain such terms and covenants, all as | ||||||
| 16 | may be provided in the ordinance authorizing issuance. | ||||||
| 17 | The holder or holders of any bonds or interest coupons | ||||||
| 18 | appertaining thereto issued by the District may bring civil | ||||||
| 19 | actions to compel the performance and observance by the | ||||||
| 20 | District or any of its officers, agents, or employees of any | ||||||
| 21 | contract or covenant made by the District with the holders of | ||||||
| 22 | such bonds or interest coupons and to compel the District and | ||||||
| 23 | any of its officers, agents, or employees to perform any | ||||||
| 24 | duties required to be performed for the benefit of the holders | ||||||
| 25 | of any such bonds or interest coupons by the provision in the | ||||||
| 26 | ordinance authorizing their issuance, and to enjoin the | ||||||
| |||||||
| |||||||
| 1 | District and any of its officers, agents, or employees from | ||||||
| 2 | taking any action in conflict with any such contract or | ||||||
| 3 | covenant including the establishment of charges, fees, and | ||||||
| 4 | rates for the use of facilities as hereinafter provided. | ||||||
| 5 | Notwithstanding the form and tenor of any bond, whether | ||||||
| 6 | revenue or general obligation, and in the absence of any | ||||||
| 7 | express recital on the face thereof that it is nonnegotiable, | ||||||
| 8 | all such bonds shall be negotiable instruments. Pending the | ||||||
| 9 | preparation and execution of any such bonds, temporary bonds | ||||||
| 10 | may be issued with or without interest coupons as may be | ||||||
| 11 | provided by ordinance. | ||||||
| 12 | (Source: P.A. 82-902; revised 7-18-24.)
| ||||||
| 13 | (70 ILCS 1825/10) (from Ch. 19, par. 260) | ||||||
| 14 | Sec. 10. All bonds, whether general obligation or revenue, | ||||||
| 15 | shall be sold by the Board in such manner as the Board shall | ||||||
| 16 | determine, except that if issued to bear interest at the | ||||||
| 17 | maximum rate permitted in the Bond Authorization Act "An Act | ||||||
| 18 | to authorize public corporations to issue bonds, other | ||||||
| 19 | evidences of indebtedness and tax anticipation warrants | ||||||
| 20 | subject to interest rate limitations set forth therein", | ||||||
| 21 | approved May 26, 1970, as now or hereafter amended, the bonds | ||||||
| 22 | shall be sold for not less than par and accrued interest and | ||||||
| 23 | except that the selling price of bonds bearing interest at a | ||||||
| 24 | rate less than the maximum rate permitted in that Act shall be | ||||||
| 25 | such that the interest cost to the District of the money | ||||||
| |||||||
| |||||||
| 1 | received from the bond sale shall not exceed such maximum rate | ||||||
| 2 | annually computed to absolute maturity of the bonds according | ||||||
| 3 | to standard tables of bond values. | ||||||
| 4 | (Source: P.A. 82-902; revised 7-18-24.)
| ||||||
| 5 | Section 515. The Kaskaskia Regional Port District Act is | ||||||
| 6 | amended by changing Sections 22.1 and 23.1 as follows:
| ||||||
| 7 | (70 ILCS 1830/22.1) (from Ch. 19, par. 522.1) | ||||||
| 8 | Sec. 22.1. If the Board desires to issue general | ||||||
| 9 | obligation bonds it shall adopt an ordinance specifying the | ||||||
| 10 | amount of bonds to be issued, the purpose for which they will | ||||||
| 11 | be issued, the maximum rate of interest they will bear which | ||||||
| 12 | shall not be more than that permitted in the Bond | ||||||
| 13 | Authorization Act "An Act to authorize public corporations to | ||||||
| 14 | issue bonds, other evidences of indebtedness and tax | ||||||
| 15 | anticipation warrants subject to interest rate limitations set | ||||||
| 16 | forth therein", approved May 26, 1970, as now or hereafter | ||||||
| 17 | amended. Such interest may be paid semiannually. The ordinance | ||||||
| 18 | shall also specify the date of maturity which shall not be more | ||||||
| 19 | than 20 years after the date of issuance. This ordinance shall | ||||||
| 20 | not be effective until it has been submitted to referendum of, | ||||||
| 21 | and approved by, a majority of the legal voters of the | ||||||
| 22 | District. The Board shall certify its ordinance and the | ||||||
| 23 | proposition to the proper election officials, who shall submit | ||||||
| 24 | the proposition to the voters at an election in accordance | ||||||
| |||||||
| |||||||
| 1 | with the general election law. If a majority of the votes cast | ||||||
| 2 | upon the proposition is in favor of the issuance of such | ||||||
| 3 | general obligation bonds the District is thereafter authorized | ||||||
| 4 | to issue and, in accordance with the provisions of Section | ||||||
| 5 | 25.1 of this Act, to sell the bonds specified in such ordinance | ||||||
| 6 | and to adopt an ordinance levying an annual tax against all of | ||||||
| 7 | the taxable property within the District sufficient to pay the | ||||||
| 8 | maturing principal and interest of such bonds and to file a | ||||||
| 9 | certified copy of both such ordinances in the office of the | ||||||
| 10 | county clerks of St. Clair, Monroe, and Randolph Counties. | ||||||
| 11 | Thereafter such county clerks shall annually extend taxes | ||||||
| 12 | against all the taxable property within the District at the | ||||||
| 13 | rate specified in such ordinance levying such taxes. The | ||||||
| 14 | aggregate amount of principal of general obligation bonds | ||||||
| 15 | issued under the provisions of this Section shall not exceed | ||||||
| 16 | 2.5% of the assessed valuation of all taxable property in the | ||||||
| 17 | District. | ||||||
| 18 | The proposition shall be in substantially the following | ||||||
| 19 | form: | ||||||
| 20 | --------------------------------------------------------
| ||||||
| 21 | Shall general obligation
| ||||||
| 22 | bonds in the amount of $....
| ||||||
| 23 | be issued by the Kaskaskia YES
| ||||||
| 24 | Regional Port District for
| ||||||
| 25 | the purpose of ...., maturing
| ||||||
| 26 | in not more than .... years, --------------------------
| ||||||
| |||||||
| |||||||
| 1 | bearing not more than ....%
| ||||||
| 2 | interest, and a tax levied NO
| ||||||
| 3 | to pay the principal and
| ||||||
| 4 | interest thereof?
| ||||||
| 5 | ------------------------------------------------------------- | ||||||
| 6 | (Source: P.A. 82-902; revised 7-18-24.)
| ||||||
| 7 | (70 ILCS 1830/23.1) (from Ch. 19, par. 523.1) | ||||||
| 8 | Sec. 23.1. All revenue bonds shall be payable solely from | ||||||
| 9 | the revenues or income to be derived from the terminals, | ||||||
| 10 | terminal facilities, port facilities, aquariums, museums, | ||||||
| 11 | planetariums, climatrons, and any other building or facility | ||||||
| 12 | which the District has the power to acquire, construct, | ||||||
| 13 | reconstruct, extend, or improve, or any part thereof, may bear | ||||||
| 14 | such date or dates and may mature at such time or times not | ||||||
| 15 | exceeding 40 years from their respective dates, all as may be | ||||||
| 16 | provided in the ordinance authorizing their issuance. All | ||||||
| 17 | general obligation bonds and revenue bonds may bear interest | ||||||
| 18 | at such rate or rates not to exceed that permitted in the Bond | ||||||
| 19 | Authorization Act "An Act to authorize public corporations to | ||||||
| 20 | issue bonds, other evidences of indebtedness and tax | ||||||
| 21 | anticipation warrants subject to interest rate limitations set | ||||||
| 22 | forth therein", approved May 26, 1970, as now or hereafter | ||||||
| 23 | amended. Such interest may be paid semiannually. All bonds, | ||||||
| 24 | whether revenue or general obligations, may be in such form, | ||||||
| 25 | may carry such registration privileges, may be executed in | ||||||
| |||||||
| |||||||
| 1 | such manner, may be payable at such place or places, may be | ||||||
| 2 | made subject to redemption in such manner and upon such terms, | ||||||
| 3 | with or without premium as is stated on the face thereof, may | ||||||
| 4 | be authenticated in such manner and may contain such terms and | ||||||
| 5 | covenants, all as may be provided in the ordinance authorizing | ||||||
| 6 | issuance. | ||||||
| 7 | The holder or holders of any bonds or interest coupons | ||||||
| 8 | appertaining thereto issued by the District may bring a civil | ||||||
| 9 | suit to compel the performance and observance by the District | ||||||
| 10 | or any of its officers, agents, or employees of any contract or | ||||||
| 11 | covenant made by the District with the holders of such bonds or | ||||||
| 12 | interest coupons and to compel the District and any of its | ||||||
| 13 | officers, agents, or employees to perform any duties required | ||||||
| 14 | to be performed for the benefit of the holders of any such | ||||||
| 15 | bonds or interest coupons by the provision in the ordinance | ||||||
| 16 | authorizing their issuance, and to enjoin the District and any | ||||||
| 17 | of its officers, agents, or employees from taking any action | ||||||
| 18 | in conflict with any such contract or covenant, including the | ||||||
| 19 | establishment of charges, fees, and rates for the use of | ||||||
| 20 | facilities as provided in this Act. | ||||||
| 21 | Notwithstanding the form and tenor of any bond, whether | ||||||
| 22 | revenue or general obligation, and in the absence of any | ||||||
| 23 | express recital on the face thereof that it is nonnegotiable, | ||||||
| 24 | all such bonds are negotiable instruments. Pending the | ||||||
| 25 | preparation and execution of any such bonds, temporary bonds | ||||||
| 26 | may be issued with or without interest coupons as may be | ||||||
| |||||||
| |||||||
| 1 | provided by ordinance. | ||||||
| 2 | (Source: P.A. 82-902; revised 7-19-24.)
| ||||||
| 3 | Section 520. The Mt. Carmel Regional Port District Act is | ||||||
| 4 | amended by changing Section 12 as follows:
| ||||||
| 5 | (70 ILCS 1835/12) (from Ch. 19, par. 712) | ||||||
| 6 | Sec. 12. All revenue bonds shall be payable solely from | ||||||
| 7 | the revenues or income to be derived from the terminals, | ||||||
| 8 | terminal facilities, airfields, airports, port facilities, | ||||||
| 9 | aquariums, museums, planetariums, climatrons, and any other | ||||||
| 10 | building or facilities which the District has the power to | ||||||
| 11 | acquire, construct, reconstruct, extend, or improve, or any | ||||||
| 12 | part thereof. The revenue bonds may bear such date or dates and | ||||||
| 13 | may mature at such time or times not exceeding 40 years from | ||||||
| 14 | their respective dates, as may be provided in the ordinance | ||||||
| 15 | authorizing their issuance. Both revenue and general | ||||||
| 16 | obligation bonds may bear interest at such rate or rates as | ||||||
| 17 | permitted in the Bond Authorization Act "An Act to authorize | ||||||
| 18 | public corporations to issue bonds, other evidences of | ||||||
| 19 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 20 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 21 | now or hereafter amended, payable semi-annually, as provided | ||||||
| 22 | in the ordinance authorizing issuance. All bonds, whether | ||||||
| 23 | revenue or general obligations, may be in such form, may carry | ||||||
| 24 | such registration privileges, may be executed in such manner, | ||||||
| |||||||
| |||||||
| 1 | may be payable at such place or places, may be made subject to | ||||||
| 2 | redemption in such manner and upon such terms, with or without | ||||||
| 3 | premium as is stated on the face thereof, may be authenticated | ||||||
| 4 | in such manner and may contain such terms and covenants as | ||||||
| 5 | provided in the ordinance authorizing issuance. | ||||||
| 6 | The holder or holders of any bonds or interest coupons | ||||||
| 7 | attached thereto issued by the District may bring suit to | ||||||
| 8 | compel the performance and observance by the District or any | ||||||
| 9 | of its officers, agents, or employees of any contract or | ||||||
| 10 | covenant made by the District with the holders of such bonds or | ||||||
| 11 | interest coupons and to compel the District and any of its | ||||||
| 12 | officers, agents, or employees to perform any duties required | ||||||
| 13 | to be performed for the benefit of the holders of any such | ||||||
| 14 | bonds or interest coupons by the provision in the ordinance | ||||||
| 15 | authorizing their issuance, and to enjoin the District and any | ||||||
| 16 | of its officers, agents, or employees from taking any action | ||||||
| 17 | in conflict with any such contract or covenant, including the | ||||||
| 18 | establishment of charges, fees, and rates for the use of | ||||||
| 19 | facilities. | ||||||
| 20 | Notwithstanding the form and tenor of any bond, whether | ||||||
| 21 | revenue or general obligation, and in the absence of any | ||||||
| 22 | express recital on the face thereof that it is nonnegotiable, | ||||||
| 23 | all such bonds shall be negotiable instruments. Pending the | ||||||
| 24 | preparation and execution of any such bonds, temporary bonds | ||||||
| 25 | may be issued with or without interest coupons as provided by | ||||||
| 26 | ordinance. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 82-902; revised 7-19-24.)
| ||||||
| 2 | Section 525. The Shawneetown Regional Port District Act is | ||||||
| 3 | amended by changing Section 9 as follows:
| ||||||
| 4 | (70 ILCS 1850/9) (from Ch. 19, par. 409) | ||||||
| 5 | Sec. 9. All revenue bonds shall be payable solely from the | ||||||
| 6 | revenues or income to be derived from the terminals, terminal | ||||||
| 7 | facilities, airfields, airports, or port facilities or any | ||||||
| 8 | part thereof. The bonds may bear such date or dates and may | ||||||
| 9 | mature at such time or times not exceeding 40 years from their | ||||||
| 10 | respective dates, all as may be provided in the ordinance | ||||||
| 11 | authorizing their issuance. All bonds, whether revenue or | ||||||
| 12 | general obligation, may bear interest at such rate or rates as | ||||||
| 13 | permitted in the Bond Authorization Act "An Act to authorize | ||||||
| 14 | public corporations to issue bonds, other evidences of | ||||||
| 15 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 16 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 17 | now or hereafter amended. Such interest may be paid | ||||||
| 18 | semiannually. All such bonds may be in such form, may carry | ||||||
| 19 | such registration privileges, may be executed in such manner, | ||||||
| 20 | may be payable at such place or places, may be made subject to | ||||||
| 21 | redemption in such manner and upon such terms, with or without | ||||||
| 22 | premium as is stated on the face thereof, may be authenticated | ||||||
| 23 | in such manner and may contain such terms and covenants, all as | ||||||
| 24 | may be provided in the ordinance authorizing issuance. | ||||||
| |||||||
| |||||||
| 1 | The holder or holders of any bonds or interest coupons | ||||||
| 2 | appertaining thereto issued by the District may bring civil | ||||||
| 3 | actions to compel the performance and observance by the | ||||||
| 4 | District or any of its officers, agents, or employees of any | ||||||
| 5 | contract or covenant made by the District with the holders of | ||||||
| 6 | such bonds or interest coupons and to compel the District and | ||||||
| 7 | any of its officers, agents, or employees to perform any | ||||||
| 8 | duties required to be performed for the benefit of the holders | ||||||
| 9 | of any such bonds or interest coupons by the provision in the | ||||||
| 10 | ordinance authorizing their issuance, and to enjoin the | ||||||
| 11 | District and any of its officers, agents, or employees from | ||||||
| 12 | taking any action in conflict with any such contract or | ||||||
| 13 | covenant, including the establishment of charges, fees, and | ||||||
| 14 | rates for the use of facilities as hereinafter provided. | ||||||
| 15 | Notwithstanding the form and tenor of any bond, whether | ||||||
| 16 | revenue or general obligation, and in the absence of any | ||||||
| 17 | express recital on the face thereof that it is nonnegotiable, | ||||||
| 18 | all such bonds shall be negotiable instruments. Pending the | ||||||
| 19 | preparation and execution of any such bonds, temporary bonds | ||||||
| 20 | may be issued with or without interest coupons as may be | ||||||
| 21 | provided by ordinance. | ||||||
| 22 | (Source: P.A. 82-902; revised 7-19-24.)
| ||||||
| 23 | Section 530. The Southwest Regional Port District Act is | ||||||
| 24 | amended by changing Sections 10 and 11 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1855/10) (from Ch. 19, par. 460) | ||||||
| 2 | Sec. 10. If the Board desires to issue general obligation | ||||||
| 3 | bonds it shall adopt an ordinance specifying the amount of | ||||||
| 4 | bonds to be issued, the purpose for which they will be issued, | ||||||
| 5 | the maximum rate of interest they will bear which shall not be | ||||||
| 6 | more than that permitted in the Bond Authorization Act "An Act | ||||||
| 7 | to authorize public corporations to issue bonds, other | ||||||
| 8 | evidences of indebtedness and tax anticipation warrants | ||||||
| 9 | subject to interest rate limitations set forth therein", | ||||||
| 10 | approved May 26, 1970, as now or hereafter amended. Such | ||||||
| 11 | interest may be paid semiannually. The ordinance shall also | ||||||
| 12 | specify the date of maturity which shall not be more than 20 | ||||||
| 13 | years after the date of issuance. This ordinance shall not be | ||||||
| 14 | effective until it has been submitted to referendum of, and | ||||||
| 15 | approved by, a majority of the legal voters of the District. | ||||||
| 16 | The Board shall certify its ordinance and the proposition to | ||||||
| 17 | the proper election officials, who shall submit the | ||||||
| 18 | proposition to the voters at an election in accordance with | ||||||
| 19 | the general election law. If a majority of the votes cast upon | ||||||
| 20 | the proposition is in favor of the issuance of such general | ||||||
| 21 | obligation bonds the District shall thereafter be authorized | ||||||
| 22 | to issue and, in accordance with the provisions of Section 13 | ||||||
| 23 | of this Act, to sell the bonds specified in such ordinance and | ||||||
| 24 | to adopt an ordinance levying an annual tax against all of the | ||||||
| 25 | taxable property within the District sufficient to pay the | ||||||
| 26 | maturing principal and interest of such bonds and to file a | ||||||
| |||||||
| |||||||
| 1 | certified copy of both such ordinances in the office of the | ||||||
| 2 | county clerk of St. Clair County. Thereafter, the county clerk | ||||||
| 3 | shall annually extend taxes against all the taxable property | ||||||
| 4 | within the District at the rate specified in such ordinance | ||||||
| 5 | levying such taxes. The aggregate amount of principal of | ||||||
| 6 | general obligation bonds issued under the provisions of this | ||||||
| 7 | Section section of this Act shall not exceed 2.5% of the | ||||||
| 8 | assessed valuation of all taxable property in the District. | ||||||
| 9 | The proposition shall be in substantially the following | ||||||
| 10 | form: | ||||||
| 11 | --------------------------------------------------------
| ||||||
| 12 | Shall general obligation bonds
| ||||||
| 13 | in the amount of $.... be issued YES
| ||||||
| 14 | by the Southwest Regional Port
| ||||||
| 15 | District for the purpose of ....,
| ||||||
| 16 | maturing in not more than .... years, -------------------
| ||||||
| 17 | bearing not more than ....% interest,
| ||||||
| 18 | and a tax levied to pay the principal NO
| ||||||
| 19 | and interest thereof?
| ||||||
| 20 | ------------------------------------------------------------- | ||||||
| 21 | (Source: P.A. 82-902; revised 7-24-24.)
| ||||||
| 22 | (70 ILCS 1855/11) (from Ch. 19, par. 461) | ||||||
| 23 | Sec. 11. All revenue bonds shall be payable solely from | ||||||
| 24 | the revenues or income to be derived from the terminals, | ||||||
| 25 | terminal facilities, airfields, airports, port facilities, | ||||||
| |||||||
| |||||||
| 1 | aquariums, museums, planetariums, climatrons, and any other | ||||||
| 2 | building or facility which the District has the power to | ||||||
| 3 | acquire, construct, reconstruct, extend, or improve, or any | ||||||
| 4 | part thereof. The bonds may bear such date or dates and may | ||||||
| 5 | mature at such time or times not exceeding 40 years from their | ||||||
| 6 | respective dates, all as may be provided in the ordinance | ||||||
| 7 | authorizing their issuance. All general obligation bonds and | ||||||
| 8 | revenue bonds may bear interest at such rate or rates as | ||||||
| 9 | permitted in the Bond Authorization Act "An Act to authorize | ||||||
| 10 | public corporations to issue bonds, other evidences of | ||||||
| 11 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 12 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 13 | now or hereafter amended. Such interest may be paid | ||||||
| 14 | semiannually. All bonds, whether revenue or general | ||||||
| 15 | obligations, may be in such form, may carry such registration | ||||||
| 16 | privileges, may be executed in such manner, may be payable at | ||||||
| 17 | such place or places, may be made subject to redemption in such | ||||||
| 18 | manner and upon such terms, with or without premium as is | ||||||
| 19 | stated on the face thereof, may be authenticated in such | ||||||
| 20 | manner, and may contain such terms and covenants, all as may be | ||||||
| 21 | provided in the ordinance authorizing issuance. | ||||||
| 22 | The holder or holders of any bonds or interest coupons | ||||||
| 23 | appertaining thereto issued by the District may bring civil | ||||||
| 24 | actions to compel the performance and observance by the | ||||||
| 25 | District or any of its officers, agents, or employees of any | ||||||
| 26 | contract or covenant made by the District with the holders of | ||||||
| |||||||
| |||||||
| 1 | such bonds or interest coupons and to compel the District and | ||||||
| 2 | any of its officers, agents, or employees to perform any | ||||||
| 3 | duties required to be performed for the benefit of the holders | ||||||
| 4 | of any such bonds or interest coupons by the provision in the | ||||||
| 5 | ordinance authorizing their issuance, and to enjoin the | ||||||
| 6 | District and any of its officers, agents, or employees from | ||||||
| 7 | taking any action in conflict with any such contract or | ||||||
| 8 | covenant, including the establishment of charges, fees, and | ||||||
| 9 | rates for the use of facilities as hereinafter provided. | ||||||
| 10 | Notwithstanding the form and tenor of any bond, whether | ||||||
| 11 | revenue or general obligation, and in the absence of any | ||||||
| 12 | express recital on the face thereof that it is nonnegotiable, | ||||||
| 13 | all such bonds shall be negotiable instruments. Pending the | ||||||
| 14 | preparation and execution of any such bonds, temporary bonds | ||||||
| 15 | may be issued with or without interest coupons as may be | ||||||
| 16 | provided by ordinance. | ||||||
| 17 | (Source: P.A. 82-902; revised 7-24-24.)
| ||||||
| 18 | Section 535. The America's Central Port District Act is | ||||||
| 19 | amended by changing Section 8 as follows:
| ||||||
| 20 | (70 ILCS 1860/8) (from Ch. 19, par. 291) | ||||||
| 21 | Sec. 8. The District has the continuing power to borrow | ||||||
| 22 | money and issue either general obligation bonds, after | ||||||
| 23 | approval by referendum as hereinafter provided, or revenue | ||||||
| 24 | bonds without referendum approval for the purpose of | ||||||
| |||||||
| |||||||
| 1 | acquiring, constructing, reconstructing, extending, or | ||||||
| 2 | improving terminals, terminal facilities, airfields, airports, | ||||||
| 3 | and port facilities, and for acquiring any property and | ||||||
| 4 | equipment useful for the construction, reconstruction, | ||||||
| 5 | extension, improvement, or operation of its terminals, | ||||||
| 6 | terminal facilities, airfields, airports, and port facilities, | ||||||
| 7 | and for acquiring necessary working cash funds. | ||||||
| 8 | The District may, pursuant to ordinance adopted by the | ||||||
| 9 | Board and without submitting the question to referendum, from | ||||||
| 10 | time to time issue and dispose of its interest bearing revenue | ||||||
| 11 | bonds and may also in the same manner from time to time issue | ||||||
| 12 | and dispose of its interest bearing revenue bonds to refund | ||||||
| 13 | any revenue bonds at maturity or pursuant to redemption | ||||||
| 14 | provisions or at any time before maturity with the consent of | ||||||
| 15 | the holders thereof. | ||||||
| 16 | If the Board desires to issue general obligation bonds it | ||||||
| 17 | shall adopt an ordinance specifying the amount of bonds to be | ||||||
| 18 | issued, the purpose for which they will be issued, the maximum | ||||||
| 19 | rate of interest they will bear which shall not be greater than | ||||||
| 20 | that permitted in the Bond Authorization Act "An Act to | ||||||
| 21 | authorize public corporations to issue bonds, other evidences | ||||||
| 22 | of indebtedness and tax anticipation warrants subject to | ||||||
| 23 | interest rate limitations set forth therein", approved May 26, | ||||||
| 24 | 1970, as now or hereafter amended. Such interest may be paid | ||||||
| 25 | semiannually. The ordinance shall also specify the date of | ||||||
| 26 | maturity which shall not be more than 20 years after the date | ||||||
| |||||||
| |||||||
| 1 | of issuance, and levying a tax that will be required to | ||||||
| 2 | amortize such bonds. This ordinance is not effective until it | ||||||
| 3 | has been submitted to referendum of, and approved by, the | ||||||
| 4 | legal voters of the District. The Board shall certify the | ||||||
| 5 | ordinance and the question to the proper election officials, | ||||||
| 6 | who shall submit the question to the voters at an election in | ||||||
| 7 | accordance with the general election law. If a majority of the | ||||||
| 8 | vote is in favor of the issuance of the general obligation | ||||||
| 9 | bonds the county clerk shall annually extend taxes against all | ||||||
| 10 | taxable property within the District at a rate sufficient to | ||||||
| 11 | pay the maturing principal and interest of these bonds. | ||||||
| 12 | The question shall be in substantially the following form: | ||||||
| 13 | -
| ||||||
| 14 | Shall general obligation bonds
| ||||||
| 15 | in the amount of $.... be issued YES
| ||||||
| 16 | by America's Central Port
| ||||||
| 17 | District for the purpose of .... -------------
| ||||||
| 18 | maturing in not more than .....
| ||||||
| 19 | years, bearing not more than ....% NO
| ||||||
| 20 | interest, and a tax levied to pay
| ||||||
| 21 | the principal and interest thereof?
| ||||||
| 22 | ------------------------------------------------------------- | ||||||
| 23 | (Source: P.A. 98-854, eff. 1-1-15; revised 7-24-24.)
| ||||||
| 24 | Section 540. The Waukegan Port District Act is amended by | ||||||
| 25 | changing Section 9 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1865/9) (from Ch. 19, par. 187) | ||||||
| 2 | Sec. 9. All revenue bonds shall be payable solely from the | ||||||
| 3 | revenues or income to be derived from the terminals, terminal | ||||||
| 4 | facilities, airfields, airports, or port facilities or any | ||||||
| 5 | part thereof. The Bonds may bear such date or dates and may | ||||||
| 6 | mature at such time or times not exceeding 40 years from their | ||||||
| 7 | respective dates, all as may be provided in the ordinance | ||||||
| 8 | authorizing their issuance. All bonds, whether revenue or | ||||||
| 9 | general obligation, may bear interest at such rate or rates | ||||||
| 10 | not to exceed that permitted in the Bond Authorization Act "An | ||||||
| 11 | Act to authorize public corporations to issue bonds, other | ||||||
| 12 | evidences of indebtedness and tax anticipation warrants | ||||||
| 13 | subject to interest rate limitations set forth therein", | ||||||
| 14 | approved May 26, 1970, as now or hereafter amended. Such | ||||||
| 15 | interest may be paid semiannually. All such bonds may be in | ||||||
| 16 | such form, may carry such registration privileges, may be | ||||||
| 17 | executed in such manner, may be payable at such place or | ||||||
| 18 | places, may be made subject to redemption in such manner and | ||||||
| 19 | upon such terms, with or without premium as is stated on the | ||||||
| 20 | face thereof, may be authenticated in such manner, and may | ||||||
| 21 | contain such terms and covenants, all as may be provided in the | ||||||
| 22 | ordinance authorizing issuance. | ||||||
| 23 | The holder or holders of any bonds or interest coupons | ||||||
| 24 | appertaining thereto issued by the District may bring civil | ||||||
| 25 | actions to compel the performance and observance by the | ||||||
| |||||||
| |||||||
| 1 | District or any of its officers, agents, or employees of any | ||||||
| 2 | contract or covenant made by the District with the holders of | ||||||
| 3 | such bonds or interest coupons and to compel the District and | ||||||
| 4 | any of its officers, agents, or employees to perform any | ||||||
| 5 | duties required to be performed for the benefit of the holders | ||||||
| 6 | of any such bonds or interest coupons by the provision in the | ||||||
| 7 | ordinance authorizing their issuance, and to enjoin the | ||||||
| 8 | District and any of its officers, agents, or employees from | ||||||
| 9 | taking any action in conflict with any such contract or | ||||||
| 10 | covenant, including the establishment of charges, fees, and | ||||||
| 11 | rates for the use of facilities as hereinafter provided. | ||||||
| 12 | Notwithstanding the form and tenor of any bond, whether | ||||||
| 13 | revenue or general obligation, and in the absence of any | ||||||
| 14 | express recital on the face thereof that it is nonnegotiable, | ||||||
| 15 | all such bonds shall be negotiable instruments. Pending the | ||||||
| 16 | preparation and execution of any such bonds, temporary bonds | ||||||
| 17 | may be issued with or without interest coupons as may be | ||||||
| 18 | provided by ordinance. | ||||||
| 19 | (Source: P.A. 82-902; revised 7-24-24.)
| ||||||
| 20 | Section 545. The White County Port District Act is amended | ||||||
| 21 | by changing Section 17 as follows:
| ||||||
| 22 | (70 ILCS 1870/17) (from Ch. 19, par. 767) | ||||||
| 23 | Sec. 17. The bonds or certificates shall be sold by the | ||||||
| 24 | corporate authorities of the Port District in such manner as | ||||||
| |||||||
| |||||||
| 1 | the Board determines, except that if issued to bear interest | ||||||
| 2 | at the maximum rate permitted in the Bond Authorization Act | ||||||
| 3 | "An Act to authorize public corporations to issue bonds, other | ||||||
| 4 | evidences of indebtedness and tax anticipation warrants | ||||||
| 5 | subject to interest rate limitations set forth therein", | ||||||
| 6 | approved May 26, 1970, as now or hereafter amended, the bonds | ||||||
| 7 | shall be sold for not less than par and accrued interest, and | ||||||
| 8 | except that the selling price of the bonds bearing interest at | ||||||
| 9 | a rate less than the maximum rate permitted in that Act shall | ||||||
| 10 | be such that the interest cost to the district of the money | ||||||
| 11 | received from the bond sale shall not exceed such maximum rate | ||||||
| 12 | annually computed to absolute maturity of such bonds or | ||||||
| 13 | certificates according to standard tables of bond values. | ||||||
| 14 | (Source: P.A. 82-902; revised 7-26-24.)
| ||||||
| 15 | Section 550. The River Conservancy Districts Act is | ||||||
| 16 | amended by changing Section 11 as follows:
| ||||||
| 17 | (70 ILCS 2105/11) (from Ch. 42, par. 394) | ||||||
| 18 | Sec. 11. (1) The board of trustees of a conservancy | ||||||
| 19 | district incorporated under this Act may acquire, by gift, | ||||||
| 20 | purchase, or lease, land or any of the facilities enumerated | ||||||
| 21 | below, and may construct, develop, operate, extend, and | ||||||
| 22 | improve such facilities: | ||||||
| 23 | (a) Dams and reservoirs for water storage, water | ||||||
| 24 | wells, water purification works, pumping stations, | ||||||
| |||||||
| |||||||
| 1 | conduits, pipe lines, regulating works, and all | ||||||
| 2 | appurtenances required for the production and delivery of | ||||||
| 3 | adequate and pure water to incorporated cities and | ||||||
| 4 | villages, corporations, and persons in unincorporated | ||||||
| 5 | areas within or without the borders of the conservancy | ||||||
| 6 | district. The board is empowered and legally obligated to | ||||||
| 7 | build, operate, and maintain such water facilities, to | ||||||
| 8 | adopt and enforce ordinances for the protection of water | ||||||
| 9 | sources, and to sell water to the incorporated cities and | ||||||
| 10 | villages and the corporations and persons in | ||||||
| 11 | unincorporated areas by meter measurements and at rates | ||||||
| 12 | that will at least defray all fixed, maintenance and | ||||||
| 13 | operating expenses. | ||||||
| 14 | (b) Sewage treatment plants, collector, interceptor, | ||||||
| 15 | and outlet sewers, force mains, conduits, lateral sewers, | ||||||
| 16 | and extensions, pumping stations, ejector stations, and | ||||||
| 17 | all other appurtenances, extensions, or improvements | ||||||
| 18 | necessary or useful and convenient for the sanitary | ||||||
| 19 | collection, treatment, and disposal of sewage and | ||||||
| 20 | industrial wastes. The board may prohibit and disconnect | ||||||
| 21 | storm water drains and outlets where necessary to relieve | ||||||
| 22 | existing sanitary sewers of storm water loads in order to | ||||||
| 23 | assure the efficient and sanitary collection, treatment, | ||||||
| 24 | and disposal of sewage and industrial wastes. The board is | ||||||
| 25 | empowered and legally obligated to establish rates and | ||||||
| 26 | charges for the services of any such sewerage facilities | ||||||
| |||||||
| |||||||
| 1 | that at least defray all fixed, maintenance, and operating | ||||||
| 2 | expenses. | ||||||
| 3 | (c) Lodges, cottages, trailer courts, and camping | ||||||
| 4 | grounds, marinas and related facilities for the | ||||||
| 5 | accommodation and servicing of boats, tennis courts, | ||||||
| 6 | swimming pools, golf courses, skating rinks, skeet ranges, | ||||||
| 7 | playgrounds, stables, bridle paths, and athletic fields, | ||||||
| 8 | picnic grounds and parking areas, convention and | ||||||
| 9 | entertainment centers, and other related buildings and | ||||||
| 10 | facilities for the accommodation and recreation of persons | ||||||
| 11 | visiting the reservoirs owned by the district or from | ||||||
| 12 | which it is drawing a supply of water. Any such | ||||||
| 13 | facilities, when acquired, may be leased by the board to a | ||||||
| 14 | responsible person, firm, or corporation for operation | ||||||
| 15 | over a period not longer than 20 years from the date of the | ||||||
| 16 | lease, or the board may lease, for a period not longer than | ||||||
| 17 | 50 years from the date of the lease, land to a responsible | ||||||
| 18 | person, firm, or corporation for development for any of | ||||||
| 19 | the foregoing recreational purposes and may grant to such | ||||||
| 20 | person, firm, or corporation the right, at the option of | ||||||
| 21 | the person, firm, or corporation, to extend the lease for | ||||||
| 22 | a period not longer than 50 years from the expiration of | ||||||
| 23 | the original lease. If the board determines to operate any | ||||||
| 24 | such recreational facilities, it shall establish for the | ||||||
| 25 | revenue-producing facilities rates and charges which at | ||||||
| 26 | least defray all fixed, maintenance, and operating | ||||||
| |||||||
| |||||||
| 1 | expenses. | ||||||
| 2 | (2) The board of trustees of the Rend Lake Conservancy | ||||||
| 3 | District may acquire, by gift, purchase, or lease, land or | ||||||
| 4 | facilities specified below, and may construct, develop, | ||||||
| 5 | operate, extend, and improve such facilities: | ||||||
| 6 | Industrial projects consisting of one or more buildings | ||||||
| 7 | and other structures, improvements, machinery, and equipment | ||||||
| 8 | suitable for use by any manufacturing, industrial, research, | ||||||
| 9 | or commercial enterprise and any other improvements necessary | ||||||
| 10 | or convenient thereto. Any such facilities, when acquired, may | ||||||
| 11 | be leased for operation for a period not longer than 20 years | ||||||
| 12 | after the date of the commencement of the lease, or the board | ||||||
| 13 | may lease, for a period not longer than 50 years after the date | ||||||
| 14 | of the commencement of the lease, land to a responsible | ||||||
| 15 | person, firm, or corporation for development of any of the | ||||||
| 16 | foregoing industrial projects and may grant to such person, | ||||||
| 17 | firm or corporation the right, at the option of the person, | ||||||
| 18 | firm or corporation, to extend the lease for a period not | ||||||
| 19 | longer than 50 years from the date of expiration of the | ||||||
| 20 | original lease. If the board decides to operate any such | ||||||
| 21 | industrial projects, it shall establish for the revenue | ||||||
| 22 | producing facilities rates and charges which will at least | ||||||
| 23 | defray all fixed, maintenance, and operating expenses. | ||||||
| 24 | However, nothing in Public Act 83-785 this amendatory Act of | ||||||
| 25 | 1983 shall permit the Rend Lake Conservancy District to | ||||||
| 26 | acquire, purchase, lease, construct, develop, operate, or | ||||||
| |||||||
| |||||||
| 1 | extend a facility for the purpose of mining coal. | ||||||
| 2 | (3) For the purpose of developing, operating, or financing | ||||||
| 3 | the cost of any such facilities under subsection (1) or (2), | ||||||
| 4 | the authorized board may combine into one system any 2 or more | ||||||
| 5 | such facilities and may use or pledge the revenues derived | ||||||
| 6 | from one to pay for the other. | ||||||
| 7 | Further, for such purposes, the authorized board shall | ||||||
| 8 | have the express power to execute a note or notes and to | ||||||
| 9 | execute a mortgage or trust deed to secure the payment of such | ||||||
| 10 | notes; such trust deed or mortgage shall cover real estate, or | ||||||
| 11 | some part thereof, or personal property owned by the District | ||||||
| 12 | and the lien of the mortgage shall apply to the real estate or | ||||||
| 13 | personal property so mortgaged by the District, and the | ||||||
| 14 | proceeds of the note or notes may be used for the purposes set | ||||||
| 15 | forth in this Section. | ||||||
| 16 | For purposes of this Section, the authorized board shall | ||||||
| 17 | not execute notes bearing a rate of interest that exceeds the | ||||||
| 18 | rate permitted in the Bond Authorization Act "An Act to | ||||||
| 19 | authorize public corporations to issue bonds, other evidences | ||||||
| 20 | of indebtedness and tax anticipation warrants subject to | ||||||
| 21 | interest rate limitations set forth therein", approved May 26, | ||||||
| 22 | 1970, as now or hereafter amended. | ||||||
| 23 | (Source: P.A. 83-785; revised 7-29-24.)
| ||||||
| 24 | Section 555. The Sanitary District Act of 1907 is amended | ||||||
| 25 | by changing Section 16.2 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 2205/16.2) (from Ch. 42, par. 262.2) | ||||||
| 2 | Sec. 16.2. All bonds issued pursuant to this Act shall | ||||||
| 3 | bear interest at a rate or rates not exceeding that permitted | ||||||
| 4 | by the Bond Authorization Act "An Act to authorize public | ||||||
| 5 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 6 | and tax anticipation warrants subject to interest rate | ||||||
| 7 | limitations set forth therein", approved May 26, 1970, as | ||||||
| 8 | amended. | ||||||
| 9 | (Source: P.A. 83-591; revised 7-31-24.)
| ||||||
| 10 | Section 560. The North Shore Water Reclamation District | ||||||
| 11 | Act is amended by changing Sections 9.1 and 22 as follows:
| ||||||
| 12 | (70 ILCS 2305/9.1) (from Ch. 42, par. 285.1) | ||||||
| 13 | Sec. 9.1. All bonds issued pursuant to this Act shall bear | ||||||
| 14 | interest at a rate or rates not exceeding that permitted by the | ||||||
| 15 | Bond Authorization Act "An Act to authorize public | ||||||
| 16 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 17 | and tax anticipation warrants subject to interest rate | ||||||
| 18 | limitations set forth therein", approved May 26, 1970, as | ||||||
| 19 | amended. | ||||||
| 20 | (Source: P.A. 83-591; revised 7-31-24.)
| ||||||
| 21 | (70 ILCS 2305/22) (from Ch. 42, par. 296.2) | ||||||
| 22 | Sec. 22. When any special assessment is made under this | ||||||
| |||||||
| |||||||
| 1 | Act, the ordinance authorizing such assessment may provide | ||||||
| 2 | that the entire assessment and each individual assessment be | ||||||
| 3 | divided into annual installments, not more than 20 twenty in | ||||||
| 4 | number. In all cases such division shall be made so that all | ||||||
| 5 | installments shall be equal in amount, except that all | ||||||
| 6 | fractional amounts shall be added to the first installment so | ||||||
| 7 | as to leave the remaining installments of the aggregate equal | ||||||
| 8 | in amount and each a multiple of $100. The said several | ||||||
| 9 | installments shall bear interest at a rate not to exceed that | ||||||
| 10 | permitted for public corporation bonds under the Bond | ||||||
| 11 | Authorization Act "An Act to authorize public corporations to | ||||||
| 12 | issue bonds, other evidences of indebtedness and tax | ||||||
| 13 | anticipation warrants subject to interest rate limitations set | ||||||
| 14 | forth therein", approved May 26, 1970, as now or hereafter | ||||||
| 15 | amended, except that for the purposes of this Section, "the | ||||||
| 16 | time the contract is made" shall mean the date of adoption of | ||||||
| 17 | the original ordinance authorizing the assessment; both | ||||||
| 18 | principal and interest shall be payable, collected, and | ||||||
| 19 | enforced as they shall become due in the manner provided for | ||||||
| 20 | the levy, payment, collection, and enforcement of such | ||||||
| 21 | assessments and interest, as provided in Divisions 1 and 2 of | ||||||
| 22 | Article 9 and Division 87 of Article 11 of the "Illinois | ||||||
| 23 | Municipal Code", approved May 29, 1961, as heretofore or | ||||||
| 24 | hereafter amended. | ||||||
| 25 | (Source: P.A. 83-1525; revised 7-31-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 565. The Sanitary District Act of 1917 is amended | ||||||
| 2 | by changing Sections 3, 8.2, 16.3, and 20 as follows:
| ||||||
| 3 | (70 ILCS 2405/3) (from Ch. 42, par. 301) | ||||||
| 4 | Sec. 3. Board of trustees; creation; term. A board of | ||||||
| 5 | trustees shall be created, consisting of 5 members in any | ||||||
| 6 | sanitary district which includes one or more municipalities | ||||||
| 7 | with a population of over 90,000 but less than 500,000 | ||||||
| 8 | according to the most recent Federal census, and consisting of | ||||||
| 9 | 3 members in any other district. However, the board of | ||||||
| 10 | trustees for the Fox River Water Reclamation District, the | ||||||
| 11 | Sanitary District of Decatur, and the Northern Moraine | ||||||
| 12 | Wastewater Reclamation District shall each consist of 5 | ||||||
| 13 | members. Each board of trustees shall be created for the | ||||||
| 14 | government, control, and management of the affairs and | ||||||
| 15 | business of each sanitary district organized under this Act | ||||||
| 16 | and shall be created in the following manner: | ||||||
| 17 | (1) If the district's corporate boundaries are located | ||||||
| 18 | wholly within a single county, the presiding officer of | ||||||
| 19 | the county board, with the advice and consent of the | ||||||
| 20 | county board, shall appoint the trustees for the district; | ||||||
| 21 | (2) If the district's corporate boundaries are located | ||||||
| 22 | in more than one county, the members of the General | ||||||
| 23 | Assembly whose legislative districts encompass any portion | ||||||
| 24 | of the district shall appoint the trustees for the | ||||||
| 25 | district. | ||||||
| |||||||
| |||||||
| 1 | In any sanitary district which shall have a 3-member 3 | ||||||
| 2 | member board of trustees, within 60 days after the adoption of | ||||||
| 3 | such act, the appropriate appointing authority shall appoint | ||||||
| 4 | three trustees not more than 2 of whom shall be from one | ||||||
| 5 | incorporated city, town, or village in districts in which are | ||||||
| 6 | included 2 or more incorporated cities, towns, or villages, or | ||||||
| 7 | parts of 2 or more incorporated cities, towns, or villages, | ||||||
| 8 | who shall hold their office respectively for one 1, 2, and 3 | ||||||
| 9 | years, from the first Monday of May next after their | ||||||
| 10 | appointment and until their successors are appointed and have | ||||||
| 11 | qualified, and thereafter on or before the second Monday in | ||||||
| 12 | April of each year the appropriate appointing authority shall | ||||||
| 13 | appoint one trustee whose term shall be for 3 years commencing | ||||||
| 14 | the first Monday in May of the year in which he is appointed. | ||||||
| 15 | The length of the term of the first trustees shall be | ||||||
| 16 | determined by lot at their first meeting. | ||||||
| 17 | In the case of any sanitary district created after January | ||||||
| 18 | 1, 1978 in which a 5-member 5 member board of trustees is | ||||||
| 19 | required, the appropriate appointing authority shall appoint 5 | ||||||
| 20 | trustees, one of whom shall hold office for one year, two of | ||||||
| 21 | whom shall hold office for 2 years, and 2 of whom shall hold | ||||||
| 22 | office for 3 years from the first Monday of May next after | ||||||
| 23 | their respective appointments and until their successors are | ||||||
| 24 | appointed and have qualified. Thereafter, on or before the | ||||||
| 25 | second Monday in April of each year the appropriate appointing | ||||||
| 26 | authority shall appoint one trustee or 2 trustees, as shall be | ||||||
| |||||||
| |||||||
| 1 | necessary to maintain a 5-member 5 member board of trustees, | ||||||
| 2 | whose terms shall be for 3 years commencing the first Monday in | ||||||
| 3 | May of the year in which they are respectively appointed. The | ||||||
| 4 | length of the terms of the first trustees shall be determined | ||||||
| 5 | by lot at their first meeting. | ||||||
| 6 | In any sanitary district created prior to January 1, 1978 | ||||||
| 7 | in which a 5-member 5 member board of trustees is required as | ||||||
| 8 | of January 1, 1978, the two trustees already serving terms | ||||||
| 9 | which do not expire on May 1, 1978 shall continue to hold | ||||||
| 10 | office for the remainders of their respective terms, and 3 | ||||||
| 11 | trustees shall be appointed by the appropriate appointing | ||||||
| 12 | authority by April 10, 1978 and shall hold office for terms | ||||||
| 13 | beginning May 1, 1978. Of the three new trustees, one shall | ||||||
| 14 | hold office for 2 years and 2 shall hold office for 3 years | ||||||
| 15 | from May 1, 1978 and until their successors are appointed and | ||||||
| 16 | have qualified. Thereafter, on or before the second Monday in | ||||||
| 17 | April of each year the appropriate appointing authority shall | ||||||
| 18 | appoint one trustee or 2 trustees, as shall be necessary to | ||||||
| 19 | maintain a 5-member 5 member board of trustees, whose terms | ||||||
| 20 | shall be for 3 years commencing the first Monday in May of the | ||||||
| 21 | year in which they are respectively appointed. The lengths of | ||||||
| 22 | the terms of the trustees who are to hold office beginning May | ||||||
| 23 | 1, 1978 shall be determined by lot at their first meeting after | ||||||
| 24 | May 1, 1978. | ||||||
| 25 | No more than 3 members of a 5-member 5 member board of | ||||||
| 26 | trustees may be of the same political party; except that in any | ||||||
| |||||||
| |||||||
| 1 | sanitary district which otherwise meets the requirements of | ||||||
| 2 | this Section and which lies within 4 counties of the State of | ||||||
| 3 | Illinois or, prior to April 30, 2008, in the Fox River Water | ||||||
| 4 | Reclamation District; the appointments of the 5 members of the | ||||||
| 5 | board of trustees shall be made without regard to political | ||||||
| 6 | party. Beginning with the appointments made on April 30, 2008, | ||||||
| 7 | all appointments to the board of trustees of the Fox River | ||||||
| 8 | Water Reclamation District shall be made so that no more than 3 | ||||||
| 9 | of the 5 members are from the same political party. | ||||||
| 10 | Beginning with the 2021 municipal election, the board of | ||||||
| 11 | trustees of the Fox Metro Water Reclamation District shall be | ||||||
| 12 | elected as provided in this paragraph. The election of | ||||||
| 13 | trustees shall be in accordance with Section 2A-1.1 of the | ||||||
| 14 | Election Code. Any board member serving on August 23, 2019 | ||||||
| 15 | (the effective date of Public Act 101-523) this amendatory Act | ||||||
| 16 | of the 101st General Assembly whose term does not expire in | ||||||
| 17 | 2021 shall serve until his or her successor is elected and | ||||||
| 18 | qualified. The board of trustees of the Fox Metro Water | ||||||
| 19 | Reclamation District shall: on or before January 1, 2020, | ||||||
| 20 | divide the Fox Metro Water Reclamation District into 5 trustee | ||||||
| 21 | districts and assign the trustee districts to reflect the | ||||||
| 22 | results of the most recent federal decennial census; and | ||||||
| 23 | thereafter, in the year following each decennial census, | ||||||
| 24 | redistrict the trustee districts to reflect the results of the | ||||||
| 25 | most recent census. The board of trustees shall consist of 1 | ||||||
| 26 | elected trustee in each trustee district. A petition for | ||||||
| |||||||
| |||||||
| 1 | nomination for election of a trustee of the Fox Metro Water | ||||||
| 2 | Reclamation District shall contain at least 100 signatures of | ||||||
| 3 | registered voters residing within the Fox Metro Water | ||||||
| 4 | Reclamation District. The trustees shall be elected for | ||||||
| 5 | staggered terms at the election as provided by the Election | ||||||
| 6 | Code. Two trustees shall be elected at the 2021 election, and 3 | ||||||
| 7 | trustees shall be elected at the following consolidated | ||||||
| 8 | election. Elected trustees shall take office on the first | ||||||
| 9 | Tuesday after the first Monday in the month following the | ||||||
| 10 | month of their election and shall hold their offices for 4 | ||||||
| 11 | years and until their successors are elected and qualified. If | ||||||
| 12 | a vacancy occurs before the 2021 election on the board of | ||||||
| 13 | trustees of the Fox Metro Water Reclamation District: (i) the | ||||||
| 14 | District Manager shall, no later than 7 days from the date of | ||||||
| 15 | the vacancy, notify the State legislators representing any | ||||||
| 16 | portion of the District, publish notification of the vacancy | ||||||
| 17 | on the District's website, and send notification of the | ||||||
| 18 | vacancy to local newspapers, radio stations, and television | ||||||
| 19 | stations; (ii) each notification published or sent shall | ||||||
| 20 | contain instructions on how to apply to the District Manager | ||||||
| 21 | for the vacant trustee position; (iii) applications for the | ||||||
| 22 | vacancy shall be accepted for at least 30 days after the date | ||||||
| 23 | the notification of the vacancy was published and sent; (iv) | ||||||
| 24 | applications for the vacancy shall include a letter of | ||||||
| 25 | interest and resume; (v) once the application period has | ||||||
| 26 | closed, the District Manager shall forward all applications | ||||||
| |||||||
| |||||||
| 1 | received to the State legislators notified of the vacancy in | ||||||
| 2 | item (i); (vi) the President of the board of trustees and the | ||||||
| 3 | District Manager shall hold a public meeting with the State | ||||||
| 4 | legislators notified of the vacancy to review all applications | ||||||
| 5 | and, by unanimous vote of all State legislators representing | ||||||
| 6 | any portion of the District, select a candidate to fill the | ||||||
| 7 | trustee vacancy; and (vii) the board of trustees shall appoint | ||||||
| 8 | the selected candidate at the next board of trustees meeting. | ||||||
| 9 | If a vacancy exists after the 2021 election on the board of | ||||||
| 10 | trustees of the Fox Metro Water Reclamation District, the | ||||||
| 11 | vacancy shall be filled by appointment by the president of the | ||||||
| 12 | board of trustees, with the advice and consent of the members | ||||||
| 13 | of the board of trustees, until the next regular election at | ||||||
| 14 | which trustees of the district are elected, and shall be made a | ||||||
| 15 | matter of record in the office of the county clerk in the | ||||||
| 16 | county where the district is located; for a vacancy filled by | ||||||
| 17 | appointment, the portion of the unexpired term remaining after | ||||||
| 18 | the next regular election at which trustees of the district | ||||||
| 19 | are elected shall be filled by election, as provided for in | ||||||
| 20 | this paragraph. | ||||||
| 21 | Within 60 days after the release of Federal census | ||||||
| 22 | statistics showing that a sanitary district having a 3-member | ||||||
| 23 | 3 member board of trustees contains one or more municipalities | ||||||
| 24 | with a population over 90,000 but less than 500,000, or, for | ||||||
| 25 | the Northern Moraine Wastewater Reclamation District, within | ||||||
| 26 | 60 days after September 11, 2007 (the effective date of Public | ||||||
| |||||||
| |||||||
| 1 | Act 95-608) this amendatory Act of the 95th General Assembly, | ||||||
| 2 | the appropriate appointing authority shall appoint 2 | ||||||
| 3 | additional trustees to the board of trustees, one to hold | ||||||
| 4 | office for 2 years and one to hold office for 3 years from the | ||||||
| 5 | first Monday of May next after their appointment and until | ||||||
| 6 | their successors are appointed and have qualified. The lengths | ||||||
| 7 | of the terms of these two additional members shall be | ||||||
| 8 | determined by lot at the first meeting of the board of trustees | ||||||
| 9 | held after the additional members take office. The three | ||||||
| 10 | trustees already holding office in the sanitary district shall | ||||||
| 11 | continue to hold office for the remainders of their respective | ||||||
| 12 | terms. Thereafter, on or before the second Monday in April of | ||||||
| 13 | each year the appropriate appointing authority shall appoint | ||||||
| 14 | one trustee or 2 trustees, as shall be necessary to maintain a | ||||||
| 15 | 5-member 5 member board of trustees, whose terms shall be for 3 | ||||||
| 16 | years commencing the first Monday in May of the year in which | ||||||
| 17 | they are respectively appointed. | ||||||
| 18 | If any sanitary district having a 5-member 5 member board | ||||||
| 19 | of trustees shall cease to contain one or more municipalities | ||||||
| 20 | with a population over 90,000 but less than 500,000 according | ||||||
| 21 | to the most recent Federal census, then, for so long as that | ||||||
| 22 | sanitary district does not contain one or more such | ||||||
| 23 | municipalities, on or before the second Monday in April of | ||||||
| 24 | each year the appropriate appointing authority shall appoint | ||||||
| 25 | one trustee whose term shall be for 3 years commencing the | ||||||
| 26 | first Monday in May of the year in which he is appointed. In | ||||||
| |||||||
| |||||||
| 1 | districts which include 2 or more incorporated cities, towns, | ||||||
| 2 | or villages, or parts of 2 or more incorporated cities, towns, | ||||||
| 3 | or villages, all of the trustees shall not be from one | ||||||
| 4 | incorporated city, town or village. | ||||||
| 5 | If a vacancy occurs on any board of trustees, the | ||||||
| 6 | appropriate appointing authority shall within 60 days appoint | ||||||
| 7 | a trustee who shall hold office for the remainder of the | ||||||
| 8 | vacated term. | ||||||
| 9 | The appointing authority shall require each of the | ||||||
| 10 | trustees to enter into bond, with security to be approved by | ||||||
| 11 | the appointing authority, in such sum as the appointing | ||||||
| 12 | authority may determine. | ||||||
| 13 | A majority of the board of trustees shall constitute a | ||||||
| 14 | quorum but a smaller number may adjourn from day to day. No | ||||||
| 15 | trustee or employee of such district shall be directly or | ||||||
| 16 | indirectly interested in any contract, work or business of the | ||||||
| 17 | district, or the sale of any article, the expense, price, or | ||||||
| 18 | consideration of which is paid by such district; nor in the | ||||||
| 19 | purchase of any real estate or property belonging to the | ||||||
| 20 | district, or which shall be sold for taxes or assessments, or | ||||||
| 21 | by virtue of legal process at the suit of the district. | ||||||
| 22 | Provided, that nothing herein shall be construed as | ||||||
| 23 | prohibiting the appointment or selection of any person as | ||||||
| 24 | trustee or employee whose only interest in the district is as | ||||||
| 25 | owner of real estate in the district or of contributing to the | ||||||
| 26 | payment of taxes levied by the district. The trustees shall | ||||||
| |||||||
| |||||||
| 1 | have the power to provide and adopt a corporate seal for the | ||||||
| 2 | district. | ||||||
| 3 | Notwithstanding any other provision in this Section, in | ||||||
| 4 | any sanitary district created prior to November 22, 1985 (the | ||||||
| 5 | effective date of Public Act 84-1033) this amendatory Act of | ||||||
| 6 | 1985, in which a 5-member five member board of trustees has | ||||||
| 7 | been appointed and which currently includes one or more | ||||||
| 8 | municipalities with a population of over 90,000 but less than | ||||||
| 9 | 500,000, the board of trustees shall consist of five members. | ||||||
| 10 | Except as otherwise provided for vacancies, in the event | ||||||
| 11 | that the appropriate appointing authority fails to appoint a | ||||||
| 12 | trustee under this Section, the appropriate appointing | ||||||
| 13 | authority shall reconvene and appoint a successor on or before | ||||||
| 14 | July 1 of that year. | ||||||
| 15 | (Source: P.A. 101-523, eff. 8-23-19; revised 7-31-24.)
| ||||||
| 16 | (70 ILCS 2405/8.2) (from Ch. 42, par. 307.2) | ||||||
| 17 | Sec. 8.2. All bonds issued pursuant to this Act shall bear | ||||||
| 18 | interest at a rate or rates not exceeding that permitted by the | ||||||
| 19 | Bond Authorization Act "An Act to authorize public | ||||||
| 20 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 21 | and tax anticipation warrants subject to interest rate | ||||||
| 22 | limitations set forth therein", approved May 26, 1970, as | ||||||
| 23 | amended. | ||||||
| 24 | (Source: P.A. 83-591; revised 7-19-24.)
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 2405/16.3) (from Ch. 42, par. 315.3) | ||||||
| 2 | Sec. 16.3. The trustees of any district, having been | ||||||
| 3 | authorized by an election held pursuant to the preceding | ||||||
| 4 | Section, being desirous of exercising such authority, shall | ||||||
| 5 | have an estimate made of the cost of the acquisition of the | ||||||
| 6 | contemplated waterworks, and by ordinance shall provide for | ||||||
| 7 | the issuance of revenue bonds. The ordinance shall set forth a | ||||||
| 8 | brief description of the contemplated waterworks, the | ||||||
| 9 | estimated cost of acquisition or construction thereof, the | ||||||
| 10 | amount, rate of interest, time and place of payment, and other | ||||||
| 11 | details in connection with the issuance of the bonds. The | ||||||
| 12 | bonds shall bear interest at a rate not exceeding that | ||||||
| 13 | permitted by the Bond Authorization Act "An Act to authorize | ||||||
| 14 | public corporations to issue bonds, other evidences of | ||||||
| 15 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 16 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 17 | amended, payable semi-annually, and shall be payable at such | ||||||
| 18 | times and places not exceeding 20 years from their date as | ||||||
| 19 | shall be prescribed in the ordinance providing for their | ||||||
| 20 | issuance. | ||||||
| 21 | This ordinance may contain such covenants and restrictions | ||||||
| 22 | upon the issuance of additional revenue bonds thereafter as | ||||||
| 23 | may be deemed necessary or advisable for the assurance of | ||||||
| 24 | payment of the bonds thereby authorized and as may be | ||||||
| 25 | thereafter issued, and shall pledge the revenues derived from | ||||||
| 26 | the operation of the waterworks for the purpose of paying all | ||||||
| |||||||
| |||||||
| 1 | maintenance and operation costs, principal, and interest on | ||||||
| 2 | all bonds issued under the provisions of this Act, and for | ||||||
| 3 | providing an adequate depreciation fund, which depreciation | ||||||
| 4 | fund is hereby defined for the purposes of this Act to be for | ||||||
| 5 | such replacements as may be necessary from time to time for the | ||||||
| 6 | continued effective and efficient operation of the waterworks | ||||||
| 7 | properties of such district, and such fund shall not be | ||||||
| 8 | allowed to accumulate beyond a reasonable amount necessary for | ||||||
| 9 | that purpose, the terms and provisions of which shall be | ||||||
| 10 | incorporated in the ordinance authorizing the issuance of the | ||||||
| 11 | bonds. | ||||||
| 12 | (Source: P.A. 83-591; revised 7-19-24.)
| ||||||
| 13 | (70 ILCS 2405/20) (from Ch. 42, par. 317b) | ||||||
| 14 | Sec. 20. When any special assessment is made under this | ||||||
| 15 | Act, the ordinance authorizing such assessment may provide | ||||||
| 16 | that the entire assessment and each individual assessment be | ||||||
| 17 | divided into annual installments, not more than 20 twenty in | ||||||
| 18 | number. In all cases such division shall be made so that all | ||||||
| 19 | installments shall be equal in amount, except that all | ||||||
| 20 | fractional amounts shall be added to the first installment so | ||||||
| 21 | as to leave the remaining installments of the aggregate equal | ||||||
| 22 | in amount and each a multiple of $100 one hundred dollars. The | ||||||
| 23 | said several installments shall bear interest at a rate not to | ||||||
| 24 | exceed that permitted for public corporation bonds under the | ||||||
| 25 | Bond Authorization Act "An Act to authorize public | ||||||
| |||||||
| |||||||
| 1 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 2 | and tax anticipation warrants subject to interest rate | ||||||
| 3 | limitations set forth therein", approved May 26, 1970, as now | ||||||
| 4 | or hereafter amended, except that for the purposes of this | ||||||
| 5 | Section, "the time the contract is made" shall mean the date of | ||||||
| 6 | adoption of the original ordinance authorizing the assessment; | ||||||
| 7 | both principal and interest shall be payable, collected, and | ||||||
| 8 | enforced as they shall become due in the manner provided for | ||||||
| 9 | the levy, payment, collection, and enforcement of such | ||||||
| 10 | assessments and interest, as provided in Article 9 and | ||||||
| 11 | Division 87 of Article 11 of the "Illinois Municipal Code," as | ||||||
| 12 | heretofore and hereafter amended. | ||||||
| 13 | (Source: P.A. 83-1525; revised 7-19-24.)
| ||||||
| 14 | Section 570. The Metropolitan Water Reclamation District | ||||||
| 15 | Act is amended by changing Sections 9b, 9d, 9.6, and 10.1 as | ||||||
| 16 | follows:
| ||||||
| 17 | (70 ILCS 2605/9b) (from Ch. 42, par. 328b) | ||||||
| 18 | Sec. 9b. From and after April 1, 1958, the corporate | ||||||
| 19 | authorities of any such sanitary district may by ordinance, | ||||||
| 20 | establish a fund to be known as a "corporate working cash fund" | ||||||
| 21 | which shall be maintained and administered in the manner | ||||||
| 22 | provided by this Act for the purpose of enabling said | ||||||
| 23 | corporate authorities to have in the treasury at all times | ||||||
| 24 | sufficient money to meet demands thereon for ordinary and | ||||||
| |||||||
| |||||||
| 1 | necessary expenditures for corporate purposes. | ||||||
| 2 | The corporate authorities may incur an indebtedness and | ||||||
| 3 | issue bonds therefor in an amount, when added to (a) proceeds | ||||||
| 4 | from the sale of bonds previously issued to create or increase | ||||||
| 5 | the working cash fund (b) any amounts collected from the | ||||||
| 6 | corporate working cash levy and (c) amounts transferred from | ||||||
| 7 | the construction working cash fund, will not exceed 90% of the | ||||||
| 8 | amount produced by multiplying the maximum corporate tax rate | ||||||
| 9 | permitted under this Act by the last known equalized assessed | ||||||
| 10 | valuation of all property within the territorial boundaries of | ||||||
| 11 | the sanitary district at the time any bonds are issued plus 90% | ||||||
| 12 | of the last known entitlement of such district to such taxes as | ||||||
| 13 | by law now or hereafter enacted or amended, imposed by the | ||||||
| 14 | General Assembly of the State of Illinois to replace revenue | ||||||
| 15 | lost by units of local government and school districts as a | ||||||
| 16 | result of the abolition of ad valorem personal property taxes, | ||||||
| 17 | pursuant to Article IX, Section 5(c) of the Constitution of | ||||||
| 18 | the State of Illinois. The bonds shall mature within 20 years | ||||||
| 19 | from the date of issuance and shall bear interest at a rate or | ||||||
| 20 | rates not exceeding that permitted by the Bond Authorization | ||||||
| 21 | Act "An Act to authorize public corporations to issue bonds, | ||||||
| 22 | other evidences of indebtedness and tax anticipation warrants | ||||||
| 23 | subject to interest rate limitations set forth therein", | ||||||
| 24 | approved May 26, 1970, as amended. | ||||||
| 25 | In order to authorize and issue such bonds, the corporate | ||||||
| 26 | authorities shall adopt an ordinance designating the purpose | ||||||
| |||||||
| |||||||
| 1 | and fixing the date and the amount of the bonds proposed to be | ||||||
| 2 | issued, the maturity thereof, the rate of interest thereon, | ||||||
| 3 | place of payment and denomination, and provide for the levy | ||||||
| 4 | and collection of a direct annual tax upon all the taxable | ||||||
| 5 | property of the sanitary district sufficient to pay and | ||||||
| 6 | discharge the principal thereof at maturity, and to pay the | ||||||
| 7 | interest thereon as it falls due. Upon the filing in the office | ||||||
| 8 | of the county clerk of the county where the sanitary district | ||||||
| 9 | is located of a certified copy of any such ordinance, the | ||||||
| 10 | county clerk shall extend the tax therein provided for. | ||||||
| 11 | Said bonds may be issued by the corporate authorities | ||||||
| 12 | without submitting the question of issuance to the legal | ||||||
| 13 | voters of such sanitary district for approval. | ||||||
| 14 | Before or at the time of issuing said corporate working | ||||||
| 15 | cash fund bonds the corporate authorities shall, by ordinance | ||||||
| 16 | provide for the collection of a direct annual tax upon all the | ||||||
| 17 | taxable property of the sanitary district sufficient to pay | ||||||
| 18 | and discharge the principal thereof at maturity, and to pay | ||||||
| 19 | the interest thereon as it falls due. Upon the filing in the | ||||||
| 20 | office of the county clerk of the county where the sanitary | ||||||
| 21 | district is located of a certified copy of any such ordinance, | ||||||
| 22 | the county clerk shall extend the tax therein provided for. | ||||||
| 23 | All moneys derived from the issuance of said corporate | ||||||
| 24 | working cash fund bonds pursuant to this Amendatory Act of | ||||||
| 25 | 1957, when received by the treasurer of the district, shall be | ||||||
| 26 | set apart in the corporate working cash fund. The moneys in | ||||||
| |||||||
| |||||||
| 1 | such fund shall not be regarded as current assets available | ||||||
| 2 | for appropriation and shall not be appropriated by the | ||||||
| 3 | corporate authorities in the annual sanitary district budget, | ||||||
| 4 | but in order to provide moneys with which to meet ordinary and | ||||||
| 5 | necessary disbursements for salaries and other corporate | ||||||
| 6 | purposes may be transferred, in whole or in part, to the | ||||||
| 7 | corporate fund of the sanitary district and so disbursed | ||||||
| 8 | therefrom in anticipation of the collection of any taxes | ||||||
| 9 | lawfully levied for corporate purposes or in the anticipation | ||||||
| 10 | of the receipt of such taxes, as by law now or hereafter | ||||||
| 11 | enacted or amended, imposed by the General Assembly of the | ||||||
| 12 | State of Illinois to replace revenue lost by units of local | ||||||
| 13 | government and school districts as a result of the abolition | ||||||
| 14 | of ad valorem personal property taxes, pursuant to Article IX, | ||||||
| 15 | Section 5(c) of the Constitution of the State of Illinois. | ||||||
| 16 | Moneys transferred to the corporate fund in anticipation of | ||||||
| 17 | the collection of taxes shall be deemed to have been | ||||||
| 18 | transferred in anticipation of the collection of that part of | ||||||
| 19 | the taxes so levied which is in excess of the amount or amounts | ||||||
| 20 | thereof required to pay any warrants or notes, and the | ||||||
| 21 | interest thereon theretofore or thereafter issued, and such | ||||||
| 22 | taxes levied for corporate purposes when collected shall be | ||||||
| 23 | applied first to the payment of any such warrants or notes and | ||||||
| 24 | the interest thereon and then to the reimbursement of the | ||||||
| 25 | corporate working cash fund as hereinafter provided. Upon the | ||||||
| 26 | receipt by the treasurer of the sanitary district of any taxes | ||||||
| |||||||
| |||||||
| 1 | in anticipation of the collection or receipt whereof moneys of | ||||||
| 2 | the corporate working cash fund have been so transferred for | ||||||
| 3 | disbursement, such fund shall immediately be reimbursed | ||||||
| 4 | therefrom until the full amount so transferred has been | ||||||
| 5 | retransferred to said fund. If the taxes in anticipation of | ||||||
| 6 | the collection of which such transfers are made are not | ||||||
| 7 | collected in sufficient amounts to effect a complete | ||||||
| 8 | reimbursement of the working cash fund within the second | ||||||
| 9 | budget year following the year in which said transfer was | ||||||
| 10 | made, of the amounts transferred from the corporate working | ||||||
| 11 | cash fund to the corporate fund, the deficiencies between the | ||||||
| 12 | amounts thus transferred and the amounts repaid from | ||||||
| 13 | collection shall be general obligations of the corporate fund | ||||||
| 14 | until repaid either from taxes in anticipation of which | ||||||
| 15 | transfers were made or from appropriations which may be made | ||||||
| 16 | in the annual sanitary district budgets of sums of money to | ||||||
| 17 | apply on such general obligations or until repaid from both | ||||||
| 18 | the taxes in anticipation of which such transfers were made | ||||||
| 19 | and from appropriations which may be made in the annual | ||||||
| 20 | sanitary district budgets of sums of money to apply on such | ||||||
| 21 | general obligations. | ||||||
| 22 | Moneys shall be transferred from the corporate working | ||||||
| 23 | cash fund to the corporate fund only upon the authority of the | ||||||
| 24 | corporate authorities, which shall by resolution direct the | ||||||
| 25 | treasurer of the sanitary district to make such transfers. The | ||||||
| 26 | resolution shall set forth (a) the taxes or funds in | ||||||
| |||||||
| |||||||
| 1 | anticipation of the collection or receipt of which the | ||||||
| 2 | corporate working cash fund is to be reimbursed, (b) for a | ||||||
| 3 | transfer in anticipation of the extension of real estate | ||||||
| 4 | taxes, the entire amount of taxes extended, or which the board | ||||||
| 5 | shall estimate will be extended, for any year by the county | ||||||
| 6 | clerk upon the books of the collectors of State state and | ||||||
| 7 | county taxes within the sanitary district in anticipation of | ||||||
| 8 | all or part of which such transfer is to be made, (c) for a | ||||||
| 9 | transfer in anticipation of such taxes, hereinabove referred | ||||||
| 10 | to, to replace revenue lost by units of local government and | ||||||
| 11 | school districts as a result of the abolition of ad valorem | ||||||
| 12 | personal property taxes, the amount of such taxes which the | ||||||
| 13 | board shall estimate will be received, (d) the aggregate | ||||||
| 14 | amount of warrants or notes theretofore issued in anticipation | ||||||
| 15 | of the collection of such taxes, (e) the aggregate amount of | ||||||
| 16 | receipts from taxes imposed to replace revenue lost by units | ||||||
| 17 | of local government and school districts as a result of the | ||||||
| 18 | abolition of ad valorem personal property taxes, pursuant to | ||||||
| 19 | Article IX, Section 5(c) of the Constitution of the State of | ||||||
| 20 | Illinois, which the corporate authorities estimate will be set | ||||||
| 21 | aside for the payment of the proportionate amount of debt | ||||||
| 22 | service and pension or retirement obligations, as required by | ||||||
| 23 | Section 12 of the State Revenue Sharing Act "An Act in relation | ||||||
| 24 | to State Revenue Sharing with local government entities", | ||||||
| 25 | approved July 31, 1969, as amended, and (f) the aggregate | ||||||
| 26 | amount of moneys theretofore transferred from the corporate | ||||||
| |||||||
| |||||||
| 1 | working cash fund to the corporate fund in anticipation of the | ||||||
| 2 | collection of such taxes. The amount which the resolution | ||||||
| 3 | shall direct the treasurer of the sanitary district so to | ||||||
| 4 | transfer in anticipation of the collection of taxes levied or | ||||||
| 5 | to be received for any year, together with the aggregate | ||||||
| 6 | amount of such anticipation tax warrants or notes theretofore | ||||||
| 7 | drawn against such taxes, the amount estimated to be required | ||||||
| 8 | to satisfy debt service and pension or retirement obligations, | ||||||
| 9 | as set forth in Section 12 of the State Revenue Sharing Act "An | ||||||
| 10 | Act in relation to State revenue sharing with local government | ||||||
| 11 | entities", approved July 31, 1969, as amended, and the | ||||||
| 12 | aggregate amount of such transfers theretofore made in | ||||||
| 13 | anticipation of the collection of such taxes shall not exceed | ||||||
| 14 | 100% of the actual or estimated amount of such taxes extended | ||||||
| 15 | or to be extended or to be received as set forth in the | ||||||
| 16 | resolution. When moneys are available in the corporate working | ||||||
| 17 | cash fund they shall be transferred to the corporate fund and | ||||||
| 18 | disbursed for the payment of salaries and other corporate | ||||||
| 19 | expenses so as to avoid, or reduce in amount, whenever | ||||||
| 20 | possible, the issuance of tax anticipation warrants or notes. | ||||||
| 21 | Any member of the board of commissioners of said sanitary | ||||||
| 22 | district or any officer thereof or any other person holding | ||||||
| 23 | any other position of trust or employment under the said | ||||||
| 24 | board, who is guilty of the wilful violation of any of the | ||||||
| 25 | provisions of this Amendatory Act of 1957, shall be guilty of a | ||||||
| 26 | business offense and shall be fined not exceeding $10,000 and | ||||||
| |||||||
| |||||||
| 1 | shall forfeit his right to his office, trust, or employment | ||||||
| 2 | and shall be removed therefrom. Any such member, officer, or | ||||||
| 3 | person shall be liable for any sum that may be unlawfully | ||||||
| 4 | diverted from the corporate working cash fund or otherwise | ||||||
| 5 | used, to be recovered by the corporate authorities of said | ||||||
| 6 | sanitary district or by any taxpayer in the name and for the | ||||||
| 7 | benefit of said board of commissioners in an appropriate civil | ||||||
| 8 | action. A taxpayer so suing shall file a bond for and shall be | ||||||
| 9 | liable for, all costs, taxed against the board of | ||||||
| 10 | commissioners in such a suit. Nothing herein shall bar any | ||||||
| 11 | other remedies. | ||||||
| 12 | The authority granted by this Amendatory Act of 1957 shall | ||||||
| 13 | be cumulative authority for the issuance of bonds and shall | ||||||
| 14 | not be held to repeal any laws with respect thereto. | ||||||
| 15 | (Source: P.A. 89-574, eff. 1-1-97; revised 7-19-24.)
| ||||||
| 16 | (70 ILCS 2605/9d) (from Ch. 42, par. 328d) | ||||||
| 17 | Sec. 9d. All bonds, notes, or other evidences of | ||||||
| 18 | indebtedness issued pursuant to this Act shall be sold at such | ||||||
| 19 | price and upon such terms as determined by the Board of | ||||||
| 20 | Commissioners and which will not cause the net effective | ||||||
| 21 | interest rate to be paid by the sanitary district to exceed | ||||||
| 22 | that permitted by the Bond Authorization Act "An Act to | ||||||
| 23 | authorize public corporations to issue bonds, other evidences | ||||||
| 24 | of indebtedness and tax anticipation warrants subject to | ||||||
| 25 | interest rate limitations set forth therein", approved May 26, | ||||||
| |||||||
| |||||||
| 1 | 1970, as now or hereafter amended. | ||||||
| 2 | (Source: P.A. 84-208; revised 7-19-24.)
| ||||||
| 3 | (70 ILCS 2605/9.6) (from Ch. 42, par. 328.6) | ||||||
| 4 | Sec. 9.6. Without submitting the issuance thereof to the | ||||||
| 5 | legal voters of the Sanitary District for approval the | ||||||
| 6 | corporate authorities thereof by ordinance may authorize bonds | ||||||
| 7 | for the purpose of refunding the principal of its bonds | ||||||
| 8 | whenever proceeds of taxes levied therefor shall not have been | ||||||
| 9 | received in time to pay such principal at its maturity. | ||||||
| 10 | The refunding bonds may be exchanged par for par for such | ||||||
| 11 | bonds or refunding bonds may be sold at not less than their par | ||||||
| 12 | value and the proceeds received shall be used to pay such bonds | ||||||
| 13 | and in any event the bonds refunded shall be cancelled upon the | ||||||
| 14 | delivery of the refunding bonds. The refunding bonds shall | ||||||
| 15 | mature 10 years from their date and may bear interest at a rate | ||||||
| 16 | not exceeding that permitted by the Bond Authorization Act "An | ||||||
| 17 | Act to authorize public corporations to issue bonds, other | ||||||
| 18 | evidences of indebtedness and tax anticipation warrants | ||||||
| 19 | subject to interest rate limitations set forth therein", | ||||||
| 20 | approved May 26, 1970, as amended. After the cancellation of | ||||||
| 21 | the bonds refunded the money thereafter received from the | ||||||
| 22 | proceeds of the delinquent taxes, the non-collection of which | ||||||
| 23 | made necessary such refunding, shall be paid into a special | ||||||
| 24 | sinking fund for the payment of the refunding bonds and may be | ||||||
| 25 | used by the treasurer of such sanitary district in the | ||||||
| |||||||
| |||||||
| 1 | purchase of such refunding bonds at not to exceed their par | ||||||
| 2 | value and accrued interest and any refunding bonds so | ||||||
| 3 | purchased shall be cancelled and the tax next to be extended | ||||||
| 4 | for payment of the refunding bonds shall be reduced in the | ||||||
| 5 | amount of the refunding bonds so cancelled. If any such money | ||||||
| 6 | shall not have been used in the purchase of refunding bonds, | ||||||
| 7 | such money shall be set aside in a fund to be used for payment | ||||||
| 8 | of the interest and principal of such refunding bonds as the | ||||||
| 9 | same shall mature and the tax or taxes next to be extended for | ||||||
| 10 | such payment shall be reduced by the amount so set aside. An | ||||||
| 11 | ordinance shall be adopted annually during the term of the | ||||||
| 12 | refunding bonds, finding the amount of refunding bonds so | ||||||
| 13 | purchased from the proceeds of such delinquent taxes, and the | ||||||
| 14 | amount of money on hand received from the collection of such | ||||||
| 15 | delinquent taxes not used in purchasing refunding bonds, and | ||||||
| 16 | directing the reduction in that amount of the tax next to be | ||||||
| 17 | extended for payment of the refunding bonds and a certified | ||||||
| 18 | copy thereof shall be filed in the office of the county clerk, | ||||||
| 19 | whereupon it shall be the duty of such official to reduce and | ||||||
| 20 | extend such tax levy in accordance therewith. | ||||||
| 21 | (Source: P.A. 83-591; revised 7-19-24.)
| ||||||
| 22 | (70 ILCS 2605/10.1) (from Ch. 42, par. 329a) | ||||||
| 23 | Sec. 10.1. Every sanitary district shall also have the | ||||||
| 24 | power to construct a sewerage system or drainage system to | ||||||
| 25 | serve a particular locality within its corporate limits or to | ||||||
| |||||||
| |||||||
| 1 | extend or improve an existing sewerage system or drainage | ||||||
| 2 | system, for the purpose of serving a particular locality | ||||||
| 3 | within the sanitary district not theretofore served by its | ||||||
| 4 | existing sewerage system or drainage system, and to pay the | ||||||
| 5 | cost thereof by the issuance and sale of revenue bonds of the | ||||||
| 6 | sanitary district, payable solely from the revenue derived | ||||||
| 7 | from the operation of the sewerage system or drainage system, | ||||||
| 8 | constructed or acquired for that particular locality, or from | ||||||
| 9 | the revenue to be derived from the operation of the | ||||||
| 10 | improvements and extensions of an existing system. | ||||||
| 11 | These bonds may be issued for maturities not exceeding 40 | ||||||
| 12 | years from the date of the bonds and in such amounts as may be | ||||||
| 13 | necessary to provide sufficient funds to pay all the costs of | ||||||
| 14 | the improvement, or extension, or construction, or acquisition | ||||||
| 15 | for improvement and extension of the sewerage system or | ||||||
| 16 | drainage system, including engineering, legal, and other | ||||||
| 17 | expenses, together with interest, to a date 6 months | ||||||
| 18 | subsequent to the estimated date of completion. These bonds | ||||||
| 19 | shall bear interest at a rate not exceeding that permitted by | ||||||
| 20 | the Bond Authorization Act "An Act to authorize public | ||||||
| 21 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 22 | and tax anticipation warrants subject to interest rate | ||||||
| 23 | limitations set forth therein", approved May 26, 1970, as | ||||||
| 24 | amended, payable semi-annually. Bonds issued under this Act | ||||||
| 25 | are negotiable instruments. They shall be executed by the | ||||||
| 26 | presiding officer and clerk of the sanitary district, or such | ||||||
| |||||||
| |||||||
| 1 | other officer or officers as the trustees may, by resolution, | ||||||
| 2 | designate, and shall be sealed with the sanitary district | ||||||
| 3 | corporate seal. In case any officer whose signature appears on | ||||||
| 4 | the bonds or coupons ceases to hold that office before the | ||||||
| 5 | bonds are delivered, his signature nevertheless, shall be | ||||||
| 6 | valid and sufficient for all purposes, the same as though he | ||||||
| 7 | had remained in office until the bonds were delivered. The | ||||||
| 8 | bonds shall be sold in such manner and upon such terms as the | ||||||
| 9 | board of trustees shall determine. | ||||||
| 10 | Bonds issued under this Section section are payable from | ||||||
| 11 | revenue derived from the operation of that sewerage system or | ||||||
| 12 | drainage system or improvement or extension. These bonds shall | ||||||
| 13 | not, in any event, constitute an indebtedness of the sanitary | ||||||
| 14 | district, within the meaning of any constitutional or | ||||||
| 15 | statutory limitation, and it shall be so stated on the face of | ||||||
| 16 | each bond. The face of each bond shall also contain a | ||||||
| 17 | description of the locality for which that system or | ||||||
| 18 | improvement or extension is constructed and acquired. | ||||||
| 19 | (Source: P.A. 83-591; revised 7-22-24.)
| ||||||
| 20 | Section 575. The Sanitary District Act of 1936 is amended | ||||||
| 21 | by changing Sections 11.1, 26c, 29, 32b.1, and 32e as follows:
| ||||||
| 22 | (70 ILCS 2805/11.1) (from Ch. 42, par. 422.1) | ||||||
| 23 | Sec. 11.1. All bonds issued pursuant to this Act shall | ||||||
| 24 | bear interest at a rate or rates not exceeding that permitted | ||||||
| |||||||
| |||||||
| 1 | by the Bond Authorization Act "An Act to authorize public | ||||||
| 2 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 3 | and tax anticipation warrants subject to interest rate | ||||||
| 4 | limitations set forth therein", approved May 26, 1970, as | ||||||
| 5 | amended. | ||||||
| 6 | (Source: P.A. 83-591; revised 7-22-24.)
| ||||||
| 7 | (70 ILCS 2805/26c) (from Ch. 42, par. 437c) | ||||||
| 8 | Sec. 26c. The trustees of any district, having been | ||||||
| 9 | authorized by an election held pursuant to the preceding | ||||||
| 10 | section, being desirous of exercising such authority, shall | ||||||
| 11 | have an estimate made of the cost of the acquisition of the | ||||||
| 12 | contemplated drainage system, and by ordinance shall provide | ||||||
| 13 | for the issuance of revenue bonds. The ordinance shall set | ||||||
| 14 | forth a brief description of the contemplated drainage system, | ||||||
| 15 | the estimated cost of acquisition or construction thereof, the | ||||||
| 16 | amount, rate of interest, time and place of payment, and other | ||||||
| 17 | details in connection with the issuance of the bonds. The | ||||||
| 18 | bonds shall bear interest at a rate not exceeding that | ||||||
| 19 | permitted by the Bond Authorization Act "An Act to authorize | ||||||
| 20 | public corporations to issue bonds, other evidences of | ||||||
| 21 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 22 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 23 | amended, payable semiannually, and shall be payable at such | ||||||
| 24 | times and places not exceeding 20 years from their date as | ||||||
| 25 | shall be prescribed in the ordinance providing for their | ||||||
| |||||||
| |||||||
| 1 | issuance. | ||||||
| 2 | This ordinance may contain such covenants and restrictions | ||||||
| 3 | upon the issuance of additional revenue bonds thereafter as | ||||||
| 4 | may be deemed necessary or advisable for the assurance of | ||||||
| 5 | payment of the bonds thereby authorized and as may be | ||||||
| 6 | thereafter issued, and shall pledge the revenues derived from | ||||||
| 7 | the operation of the drainage system for the purpose of paying | ||||||
| 8 | all maintenance and operation costs, principal, and interest | ||||||
| 9 | on all bonds issued under the provisions of this Act, and for | ||||||
| 10 | providing an adequate depreciation fund, which depreciation | ||||||
| 11 | fund is hereby defined for the purposes of this Act to be for | ||||||
| 12 | such replacements as may be necessary from time to time for the | ||||||
| 13 | continued effective and efficient operation of the drainage | ||||||
| 14 | system properties of such district, and such fund shall not be | ||||||
| 15 | allowed to accumulate beyond a reasonable amount necessary for | ||||||
| 16 | that purpose, the terms and provisions of which shall be | ||||||
| 17 | incorporated in the ordinance authorizing the issuance of the | ||||||
| 18 | bonds. | ||||||
| 19 | (Source: P.A. 83-591; revised 7-22-24.)
| ||||||
| 20 | (70 ILCS 2805/29) (from Ch. 42, par. 440) | ||||||
| 21 | Sec. 29. When any special assessment is made under this | ||||||
| 22 | Act, the ordinance authorizing such assessment may provide | ||||||
| 23 | that the entire assessment and each individual assessment be | ||||||
| 24 | divided into annual installments, not more than 20 twenty in | ||||||
| 25 | number. In all cases such division shall be made so that all | ||||||
| |||||||
| |||||||
| 1 | installments shall be equal in amount, except that all | ||||||
| 2 | fractional amounts shall be added to the first installment so | ||||||
| 3 | as to leave the remaining installments of the aggregate equal | ||||||
| 4 | in amount and each a multiple of $100 one hundred dollars. The | ||||||
| 5 | said several installments shall bear interest at a rate not to | ||||||
| 6 | exceed that permitted for public corporation bonds under the | ||||||
| 7 | Bond Authorization Act "An Act to authorize public | ||||||
| 8 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 9 | and tax anticipation warrants subject to interest rate | ||||||
| 10 | limitations set forth therein", approved May 26, 1970, as now | ||||||
| 11 | or hereafter amended, except that for the purposes of this | ||||||
| 12 | Section, "the time the contract is made" shall mean the date of | ||||||
| 13 | adoption of the original ordinance authorizing the assessment; | ||||||
| 14 | both principal and interest shall be payable, collected and | ||||||
| 15 | enforced as they shall become due in the manner provided for | ||||||
| 16 | the levy, payment, collection and enforcement of such | ||||||
| 17 | assessments and interest, as provided in Division 2 of Article | ||||||
| 18 | 9 of the "Illinois Municipal Code", approved May 29, 1961, as | ||||||
| 19 | heretofore and hereafter amended. | ||||||
| 20 | (Source: P.A. 83-1525; revised 7-22-24.)
| ||||||
| 21 | (70 ILCS 2805/32b.1) (from Ch. 42, par. 443b.1) | ||||||
| 22 | Sec. 32b.1. The board of trustees of any sanitary district | ||||||
| 23 | created hereunder, after receiving a petition in writing, | ||||||
| 24 | signed by not less than 50% of the legal voters and not less | ||||||
| 25 | than 50% of the record owners of land in any contiguous | ||||||
| |||||||
| |||||||
| 1 | territory situated within such sanitary district, shall have | ||||||
| 2 | the power, by the issuance of revenue bonds, or by special | ||||||
| 3 | assessment, as determined by ordinance of the board of | ||||||
| 4 | trustees, to purchase or construct waterworks within such | ||||||
| 5 | contiguous territory and thereafter operate, maintain, | ||||||
| 6 | improve, and extend such waterworks as defined in this Act. | ||||||
| 7 | Such petition, when submitted to the board of trustees, shall | ||||||
| 8 | contain an estimate of the cost of the purchase or | ||||||
| 9 | construction of such waterworks. The ordinance to provide for | ||||||
| 10 | the purchase or construction of such waterworks shall be | ||||||
| 11 | adopted only by a vote of a majority of the members of the | ||||||
| 12 | board of trustees. Such ordinance shall contain an accurate | ||||||
| 13 | description of the territory which will be affected by the | ||||||
| 14 | purchase or construction of the waterworks, and the costs of | ||||||
| 15 | such purchase, construction, improvement, or extension shall | ||||||
| 16 | be paid solely by the issuance and sale of revenue bonds of the | ||||||
| 17 | district secured by and payable solely from the revenue to be | ||||||
| 18 | derived from the operation of such waterworks, or by special | ||||||
| 19 | assessment, as the case may be. | ||||||
| 20 | Revenue bonds provided for in this Section may be issued | ||||||
| 21 | in such amounts as may be necessary to provide sufficient | ||||||
| 22 | funds to pay all costs of purchasing or constructing such | ||||||
| 23 | waterworks, including engineering, legal, and other expenses. | ||||||
| 24 | Such bonds shall bear interest at a rate not exceeding the rate | ||||||
| 25 | permitted by the Bond Authorization Act "An Act to authorize | ||||||
| 26 | public corporations to issue bonds, other evidences of | ||||||
| |||||||
| |||||||
| 1 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 2 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 3 | amended, payable semi-annually, and shall be payable at such | ||||||
| 4 | times and places not exceeding 30 years from their date as | ||||||
| 5 | shall be prescribed in the ordinance providing for their | ||||||
| 6 | issuance. However, if the board of trustees determines by | ||||||
| 7 | ordinance that the purchase and construction of such | ||||||
| 8 | waterworks is to be secured and paid by special assessment, | ||||||
| 9 | then the proceedings for making, levying, collecting, and | ||||||
| 10 | enforcing any special assessment levied hereunder, the letting | ||||||
| 11 | of contracts, the issuance of special assessment bonds, the | ||||||
| 12 | performance of the work, and all other matters required or | ||||||
| 13 | pertaining to the purchase or construction and making of the | ||||||
| 14 | improvements or extensions shall be as provided in Division 2 | ||||||
| 15 | of Article 9 of the Illinois Municipal Code, as heretofore and | ||||||
| 16 | hereafter amended. Whenever in said Division 2 the words "city | ||||||
| 17 | council" or the words "board of local improvements" are used, | ||||||
| 18 | the same shall apply to the board of trustees constituted by | ||||||
| 19 | this Act, and the word "mayor" or "president of the board of | ||||||
| 20 | local improvement" shall apply to the president of the board | ||||||
| 21 | of trustees constituted by this Act, and the words applying to | ||||||
| 22 | the city or its officers in that Article shall be held to apply | ||||||
| 23 | to the sanitary district created under this Act and its | ||||||
| 24 | officers. | ||||||
| 25 | (Source: P.A. 83-673; revised 7-22-24.)
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 2805/32e) (from Ch. 42, par. 443e) | ||||||
| 2 | Sec. 32e. The trustees of any district, having been | ||||||
| 3 | authorized by an election held pursuant to Section 32d, and | ||||||
| 4 | being desirous of exercising such authority, shall have an | ||||||
| 5 | estimate made of the cost of the acquisition or construction | ||||||
| 6 | of the contemplated waterworks, and by ordinance shall provide | ||||||
| 7 | for the method of financing such acquisition or construction. | ||||||
| 8 | The ordinance shall set forth a brief description of the | ||||||
| 9 | contemplated waterworks, the estimated cost of acquisition or | ||||||
| 10 | construction thereof, the method of financing such acquisition | ||||||
| 11 | or construction, the amount, rate of interest, time and place | ||||||
| 12 | of payment, and other details in connection with the issuance | ||||||
| 13 | of any bonds necessary therefor. If all or part of such | ||||||
| 14 | financing is to be by issuance of revenue bonds, such bonds | ||||||
| 15 | shall bear interest at not exceeding the rate permitted by the | ||||||
| 16 | Bond Authorization Act "An Act to authorize public | ||||||
| 17 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 18 | and tax anticipation warrants subject to interest rate | ||||||
| 19 | limitations set forth therein", approved May 26, 1970, as | ||||||
| 20 | amended, payable semi-annually, and shall be payable at such | ||||||
| 21 | times and places not exceeding 30 years from their date as | ||||||
| 22 | shall be prescribed in the ordinance providing for their | ||||||
| 23 | issuance. | ||||||
| 24 | This ordinance may contain such covenants and restrictions | ||||||
| 25 | upon the issuance of additional revenue bonds thereafter as | ||||||
| 26 | may be deemed necessary or advisable for the assurance of | ||||||
| |||||||
| |||||||
| 1 | payment of the bonds thereby authorized and as may be | ||||||
| 2 | thereafter issued, and shall pledge the revenues derived from | ||||||
| 3 | the operation of the waterworks for the purpose of paying all | ||||||
| 4 | maintenance and operation costs, principal and interest on all | ||||||
| 5 | bonds issued under the provisions of this Act, and for | ||||||
| 6 | providing an adequate depreciation fund, which depreciation | ||||||
| 7 | fund is hereby defined for the purposes of this Act to be for | ||||||
| 8 | such replacements as may be necessary from time to time for the | ||||||
| 9 | continued effective and efficient operation of the waterworks | ||||||
| 10 | properties of such district, and such fund shall not be | ||||||
| 11 | allowed to accumulate beyond a reasonable amount necessary for | ||||||
| 12 | that purpose, the terms and provisions of which shall be | ||||||
| 13 | incorporated in the ordinance authorizing the issuance of the | ||||||
| 14 | revenue bonds. | ||||||
| 15 | (Source: P.A. 83-591; revised 7-18-24.)
| ||||||
| 16 | Section 580. The Sanitary District Refunding Bond Act is | ||||||
| 17 | amended by changing Section 1 as follows:
| ||||||
| 18 | (70 ILCS 3005/1) (from Ch. 42, par. 298.1) | ||||||
| 19 | Sec. 1. The corporate authorities of any sanitary | ||||||
| 20 | district, without submitting the question to the electors | ||||||
| 21 | thereof for approval, may authorize by ordinance the issuance | ||||||
| 22 | of refunding bonds (1) to refund its bonds prior to their | ||||||
| 23 | maturity; (2) to refund its unpaid matured bonds; (3) to | ||||||
| 24 | refund matured coupons evidencing interest upon its unpaid | ||||||
| |||||||
| |||||||
| 1 | bonds; (4) to refund interest at the coupon rate upon its | ||||||
| 2 | unpaid matured bonds that has accrued since the maturity of | ||||||
| 3 | those bonds; and (5) to refund its bonds which by their terms | ||||||
| 4 | are subject to redemption before maturity. | ||||||
| 5 | The refunding bonds may be made registerable as to | ||||||
| 6 | principal and may bear interest at a rate of not to exceed that | ||||||
| 7 | permitted by the Bond Authorization Act "An Act to authorize | ||||||
| 8 | public corporations to issue bonds, other evidences of | ||||||
| 9 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 10 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 11 | amended, payable at such time and place as may be provided in | ||||||
| 12 | the bond ordinance. The refunding bonds shall remain valid | ||||||
| 13 | even though one or more of the officers executing the bonds | ||||||
| 14 | ceases to hold his or their offices before the bonds are | ||||||
| 15 | delivered. | ||||||
| 16 | (Source: P.A. 83-591; revised 7-18-24.)
| ||||||
| 17 | Section 585. The Sanitary District Revenue Bond Act is | ||||||
| 18 | amended by changing Section 2a as follows:
| ||||||
| 19 | (70 ILCS 3010/2a) (from Ch. 42, par. 319.2a) | ||||||
| 20 | Sec. 2a. Every sanitary district has the power to | ||||||
| 21 | construct or acquire, and to improve, extend, and operate a | ||||||
| 22 | sewerage system. Any sanitary district that owns and operates | ||||||
| 23 | or that may hereafter own and operate a sewerage system also | ||||||
| 24 | has the power, when determined by its board of trustees to be | ||||||
| |||||||
| |||||||
| 1 | in the public interest and necessary for the protection of the | ||||||
| 2 | public health, to enter into and perform contracts, whether | ||||||
| 3 | long-term or short-term, with any industrial establishment for | ||||||
| 4 | the provision and operation by the sanitary district of | ||||||
| 5 | sewerage facilities to abate or reduce the pollution of water | ||||||
| 6 | caused by discharges of industrial wastes by the industrial | ||||||
| 7 | establishment and the payment periodically by the industrial | ||||||
| 8 | establishment to the sanitary district of amounts at least | ||||||
| 9 | sufficient, in the determination of such board of trustees, to | ||||||
| 10 | compensate the sanitary district for the cost of providing | ||||||
| 11 | (including payment of principal and interest charges, if any), | ||||||
| 12 | and of operating and maintaining the sewerage facilities | ||||||
| 13 | serving such industrial establishment. | ||||||
| 14 | Every sanitary district has the power to borrow money from | ||||||
| 15 | the Reconstruction Finance Corporation, the Public Works | ||||||
| 16 | Administration, or from any other source, for the purpose of | ||||||
| 17 | improving or extending or for the purpose of constructing or | ||||||
| 18 | acquiring and improving and extending a sewerage system and as | ||||||
| 19 | evidence thereof, to issue its revenue bonds, payable solely | ||||||
| 20 | from the revenue derived from the operation of the sewerage | ||||||
| 21 | system by that sanitary district. These bonds may be issued | ||||||
| 22 | for maturities not exceeding forty years from the date of the | ||||||
| 23 | bonds, and in such amounts as may be necessary to provide | ||||||
| 24 | sufficient funds to pay all the costs of the improvement or | ||||||
| 25 | extension or construction or acquisition and improvement and | ||||||
| 26 | extension of the sewerage system, including engineering, legal | ||||||
| |||||||
| |||||||
| 1 | and other expenses, together with interest, to a date six | ||||||
| 2 | months subsequent to the estimated date of completion. These | ||||||
| 3 | bonds shall bear interest at a rate not exceeding that | ||||||
| 4 | permitted by the Bond Authorization Act "An Act to authorize | ||||||
| 5 | public corporations to issue bonds, other evidences of | ||||||
| 6 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 7 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 8 | amended, payable semiannually. Bonds issued under this Act are | ||||||
| 9 | negotiable instruments. They shall be executed by the | ||||||
| 10 | presiding officer and clerk of the sanitary district and shall | ||||||
| 11 | be sealed with the sanitary district's corporate seal. In case | ||||||
| 12 | any officer whose signature appears on the bonds or coupons | ||||||
| 13 | ceases to hold that office before the bonds are delivered, his | ||||||
| 14 | signature, nevertheless, shall be valid and sufficient for all | ||||||
| 15 | purposes, the same as though he had remained in office until | ||||||
| 16 | the bonds were delivered. The bonds shall be sold in such | ||||||
| 17 | manner and upon such terms as the board of trustees shall | ||||||
| 18 | determine. | ||||||
| 19 | (Source: P.A. 83-591; revised 7-18-24.)
| ||||||
| 20 | Section 590. The Sanitary Districts Corporate Notes Act is | ||||||
| 21 | amended by changing Section 1 as follows:
| ||||||
| 22 | (70 ILCS 3015/1) (from Ch. 42, par. 319.31) | ||||||
| 23 | Sec. 1. Any sanitary district, including the district | ||||||
| 24 | organized under the Metropolitan Water Reclamation District | ||||||
| |||||||
| |||||||
| 1 | Act "An Act to create sanitary districts and to remove | ||||||
| 2 | obstructions in Illinois and Des Plaines Rivers", approved May | ||||||
| 3 | 29, 1889, as amended, is authorized to issue from time to time | ||||||
| 4 | general obligation corporate notes in an amount not to exceed | ||||||
| 5 | 85% of the corporate taxes levied for the year during which | ||||||
| 6 | said notes are issued, provided no such notes shall be issued | ||||||
| 7 | at any time there are tax anticipation warrants outstanding | ||||||
| 8 | against the corporate tax levied for the year during which | ||||||
| 9 | such notes are issued. Such notes shall mature within two | ||||||
| 10 | years from date and shall bear interest at a rate per annum not | ||||||
| 11 | exceeding the maximum rate authorized by the Bond | ||||||
| 12 | Authorization Act "An Act to authorize public corporations to | ||||||
| 13 | issue bonds, other evidences of indebtedness and tax | ||||||
| 14 | anticipation warrants subject to interest rate limitations set | ||||||
| 15 | forth therein", approved May 26, 1970, as now or hereafter | ||||||
| 16 | amended. | ||||||
| 17 | In order to authorize and issue such notes, the corporate | ||||||
| 18 | authorities shall adopt an ordinance fixing the amount of | ||||||
| 19 | notes, the date thereof, the form thereof, the maturity | ||||||
| 20 | thereof, terms of redemption prior to maturity, rate of | ||||||
| 21 | interest thereon, place of payment and denomination, which | ||||||
| 22 | shall be in multiples of $1,000, and provide for the levy and | ||||||
| 23 | collection of a direct annual tax upon all the taxable | ||||||
| 24 | property in the sanitary district sufficient to pay the | ||||||
| 25 | principal of and interest on such notes to maturity. Upon the | ||||||
| 26 | filing in the office of the county clerk County Clerk of the | ||||||
| |||||||
| |||||||
| 1 | county in which the sanitary district is located of a | ||||||
| 2 | certified copy of such ordinance, it shall be the duty of the | ||||||
| 3 | county clerk County Clerk to extend the tax therefor in | ||||||
| 4 | addition to and in excess of all other taxes heretofore or | ||||||
| 5 | hereafter authorized to be levied by such sanitary district. | ||||||
| 6 | The corporate authorities may sell such notes at private | ||||||
| 7 | or public sale and enter into any contract or agreement | ||||||
| 8 | necessary, appropriate, or incidental to the exercise of the | ||||||
| 9 | powers granted by this Act, including, without limitation, | ||||||
| 10 | contracts or agreements for the sale and purchase of such | ||||||
| 11 | notes and the payment of costs and expenses incident thereto. | ||||||
| 12 | The corporate authorities may pay such costs and expenses, in | ||||||
| 13 | whole or in part, from the corporate fund. | ||||||
| 14 | From and after such notes have been issued as provided for | ||||||
| 15 | by this Act, while such notes are outstanding, it shall be the | ||||||
| 16 | duty of the county clerk County Clerk in computing the tax rate | ||||||
| 17 | for corporate purposes of any such district to reduce the rate | ||||||
| 18 | for corporate purposes by the amount levied to pay the | ||||||
| 19 | principal of and interest on the notes authorized by this Act; | ||||||
| 20 | provided the tax rate shall not be reduced beyond the amount | ||||||
| 21 | necessary to reimburse any money borrowed from the working | ||||||
| 22 | cash fund, and it shall be the duty of the clerk Clerk of the | ||||||
| 23 | sanitary district annually, not less than thirty days prior to | ||||||
| 24 | the tax extension date, to certify to the county clerk County | ||||||
| 25 | Clerk the amount of money borrowed from the working cash fund | ||||||
| 26 | to be reimbursed from the corporate tax levy. | ||||||
| |||||||
| |||||||
| 1 | No reimbursement shall be made to the working cash fund | ||||||
| 2 | until there has been accumulated from the tax levy provided | ||||||
| 3 | for the notes, an amount sufficient to pay the principal of and | ||||||
| 4 | interest on such notes to maturity. | ||||||
| 5 | (Source: P.A. 82-976; revised 7-18-24.)
| ||||||
| 6 | Section 595. The Solid Waste Disposal District Act is | ||||||
| 7 | amended by changing Section 20 as follows:
| ||||||
| 8 | (70 ILCS 3105/20) (from Ch. 85, par. 1670) | ||||||
| 9 | Sec. 20. Whenever a district does not have sufficient | ||||||
| 10 | money in its treasury to meet all necessary expenses and | ||||||
| 11 | liabilities thereof, it may issue tax anticipation warrants. | ||||||
| 12 | Such issue of tax anticipation warrants shall be subject to | ||||||
| 13 | the provisions of Section 2 of the Warrants and Jurors | ||||||
| 14 | Certificates Act "An Act to provide for the manner of issuing | ||||||
| 15 | warrants upon the treasurer of the State or of any county, | ||||||
| 16 | township, or other municipal corporation or quasi municipal | ||||||
| 17 | corporation, or of any farm drainage district, river district, | ||||||
| 18 | drainage and levee district, fire protection district and | ||||||
| 19 | jurors' certificates", approved June 27, 1913, as now and | ||||||
| 20 | hereafter amended. | ||||||
| 21 | (Source: P.A. 76-1204; revised 7-17-24.)
| ||||||
| 22 | Section 600. The Illinois Sports Facilities Authority Act | ||||||
| 23 | is amended by changing Section 13 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 3205/13) (from Ch. 85, par. 6013) | ||||||
| 2 | Sec. 13. Bonds and notes. | ||||||
| 3 | (A) (1) The Authority may at any time and from time to time | ||||||
| 4 | issue bonds and notes for any corporate purpose, including the | ||||||
| 5 | establishment of reserves and the payment of interest and | ||||||
| 6 | costs of issuance. In this Act, the term "bonds" includes | ||||||
| 7 | notes of any kind, interim certificates, refunding bonds, or | ||||||
| 8 | any other evidence of obligation for borrowed money issued | ||||||
| 9 | under this Section 13. Bonds may be issued in one or more | ||||||
| 10 | series and may be payable and secured either on a parity with | ||||||
| 11 | or separately from other bonds. | ||||||
| 12 | (2) The bonds of any issue shall be payable solely from all | ||||||
| 13 | or any part of the property or revenues of the Authority, | ||||||
| 14 | including, without limitation: | ||||||
| 15 | (i) Rents, rates, fees, charges, or other revenues | ||||||
| 16 | payable to or any receipts of the Authority, including | ||||||
| 17 | amounts which are deposited pursuant to the Act with a | ||||||
| 18 | trustee for bondholders; | ||||||
| 19 | (ii) Payments by financial institutions, insurance | ||||||
| 20 | companies, or others pursuant to letters or lines of | ||||||
| 21 | credit, policies of insurance, or purchase agreements; | ||||||
| 22 | (iii) Investment earnings from funds or accounts | ||||||
| 23 | maintained pursuant to a bond resolution or trust | ||||||
| 24 | agreement; and | ||||||
| 25 | (iv) Proceeds of refunding bonds. | ||||||
| |||||||
| |||||||
| 1 | (3) Bonds may be authorized by a resolution of the | ||||||
| 2 | Authority and may be secured by a trust agreement by and | ||||||
| 3 | between the Authority and a corporate trustee or trustees, | ||||||
| 4 | which may be any trust company or bank having the powers of a | ||||||
| 5 | trust company within or without the State. Bonds may: | ||||||
| 6 | (i) Mature at a time or times, whether as serial bonds | ||||||
| 7 | or as term bonds or both, not exceeding 40 years from their | ||||||
| 8 | respective dates of issue; | ||||||
| 9 | (ii) Notwithstanding the provisions provision of the | ||||||
| 10 | Bond Authorization Act "An Act to authorize public | ||||||
| 11 | corporations to issue bonds, other evidences of | ||||||
| 12 | indebtedness and tax anticipation warrants subject to | ||||||
| 13 | interest rate limitations set forth therein", approved May | ||||||
| 14 | 26, 1970, as now or hereafter amended, or any other | ||||||
| 15 | provision of law, bear interest at any fixed or variable | ||||||
| 16 | rate or rates determined by the method provided in the | ||||||
| 17 | resolution or trust agreement; | ||||||
| 18 | (iii) Be payable at a time or times, in the | ||||||
| 19 | denominations and form, either coupon or registered or | ||||||
| 20 | both, and carry the registration and privileges as to | ||||||
| 21 | exchange, transfer, or conversion and for the replacement | ||||||
| 22 | of mutilated, lost, or destroyed bonds as the resolution | ||||||
| 23 | or trust agreement may provide; | ||||||
| 24 | (iv) Be payable in lawful money of the United States | ||||||
| 25 | at a designated place; | ||||||
| 26 | (v) Be subject to the terms of purchase, payment, | ||||||
| |||||||
| |||||||
| 1 | redemption, refunding, or refinancing that the resolution | ||||||
| 2 | or trust agreement provides; | ||||||
| 3 | (vi) Be executed by the manual or facsimile signatures | ||||||
| 4 | of the officers of the Authority designated by the | ||||||
| 5 | Authority which signatures shall be valid at delivery even | ||||||
| 6 | for one who has ceased to hold office; and | ||||||
| 7 | (vii) Be sold in the manner and upon the terms | ||||||
| 8 | determined by the Authority. | ||||||
| 9 | (B) Any resolution or trust agreement may contain | ||||||
| 10 | provisions which shall be a part of the contract with the | ||||||
| 11 | holders of the bonds as to: | ||||||
| 12 | (1) Pledging, assigning, or directing the use, | ||||||
| 13 | investment, or disposition of all or any part of the | ||||||
| 14 | revenues of the Authority or proceeds or benefits of any | ||||||
| 15 | contract, including, without limit, any management | ||||||
| 16 | agreement or assistance agreement and conveying or | ||||||
| 17 | otherwise securing any property or property rights; | ||||||
| 18 | (2) The setting aside of loan funding deposits, debt | ||||||
| 19 | service reserves, capitalized interest accounts, | ||||||
| 20 | replacement or operating reserves, cost of issuance | ||||||
| 21 | accounts and sinking funds, and the regulation, | ||||||
| 22 | investment, and disposition thereof; | ||||||
| 23 | (3) Limitations on the purposes to which or the | ||||||
| 24 | investments in which the proceeds of sale of any issue of | ||||||
| 25 | bonds or the Authority's revenues and receipts may be | ||||||
| 26 | applied or made; | ||||||
| |||||||
| |||||||
| 1 | (4) Limitations on the issue of additional bonds, the | ||||||
| 2 | terms upon which additional bonds may be issued and | ||||||
| 3 | secured, the terms upon which additional bonds may rank on | ||||||
| 4 | a parity with, or be subordinate or superior to, other | ||||||
| 5 | bonds; | ||||||
| 6 | (5) The refunding, advance refunding, or refinancing | ||||||
| 7 | of outstanding bonds; | ||||||
| 8 | (6) The procedure, if any, by which the terms of any | ||||||
| 9 | contract with bondholders may be altered or amended and | ||||||
| 10 | the amount of bonds and holders of which must consent | ||||||
| 11 | thereto, and the manner in which consent shall be given; | ||||||
| 12 | (7) Defining the acts or omissions which shall | ||||||
| 13 | constitute a default in the duties of the Authority to | ||||||
| 14 | holders of bonds and providing the rights or remedies of | ||||||
| 15 | such holders in the event of a default which may include | ||||||
| 16 | provisions restricting individual right of action by | ||||||
| 17 | bondholders; | ||||||
| 18 | (8) Providing for guarantees, pledges of property, | ||||||
| 19 | letters of credit, or other security, or insurance for the | ||||||
| 20 | benefit of bondholders; and | ||||||
| 21 | (9) Any other matter relating to the bonds which the | ||||||
| 22 | Authority determines appropriate. | ||||||
| 23 | (C) No member of the Authority nor any person executing | ||||||
| 24 | the bonds shall be liable personally on the bonds or subject to | ||||||
| 25 | any personal liability by reason of the issuance of the bonds. | ||||||
| 26 | (D) The Authority may enter into agreements with agents, | ||||||
| |||||||
| |||||||
| 1 | banks, insurers, or others for the purpose of enhancing the | ||||||
| 2 | marketability of or security for its bonds. | ||||||
| 3 | (E)(1) A pledge by the Authority of revenues and receipts | ||||||
| 4 | as security for an issue of bonds or for the performance of its | ||||||
| 5 | obligations under any management agreement or assistance | ||||||
| 6 | agreement shall be valid and binding from the time when the | ||||||
| 7 | pledge is made. | ||||||
| 8 | (2) The revenues and receipts pledged shall immediately be | ||||||
| 9 | subject to the lien of the pledge without any physical | ||||||
| 10 | delivery or further act, and the lien of any pledge shall be | ||||||
| 11 | valid and binding against any person having any claim of any | ||||||
| 12 | kind in tort, contract, or otherwise against the Authority, | ||||||
| 13 | irrespective of whether the person has notice. | ||||||
| 14 | (3) No resolution, trust agreement, management agreement, | ||||||
| 15 | or assistance agreement or any financing statement, | ||||||
| 16 | continuation statement, or other instrument adopted or entered | ||||||
| 17 | into by the Authority need be filed or recorded in any public | ||||||
| 18 | record other than the records of the Authority in order to | ||||||
| 19 | perfect the lien against third persons, regardless of any | ||||||
| 20 | contrary provision of law. | ||||||
| 21 | (F) The Authority may issue bonds to refund, advance | ||||||
| 22 | refund, or refinance any of its bonds then outstanding, | ||||||
| 23 | including the payment of any redemption premium and any | ||||||
| 24 | interest accrued or to accrue to the earliest or any | ||||||
| 25 | subsequent date of redemption, purchase, or maturity of the | ||||||
| 26 | bonds. Refunding or advance refunding bonds may be issued for | ||||||
| |||||||
| |||||||
| 1 | the public purposes of realizing savings in the effective | ||||||
| 2 | costs of debt service, directly or through a debt | ||||||
| 3 | restructuring, for alleviating impending or actual default, or | ||||||
| 4 | for paying principal of, redemption premium, if any, and | ||||||
| 5 | interest on bonds as they mature or are subject to redemption, | ||||||
| 6 | and may be issued in one or more series in an amount in excess | ||||||
| 7 | of that of the bonds to be refunded. | ||||||
| 8 | (G) At no time shall the total outstanding bonds and notes | ||||||
| 9 | of the Authority issued under this Section 13 exceed (i) | ||||||
| 10 | $150,000,000 in connection with facilities owned by the | ||||||
| 11 | Authority or in connection with other authorized corporate | ||||||
| 12 | purposes of the Authority and (ii) $399,000,000 in connection | ||||||
| 13 | with facilities owned by a governmental owner other than the | ||||||
| 14 | Authority; however, the limit on the total outstanding bond | ||||||
| 15 | and notes set forth in this sentence shall not apply to any | ||||||
| 16 | refunding or restructuring bonds issued by the Authority on | ||||||
| 17 | and after June 17, 2021 (the effective date of Public Act | ||||||
| 18 | 102-16) this amendatory Act of the 102nd General Assembly but | ||||||
| 19 | prior to December 31, 2024. Bonds which are being paid or | ||||||
| 20 | retired by issuance, sale, or delivery of bonds or notes, and | ||||||
| 21 | bonds or notes for which sufficient funds have been deposited | ||||||
| 22 | with the paying agent or trustee to provide for payment of | ||||||
| 23 | principal and interest thereon, and any redemption premium, as | ||||||
| 24 | provided in the authorizing resolution, shall not be | ||||||
| 25 | considered outstanding for the purposes of this paragraph. | ||||||
| 26 | (H) The bonds and notes of the Authority shall not be | ||||||
| |||||||
| |||||||
| 1 | indebtedness of the City of Chicago, of the State, or of any | ||||||
| 2 | political subdivision of the State other than the Authority. | ||||||
| 3 | The bonds and notes of the Authority are not general | ||||||
| 4 | obligations of the State of Illinois or the City of Chicago, or | ||||||
| 5 | of any other political subdivision of the State other than the | ||||||
| 6 | Authority, and are not secured by a pledge of the full faith | ||||||
| 7 | and credit of the State of Illinois or the City of Chicago, or | ||||||
| 8 | of any other political subdivision of the State other than the | ||||||
| 9 | Authority, and the holders of bonds and notes of the Authority | ||||||
| 10 | may not require the levy or imposition by the State or the City | ||||||
| 11 | of Chicago, or any other political subdivision of the State | ||||||
| 12 | other than the Authority, of any taxes or, except as provided | ||||||
| 13 | in this Act, the application of revenues or funds of the State | ||||||
| 14 | of Illinois or the City of Chicago or any other political | ||||||
| 15 | subdivision of the State other than the Authority to the | ||||||
| 16 | payment of bonds and notes of the Authority. | ||||||
| 17 | (I) In order to provide for the payment of debt service | ||||||
| 18 | requirements (including amounts for reserve funds and to pay | ||||||
| 19 | the costs of credit enhancements) on bonds issued pursuant to | ||||||
| 20 | this Act, the Authority may provide in any trust agreement | ||||||
| 21 | securing such bonds for a pledge and assignment of its right to | ||||||
| 22 | all amounts to be received from the Illinois Sports Facilities | ||||||
| 23 | Fund and for a pledge and assignment (subject to the terms of | ||||||
| 24 | any management agreement or assistance agreement) of all taxes | ||||||
| 25 | and other amounts to be received under Section 19 of this Act | ||||||
| 26 | and may further provide by written notice to the State | ||||||
| |||||||
| |||||||
| 1 | Treasurer and State Comptroller (which notice shall constitute | ||||||
| 2 | a direction to those officers) for a direct payment of these | ||||||
| 3 | amounts to the trustee for its bondholders. | ||||||
| 4 | (J) The State of Illinois pledges to and agrees with the | ||||||
| 5 | holders of the bonds and notes of the Authority issued | ||||||
| 6 | pursuant to this Act that the State will not limit or alter the | ||||||
| 7 | rights and powers vested in the Authority by this Act so as to | ||||||
| 8 | impair the terms of any contract made by the Authority with | ||||||
| 9 | such holders or in any way impair the rights and remedies of | ||||||
| 10 | such holders until such bonds and notes, together with | ||||||
| 11 | interest thereon, with interest on any unpaid installments of | ||||||
| 12 | interest, and all costs and expenses in connection with any | ||||||
| 13 | action or proceedings by or on behalf of such holders, are | ||||||
| 14 | fully met and discharged. In addition, the State pledges to | ||||||
| 15 | and agrees with the holders of the bonds and notes of the | ||||||
| 16 | Authority issued pursuant to this Act that the State will not | ||||||
| 17 | limit or alter the basis on which State funds are to be | ||||||
| 18 | allocated, deposited and paid to the Authority as provided in | ||||||
| 19 | this Act, or the use of such funds, so as to impair the terms | ||||||
| 20 | of any such contract. The Authority is authorized to include | ||||||
| 21 | these pledges and agreements of the State in any contract with | ||||||
| 22 | the holders of bonds or notes issued pursuant to this Section. | ||||||
| 23 | Nothing in Public Act 102-16 this amendatory Act of the 102nd | ||||||
| 24 | General Assembly is intended to limit or alter the rights and | ||||||
| 25 | powers of the Authority so as to impair the terms of any | ||||||
| 26 | contract made by the Authority with the holders of the bonds | ||||||
| |||||||
| |||||||
| 1 | and notes of the Authority issued pursuant to this Act. | ||||||
| 2 | (Source: P.A. 102-16, eff. 6-17-21; revised 7-25-24.)
| ||||||
| 3 | Section 605. The Downstate Illinois Sports Facilities | ||||||
| 4 | Authority Act is amended by changing Section 100 as follows:
| ||||||
| 5 | (70 ILCS 3210/100) | ||||||
| 6 | Sec. 100. Bonds and notes. | ||||||
| 7 | (a) (1) The Authority may at any time and from time to time | ||||||
| 8 | issue bonds and notes for any corporate purpose, including the | ||||||
| 9 | establishment of reserves and the payment of interest and | ||||||
| 10 | costs of issuance. In this Act, the term "bonds" includes | ||||||
| 11 | notes of any kind, interim certificates, refunding bonds, or | ||||||
| 12 | any other evidence of obligation for borrowed money issued | ||||||
| 13 | under this Section 100. Bonds may be issued in one or more | ||||||
| 14 | series and may be payable and secured either on a parity with | ||||||
| 15 | or separately from other bonds. | ||||||
| 16 | (2) The bonds of any issue shall be payable solely from all | ||||||
| 17 | or any part of the property or revenues of the Authority, | ||||||
| 18 | including, without limitation: | ||||||
| 19 | (i) Rents, rates, fees, charges, or other revenues | ||||||
| 20 | payable to or any receipts of the Authority, including | ||||||
| 21 | amounts which are deposited pursuant to the Act with a | ||||||
| 22 | trustee for bondholders; | ||||||
| 23 | (ii) Payments by financial institutions, insurance | ||||||
| 24 | companies, or others pursuant to letters or lines of | ||||||
| |||||||
| |||||||
| 1 | credit, policies of insurance, or purchase agreements; | ||||||
| 2 | (iii) Investment earnings from funds or accounts | ||||||
| 3 | maintained pursuant to a bond resolution or trust | ||||||
| 4 | agreement; and | ||||||
| 5 | (iv) Proceeds of refunding bonds. | ||||||
| 6 | (3) Bonds may be authorized by a resolution of the | ||||||
| 7 | Authority and may be secured by a trust agreement by and | ||||||
| 8 | between the Authority and a corporate trustee or trustees, | ||||||
| 9 | which may be any trust company or bank having the powers of a | ||||||
| 10 | trust company within or without the State. Bonds may: | ||||||
| 11 | (i) Mature at a time or times, whether as serial | ||||||
| 12 | bonds, as term bonds, or as both, not exceeding 40 years | ||||||
| 13 | from their respective dates of issue; | ||||||
| 14 | (ii) Notwithstanding the provisions provision of the | ||||||
| 15 | Bond Authorization Act "An Act to authorize public | ||||||
| 16 | corporations to issue bonds, other evidences of | ||||||
| 17 | indebtedness and tax anticipation warrants subject to | ||||||
| 18 | interest rate limitations set forth therein", approved May | ||||||
| 19 | 26, 1970, as now or hereafter amended, or any other | ||||||
| 20 | provision of law, bear interest at any fixed or variable | ||||||
| 21 | rate or rates determined by the method provided in the | ||||||
| 22 | resolution or trust agreement; | ||||||
| 23 | (iii) Be payable at a time or times, in the | ||||||
| 24 | denominations and form, either coupon, or registered, or | ||||||
| 25 | both, and carry the registration and privileges as to | ||||||
| 26 | exchange, transfer or conversion and for the replacement | ||||||
| |||||||
| |||||||
| 1 | of mutilated, lost or destroyed bonds as the resolution or | ||||||
| 2 | trust agreement may provide; | ||||||
| 3 | (iv) Be payable in lawful money of the United States | ||||||
| 4 | at a designated place; | ||||||
| 5 | (v) Be subject to the terms of purchase, payment, | ||||||
| 6 | redemption, refunding, or refinancing that the resolution | ||||||
| 7 | or trust agreement provides; | ||||||
| 8 | (vi) Be executed by the manual or facsimile signatures | ||||||
| 9 | of the officers of the Authority designated by the | ||||||
| 10 | Authority which signatures shall be valid at delivery even | ||||||
| 11 | for one who has ceased to hold office; and | ||||||
| 12 | (vii) Be sold in the manner and upon the terms | ||||||
| 13 | determined by the Authority. | ||||||
| 14 | (b) Any resolution or trust agreement may contain | ||||||
| 15 | provisions which shall be part of the contract with the | ||||||
| 16 | holders of the bonds as to: | ||||||
| 17 | (1) Pledging, assigning, or directing the use, | ||||||
| 18 | investment, or disposition of all or any part of the | ||||||
| 19 | revenues of the Authority or proceeds or benefits of any | ||||||
| 20 | contract, including, without limit, any management | ||||||
| 21 | agreement or assistance agreement and conveying or | ||||||
| 22 | otherwise securing any property or property rights; | ||||||
| 23 | (2) The setting aside of loan funding deposits, debt | ||||||
| 24 | service reserves, capitalized interest accounts, | ||||||
| 25 | replacement or operating reserves, cost of issuance | ||||||
| 26 | accounts and sinking funds, and the regulation, | ||||||
| |||||||
| |||||||
| 1 | investment, and disposition thereof; | ||||||
| 2 | (3) Limitations on the purposes to which or the | ||||||
| 3 | investments in which the proceeds of sale of any issue of | ||||||
| 4 | bonds or the Authority's revenues and receipts may be | ||||||
| 5 | applied or made; | ||||||
| 6 | (4) Limitations on the issue of additional bonds, the | ||||||
| 7 | terms upon which additional bonds may be issued and | ||||||
| 8 | secured, the terms upon which additional bonds may rank on | ||||||
| 9 | a parity with, or be subordinate or superior to, other | ||||||
| 10 | bonds; | ||||||
| 11 | (5) The refinancing, advance refunding, or refinancing | ||||||
| 12 | of outstanding bonds; | ||||||
| 13 | (6) The procedure, if any, by which the terms of any | ||||||
| 14 | contract with bondholders may be altered or amended and | ||||||
| 15 | the amount of bonds and holders of which must consent | ||||||
| 16 | thereto, and the manner in which consent shall be given; | ||||||
| 17 | (7) Defining the acts or omissions which shall | ||||||
| 18 | constitute a default in the duties of the Authority to | ||||||
| 19 | holders of bonds and providing the rights or remedies of | ||||||
| 20 | such holders in the event of a default which may include | ||||||
| 21 | provisions restricting individual right of action by | ||||||
| 22 | bondholders; | ||||||
| 23 | (8) Providing for guarantees, pledges of property, | ||||||
| 24 | letters of credit, or other security, or insurance for the | ||||||
| 25 | benefit of bondholders; and | ||||||
| 26 | (9) Any other matter relating to the bonds which the | ||||||
| |||||||
| |||||||
| 1 | Authority determines appropriate. | ||||||
| 2 | (c) No member of the Authority nor any person executing | ||||||
| 3 | the bonds shall be liable personally on the bonds or subject to | ||||||
| 4 | any personal liability by reason of the issuance of the bonds. | ||||||
| 5 | (d) The Authority may enter into agreements with agents, | ||||||
| 6 | banks, insurers, or others for the purpose of enhancing the | ||||||
| 7 | marketability of or security for its bonds. | ||||||
| 8 | (e) (1) A pledge by the Authority of revenues and receipts | ||||||
| 9 | as security for an issue of bonds or for the performance of its | ||||||
| 10 | obligations under any management agreement or assistance | ||||||
| 11 | agreement shall be valid and binding from the time when the | ||||||
| 12 | pledge is made. | ||||||
| 13 | (2) The revenues and receipts pledged shall | ||||||
| 14 | immediately be subject to the lien of the pledge without | ||||||
| 15 | any physical delivery or further act, and the lien of any | ||||||
| 16 | pledge shall be valid and binding against any person | ||||||
| 17 | having any claim of any kind in tort, contract, or | ||||||
| 18 | otherwise against the Authority, irrespective of whether | ||||||
| 19 | the person has notice. | ||||||
| 20 | (3) No resolution, trust agreement, management | ||||||
| 21 | agreement, or assistance agreement or any financing | ||||||
| 22 | statement, continuation statement, or other instrument | ||||||
| 23 | adopted or entered into by the Authority need be filed or | ||||||
| 24 | recorded in any public record other than the records of | ||||||
| 25 | the Authority in order to perfect the lien against third | ||||||
| 26 | persons, regardless of any contrary provision of law. | ||||||
| |||||||
| |||||||
| 1 | (f) The Authority may issue bonds to refund, advance | ||||||
| 2 | refund, or refinance any of its bonds then outstanding, | ||||||
| 3 | including the payment of any redemption premium and any | ||||||
| 4 | interest accrued or to accrue to the earliest or any | ||||||
| 5 | subsequent date of redemption, purchase or maturity of the | ||||||
| 6 | bonds. Refunding or advance refunding bonds may be issued for | ||||||
| 7 | the public purposes of realizing savings in the effective | ||||||
| 8 | costs of debt service, directly or through a debt | ||||||
| 9 | restructuring, for alleviating impending or actual default, or | ||||||
| 10 | for paying principal of, redemption premium, if any, and | ||||||
| 11 | interest on bonds as they mature or are subject to redemption, | ||||||
| 12 | and may be issued in one or more series in an amount in excess | ||||||
| 13 | of that of the bonds to be refunded. | ||||||
| 14 | (g) At no time shall the total outstanding bonds and notes | ||||||
| 15 | of the Authority issued under this Section 100 exceed (i) | ||||||
| 16 | $40,000,000 in connection with facilities owned by the | ||||||
| 17 | Authority; and (ii) $40,000,000 in connection with facilities | ||||||
| 18 | owned by a governmental owner other than the Authority. Bonds | ||||||
| 19 | which are being paid or retired by issuance, sale, or delivery | ||||||
| 20 | of bonds or notes, and bonds or notes for which sufficient | ||||||
| 21 | funds have been deposited with the paying agent or trustee to | ||||||
| 22 | provide for payment of principal and interest thereon, and any | ||||||
| 23 | redemption premium, as provided in the authorizing resolution, | ||||||
| 24 | shall not be considered outstanding for the purposes of this | ||||||
| 25 | paragraph. | ||||||
| 26 | (h) The bonds and notes of the Authority shall not be | ||||||
| |||||||
| |||||||
| 1 | indebtedness of the State, or of any political subdivision of | ||||||
| 2 | the State other than the Authority. The bonds and notes of the | ||||||
| 3 | Authority are not general obligations of the State of | ||||||
| 4 | Illinois, or of any other political subdivision of the State | ||||||
| 5 | other than the Authority, and are not secured by a pledge of | ||||||
| 6 | the full faith and credit of the State of Illinois, or of any | ||||||
| 7 | other political subdivision of the State other than the | ||||||
| 8 | Authority, and the holders of bonds and notes of the Authority | ||||||
| 9 | may not require the levy or imposition by the State, or any | ||||||
| 10 | other political subdivision of the State other than the | ||||||
| 11 | Authority, of any taxes or, except as provided in this Act, the | ||||||
| 12 | application of revenues or funds of the State of Illinois, or | ||||||
| 13 | any other political subdivision of the State other than the | ||||||
| 14 | Authority, to the payment of bonds and notes of the Authority. | ||||||
| 15 | (i) In order to provide for the payment of debt service | ||||||
| 16 | requirements (including amounts for reserve funds and to pay | ||||||
| 17 | the costs of credit enhancements) on bonds issued pursuant to | ||||||
| 18 | this Act, the Authority may provide in any trust agreement | ||||||
| 19 | securing such bonds for a pledge and assignment of its right to | ||||||
| 20 | all amounts to be received from the Illinois Sports Facilities | ||||||
| 21 | Fund and for a pledge and assignment (subject to the terms of | ||||||
| 22 | any management agreement or assistance agreement) of all taxes | ||||||
| 23 | and other amounts to be received under Section 100 of this Act | ||||||
| 24 | and may further provide written notice to the State Treasurer | ||||||
| 25 | and State Comptroller (which notice shall constitute a | ||||||
| 26 | direction to those officers) for a direct payment of these | ||||||
| |||||||
| |||||||
| 1 | amounts to the trustee for its bondholders. | ||||||
| 2 | (j) The State of Illinois pledges to and agrees with the | ||||||
| 3 | holders of the bonds and notes of the Authority issued | ||||||
| 4 | pursuant to this Act that the State will not limit or alter the | ||||||
| 5 | rights and powers vested in the Authority by this Act so as to | ||||||
| 6 | impair the terms of any contract made by the Authority with | ||||||
| 7 | such holders or in any way impair the rights and remedies of | ||||||
| 8 | such holders until such bonds and notes, together with | ||||||
| 9 | interest thereon, with interest on any unpaid installments of | ||||||
| 10 | interest, and all costs and expenses in connection with any | ||||||
| 11 | action or proceedings by or on behalf of such holders, are | ||||||
| 12 | fully met and discharged. In addition, the State pledges to | ||||||
| 13 | and agrees with the holders of the bonds and notes of the | ||||||
| 14 | Authority issued pursuant to this Act that the State will not | ||||||
| 15 | limit or alter the basis on which State funds are to be | ||||||
| 16 | allocated, deposited, and paid to the Authority as provided in | ||||||
| 17 | this Act, or the use of such funds, so as to impair the terms | ||||||
| 18 | of any such contract. The Authority is authorized to include | ||||||
| 19 | these pledges and agreements of the State in any contract with | ||||||
| 20 | the holders of bonds or notes issued pursuant to this Section. | ||||||
| 21 | (Source: P.A. 93-227, eff. 1-1-04; revised 7-22-24.)
| ||||||
| 22 | Section 610. The Regional Transportation Authority Act is | ||||||
| 23 | amended by changing Section 4.03 as follows:
| ||||||
| 24 | (70 ILCS 3615/4.03) | ||||||
| |||||||
| |||||||
| 1 | Sec. 4.03. Taxes. | ||||||
| 2 | (a) In order to carry out any of the powers or purposes of | ||||||
| 3 | the Authority, the Board may, by ordinance adopted with the | ||||||
| 4 | concurrence of 12 of the then Directors, impose throughout the | ||||||
| 5 | metropolitan region any or all of the taxes provided in this | ||||||
| 6 | Section. Except as otherwise provided in this Act, taxes | ||||||
| 7 | imposed under this Section and civil penalties imposed | ||||||
| 8 | incident thereto shall be collected and enforced by the State | ||||||
| 9 | Department of Revenue. The Department shall have the power to | ||||||
| 10 | administer and enforce the taxes and to determine all rights | ||||||
| 11 | for refunds for erroneous payments of the taxes. Nothing in | ||||||
| 12 | Public Act 95-708 is intended to invalidate any taxes | ||||||
| 13 | currently imposed by the Authority. The increased vote | ||||||
| 14 | requirements to impose a tax shall only apply to actions taken | ||||||
| 15 | after January 1, 2008 (the effective date of Public Act | ||||||
| 16 | 95-708). | ||||||
| 17 | (b) The Board may impose a public transportation tax upon | ||||||
| 18 | all persons engaged in the metropolitan region in the business | ||||||
| 19 | of selling at retail motor fuel for operation of motor | ||||||
| 20 | vehicles upon public highways. The tax shall be at a rate not | ||||||
| 21 | to exceed 5% of the gross receipts from the sales of motor fuel | ||||||
| 22 | in the course of the business. As used in this Act, the term | ||||||
| 23 | "motor fuel" shall have the same meaning as in the Motor Fuel | ||||||
| 24 | Tax Law. The Board may provide for details of the tax. The | ||||||
| 25 | provisions of any tax shall conform, as closely as may be | ||||||
| 26 | practicable, to the provisions of the Municipal Retailers | ||||||
| |||||||
| |||||||
| 1 | Occupation Tax Act, including, without limitation, conformity | ||||||
| 2 | to penalties with respect to the tax imposed and as to the | ||||||
| 3 | powers of the State Department of Revenue to promulgate and | ||||||
| 4 | enforce rules and regulations relating to the administration | ||||||
| 5 | and enforcement of the provisions of the tax imposed, except | ||||||
| 6 | that reference in the Act to any municipality shall refer to | ||||||
| 7 | the Authority and the tax shall be imposed only with regard to | ||||||
| 8 | receipts from sales of motor fuel in the metropolitan region, | ||||||
| 9 | at rates as limited by this Section. | ||||||
| 10 | (c) In connection with the tax imposed under paragraph (b) | ||||||
| 11 | of this Section, the Board may impose a tax upon the privilege | ||||||
| 12 | of using in the metropolitan region motor fuel for the | ||||||
| 13 | operation of a motor vehicle upon public highways, the tax to | ||||||
| 14 | be at a rate not in excess of the rate of tax imposed under | ||||||
| 15 | paragraph (b) of this Section. The Board may provide for | ||||||
| 16 | details of the tax. | ||||||
| 17 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
| 18 | the privilege of parking motor vehicles at off-street parking | ||||||
| 19 | facilities in the metropolitan region at which a fee is | ||||||
| 20 | charged, and may provide for reasonable classifications in and | ||||||
| 21 | exemptions to the tax, for administration and enforcement | ||||||
| 22 | thereof and for civil penalties and refunds thereunder and may | ||||||
| 23 | provide criminal penalties thereunder, the maximum penalties | ||||||
| 24 | not to exceed the maximum criminal penalties provided in the | ||||||
| 25 | Retailers' Occupation Tax Act. The Authority may collect and | ||||||
| 26 | enforce the tax itself or by contract with any unit of local | ||||||
| |||||||
| |||||||
| 1 | government. The State Department of Revenue shall have no | ||||||
| 2 | responsibility for the collection and enforcement unless the | ||||||
| 3 | Department agrees with the Authority to undertake the | ||||||
| 4 | collection and enforcement. As used in this paragraph, the | ||||||
| 5 | term "parking facility" means a parking area or structure | ||||||
| 6 | having parking spaces for more than 2 vehicles at which motor | ||||||
| 7 | vehicles are permitted to park in return for an hourly, daily, | ||||||
| 8 | or other periodic fee, whether publicly or privately owned, | ||||||
| 9 | but does not include parking spaces on a public street, the use | ||||||
| 10 | of which is regulated by parking meters. | ||||||
| 11 | (e) The Board may impose a Regional Transportation | ||||||
| 12 | Authority Retailers' Occupation Tax upon all persons engaged | ||||||
| 13 | in the business of selling tangible personal property at | ||||||
| 14 | retail in the metropolitan region. In Cook County, the tax | ||||||
| 15 | rate shall be 1.25% of the gross receipts from sales of food | ||||||
| 16 | for human consumption that is to be consumed off the premises | ||||||
| 17 | where it is sold (other than alcoholic beverages, food | ||||||
| 18 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
| 19 | candy, and food that has been prepared for immediate | ||||||
| 20 | consumption) and tangible personal property taxed at the 1% | ||||||
| 21 | rate under the Retailers' Occupation Tax Act, and 1% of the | ||||||
| 22 | gross receipts from other taxable sales made in the course of | ||||||
| 23 | that business. In DuPage, Kane, Lake, McHenry, and Will | ||||||
| 24 | counties, the tax rate shall be 0.75% of the gross receipts | ||||||
| 25 | from all taxable sales made in the course of that business. The | ||||||
| 26 | rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will | ||||||
| |||||||
| |||||||
| 1 | counties under this Section on sales of aviation fuel on or | ||||||
| 2 | after December 1, 2019 shall, however, be 0.25% unless the | ||||||
| 3 | Regional Transportation Authority in DuPage, Kane, Lake, | ||||||
| 4 | McHenry, and Will counties has an "airport-related purpose" | ||||||
| 5 | and the additional 0.50% of the 0.75% tax on aviation fuel is | ||||||
| 6 | expended for airport-related purposes. If there is no | ||||||
| 7 | airport-related purpose to which aviation fuel tax revenue is | ||||||
| 8 | dedicated, then aviation fuel is excluded from the additional | ||||||
| 9 | 0.50% of the 0.75% tax. The tax imposed under this Section and | ||||||
| 10 | all civil penalties that may be assessed as an incident | ||||||
| 11 | thereof shall be collected and enforced by the State | ||||||
| 12 | Department of Revenue. The Department shall have full power to | ||||||
| 13 | administer and enforce this Section; to collect all taxes and | ||||||
| 14 | penalties so collected in the manner hereinafter provided; and | ||||||
| 15 | to determine all rights to credit memoranda arising on account | ||||||
| 16 | of the erroneous payment of tax or penalty hereunder. In the | ||||||
| 17 | administration of, and compliance with this Section, the | ||||||
| 18 | Department and persons who are subject to this Section shall | ||||||
| 19 | have the same rights, remedies, privileges, immunities, | ||||||
| 20 | powers, and duties, and be subject to the same conditions, | ||||||
| 21 | restrictions, limitations, penalties, exclusions, exemptions, | ||||||
| 22 | and definitions of terms, and employ the same modes of | ||||||
| 23 | procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d, | ||||||
| 24 | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions | ||||||
| 25 | therein other than the State rate of tax), 2c, 3 (except as to | ||||||
| 26 | the disposition of taxes and penalties collected, and except | ||||||
| |||||||
| |||||||
| 1 | that the retailer's discount is not allowed for taxes paid on | ||||||
| 2 | aviation fuel that are subject to the revenue use requirements | ||||||
| 3 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, | ||||||
| 4 | 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, | ||||||
| 5 | 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and | ||||||
| 6 | Section 3-7 of the Uniform Penalty and Interest Act, as fully | ||||||
| 7 | as if those provisions were set forth herein. | ||||||
| 8 | The Board and DuPage, Kane, Lake, McHenry, and Will | ||||||
| 9 | counties must comply with the certification requirements for | ||||||
| 10 | airport-related purposes under Section 2-22 of the Retailers' | ||||||
| 11 | Occupation Tax Act. For purposes of this Section, | ||||||
| 12 | "airport-related purposes" has the meaning ascribed in Section | ||||||
| 13 | 6z-20.2 of the State Finance Act. This exclusion for aviation | ||||||
| 14 | fuel only applies for so long as the revenue use requirements | ||||||
| 15 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
| 16 | Authority. | ||||||
| 17 | Persons subject to any tax imposed under the authority | ||||||
| 18 | granted in this Section may reimburse themselves for their | ||||||
| 19 | seller's tax liability hereunder by separately stating the tax | ||||||
| 20 | as an additional charge, which charge may be stated in | ||||||
| 21 | combination in a single amount with State taxes that sellers | ||||||
| 22 | are required to collect under the Use Tax Act, under any | ||||||
| 23 | bracket schedules the Department may prescribe. | ||||||
| 24 | Whenever the Department determines that a refund should be | ||||||
| 25 | made under this Section to a claimant instead of issuing a | ||||||
| 26 | credit memorandum, the Department shall notify the State | ||||||
| |||||||
| |||||||
| 1 | Comptroller, who shall cause the warrant to be drawn for the | ||||||
| 2 | amount specified, and to the person named, in the notification | ||||||
| 3 | from the Department. The refund shall be paid by the State | ||||||
| 4 | Treasurer out of the Regional Transportation Authority tax | ||||||
| 5 | fund established under paragraph (n) of this Section or the | ||||||
| 6 | Local Government Aviation Trust Fund, as appropriate. | ||||||
| 7 | If a tax is imposed under this subsection (e), a tax shall | ||||||
| 8 | also be imposed under subsections (f) and (g) of this Section. | ||||||
| 9 | For the purpose of determining whether a tax authorized | ||||||
| 10 | under this Section is applicable, a retail sale by a producer | ||||||
| 11 | of coal or other mineral mined in Illinois, is a sale at retail | ||||||
| 12 | at the place where the coal or other mineral mined in Illinois | ||||||
| 13 | is extracted from the earth. This paragraph does not apply to | ||||||
| 14 | coal or other mineral when it is delivered or shipped by the | ||||||
| 15 | seller to the purchaser at a point outside Illinois so that the | ||||||
| 16 | sale is exempt under the Federal Constitution as a sale in | ||||||
| 17 | interstate or foreign commerce. | ||||||
| 18 | No tax shall be imposed or collected under this subsection | ||||||
| 19 | on the sale of a motor vehicle in this State to a resident of | ||||||
| 20 | another state if that motor vehicle will not be titled in this | ||||||
| 21 | State. | ||||||
| 22 | Nothing in this Section shall be construed to authorize | ||||||
| 23 | the Regional Transportation Authority to impose a tax upon the | ||||||
| 24 | privilege of engaging in any business that under the | ||||||
| 25 | Constitution of the United States may not be made the subject | ||||||
| 26 | of taxation by this State. | ||||||
| |||||||
| |||||||
| 1 | (f) If a tax has been imposed under paragraph (e), a | ||||||
| 2 | Regional Transportation Authority Service Occupation Tax shall | ||||||
| 3 | also be imposed upon all persons engaged, in the metropolitan | ||||||
| 4 | region in the business of making sales of service, who, as an | ||||||
| 5 | incident to making the sales of service, transfer tangible | ||||||
| 6 | personal property within the metropolitan region, either in | ||||||
| 7 | the form of tangible personal property or in the form of real | ||||||
| 8 | estate as an incident to a sale of service. In Cook County, the | ||||||
| 9 | tax rate shall be: (1) 1.25% of the serviceman's cost price of | ||||||
| 10 | food prepared for immediate consumption and transferred | ||||||
| 11 | incident to a sale of service subject to the service | ||||||
| 12 | occupation tax by an entity that is located in the | ||||||
| 13 | metropolitan region and that is licensed under the Hospital | ||||||
| 14 | Licensing Act, the Nursing Home Care Act, the Assisted Living | ||||||
| 15 | and Shared Housing Act, the Specialized Mental Health | ||||||
| 16 | Rehabilitation Act of 2013, the ID/DD Community Care Act, the | ||||||
| 17 | MC/DD Act, or the Child Care Act of 1969, or an entity that | ||||||
| 18 | holds a permit issued pursuant to the Life Care Facilities | ||||||
| 19 | Act; (2) 1.25% of the selling price of food for human | ||||||
| 20 | consumption that is to be consumed off the premises where it is | ||||||
| 21 | sold (other than alcoholic beverages, food consisting of or | ||||||
| 22 | infused with adult use cannabis, soft drinks, candy, and food | ||||||
| 23 | that has been prepared for immediate consumption) and tangible | ||||||
| 24 | personal property taxed at the 1% rate under the Service | ||||||
| 25 | Occupation Tax Act; and (3) 1% of the selling price from other | ||||||
| 26 | taxable sales of tangible personal property transferred. In | ||||||
| |||||||
| |||||||
| 1 | DuPage, Kane, Lake, McHenry, and Will counties, the rate shall | ||||||
| 2 | be 0.75% of the selling price of all tangible personal | ||||||
| 3 | property transferred. The rate of tax imposed in DuPage, Kane, | ||||||
| 4 | Lake, McHenry, and Will counties under this Section on sales | ||||||
| 5 | of aviation fuel on or after December 1, 2019 shall, however, | ||||||
| 6 | be 0.25% unless the Regional Transportation Authority in | ||||||
| 7 | DuPage, Kane, Lake, McHenry, and Will counties has an | ||||||
| 8 | "airport-related purpose" and the additional 0.50% of the | ||||||
| 9 | 0.75% tax on aviation fuel is expended for airport-related | ||||||
| 10 | purposes. If there is no airport-related purpose to which | ||||||
| 11 | aviation fuel tax revenue is dedicated, then aviation fuel is | ||||||
| 12 | excluded from the additional 0.5% of the 0.75% tax. | ||||||
| 13 | The Board and DuPage, Kane, Lake, McHenry, and Will | ||||||
| 14 | counties must comply with the certification requirements for | ||||||
| 15 | airport-related purposes under Section 2-22 of the Retailers' | ||||||
| 16 | Occupation Tax Act. For purposes of this Section, | ||||||
| 17 | "airport-related purposes" has the meaning ascribed in Section | ||||||
| 18 | 6z-20.2 of the State Finance Act. This exclusion for aviation | ||||||
| 19 | fuel only applies for so long as the revenue use requirements | ||||||
| 20 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
| 21 | Authority. | ||||||
| 22 | The tax imposed under this paragraph and all civil | ||||||
| 23 | penalties that may be assessed as an incident thereof shall be | ||||||
| 24 | collected and enforced by the State Department of Revenue. The | ||||||
| 25 | Department shall have full power to administer and enforce | ||||||
| 26 | this paragraph; to collect all taxes and penalties due | ||||||
| |||||||
| |||||||
| 1 | hereunder; to dispose of taxes and penalties collected in the | ||||||
| 2 | manner hereinafter provided; and to determine all rights to | ||||||
| 3 | credit memoranda arising on account of the erroneous payment | ||||||
| 4 | of tax or penalty hereunder. In the administration of and | ||||||
| 5 | compliance with this paragraph, the Department and persons who | ||||||
| 6 | are subject to this paragraph shall have the same rights, | ||||||
| 7 | remedies, privileges, immunities, powers, and duties, and be | ||||||
| 8 | subject to the same conditions, restrictions, limitations, | ||||||
| 9 | penalties, exclusions, exemptions, and definitions of terms, | ||||||
| 10 | and employ the same modes of procedure, as are prescribed in | ||||||
| 11 | Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all | ||||||
| 12 | provisions therein other than the State rate of tax), 4 | ||||||
| 13 | (except that the reference to the State shall be to the | ||||||
| 14 | Authority), 5, 7, 8 (except that the jurisdiction to which the | ||||||
| 15 | tax shall be a debt to the extent indicated in that Section 8 | ||||||
| 16 | shall be the Authority), 9 (except as to the disposition of | ||||||
| 17 | taxes and penalties collected, and except that the returned | ||||||
| 18 | merchandise credit for this tax may not be taken against any | ||||||
| 19 | State tax, and except that the retailer's discount is not | ||||||
| 20 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
| 21 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
| 22 | 47133), 10, 11, 12 (except the reference therein to Section 2b | ||||||
| 23 | of the Retailers' Occupation Tax Act), 13 (except that any | ||||||
| 24 | reference to the State shall mean the Authority), the first | ||||||
| 25 | paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service | ||||||
| 26 | Occupation Tax Act and Section 3-7 of the Uniform Penalty and | ||||||
| |||||||
| |||||||
| 1 | Interest Act, as fully as if those provisions were set forth | ||||||
| 2 | herein. | ||||||
| 3 | Persons subject to any tax imposed under the authority | ||||||
| 4 | granted in this paragraph may reimburse themselves for their | ||||||
| 5 | serviceman's tax liability hereunder by separately stating the | ||||||
| 6 | tax as an additional charge, that charge may be stated in | ||||||
| 7 | combination in a single amount with State tax that servicemen | ||||||
| 8 | are authorized to collect under the Service Use Tax Act, under | ||||||
| 9 | any bracket schedules the Department may prescribe. | ||||||
| 10 | Whenever the Department determines that a refund should be | ||||||
| 11 | made under this paragraph to a claimant instead of issuing a | ||||||
| 12 | credit memorandum, the Department shall notify the State | ||||||
| 13 | Comptroller, who shall cause the warrant to be drawn for the | ||||||
| 14 | amount specified, and to the person named in the notification | ||||||
| 15 | from the Department. The refund shall be paid by the State | ||||||
| 16 | Treasurer out of the Regional Transportation Authority tax | ||||||
| 17 | fund established under paragraph (n) of this Section or the | ||||||
| 18 | Local Government Aviation Trust Fund, as appropriate. | ||||||
| 19 | Nothing in this paragraph shall be construed to authorize | ||||||
| 20 | the Authority to impose a tax upon the privilege of engaging in | ||||||
| 21 | any business that under the Constitution of the United States | ||||||
| 22 | may not be made the subject of taxation by the State. | ||||||
| 23 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
| 24 | shall also be imposed upon the privilege of using in the | ||||||
| 25 | metropolitan region, any item of tangible personal property | ||||||
| 26 | that is purchased outside the metropolitan region at retail | ||||||
| |||||||
| |||||||
| 1 | from a retailer, and that is titled or registered with an | ||||||
| 2 | agency of this State's government. In Cook County, the tax | ||||||
| 3 | rate shall be 1% of the selling price of the tangible personal | ||||||
| 4 | property, as "selling price" is defined in the Use Tax Act. In | ||||||
| 5 | DuPage, Kane, Lake, McHenry, and Will counties, the tax rate | ||||||
| 6 | shall be 0.75% of the selling price of the tangible personal | ||||||
| 7 | property, as "selling price" is defined in the Use Tax Act. The | ||||||
| 8 | tax shall be collected from persons whose Illinois address for | ||||||
| 9 | titling or registration purposes is given as being in the | ||||||
| 10 | metropolitan region. The tax shall be collected by the | ||||||
| 11 | Department of Revenue for the Regional Transportation | ||||||
| 12 | Authority. The tax must be paid to the State, or an exemption | ||||||
| 13 | determination must be obtained from the Department of Revenue, | ||||||
| 14 | before the title or certificate of registration for the | ||||||
| 15 | property may be issued. The tax or proof of exemption may be | ||||||
| 16 | transmitted to the Department by way of the State agency with | ||||||
| 17 | which, or the State officer with whom, the tangible personal | ||||||
| 18 | property must be titled or registered if the Department and | ||||||
| 19 | the State agency or State officer determine that this | ||||||
| 20 | procedure will expedite the processing of applications for | ||||||
| 21 | title or registration. | ||||||
| 22 | The Department shall have full power to administer and | ||||||
| 23 | enforce this paragraph; to collect all taxes, penalties, and | ||||||
| 24 | interest due hereunder; to dispose of taxes, penalties, and | ||||||
| 25 | interest collected in the manner hereinafter provided; and to | ||||||
| 26 | determine all rights to credit memoranda or refunds arising on | ||||||
| |||||||
| |||||||
| 1 | account of the erroneous payment of tax, penalty, or interest | ||||||
| 2 | hereunder. In the administration of and compliance with this | ||||||
| 3 | paragraph, the Department and persons who are subject to this | ||||||
| 4 | paragraph shall have the same rights, remedies, privileges, | ||||||
| 5 | immunities, powers, and duties, and be subject to the same | ||||||
| 6 | conditions, restrictions, limitations, penalties, exclusions, | ||||||
| 7 | exemptions, and definitions of terms and employ the same modes | ||||||
| 8 | of procedure, as are prescribed in Sections 2 (except the | ||||||
| 9 | definition of "retailer maintaining a place of business in | ||||||
| 10 | this State"), 3 through 3-80 (except provisions pertaining to | ||||||
| 11 | the State rate of tax, and except provisions concerning | ||||||
| 12 | collection or refunding of the tax by retailers), 4, 11, 12, | ||||||
| 13 | 12a, 14, 15, 19 (except the portions pertaining to claims by | ||||||
| 14 | retailers and except the last paragraph concerning refunds), | ||||||
| 15 | 20, 21, and 22 of the Use Tax Act, and are not inconsistent | ||||||
| 16 | with this paragraph, as fully as if those provisions were set | ||||||
| 17 | forth herein. | ||||||
| 18 | Whenever the Department determines that a refund should be | ||||||
| 19 | made under this paragraph to a claimant instead of issuing a | ||||||
| 20 | credit memorandum, the Department shall notify the State | ||||||
| 21 | Comptroller, who shall cause the order to be drawn for the | ||||||
| 22 | amount specified, and to the person named in the notification | ||||||
| 23 | from the Department. The refund shall be paid by the State | ||||||
| 24 | Treasurer out of the Regional Transportation Authority tax | ||||||
| 25 | fund established under paragraph (n) of this Section. | ||||||
| 26 | (g-5) If, on January 1, 2025, a unit of local government | ||||||
| |||||||
| |||||||
| 1 | has in effect a tax under subsections (e), (f), and (g), or if, | ||||||
| 2 | after January 1, 2025, a unit of local government imposes a tax | ||||||
| 3 | under subsections (e), (f), and (g), then that tax applies to | ||||||
| 4 | leases of tangible personal property in effect, entered into, | ||||||
| 5 | or renewed on or after that date in the same manner as the tax | ||||||
| 6 | under this Section and in accordance with the changes made by | ||||||
| 7 | Public Act 103-592 this amendatory Act of the 103rd General | ||||||
| 8 | Assembly. | ||||||
| 9 | (h) The Authority may impose a replacement vehicle tax of | ||||||
| 10 | $50 on any passenger car as defined in Section 1-157 of the | ||||||
| 11 | Illinois Vehicle Code purchased within the metropolitan region | ||||||
| 12 | by or on behalf of an insurance company to replace a passenger | ||||||
| 13 | car of an insured person in settlement of a total loss claim. | ||||||
| 14 | The tax imposed may not become effective before the first day | ||||||
| 15 | of the month following the passage of the ordinance imposing | ||||||
| 16 | the tax and receipt of a certified copy of the ordinance by the | ||||||
| 17 | Department of Revenue. The Department of Revenue shall collect | ||||||
| 18 | the tax for the Authority in accordance with Sections 3-2002 | ||||||
| 19 | and 3-2003 of the Illinois Vehicle Code. | ||||||
| 20 | The Department shall immediately pay over to the State | ||||||
| 21 | Treasurer, ex officio, as trustee, all taxes collected | ||||||
| 22 | hereunder. | ||||||
| 23 | As soon as possible after the first day of each month, | ||||||
| 24 | beginning January 1, 2011, upon certification of the | ||||||
| 25 | Department of Revenue, the Comptroller shall order | ||||||
| 26 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| |||||||
| |||||||
| 1 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 2 | in the Innovation Development and Economy Act, collected under | ||||||
| 3 | this Section during the second preceding calendar month for | ||||||
| 4 | sales within a STAR bond district. | ||||||
| 5 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 6 | on or before the 25th day of each calendar month, the | ||||||
| 7 | Department shall prepare and certify to the Comptroller the | ||||||
| 8 | disbursement of stated sums of money to the Authority. The | ||||||
| 9 | amount to be paid to the Authority shall be the amount | ||||||
| 10 | collected hereunder during the second preceding calendar month | ||||||
| 11 | by the Department, less any amount determined by the | ||||||
| 12 | Department to be necessary for the payment of refunds, and | ||||||
| 13 | less any amounts that are transferred to the STAR Bonds | ||||||
| 14 | Revenue Fund. Within 10 days after receipt by the Comptroller | ||||||
| 15 | of the disbursement certification to the Authority provided | ||||||
| 16 | for in this Section to be given to the Comptroller by the | ||||||
| 17 | Department, the Comptroller shall cause the orders to be drawn | ||||||
| 18 | for that amount in accordance with the directions contained in | ||||||
| 19 | the certification. | ||||||
| 20 | (i) The Board may not impose any other taxes except as it | ||||||
| 21 | may from time to time be authorized by law to impose. | ||||||
| 22 | (j) A certificate of registration issued by the State | ||||||
| 23 | Department of Revenue to a retailer under the Retailers' | ||||||
| 24 | Occupation Tax Act or under the Service Occupation Tax Act | ||||||
| 25 | shall permit the registrant to engage in a business that is | ||||||
| 26 | taxed under the tax imposed under paragraphs (b), (e), (f) or | ||||||
| |||||||
| |||||||
| 1 | (g) of this Section and no additional registration shall be | ||||||
| 2 | required under the tax. A certificate issued under the Use Tax | ||||||
| 3 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
| 4 | to any tax imposed under paragraph (c) of this Section. | ||||||
| 5 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
| 6 | of this Section shall conform as closely as may be practicable | ||||||
| 7 | to the provisions of the Use Tax Act, including, without | ||||||
| 8 | limitation, conformity as to penalties with respect to the tax | ||||||
| 9 | imposed and as to the powers of the State Department of Revenue | ||||||
| 10 | to promulgate and enforce rules and regulations relating to | ||||||
| 11 | the administration and enforcement of the provisions of the | ||||||
| 12 | tax imposed. The taxes shall be imposed only on use within the | ||||||
| 13 | metropolitan region and at rates as provided in the paragraph. | ||||||
| 14 | (l) The Board in imposing any tax as provided in | ||||||
| 15 | paragraphs (b) and (c) of this Section, shall, after seeking | ||||||
| 16 | the advice of the State Department of Revenue, provide means | ||||||
| 17 | for retailers, users or purchasers of motor fuel for purposes | ||||||
| 18 | other than those with regard to which the taxes may be imposed | ||||||
| 19 | as provided in those paragraphs to receive refunds of taxes | ||||||
| 20 | improperly paid, which provisions may be at variance with the | ||||||
| 21 | refund provisions as applicable under the Municipal Retailers | ||||||
| 22 | Occupation Tax Act. The State Department of Revenue may | ||||||
| 23 | provide for certificates of registration for users or | ||||||
| 24 | purchasers of motor fuel for purposes other than those with | ||||||
| 25 | regard to which taxes may be imposed as provided in paragraphs | ||||||
| 26 | (b) and (c) of this Section to facilitate the reporting and | ||||||
| |||||||
| |||||||
| 1 | nontaxability of the exempt sales or uses. | ||||||
| 2 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
| 3 | this Section shall be adopted and a certified copy thereof | ||||||
| 4 | filed with the Department on or before June 1, whereupon the | ||||||
| 5 | Department of Revenue shall proceed to administer and enforce | ||||||
| 6 | this Section on behalf of the Regional Transportation | ||||||
| 7 | Authority as of September 1 next following such adoption and | ||||||
| 8 | filing. Beginning January 1, 1992, an ordinance or resolution | ||||||
| 9 | imposing or discontinuing the tax hereunder shall be adopted | ||||||
| 10 | and a certified copy thereof filed with the Department on or | ||||||
| 11 | before the first day of July, whereupon the Department shall | ||||||
| 12 | proceed to administer and enforce this Section as of the first | ||||||
| 13 | day of October next following such adoption and filing. | ||||||
| 14 | Beginning January 1, 1993, an ordinance or resolution | ||||||
| 15 | imposing, increasing, decreasing, or discontinuing the tax | ||||||
| 16 | hereunder shall be adopted and a certified copy thereof filed | ||||||
| 17 | with the Department, whereupon the Department shall proceed to | ||||||
| 18 | administer and enforce this Section as of the first day of the | ||||||
| 19 | first month to occur not less than 60 days following such | ||||||
| 20 | adoption and filing. Any ordinance or resolution of the | ||||||
| 21 | Authority imposing a tax under this Section and in effect on | ||||||
| 22 | August 1, 2007 shall remain in full force and effect and shall | ||||||
| 23 | be administered by the Department of Revenue under the terms | ||||||
| 24 | and conditions and rates of tax established by such ordinance | ||||||
| 25 | or resolution until the Department begins administering and | ||||||
| 26 | enforcing an increased tax under this Section as authorized by | ||||||
| |||||||
| |||||||
| 1 | Public Act 95-708. The tax rates authorized by Public Act | ||||||
| 2 | 95-708 are effective only if imposed by ordinance of the | ||||||
| 3 | Authority. | ||||||
| 4 | (n) Except as otherwise provided in this subsection (n), | ||||||
| 5 | the State Department of Revenue shall, upon collecting any | ||||||
| 6 | taxes as provided in this Section, pay the taxes over to the | ||||||
| 7 | State Treasurer as trustee for the Authority. The taxes shall | ||||||
| 8 | be held in a trust fund outside the State Treasury. If an | ||||||
| 9 | airport-related purpose has been certified, taxes and | ||||||
| 10 | penalties collected in DuPage, Kane, Lake, McHenry and Will | ||||||
| 11 | counties on aviation fuel sold on or after December 1, 2019 | ||||||
| 12 | from the 0.50% of the 0.75% rate shall be immediately paid over | ||||||
| 13 | by the Department to the State Treasurer, ex officio, as | ||||||
| 14 | trustee, for deposit into the Local Government Aviation Trust | ||||||
| 15 | Fund. The Department shall only pay moneys into the Local | ||||||
| 16 | Government Aviation Trust Fund under this Act for so long as | ||||||
| 17 | the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
| 18 | U.S.C. 47133 are binding on the Authority. On or before the | ||||||
| 19 | 25th day of each calendar month, the State Department of | ||||||
| 20 | Revenue shall prepare and certify to the Comptroller of the | ||||||
| 21 | State of Illinois and to the Authority (i) the amount of taxes | ||||||
| 22 | collected in each county other than Cook County in the | ||||||
| 23 | metropolitan region, (not including, if an airport-related | ||||||
| 24 | purpose has been certified, the taxes and penalties collected | ||||||
| 25 | from the 0.50% of the 0.75% rate on aviation fuel sold on or | ||||||
| 26 | after December 1, 2019 that are deposited into the Local | ||||||
| |||||||
| |||||||
| 1 | Government Aviation Trust Fund) (ii) the amount of taxes | ||||||
| 2 | collected within the City of Chicago, and (iii) the amount | ||||||
| 3 | collected in that portion of Cook County outside of Chicago, | ||||||
| 4 | each amount less the amount necessary for the payment of | ||||||
| 5 | refunds to taxpayers located in those areas described in items | ||||||
| 6 | (i), (ii), and (iii), and less 1.5% of the remainder, which | ||||||
| 7 | shall be transferred from the trust fund into the Tax | ||||||
| 8 | Compliance and Administration Fund. The Department, at the | ||||||
| 9 | time of each monthly disbursement to the Authority, shall | ||||||
| 10 | prepare and certify to the State Comptroller the amount to be | ||||||
| 11 | transferred into the Tax Compliance and Administration Fund | ||||||
| 12 | under this subsection. Within 10 days after receipt by the | ||||||
| 13 | Comptroller of the certification of the amounts, the | ||||||
| 14 | Comptroller shall cause an order to be drawn for the transfer | ||||||
| 15 | of the amount certified into the Tax Compliance and | ||||||
| 16 | Administration Fund and the payment of two-thirds of the | ||||||
| 17 | amounts certified in item (i) of this subsection to the | ||||||
| 18 | Authority and one-third of the amounts certified in item (i) | ||||||
| 19 | of this subsection to the respective counties other than Cook | ||||||
| 20 | County and the amount certified in items (ii) and (iii) of this | ||||||
| 21 | subsection to the Authority. | ||||||
| 22 | In addition to the disbursement required by the preceding | ||||||
| 23 | paragraph, an allocation shall be made in July 1991 and each | ||||||
| 24 | year thereafter to the Regional Transportation Authority. The | ||||||
| 25 | allocation shall be made in an amount equal to the average | ||||||
| 26 | monthly distribution during the preceding calendar year | ||||||
| |||||||
| |||||||
| 1 | (excluding the 2 months of lowest receipts) and the allocation | ||||||
| 2 | shall include the amount of average monthly distribution from | ||||||
| 3 | the Regional Transportation Authority Occupation and Use Tax | ||||||
| 4 | Replacement Fund. The distribution made in July 1992 and each | ||||||
| 5 | year thereafter under this paragraph and the preceding | ||||||
| 6 | paragraph shall be reduced by the amount allocated and | ||||||
| 7 | disbursed under this paragraph in the preceding calendar year. | ||||||
| 8 | The Department of Revenue shall prepare and certify to the | ||||||
| 9 | Comptroller for disbursement the allocations made in | ||||||
| 10 | accordance with this paragraph. | ||||||
| 11 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
| 12 | comply with Section 4.01 of this Act or to adopt a Five-year | ||||||
| 13 | Capital Program or otherwise to comply with paragraph (b) of | ||||||
| 14 | Section 2.01 of this Act shall not affect the validity of any | ||||||
| 15 | tax imposed by the Authority otherwise in conformity with law. | ||||||
| 16 | (p) At no time shall a public transportation tax or motor | ||||||
| 17 | vehicle parking tax authorized under paragraphs (b), (c), and | ||||||
| 18 | (d) of this Section be in effect at the same time as any | ||||||
| 19 | retailers' occupation, use or service occupation tax | ||||||
| 20 | authorized under paragraphs (e), (f), and (g) of this Section | ||||||
| 21 | is in effect. | ||||||
| 22 | Any taxes imposed under the authority provided in | ||||||
| 23 | paragraphs (b), (c), and (d) shall remain in effect only until | ||||||
| 24 | the time as any tax authorized by paragraph (e), (f), or (g) of | ||||||
| 25 | this Section is are imposed and becomes effective. Once any | ||||||
| 26 | tax authorized by paragraph (e), (f), or (g) is imposed the | ||||||
| |||||||
| |||||||
| 1 | Board may not reimpose taxes as authorized in paragraphs (b), | ||||||
| 2 | (c), and (d) of the Section unless any tax authorized by | ||||||
| 3 | paragraph (e), (f), or (g) of this Section becomes ineffective | ||||||
| 4 | by means other than an ordinance of the Board. | ||||||
| 5 | (q) Any existing rights, remedies and obligations | ||||||
| 6 | (including enforcement by the Regional Transportation | ||||||
| 7 | Authority) arising under any tax imposed under paragraph (b), | ||||||
| 8 | (c), or (d) of this Section shall not be affected by the | ||||||
| 9 | imposition of a tax under paragraph (e), (f), or (g) of this | ||||||
| 10 | Section. | ||||||
| 11 | (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25; | ||||||
| 12 | 103-781, eff. 8-5-24; revised 11-26-24.)
| ||||||
| 13 | Section 615. The School Code is amended by changing | ||||||
| 14 | Sections 1D-1, 2-3.25f, 2-3.169, 5-1, 5-2.2, 5-13, 10-16a, | ||||||
| 15 | 10-22.3f, 10-22.6, 10-22.22, 10-22.24b, 10-22.36, 14A-32, | ||||||
| 16 | 18-8.15, 19-1, 21B-50, 22-94, 24-4.1, 24A-2.5, 24A-5, 27A-5, | ||||||
| 17 | 34-18, 34-18.68, 34-22.6, 34-22.10, and 34A-502 and by setting | ||||||
| 18 | forth and renumbering multiple versions of Sections 2-3.204, | ||||||
| 19 | 27-23.17, and 34-18.85 as follows:
| ||||||
| 20 | (105 ILCS 5/1D-1) | ||||||
| 21 | (Text of Section from P.A. 100-55 and 103-594) | ||||||
| 22 | Sec. 1D-1. Block grant funding. | ||||||
| 23 | (a) For fiscal year 1996 and each fiscal year thereafter, | ||||||
| 24 | the State Board of Education shall award to a school district | ||||||
| |||||||
| |||||||
| 1 | having a population exceeding 500,000 inhabitants a general | ||||||
| 2 | education block grant and an educational services block grant, | ||||||
| 3 | determined as provided in this Section, in lieu of | ||||||
| 4 | distributing to the district separate State funding for the | ||||||
| 5 | programs described in subsections (b) and (c). The provisions | ||||||
| 6 | of this Section, however, do not apply to any federal funds | ||||||
| 7 | that the district is entitled to receive. In accordance with | ||||||
| 8 | Section 2-3.32, all block grants are subject to an audit. | ||||||
| 9 | Therefore, block grant receipts and block grant expenditures | ||||||
| 10 | shall be recorded to the appropriate fund code for the | ||||||
| 11 | designated block grant. | ||||||
| 12 | (b) The general education block grant shall include the | ||||||
| 13 | following programs: REI Initiative, Summer Bridges, K-6 | ||||||
| 14 | Comprehensive Arts, School Improvement Support, Urban | ||||||
| 15 | Education, Scientific Literacy, Substance Abuse Prevention, | ||||||
| 16 | Second Language Planning, Staff Development, Outcomes and | ||||||
| 17 | Assessment, K-6 Reading Improvement, 7-12 Continued Reading | ||||||
| 18 | Improvement, Truants' Optional Education, Hispanic Programs, | ||||||
| 19 | Agriculture Education, Report Cards, and Criminal Background | ||||||
| 20 | Investigations. The general education block grant shall also | ||||||
| 21 | include Preschool Education, Parental Training, and Prevention | ||||||
| 22 | Initiative through June 30, 2026. Notwithstanding any other | ||||||
| 23 | provision of law, all amounts paid under the general education | ||||||
| 24 | block grant from State appropriations to a school district in | ||||||
| 25 | a city having a population exceeding 500,000 inhabitants shall | ||||||
| 26 | be appropriated and expended by the board of that district for | ||||||
| |||||||
| |||||||
| 1 | any of the programs included in the block grant or any of the | ||||||
| 2 | board's lawful purposes. Beginning in Fiscal Year 2018, at | ||||||
| 3 | least 25% of any additional Preschool Education, Parental | ||||||
| 4 | Training, and Prevention Initiative program funding over and | ||||||
| 5 | above the previous fiscal year's allocation shall be used to | ||||||
| 6 | fund programs for children ages 0-3. Beginning in Fiscal Year | ||||||
| 7 | 2018, funding for Preschool Education, Parental Training, and | ||||||
| 8 | Prevention Initiative programs above the allocation for these | ||||||
| 9 | programs in Fiscal Year 2017 must be used solely as a | ||||||
| 10 | supplement for these programs and may not supplant funds | ||||||
| 11 | received from other sources. | ||||||
| 12 | (b-5) Beginning in Fiscal Year 2027, the Department of | ||||||
| 13 | Early Childhood shall award a block grant for Preschool | ||||||
| 14 | Education, Parental Training, and Prevention Initiative to a | ||||||
| 15 | school district having a population exceeding 500,000 | ||||||
| 16 | inhabitants. The grants are subject to audit. Therefore, block | ||||||
| 17 | grant receipts and block grant expenditures shall be recorded | ||||||
| 18 | to the appropriate fund code for the designated block grant. | ||||||
| 19 | Notwithstanding any other provision of law, all amounts paid | ||||||
| 20 | under the block grant from State appropriations to a school | ||||||
| 21 | district in a city having a population exceeding 500,000 | ||||||
| 22 | inhabitants shall be appropriated and expended by the board of | ||||||
| 23 | that district for any of the programs included in the block | ||||||
| 24 | grant or any of the board's lawful purposes. The district is | ||||||
| 25 | not required to file any application or other claim in order to | ||||||
| 26 | receive the block grant to which it is entitled under this | ||||||
| |||||||
| |||||||
| 1 | Section. The Department of Early Childhood shall make payments | ||||||
| 2 | to the district of amounts due under the district's block | ||||||
| 3 | grant on a schedule determined by the Department. A school | ||||||
| 4 | district to which this Section applies shall report to the | ||||||
| 5 | Department of Early Childhood on its use of the block grant in | ||||||
| 6 | such form and detail as the Department may specify. In | ||||||
| 7 | addition, the report must include the following description | ||||||
| 8 | for the district, which must also be reported to the General | ||||||
| 9 | Assembly: block grant allocation and expenditures by program; | ||||||
| 10 | population and service levels by program; and administrative | ||||||
| 11 | expenditures by program. The Department shall ensure that the | ||||||
| 12 | reporting requirements for the district are the same as for | ||||||
| 13 | all other school districts in this State. Beginning in Fiscal | ||||||
| 14 | Year 2018, at least 25% of any additional Preschool Education, | ||||||
| 15 | Parental Training, and Prevention Initiative program funding | ||||||
| 16 | over and above the previous fiscal year's allocation shall be | ||||||
| 17 | used to fund programs for children ages 0-3. Beginning in | ||||||
| 18 | Fiscal Year 2018, funding for Preschool Education, Parental | ||||||
| 19 | Training, and Prevention Initiative programs above the | ||||||
| 20 | allocation for these programs in Fiscal Year 2017 must be used | ||||||
| 21 | solely as a supplement for these programs and may not supplant | ||||||
| 22 | funds received from other sources. | ||||||
| 23 | (c) The educational services block grant shall include the | ||||||
| 24 | following programs: Regular and Vocational Transportation, | ||||||
| 25 | State Lunch and Free Breakfast Program, Special Education | ||||||
| 26 | (Personnel, Transportation, Orphanage, Private Tuition), | ||||||
| |||||||
| |||||||
| 1 | funding for children requiring special education services, | ||||||
| 2 | Summer School, Educational Service Centers, and | ||||||
| 3 | Administrator's Academy. This subsection (c) does not relieve | ||||||
| 4 | the district of its obligation to provide the services | ||||||
| 5 | required under a program that is included within the | ||||||
| 6 | educational services block grant. It is the intention of the | ||||||
| 7 | General Assembly in enacting the provisions of this subsection | ||||||
| 8 | (c) to relieve the district of the administrative burdens that | ||||||
| 9 | impede efficiency and accompany single-program funding. The | ||||||
| 10 | General Assembly encourages the board to pursue mandate | ||||||
| 11 | waivers pursuant to Section 2-3.25g. | ||||||
| 12 | The funding program included in the educational services | ||||||
| 13 | block grant for funding for children requiring special | ||||||
| 14 | education services in each fiscal year shall be treated in | ||||||
| 15 | that fiscal year as a payment to the school district in respect | ||||||
| 16 | of services provided or costs incurred in the prior fiscal | ||||||
| 17 | year, calculated in each case as provided in this Section. | ||||||
| 18 | Nothing in this Section shall change the nature of payments | ||||||
| 19 | for any program that, apart from this Section, would be or, | ||||||
| 20 | prior to adoption or amendment of this Section, was on the | ||||||
| 21 | basis of a payment in a fiscal year in respect of services | ||||||
| 22 | provided or costs incurred in the prior fiscal year, | ||||||
| 23 | calculated in each case as provided in this Section. | ||||||
| 24 | (d) For fiscal year 1996 and each fiscal year thereafter, | ||||||
| 25 | the amount of the district's block grants shall be determined | ||||||
| 26 | as follows: (i) with respect to each program that is included | ||||||
| |||||||
| |||||||
| 1 | within each block grant, the district shall receive an amount | ||||||
| 2 | equal to the same percentage of the current fiscal year | ||||||
| 3 | appropriation made for that program as the percentage of the | ||||||
| 4 | appropriation received by the district from the 1995 fiscal | ||||||
| 5 | year appropriation made for that program, and (ii) the total | ||||||
| 6 | amount that is due the district under the block grant shall be | ||||||
| 7 | the aggregate of the amounts that the district is entitled to | ||||||
| 8 | receive for the fiscal year with respect to each program that | ||||||
| 9 | is included within the block grant that the State Board of | ||||||
| 10 | Education shall award the district under this Section for that | ||||||
| 11 | fiscal year. In the case of the Summer Bridges program, the | ||||||
| 12 | amount of the district's block grant shall be equal to 44% of | ||||||
| 13 | the amount of the current fiscal year appropriation made for | ||||||
| 14 | that program. | ||||||
| 15 | (e) The district is not required to file any application | ||||||
| 16 | or other claim in order to receive the block grants to which it | ||||||
| 17 | is entitled under this Section. The State Board of Education | ||||||
| 18 | shall make payments to the district of amounts due under the | ||||||
| 19 | district's block grants on a schedule determined by the State | ||||||
| 20 | Board of Education. | ||||||
| 21 | (f) A school district to which this Section applies shall | ||||||
| 22 | report to the State Board of Education on its use of the block | ||||||
| 23 | grants in such form and detail as the State Board of Education | ||||||
| 24 | may specify. In addition, the report must include the | ||||||
| 25 | following description for the district, which must also be | ||||||
| 26 | reported to the General Assembly: block grant allocation and | ||||||
| |||||||
| |||||||
| 1 | expenditures by program; population and service levels by | ||||||
| 2 | program; and administrative expenditures by program. The State | ||||||
| 3 | Board of Education shall ensure that the reporting | ||||||
| 4 | requirements for the district are the same as for all other | ||||||
| 5 | school districts in this State. | ||||||
| 6 | (g) This paragraph provides for the treatment of block | ||||||
| 7 | grants under Article 1C for purposes of calculating the amount | ||||||
| 8 | of block grants for a district under this Section. Those block | ||||||
| 9 | grants under Article 1C are, for this purpose, treated as | ||||||
| 10 | included in the amount of appropriation for the various | ||||||
| 11 | programs set forth in paragraph (b) above. The appropriation | ||||||
| 12 | in each current fiscal year for each block grant under Article | ||||||
| 13 | 1C shall be treated for these purposes as appropriations for | ||||||
| 14 | the individual program included in that block grant. The | ||||||
| 15 | proportion of each block grant so allocated to each such | ||||||
| 16 | program included in it shall be the proportion which the | ||||||
| 17 | appropriation for that program was of all appropriations for | ||||||
| 18 | such purposes now in that block grant, in fiscal 1995. | ||||||
| 19 | Payments to the school district under this Section with | ||||||
| 20 | respect to each program for which payments to school districts | ||||||
| 21 | generally, as of the date of this amendatory Act of the 92nd | ||||||
| 22 | General Assembly, are on a reimbursement basis shall continue | ||||||
| 23 | to be made to the district on a reimbursement basis, pursuant | ||||||
| 24 | to the provisions of this Code governing those programs. | ||||||
| 25 | (h) Notwithstanding any other provision of law, any school | ||||||
| 26 | district receiving a block grant under this Section may | ||||||
| |||||||
| |||||||
| 1 | classify all or a portion of the funds that it receives in a | ||||||
| 2 | particular fiscal year from any block grant authorized under | ||||||
| 3 | this Code or from general State aid pursuant to Section | ||||||
| 4 | 18-8.05 of this Code (other than supplemental general State | ||||||
| 5 | aid) as funds received in connection with any funding program | ||||||
| 6 | for which it is entitled to receive funds from the State in | ||||||
| 7 | that fiscal year (including, without limitation, any funding | ||||||
| 8 | program referred to in subsection (c) of this Section), | ||||||
| 9 | regardless of the source or timing of the receipt. The | ||||||
| 10 | district may not classify more funds as funds received in | ||||||
| 11 | connection with the funding program than the district is | ||||||
| 12 | entitled to receive in that fiscal year for that program. Any | ||||||
| 13 | classification by a district must be made by a resolution of | ||||||
| 14 | its board of education. The resolution must identify the | ||||||
| 15 | amount of any block grant or general State aid to be classified | ||||||
| 16 | under this subsection (h) and must specify the funding program | ||||||
| 17 | to which the funds are to be treated as received in connection | ||||||
| 18 | therewith. This resolution is controlling as to the | ||||||
| 19 | classification of funds referenced therein. A certified copy | ||||||
| 20 | of the resolution must be sent to the State Superintendent of | ||||||
| 21 | Education. The resolution shall still take effect even though | ||||||
| 22 | a copy of the resolution has not been sent to the State | ||||||
| 23 | Superintendent of Education in a timely manner. No | ||||||
| 24 | classification under this subsection (h) by a district shall | ||||||
| 25 | affect the total amount or timing of money the district is | ||||||
| 26 | entitled to receive under this Code. No classification under | ||||||
| |||||||
| |||||||
| 1 | this subsection (h) by a district shall in any way relieve the | ||||||
| 2 | district from or affect any requirements that otherwise would | ||||||
| 3 | apply with respect to the block grant as provided in this | ||||||
| 4 | Section, including any accounting of funds by source, | ||||||
| 5 | reporting expenditures by original source and purpose, | ||||||
| 6 | reporting requirements, or requirements of provision of | ||||||
| 7 | services. | ||||||
| 8 | (Source: P.A. 100-55, eff. 8-11-17; 103-594, eff. 6-25-24.)
| ||||||
| 9 | (Text of Section from P.A. 100-465 and 103-594) | ||||||
| 10 | Sec. 1D-1. Block grant funding. | ||||||
| 11 | (a) For fiscal year 1996 through fiscal year 2017, the | ||||||
| 12 | State Board of Education shall award to a school district | ||||||
| 13 | having a population exceeding 500,000 inhabitants a general | ||||||
| 14 | education block grant and an educational services block grant, | ||||||
| 15 | determined as provided in this Section, in lieu of | ||||||
| 16 | distributing to the district separate State funding for the | ||||||
| 17 | programs described in subsections (b) and (c). The provisions | ||||||
| 18 | of this Section, however, do not apply to any federal funds | ||||||
| 19 | that the district is entitled to receive. In accordance with | ||||||
| 20 | Section 2-3.32, all block grants are subject to an audit. | ||||||
| 21 | Therefore, block grant receipts and block grant expenditures | ||||||
| 22 | shall be recorded to the appropriate fund code for the | ||||||
| 23 | designated block grant. | ||||||
| 24 | (b) The general education block grant shall include the | ||||||
| 25 | following programs: REI Initiative, Summer Bridges, Preschool | ||||||
| |||||||
| |||||||
| 1 | At Risk, K-6 Comprehensive Arts, School Improvement Support, | ||||||
| 2 | Urban Education, Scientific Literacy, Substance Abuse | ||||||
| 3 | Prevention, Second Language Planning, Staff Development, | ||||||
| 4 | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | ||||||
| 5 | Continued Reading Improvement, Truants' Optional Education, | ||||||
| 6 | Hispanic Programs, Agriculture Education, Report Cards, and | ||||||
| 7 | Criminal Background Investigations. The general education | ||||||
| 8 | block grant shall also include Preschool Education, Parental | ||||||
| 9 | Training, and Prevention Initiative through June 30, 2026. | ||||||
| 10 | Notwithstanding any other provision of law, all amounts paid | ||||||
| 11 | under the general education block grant from State | ||||||
| 12 | appropriations to a school district in a city having a | ||||||
| 13 | population exceeding 500,000 inhabitants shall be appropriated | ||||||
| 14 | and expended by the board of that district for any of the | ||||||
| 15 | programs included in the block grant or any of the board's | ||||||
| 16 | lawful purposes. | ||||||
| 17 | (b-5) Beginning in Fiscal Year 2027, the Department of | ||||||
| 18 | Early Childhood shall award a block grant for Preschool | ||||||
| 19 | Education, Parental Training, and Prevention Initiative to a | ||||||
| 20 | school district having a population exceeding 500,000 | ||||||
| 21 | inhabitants. The grants are subject to audit. Therefore, block | ||||||
| 22 | grant receipts and block grant expenditures shall be recorded | ||||||
| 23 | to the appropriate fund code for the designated block grant. | ||||||
| 24 | Notwithstanding any other provision of law, all amounts paid | ||||||
| 25 | under the block grant from State appropriations to a school | ||||||
| 26 | district in a city having a population exceeding 500,000 | ||||||
| |||||||
| |||||||
| 1 | inhabitants shall be appropriated and expended by the board of | ||||||
| 2 | that district for any of the programs included in the block | ||||||
| 3 | grant or any of the board's lawful purposes. The district is | ||||||
| 4 | not required to file any application or other claim in order to | ||||||
| 5 | receive the block grant to which it is entitled under this | ||||||
| 6 | Section. The Department of Early Childhood shall make payments | ||||||
| 7 | to the district of amounts due under the district's block | ||||||
| 8 | grant on a schedule determined by the Department. A school | ||||||
| 9 | district to which this Section applies shall report to the | ||||||
| 10 | Department of Early Childhood on its use of the block grant in | ||||||
| 11 | such form and detail as the Department may specify. In | ||||||
| 12 | addition, the report must include the following description | ||||||
| 13 | for the district, which must also be reported to the General | ||||||
| 14 | Assembly: block grant allocation and expenditures by program; | ||||||
| 15 | population and service levels by program; and administrative | ||||||
| 16 | expenditures by program. The Department shall ensure that the | ||||||
| 17 | reporting requirements for the district are the same as for | ||||||
| 18 | all other school districts in this State. Beginning in Fiscal | ||||||
| 19 | Year 2018, at least 25% of any additional Preschool Education, | ||||||
| 20 | Parental Training, and Prevention Initiative program funding | ||||||
| 21 | over and above the previous fiscal year's allocation shall be | ||||||
| 22 | used to fund programs for children ages 0-3. Beginning in | ||||||
| 23 | Fiscal Year 2018, funding for Preschool Education, Parental | ||||||
| 24 | Training, and Prevention Initiative programs above the | ||||||
| 25 | allocation for these programs in Fiscal Year 2017 must be used | ||||||
| 26 | solely as a supplement for these programs and may not supplant | ||||||
| |||||||
| |||||||
| 1 | funds received from other sources. (b-10). | ||||||
| 2 | (c) The educational services block grant shall include the | ||||||
| 3 | following programs: Regular and Vocational Transportation, | ||||||
| 4 | State Lunch and Free Breakfast Program, Special Education | ||||||
| 5 | (Personnel, Transportation, Orphanage, Private Tuition), | ||||||
| 6 | funding for children requiring special education services, | ||||||
| 7 | Summer School, Educational Service Centers, and | ||||||
| 8 | Administrator's Academy. This subsection (c) does not relieve | ||||||
| 9 | the district of its obligation to provide the services | ||||||
| 10 | required under a program that is included within the | ||||||
| 11 | educational services block grant. It is the intention of the | ||||||
| 12 | General Assembly in enacting the provisions of this subsection | ||||||
| 13 | (c) to relieve the district of the administrative burdens that | ||||||
| 14 | impede efficiency and accompany single-program funding. The | ||||||
| 15 | General Assembly encourages the board to pursue mandate | ||||||
| 16 | waivers pursuant to Section 2-3.25g. | ||||||
| 17 | The funding program included in the educational services | ||||||
| 18 | block grant for funding for children requiring special | ||||||
| 19 | education services in each fiscal year shall be treated in | ||||||
| 20 | that fiscal year as a payment to the school district in respect | ||||||
| 21 | of services provided or costs incurred in the prior fiscal | ||||||
| 22 | year, calculated in each case as provided in this Section. | ||||||
| 23 | Nothing in this Section shall change the nature of payments | ||||||
| 24 | for any program that, apart from this Section, would be or, | ||||||
| 25 | prior to adoption or amendment of this Section, was on the | ||||||
| 26 | basis of a payment in a fiscal year in respect of services | ||||||
| |||||||
| |||||||
| 1 | provided or costs incurred in the prior fiscal year, | ||||||
| 2 | calculated in each case as provided in this Section. | ||||||
| 3 | (d) For fiscal year 1996 through fiscal year 2017, the | ||||||
| 4 | amount of the district's block grants shall be determined as | ||||||
| 5 | follows: (i) with respect to each program that is included | ||||||
| 6 | within each block grant, the district shall receive an amount | ||||||
| 7 | equal to the same percentage of the current fiscal year | ||||||
| 8 | appropriation made for that program as the percentage of the | ||||||
| 9 | appropriation received by the district from the 1995 fiscal | ||||||
| 10 | year appropriation made for that program, and (ii) the total | ||||||
| 11 | amount that is due the district under the block grant shall be | ||||||
| 12 | the aggregate of the amounts that the district is entitled to | ||||||
| 13 | receive for the fiscal year with respect to each program that | ||||||
| 14 | is included within the block grant that the State Board of | ||||||
| 15 | Education shall award the district under this Section for that | ||||||
| 16 | fiscal year. In the case of the Summer Bridges program, the | ||||||
| 17 | amount of the district's block grant shall be equal to 44% of | ||||||
| 18 | the amount of the current fiscal year appropriation made for | ||||||
| 19 | that program. | ||||||
| 20 | (e) The district is not required to file any application | ||||||
| 21 | or other claim in order to receive the block grants to which it | ||||||
| 22 | is entitled under this Section. The State Board of Education | ||||||
| 23 | shall make payments to the district of amounts due under the | ||||||
| 24 | district's block grants on a schedule determined by the State | ||||||
| 25 | Board of Education. | ||||||
| 26 | (f) A school district to which this Section applies shall | ||||||
| |||||||
| |||||||
| 1 | report to the State Board of Education on its use of the block | ||||||
| 2 | grants in such form and detail as the State Board of Education | ||||||
| 3 | may specify. In addition, the report must include the | ||||||
| 4 | following description for the district, which must also be | ||||||
| 5 | reported to the General Assembly: block grant allocation and | ||||||
| 6 | expenditures by program; population and service levels by | ||||||
| 7 | program; and administrative expenditures by program. The State | ||||||
| 8 | Board of Education shall ensure that the reporting | ||||||
| 9 | requirements for the district are the same as for all other | ||||||
| 10 | school districts in this State. | ||||||
| 11 | (g) Through fiscal year 2017, this paragraph provides for | ||||||
| 12 | the treatment of block grants under Article 1C for purposes of | ||||||
| 13 | calculating the amount of block grants for a district under | ||||||
| 14 | this Section. Those block grants under Article 1C are, for | ||||||
| 15 | this purpose, treated as included in the amount of | ||||||
| 16 | appropriation for the various programs set forth in paragraph | ||||||
| 17 | (b) above. The appropriation in each current fiscal year for | ||||||
| 18 | each block grant under Article 1C shall be treated for these | ||||||
| 19 | purposes as appropriations for the individual program included | ||||||
| 20 | in that block grant. The proportion of each block grant so | ||||||
| 21 | allocated to each such program included in it shall be the | ||||||
| 22 | proportion which the appropriation for that program was of all | ||||||
| 23 | appropriations for such purposes now in that block grant, in | ||||||
| 24 | fiscal 1995. | ||||||
| 25 | Payments to the school district under this Section with | ||||||
| 26 | respect to each program for which payments to school districts | ||||||
| |||||||
| |||||||
| 1 | generally, as of the date of this amendatory Act of the 92nd | ||||||
| 2 | General Assembly, are on a reimbursement basis shall continue | ||||||
| 3 | to be made to the district on a reimbursement basis, pursuant | ||||||
| 4 | to the provisions of this Code governing those programs. | ||||||
| 5 | (h) Notwithstanding any other provision of law, any school | ||||||
| 6 | district receiving a block grant under this Section may | ||||||
| 7 | classify all or a portion of the funds that it receives in a | ||||||
| 8 | particular fiscal year from any block grant authorized under | ||||||
| 9 | this Code or from general State aid pursuant to Section | ||||||
| 10 | 18-8.05 of this Code (other than supplemental general State | ||||||
| 11 | aid) as funds received in connection with any funding program | ||||||
| 12 | for which it is entitled to receive funds from the State in | ||||||
| 13 | that fiscal year (including, without limitation, any funding | ||||||
| 14 | program referred to in subsection (c) of this Section), | ||||||
| 15 | regardless of the source or timing of the receipt. The | ||||||
| 16 | district may not classify more funds as funds received in | ||||||
| 17 | connection with the funding program than the district is | ||||||
| 18 | entitled to receive in that fiscal year for that program. Any | ||||||
| 19 | classification by a district must be made by a resolution of | ||||||
| 20 | its board of education. The resolution must identify the | ||||||
| 21 | amount of any block grant or general State aid to be classified | ||||||
| 22 | under this subsection (h) and must specify the funding program | ||||||
| 23 | to which the funds are to be treated as received in connection | ||||||
| 24 | therewith. This resolution is controlling as to the | ||||||
| 25 | classification of funds referenced therein. A certified copy | ||||||
| 26 | of the resolution must be sent to the State Superintendent of | ||||||
| |||||||
| |||||||
| 1 | Education. The resolution shall still take effect even though | ||||||
| 2 | a copy of the resolution has not been sent to the State | ||||||
| 3 | Superintendent of Education in a timely manner. No | ||||||
| 4 | classification under this subsection (h) by a district shall | ||||||
| 5 | affect the total amount or timing of money the district is | ||||||
| 6 | entitled to receive under this Code. No classification under | ||||||
| 7 | this subsection (h) by a district shall in any way relieve the | ||||||
| 8 | district from or affect any requirements that otherwise would | ||||||
| 9 | apply with respect to the block grant as provided in this | ||||||
| 10 | Section, including any accounting of funds by source, | ||||||
| 11 | reporting expenditures by original source and purpose, | ||||||
| 12 | reporting requirements, or requirements of provision of | ||||||
| 13 | services. | ||||||
| 14 | (Source: P.A. 100-465, eff. 8-31-17; 103-594, eff. 6-25-24; | ||||||
| 15 | revised 10-21-24.)
| ||||||
| 16 | (105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f) | ||||||
| 17 | Sec. 2-3.25f. State interventions. | ||||||
| 18 | (a) The State Board of Education shall provide technical | ||||||
| 19 | assistance to schools in school improvement status to assist | ||||||
| 20 | with the development and implementation of Improvement Plans. | ||||||
| 21 | Schools or school districts that fail to make reasonable | ||||||
| 22 | efforts to implement an approved Improvement Plan may suffer | ||||||
| 23 | loss of State funds by school district, attendance center, or | ||||||
| 24 | program as the State Board of Education deems appropriate. | ||||||
| 25 | (a-5) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (b) Schools that receive Targeted Support or Comprehensive | ||||||
| 2 | Support designations shall enter a 4-year cycle of school | ||||||
| 3 | improvement status. If, at the end of the 4-year cycle, the | ||||||
| 4 | school fails to meet the exit criteria specified in the State | ||||||
| 5 | Plan referenced in subsection (b) of Section 2-3.25a of this | ||||||
| 6 | Code, the school shall escalate to a more intensive | ||||||
| 7 | intervention. Targeted Support schools that remain Targeted | ||||||
| 8 | for one or more of the same student groups as in the initial | ||||||
| 9 | identification after completion of a 4-year cycle of Targeted | ||||||
| 10 | School Improvement shall be redesignated as Comprehensive | ||||||
| 11 | Support schools, as provided in paragraph (2.5) of subsection | ||||||
| 12 | (a) of Section 2-3.25d-5 of this Code. Comprehensive Support | ||||||
| 13 | schools that remain in the lowest-performing 5% after | ||||||
| 14 | completion of a 4-year cycle of Comprehensive School | ||||||
| 15 | Improvement shall be redesignated as Intensive Support schools | ||||||
| 16 | and shall escalate through more rigorous, tiered support, | ||||||
| 17 | developed in consultation with the Balanced Accountability | ||||||
| 18 | Measure Committee and other relevant stakeholder groups, which | ||||||
| 19 | may ultimately result in the (i) change of recognition status | ||||||
| 20 | of the school district or school to nonrecognized or (ii) | ||||||
| 21 | authorization for the State Superintendent of Education to | ||||||
| 22 | direct the reassignment of pupils or direct the reassignment | ||||||
| 23 | or replacement of school or school district personnel. If a | ||||||
| 24 | school district is nonrecognized in its entirety, for any | ||||||
| 25 | reason, including those not related to performance in the | ||||||
| 26 | accountability system, it shall automatically be dissolved on | ||||||
| |||||||
| |||||||
| 1 | July 1 following that nonrecognition and its territory | ||||||
| 2 | realigned with another school district or districts by the | ||||||
| 3 | regional board of school trustees in accordance with the | ||||||
| 4 | procedures set forth in Section 7-11 of the School Code. The | ||||||
| 5 | effective date of the nonrecognition of a school shall be July | ||||||
| 6 | 1 following the nonrecognition. | ||||||
| 7 | (b-5) The State Board of Education shall also develop a | ||||||
| 8 | system to provide assistance and resources to lower performing | ||||||
| 9 | school districts. At a minimum, the State Board shall identify | ||||||
| 10 | school districts to receive Intensive, Comprehensive, and | ||||||
| 11 | Targeted Support. The school district shall provide the | ||||||
| 12 | exclusive bargaining representative with a 5-day notice that | ||||||
| 13 | the district has had one or more schools within the district | ||||||
| 14 | identified as being in Comprehensive or Intensive School | ||||||
| 15 | Improvement Status. In addition, the State Board may, by rule, | ||||||
| 16 | develop other categories of low-performing schools and school | ||||||
| 17 | districts to receive services. | ||||||
| 18 | The State Board of Education shall work with districts | ||||||
| 19 | with one or more schools in Comprehensive or Intensive School | ||||||
| 20 | Improvement Status, through technical assistance and | ||||||
| 21 | professional development, based on the results of the needs | ||||||
| 22 | assessment under Section 2-3.25d-5 of this Code, to develop | ||||||
| 23 | and implement a continuous improvement plan that would | ||||||
| 24 | increase outcomes for students. The plan for continuous | ||||||
| 25 | improvement shall be based on the results of the needs | ||||||
| 26 | assessment and shall be used to determine the types of | ||||||
| |||||||
| |||||||
| 1 | services that are to be provided to each Comprehensive and | ||||||
| 2 | Intensive School. Potential services may include, but are not | ||||||
| 3 | limited to, monitoring adult and student practices, reviewing | ||||||
| 4 | and reallocating district resources, developing a district and | ||||||
| 5 | school leadership team, providing access to curricular content | ||||||
| 6 | area specialists, and providing online resources and | ||||||
| 7 | professional development. | ||||||
| 8 | The support provided by a vendor or learning partner | ||||||
| 9 | approved to support a school's continuous improvement plan | ||||||
| 10 | related to English language arts must be based on the | ||||||
| 11 | comprehensive literacy plan for the State developed by the | ||||||
| 12 | State Board of Education under Section 2-3.200 2-3.196, as | ||||||
| 13 | added by Public Act 103-402. | ||||||
| 14 | The State Board of Education may require districts with | ||||||
| 15 | one or more Comprehensive or Intensive Schools identified as | ||||||
| 16 | having deficiencies in one or more core functions of the needs | ||||||
| 17 | assessment to undergo an accreditation process. | ||||||
| 18 | (c) All federal requirements apply to schools and school | ||||||
| 19 | districts utilizing federal funds under Title I, Part A of the | ||||||
| 20 | federal Elementary and Secondary Education Act of 1965. | ||||||
| 21 | (Source: P.A. 103-175, eff. 6-30-23; 103-735, eff. 1-1-25; | ||||||
| 22 | revised 11-26-24.)
| ||||||
| 23 | (105 ILCS 5/2-3.169) | ||||||
| 24 | Sec. 2-3.169. State Global Scholar Certification. | ||||||
| 25 | (a) The State Global Scholar Certification Program is | ||||||
| |||||||
| |||||||
| 1 | established to recognize recognized public and nonpublic high | ||||||
| 2 | school graduates who have attained global competence. State | ||||||
| 3 | Global Scholar Certification shall be awarded beginning with | ||||||
| 4 | the 2017-2018 school year. School district or nonpublic school | ||||||
| 5 | participation in this certification is voluntary. | ||||||
| 6 | (b) The purposes of State Global Scholar Certification are | ||||||
| 7 | as follows: | ||||||
| 8 | (1) To recognize the value of a global education. | ||||||
| 9 | (2) To certify attainment of global competence. | ||||||
| 10 | (3) To provide employers with a method of identifying | ||||||
| 11 | globally competent employees. | ||||||
| 12 | (4) To provide colleges and universities with an | ||||||
| 13 | additional method to recognize applicants seeking | ||||||
| 14 | admission. | ||||||
| 15 | (5) To prepare students with 21st century skills. | ||||||
| 16 | (6) To encourage the development of a globally ready | ||||||
| 17 | workforce in the STEM (science, technology, engineering, | ||||||
| 18 | and mathematics), manufacturing, agriculture, and service | ||||||
| 19 | sectors. | ||||||
| 20 | (c) State Global Scholar Certification confirms attainment | ||||||
| 21 | of global competence, sufficient for meaningful use in college | ||||||
| 22 | and a career, by a graduating public or nonpublic high school | ||||||
| 23 | student. | ||||||
| 24 | (d) The State Board of Education shall adopt such rules as | ||||||
| 25 | may be necessary to establish the criteria that students must | ||||||
| 26 | achieve to earn State Global Scholar Certification, which | ||||||
| |||||||
| |||||||
| 1 | shall minimally include attainment of 6 globally focused | ||||||
| 2 | courses, service learning experiences, global collaboration or | ||||||
| 3 | dialogue, and passage of a capstone project demonstrating | ||||||
| 4 | global competency, as approved by the participating school | ||||||
| 5 | district or nonpublic school for this purpose. | ||||||
| 6 | (e) The State Board of Education shall do both of the | ||||||
| 7 | following: | ||||||
| 8 | (1) Prepare and deliver to participating school | ||||||
| 9 | districts or nonpublic schools an appropriate mechanism | ||||||
| 10 | for designating State Global Scholar Certification on the | ||||||
| 11 | diploma and transcript of a student indicating that the | ||||||
| 12 | student has been awarded State Global Scholar | ||||||
| 13 | Certification by the State Board of Education. | ||||||
| 14 | (2) Provide other information the State Board of | ||||||
| 15 | Education deems necessary for school districts or | ||||||
| 16 | nonpublic schools to successfully participate in the | ||||||
| 17 | certification. | ||||||
| 18 | (f) A school district or nonpublic school that | ||||||
| 19 | participates in certification under this Section shall do both | ||||||
| 20 | of the following: | ||||||
| 21 | (1) Maintain appropriate records in order to identify | ||||||
| 22 | students who have earned State Global Scholar | ||||||
| 23 | Certification. | ||||||
| 24 | (2) Make the appropriate designation on the diploma | ||||||
| 25 | and transcript of each student who earns State Global | ||||||
| 26 | Scholar Certification. | ||||||
| |||||||
| |||||||
| 1 | (g) No fee may be charged to a student to receive the | ||||||
| 2 | designation pursuant to the Section. Notwithstanding this | ||||||
| 3 | prohibition, costs may be incurred by the student in | ||||||
| 4 | demonstrating proficiency. | ||||||
| 5 | (h) The State Board of Education shall adopt such rules as | ||||||
| 6 | may be necessary to provide students attending schools that do | ||||||
| 7 | not offer State Global Scholar Certification the opportunity | ||||||
| 8 | to earn State Global Scholar Certification remotely beginning | ||||||
| 9 | with the 2026-2027 school year. These rules shall include, but | ||||||
| 10 | are not limited to, a list of all school courses and course | ||||||
| 11 | codes derived from the State Board of Education's Illinois | ||||||
| 12 | State Course Catalog and Illinois Virtual Course Catalog that | ||||||
| 13 | are designated as and qualify as globally focused coursework. | ||||||
| 14 | If the provider of the online course determines and can | ||||||
| 15 | demonstrate that a student meets all of the criteria required | ||||||
| 16 | to earn State Global Scholar Certification, then the school | ||||||
| 17 | district or nonpublic school shall designate that the student | ||||||
| 18 | has earned State Global Scholar Certification on the student's | ||||||
| 19 | diploma and transcript. | ||||||
| 20 | A school district or nonpublic school shall provide, upon | ||||||
| 21 | the request of a student, evidence to the student that the | ||||||
| 22 | student has completed at least 6 globally focused courses | ||||||
| 23 | required to earn State Global Scholar Certification for the | ||||||
| 24 | student to submit to the provider of the online course. | ||||||
| 25 | A student enrolled in a school district or nonpublic | ||||||
| 26 | school that awarded State Global Scholar Certification prior | ||||||
| |||||||
| |||||||
| 1 | to the 2026-2027 school year and offered a course to complete | ||||||
| 2 | the capstone project requirement prior to the 2026-2027 school | ||||||
| 3 | year may not earn State Global Scholar Certification remotely | ||||||
| 4 | under this subsection (h). | ||||||
| 5 | (Source: P.A. 103-352, eff. 7-28-23; 103-979, eff. 1-1-25; | ||||||
| 6 | revised 11-26-24.)
| ||||||
| 7 | (105 ILCS 5/2-3.204) | ||||||
| 8 | Sec. 2-3.204. Type 1 diabetes informational materials. | ||||||
| 9 | (a) The State Board of Education, in coordination with the | ||||||
| 10 | Department of Public Health, shall develop type 1 diabetes | ||||||
| 11 | informational materials for the parents and guardians of | ||||||
| 12 | students. The informational materials shall be made available | ||||||
| 13 | to each school district and charter school on the State | ||||||
| 14 | Board's Internet website. Each school district and charter | ||||||
| 15 | school shall post the informational materials on the school | ||||||
| 16 | district's or charter school's website, if any. | ||||||
| 17 | (b) Information developed pursuant to this Section may | ||||||
| 18 | include, but is not limited to, all of the following: | ||||||
| 19 | (1) A description of type 1 diabetes. | ||||||
| 20 | (2) A description of the risk factors and warning | ||||||
| 21 | signs associated with type 1 diabetes. | ||||||
| 22 | (3) A recommendation regarding a student displaying | ||||||
| 23 | warning signs associated with type 1 diabetes that the | ||||||
| 24 | parent or guardian of the student should immediately | ||||||
| 25 | consult with the student's primary care provider to | ||||||
| |||||||
| |||||||
| 1 | determine if immediate screening for type 1 diabetes is | ||||||
| 2 | appropriate. | ||||||
| 3 | (4) A description of the screening process for type 1 | ||||||
| 4 | diabetes and the implications of test results. | ||||||
| 5 | (5) A recommendation that, following a type 1 diabetes | ||||||
| 6 | diagnosis, the parent or guardian should consult with the | ||||||
| 7 | student's primary care provider to develop an appropriate | ||||||
| 8 | treatment plan, which may include consultation with and | ||||||
| 9 | examination by a specialty care provider, including, but | ||||||
| 10 | not limited to, a properly qualified endocrinologist. | ||||||
| 11 | (Source: P.A. 103-641, eff. 7-1-24.)
| ||||||
| 12 | (105 ILCS 5/2-3.205) | ||||||
| 13 | Sec. 2-3.205 2-3.204. Air quality resources. The State | ||||||
| 14 | Board of Education shall, in consultation with the Department | ||||||
| 15 | of Public Health, compile resources for elementary and | ||||||
| 16 | secondary schools relating to indoor air quality in schools, | ||||||
| 17 | including best practices for assessing and maintaining | ||||||
| 18 | ventilation systems and information on any potential State or | ||||||
| 19 | federal funding sources that may assist a school in | ||||||
| 20 | identifying ventilation needs. The State Board of Education | ||||||
| 21 | shall compile these resources in consultation with | ||||||
| 22 | stakeholders, including, but not limited to, the Department of | ||||||
| 23 | Public Health, local public health professionals, ventilation | ||||||
| 24 | professionals affiliated with a Department of Labor | ||||||
| 25 | apprenticeship program, licensed design professionals, | ||||||
| |||||||
| |||||||
| 1 | representatives from regional offices of education, school | ||||||
| 2 | district administrators, teachers, or any other relevant | ||||||
| 3 | professionals, stakeholders, or representatives of State | ||||||
| 4 | agencies. No later than 30 days after resources are compiled | ||||||
| 5 | under this Section, the State Board of Education shall | ||||||
| 6 | implement outreach strategies to make the compiled resources | ||||||
| 7 | available to elementary and secondary schools, including | ||||||
| 8 | publication of the compiled resources on the State Board of | ||||||
| 9 | Education's website. The State Board of Education may, in | ||||||
| 10 | consultation with the Department of Public Health or any other | ||||||
| 11 | relevant stakeholders, update the compiled resources as | ||||||
| 12 | necessary. | ||||||
| 13 | (Source: P.A. 103-736, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 14 | (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) | ||||||
| 15 | Sec. 5-1. County school units. | ||||||
| 16 | (a) The territory in each county, exclusive of any school | ||||||
| 17 | district governed by any special act which requires the | ||||||
| 18 | district to appoint its own school treasurer, shall constitute | ||||||
| 19 | a county school unit. County school units of less than | ||||||
| 20 | 2,000,000 inhabitants shall be known as Class I county school | ||||||
| 21 | units and the office of township trustees, where existing on | ||||||
| 22 | July 1, 1962, in such units shall be abolished on that date and | ||||||
| 23 | all books and records of such former township trustees shall | ||||||
| 24 | be forthwith thereafter transferred to the county board of | ||||||
| 25 | school trustees. County school units of 2,000,000 or more | ||||||
| |||||||
| |||||||
| 1 | inhabitants shall be known as Class II county school units and | ||||||
| 2 | shall retain the office of township trustees unless otherwise | ||||||
| 3 | provided in subsection (b), (c), or (d), or shall be | ||||||
| 4 | administered as provided in Section 5-2.2. | ||||||
| 5 | (b) Notwithstanding subsections (a) and (c), the school | ||||||
| 6 | board of any elementary school district having a fall, 1989 | ||||||
| 7 | aggregate enrollment of at least 2,500 but less than 6,500 | ||||||
| 8 | pupils and having boundaries that are coterminous with the | ||||||
| 9 | boundaries of a high school district, and the school board of | ||||||
| 10 | any high school district having a fall, 1989 aggregate | ||||||
| 11 | enrollment of at least 2,500 but less than 6,500 pupils and | ||||||
| 12 | having boundaries that are coterminous with the boundaries of | ||||||
| 13 | an elementary school district, may, whenever the territory of | ||||||
| 14 | such school district forms a part of a Class II county school | ||||||
| 15 | unit, by proper resolution withdraw such school district from | ||||||
| 16 | the jurisdiction and authority of the trustees of schools of | ||||||
| 17 | the township in which such school district is located and from | ||||||
| 18 | the jurisdiction and authority of the township treasurer in | ||||||
| 19 | such Class II county school unit; provided that the school | ||||||
| 20 | board of any such school district shall, upon the adoption and | ||||||
| 21 | passage of such resolution, thereupon elect or appoint its own | ||||||
| 22 | school treasurer as provided in Section 8-1. Upon the adoption | ||||||
| 23 | and passage of such resolution and the election or appointment | ||||||
| 24 | by the school board of its own school treasurer: (1) the | ||||||
| 25 | trustees of schools in such township shall no longer have or | ||||||
| 26 | exercise any powers and duties with respect to the school | ||||||
| |||||||
| |||||||
| 1 | district governed by such school board or with respect to the | ||||||
| 2 | school business, operations or assets of such school district; | ||||||
| 3 | and (2) all books and records of the township trustees | ||||||
| 4 | relating to the school business and affairs of such school | ||||||
| 5 | district shall be transferred and delivered to the school | ||||||
| 6 | board of such school district. Upon the effective date of | ||||||
| 7 | Public Act 88-155 this amendatory Act of 1993, the legal title | ||||||
| 8 | to, and all right, title, and interest formerly held by the | ||||||
| 9 | township trustees in any school buildings and school sites | ||||||
| 10 | used and occupied by the school board of such school district | ||||||
| 11 | for school purposes, that legal title, right, title, and | ||||||
| 12 | interest thereafter having been transferred to and vested in | ||||||
| 13 | the regional board of school trustees under Public Act P.A. | ||||||
| 14 | 87-473 until the abolition of that regional board of school | ||||||
| 15 | trustees by Public Act P.A. 87-969, shall be deemed | ||||||
| 16 | transferred by operation of law to and shall vest in the school | ||||||
| 17 | board of that school district. | ||||||
| 18 | Notwithstanding subsections (a) and (c), the school boards | ||||||
| 19 | of Oak Park & River Forest District 200, Oak Park Elementary | ||||||
| 20 | School District 97, and River Forest School District 90 may, | ||||||
| 21 | by proper resolution, withdraw from the jurisdiction and | ||||||
| 22 | authority of the trustees of schools of Proviso and Cicero | ||||||
| 23 | Townships and the township treasurer, provided that the school | ||||||
| 24 | board shall, upon the adoption and passage of the resolution, | ||||||
| 25 | elect or appoint its own school treasurer as provided in | ||||||
| 26 | Section 8-1 of this Code. Upon the adoption and passage of the | ||||||
| |||||||
| |||||||
| 1 | resolution and the election or appointment by the school board | ||||||
| 2 | of its own school treasurer: (1) the trustees of schools in the | ||||||
| 3 | township or townships shall no longer have or exercise any | ||||||
| 4 | powers or duties with respect to the school district or with | ||||||
| 5 | respect to the school business, operations, or assets of the | ||||||
| 6 | school district; (2) all books and records of the trustees of | ||||||
| 7 | schools and all moneys, securities, loanable funds, and other | ||||||
| 8 | assets relating to the school business and affairs of the | ||||||
| 9 | school district shall be transferred and delivered to the | ||||||
| 10 | school board; and (3) all legal title to and all right, title, | ||||||
| 11 | and interest formerly held by the trustees of schools in any | ||||||
| 12 | common school lands, school buildings, or school sites used | ||||||
| 13 | and occupied by the school board and all rights of property and | ||||||
| 14 | causes of action pertaining to or constituting a part of the | ||||||
| 15 | common school lands, buildings, or sites shall be deemed | ||||||
| 16 | transferred by operation of law to and shall vest in the school | ||||||
| 17 | board. | ||||||
| 18 | Notwithstanding subsections (a) and (c), the respective | ||||||
| 19 | school boards of Berwyn North School District 98, Berwyn South | ||||||
| 20 | School District 100, Cicero School District 99, and J.S. | ||||||
| 21 | Morton High School District 201 may, by proper resolution, | ||||||
| 22 | withdraw from the jurisdiction and authority of the trustees | ||||||
| 23 | of schools of Cicero Township and the township treasurer, | ||||||
| 24 | provided that the school board shall, upon the adoption and | ||||||
| 25 | passage of the resolution, elect or appoint its own school | ||||||
| 26 | treasurer as provided in Section 8-1 of this Code. Upon the | ||||||
| |||||||
| |||||||
| 1 | adoption and passage of the resolution and the election or | ||||||
| 2 | appointment by the school board of its own school treasurer: | ||||||
| 3 | (1) the trustees of schools in the township shall no longer | ||||||
| 4 | have or exercise any powers or duties with respect to the | ||||||
| 5 | school district or with respect to the school business, | ||||||
| 6 | operations, or assets of the school district; (2) all books | ||||||
| 7 | and records of the trustees of schools and all moneys, | ||||||
| 8 | securities, loanable funds, and other assets relating to the | ||||||
| 9 | school business and affairs of the school district shall be | ||||||
| 10 | transferred and delivered to the school board; and (3) all | ||||||
| 11 | legal title to and all right, title, and interest formerly | ||||||
| 12 | held by the trustees of schools in any common school lands, | ||||||
| 13 | school buildings, or school sites used and occupied by the | ||||||
| 14 | school board and all rights of property and causes of action | ||||||
| 15 | pertaining to or constituting a part of the common school | ||||||
| 16 | lands, buildings, or sites shall be deemed transferred by | ||||||
| 17 | operation of law to and shall vest in the school board. | ||||||
| 18 | Notwithstanding subsections (a) and (c) of this Section | ||||||
| 19 | and upon final judgment, including the exhaustion of all | ||||||
| 20 | appeals or a settlement between all parties, regarding claims | ||||||
| 21 | set forth in the case of Township Trustees of Schools Township | ||||||
| 22 | 38 North, Range 12 East v. Lyons Township High School District | ||||||
| 23 | No. 204 case N. 13 CH 23386 pending in 2018 in the Circuit | ||||||
| 24 | Court of Cook County, Illinois, County Department, Chancery | ||||||
| 25 | Division, and all related pending claims, the school board of | ||||||
| 26 | Lyons Township High School District 204 may commence, by | ||||||
| |||||||
| |||||||
| 1 | proper resolution, to withdraw from the jurisdiction and | ||||||
| 2 | authority of the trustees of schools of Lyons Township and the | ||||||
| 3 | township treasurer, provided that the school board shall, upon | ||||||
| 4 | the adoption and passage of the resolution, elect or appoint | ||||||
| 5 | its own school treasurer as provided in Section 8-1 of this | ||||||
| 6 | Code. Upon the adoption and passage of the resolution and the | ||||||
| 7 | election or appointment by the school board of its own school | ||||||
| 8 | treasurer commencing with the first day of the succeeding | ||||||
| 9 | fiscal year, but not prior to July 1, 2019: (1) the trustees of | ||||||
| 10 | schools in the township shall no longer have or exercise any | ||||||
| 11 | powers or duties with respect to the school district or with | ||||||
| 12 | respect to the school business, operations, or assets of the | ||||||
| 13 | school district; (2) all books and records of the trustees of | ||||||
| 14 | schools and all moneys, securities, loanable funds, and other | ||||||
| 15 | assets relating to the school business and affairs of the | ||||||
| 16 | school district shall be transferred and delivered to the | ||||||
| 17 | school board, allowing for a reasonable period of time not to | ||||||
| 18 | exceed 90 days to liquidate any pooled investments; and (3) | ||||||
| 19 | all legal title to and all right, title, and interest formerly | ||||||
| 20 | held by the trustees of schools in any common school lands, | ||||||
| 21 | school buildings, or school sites used and occupied by the | ||||||
| 22 | school board and all rights of property and causes of action | ||||||
| 23 | pertaining to or constituting a part of the common school | ||||||
| 24 | lands, buildings, or sites shall be deemed transferred by | ||||||
| 25 | operation of law to and shall vest in the school board. The | ||||||
| 26 | changes made to this Section by Public Act 100-921 this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 100th General Assembly are prospective | ||||||
| 2 | only, starting from August 17, 2018 (the effective date of | ||||||
| 3 | Public Act 100-921) this amendatory Act of the 100th General | ||||||
| 4 | Assembly, and shall not affect any legal action pending on | ||||||
| 5 | August 17, 2018 (the effective date of Public Act 100-921) | ||||||
| 6 | this amendatory Act of the 100th General Assembly in the | ||||||
| 7 | Illinois courts in which Lyons Township High School District | ||||||
| 8 | 204 is a listed party. | ||||||
| 9 | Notwithstanding subsections (a) and (c), the school boards | ||||||
| 10 | of Glenbrook High School District 225, Northbrook Elementary | ||||||
| 11 | School District 27, Northbrook School District 28, Sunset | ||||||
| 12 | Ridge School District 29, Northbrook/Glenview School District | ||||||
| 13 | 30, West Northfield School District 31, and Glenview Community | ||||||
| 14 | Consolidated School District 34 may, by proper resolution, | ||||||
| 15 | withdraw from the jurisdiction and authority of the trustees | ||||||
| 16 | of schools of Northfield and Maine Townships and the township | ||||||
| 17 | treasurer, provided that the school board shall, upon the | ||||||
| 18 | adoption and passage of the resolution, elect or appoint its | ||||||
| 19 | own school treasurer as provided in Section 8-1 of this Code. | ||||||
| 20 | Upon the adoption and passage of the resolution and the | ||||||
| 21 | election or appointment by the school board of its own school | ||||||
| 22 | treasurer: (1) the trustees of schools in the township or | ||||||
| 23 | townships shall no longer have or exercise any powers or | ||||||
| 24 | duties with respect to the school district or with respect to | ||||||
| 25 | the school business, operations, or assets of the school | ||||||
| 26 | district; (2) all books and records of the trustees of schools | ||||||
| |||||||
| |||||||
| 1 | and all moneys, securities, loanable funds, and other assets | ||||||
| 2 | relating to the school business and affairs of the school | ||||||
| 3 | district shall be transferred and delivered to the school | ||||||
| 4 | board; and (3) all legal title to and all right, title, and | ||||||
| 5 | interest formerly held by the trustees of schools in any | ||||||
| 6 | common school lands, school buildings, or school sites used | ||||||
| 7 | and occupied by the school board and all rights of property and | ||||||
| 8 | causes of action pertaining to or constituting a part of the | ||||||
| 9 | common school lands, buildings, or sites shall be deemed | ||||||
| 10 | transferred by operation of law to and shall vest in the school | ||||||
| 11 | board. | ||||||
| 12 | (c) Notwithstanding the provisions of subsection (a), the | ||||||
| 13 | offices of township treasurer and trustee of schools of any | ||||||
| 14 | township located in a Class II county school unit shall be | ||||||
| 15 | abolished as provided in this subsection if all of the | ||||||
| 16 | following conditions are met: | ||||||
| 17 | (1) During the same 30-day 30 day period, each school | ||||||
| 18 | board of each elementary and unit school district that is | ||||||
| 19 | subject to the jurisdiction and authority of the township | ||||||
| 20 | treasurer and trustees of schools of the township in which | ||||||
| 21 | those offices are sought to be abolished gives written | ||||||
| 22 | notice by certified mail, return receipt requested to the | ||||||
| 23 | township treasurer and trustees of schools of that | ||||||
| 24 | township of the date of a meeting of the school board, to | ||||||
| 25 | be held not more than 90 nor less than 60 days after the | ||||||
| 26 | date when the notice is given, at which meeting the school | ||||||
| |||||||
| |||||||
| 1 | board is to consider and vote upon the question of whether | ||||||
| 2 | there shall be submitted to the electors of the school | ||||||
| 3 | district a proposition to abolish the offices of township | ||||||
| 4 | treasurer and trustee of schools of that township. None of | ||||||
| 5 | the notices given under this paragraph to the township | ||||||
| 6 | treasurer and trustees of schools of a township shall be | ||||||
| 7 | deemed sufficient or in compliance with the requirements | ||||||
| 8 | of this paragraph unless all of those notices are given | ||||||
| 9 | within the same 30-day 30 day period. | ||||||
| 10 | (2) Each school board of each elementary and unit | ||||||
| 11 | school district that is subject to the jurisdiction and | ||||||
| 12 | authority of the township treasurer and trustees of | ||||||
| 13 | schools of the township in which those offices are sought | ||||||
| 14 | to be abolished, by the affirmative vote of at least 5 | ||||||
| 15 | members of the school board at a school board meeting of | ||||||
| 16 | which notice is given as required by paragraph (1) of this | ||||||
| 17 | subsection, adopts a resolution requiring the secretary of | ||||||
| 18 | the school board to certify to the proper election | ||||||
| 19 | authorities for submission to the electors of the school | ||||||
| 20 | district at the next consolidated election in accordance | ||||||
| 21 | with the general election law a proposition to abolish the | ||||||
| 22 | offices of township treasurer and trustee of schools of | ||||||
| 23 | that township. None of the resolutions adopted under this | ||||||
| 24 | paragraph by any elementary or unit school districts that | ||||||
| 25 | are subject to the jurisdiction and authority of the | ||||||
| 26 | township treasurer and trustees of schools of the township | ||||||
| |||||||
| |||||||
| 1 | in which those offices are sought to be abolished shall be | ||||||
| 2 | deemed in compliance with the requirements of this | ||||||
| 3 | paragraph or sufficient to authorize submission of the | ||||||
| 4 | proposition to abolish those offices to a referendum of | ||||||
| 5 | the electors in any such school district unless all of the | ||||||
| 6 | school boards of all of the elementary and unit school | ||||||
| 7 | districts that are subject to the jurisdiction and | ||||||
| 8 | authority of the township treasurer and trustees of | ||||||
| 9 | schools of that township adopt such a resolution in | ||||||
| 10 | accordance with the provisions of this paragraph. | ||||||
| 11 | (3) The school boards of all of the elementary and | ||||||
| 12 | unit school districts that are subject to the jurisdiction | ||||||
| 13 | and authority of the township treasurer and trustees of | ||||||
| 14 | schools of the township in which those offices are sought | ||||||
| 15 | to be abolished submit a proposition to abolish the | ||||||
| 16 | offices of township treasurer and trustee of schools of | ||||||
| 17 | that township to the electors of their respective school | ||||||
| 18 | districts at the same consolidated election in accordance | ||||||
| 19 | with the general election law, the ballot in each such | ||||||
| 20 | district to be in substantially the following form: | ||||||
| 21 | ---------------------------------------------- | ||||||
| 22 | OFFICIAL BALLOT | ||||||
| 23 | Shall the offices of township
| ||||||
| 24 | treasurer and YES
| ||||||
| 25 | trustee of -------------
| ||||||
| 26 | schools of Township ..... NO
| ||||||
| |||||||
| |||||||
| 1 | Range ..... be abolished?
| ||||||
| 2 | --------------------------------------------------------- | ||||||
| 3 | (4) At the consolidated election at which the | ||||||
| 4 | proposition to abolish the offices of township treasurer | ||||||
| 5 | and trustee of schools of a township is submitted to the | ||||||
| 6 | electors of each elementary and unit school district that | ||||||
| 7 | is subject to the jurisdiction and authority of the | ||||||
| 8 | township treasurer and trustee of schools of that | ||||||
| 9 | township, a majority of the electors voting on the | ||||||
| 10 | proposition in each such elementary and unit school | ||||||
| 11 | district votes in favor of the proposition as submitted to | ||||||
| 12 | them. | ||||||
| 13 | If in each elementary and unit school district that is | ||||||
| 14 | subject to the jurisdiction and authority of the township | ||||||
| 15 | treasurer and trustees of schools of the township in which | ||||||
| 16 | those offices are sought to be abolished a majority of the | ||||||
| 17 | electors in each such district voting at the consolidated | ||||||
| 18 | election on the proposition to abolish the offices of township | ||||||
| 19 | treasurer and trustee of schools of that township votes in | ||||||
| 20 | favor of the proposition as submitted to them, the proposition | ||||||
| 21 | shall be deemed to have passed; but if in any such elementary | ||||||
| 22 | or unit school district a majority of the electors voting on | ||||||
| 23 | that proposition in that district fails to vote in favor of the | ||||||
| 24 | proposition as submitted to them, then notwithstanding the | ||||||
| 25 | vote of the electors in any other such elementary or unit | ||||||
| 26 | school district on that proposition the proposition shall not | ||||||
| |||||||
| |||||||
| 1 | be deemed to have passed in any of those elementary or unit | ||||||
| 2 | school districts, and the offices of township treasurer and | ||||||
| 3 | trustee of schools of the township in which those offices were | ||||||
| 4 | sought to be abolished shall not be abolished, unless in each | ||||||
| 5 | of those elementary and unit school districts remaining | ||||||
| 6 | subject to the jurisdiction and authority of the township | ||||||
| 7 | treasurer and trustees of schools of that township proceedings | ||||||
| 8 | are again initiated to abolish those offices and all of the | ||||||
| 9 | proceedings and conditions prescribed in paragraphs (1) | ||||||
| 10 | through (4) of this subsection are repeated and met in each of | ||||||
| 11 | those elementary and unit school districts. | ||||||
| 12 | Notwithstanding the foregoing provisions of this Section | ||||||
| 13 | or any other provision of the School Code, the offices of | ||||||
| 14 | township treasurer and trustee of schools of a township that | ||||||
| 15 | has a population of less than 200,000 and that contains a unit | ||||||
| 16 | school district and is located in a Class II county school unit | ||||||
| 17 | shall also be abolished as provided in this subsection if all | ||||||
| 18 | of the conditions set forth in paragraphs (1), (2), and (3) of | ||||||
| 19 | this subsection are met and if the following additional | ||||||
| 20 | condition is met: | ||||||
| 21 | The electors in all of the school districts subject to | ||||||
| 22 | the jurisdiction and authority of the township treasurer | ||||||
| 23 | and trustees of schools of the township in which those | ||||||
| 24 | offices are sought to be abolished shall vote at the | ||||||
| 25 | consolidated election on the proposition to abolish the | ||||||
| 26 | offices of township treasurer and trustee of schools of | ||||||
| |||||||
| |||||||
| 1 | that township. If a majority of the electors in all of the | ||||||
| 2 | school districts combined voting on the proposition vote | ||||||
| 3 | in favor of the proposition, then the proposition shall be | ||||||
| 4 | deemed to have passed; but if a majority of the electors | ||||||
| 5 | voting on the proposition in all of the school district | ||||||
| 6 | fails to vote in favor of the proposition as submitted to | ||||||
| 7 | them, then the proposition shall not be deemed to have | ||||||
| 8 | passed and the offices of township treasurer and trustee | ||||||
| 9 | of schools of the township in which those offices were | ||||||
| 10 | sought to be abolished shall not be abolished, unless and | ||||||
| 11 | until the proceedings detailed in paragraphs (1) through | ||||||
| 12 | (3) of this subsection and the conditions set forth in | ||||||
| 13 | this paragraph are met. | ||||||
| 14 | If the proposition to abolish the offices of township | ||||||
| 15 | treasurer and trustee of schools of a township is deemed to | ||||||
| 16 | have passed at the consolidated election as provided in this | ||||||
| 17 | subsection, those offices shall be deemed abolished by | ||||||
| 18 | operation of law effective on January 1 of the calendar year | ||||||
| 19 | immediately following the calendar year in which that | ||||||
| 20 | consolidated election is held, provided that if after the | ||||||
| 21 | election, the trustees of schools by resolution elect to | ||||||
| 22 | abolish the offices of township treasurer and trustee of | ||||||
| 23 | schools effective on July 1 immediately following the | ||||||
| 24 | election, then the offices shall be abolished on July 1 | ||||||
| 25 | immediately following the election. On the date that the | ||||||
| 26 | offices of township treasurer and trustee of schools of a | ||||||
| |||||||
| |||||||
| 1 | township are deemed abolished by operation of law, the school | ||||||
| 2 | board of each elementary and unit school district and the | ||||||
| 3 | school board of each high school district that is subject to | ||||||
| 4 | the jurisdiction and authority of the township treasurer and | ||||||
| 5 | trustees of schools of that township at the time those offices | ||||||
| 6 | are abolished: (i) shall appoint its own school treasurer as | ||||||
| 7 | provided in Section 8-1; and (ii) unless the term of the | ||||||
| 8 | contract of a township treasurer expires on the date that the | ||||||
| 9 | office of township treasurer is abolished, shall pay to the | ||||||
| 10 | former township treasurer its proportionate share of any | ||||||
| 11 | aggregate compensation that, were the office of township | ||||||
| 12 | treasurer not abolished at that time, would have been payable | ||||||
| 13 | to the former township treasurer after that date over the | ||||||
| 14 | remainder of the term of the contract of the former township | ||||||
| 15 | treasurer that began prior to but ends after that date. In | ||||||
| 16 | addition, on the date that the offices of township treasurer | ||||||
| 17 | and trustee of schools of a township are deemed abolished as | ||||||
| 18 | provided in this subsection, the school board of each | ||||||
| 19 | elementary school, high school, and unit school district that | ||||||
| 20 | until that date is subject to the jurisdiction and authority | ||||||
| 21 | of the township treasurer and trustees of schools of that | ||||||
| 22 | township shall be deemed by operation of law to have agreed and | ||||||
| 23 | assumed to pay and, when determined, shall pay to the Illinois | ||||||
| 24 | Municipal Retirement Fund a proportionate share of the | ||||||
| 25 | unfunded liability existing in that Fund at the time these | ||||||
| 26 | offices are abolished in that calendar year for all annuities | ||||||
| |||||||
| |||||||
| 1 | or other benefits then or thereafter to become payable from | ||||||
| 2 | that Fund with respect to all periods of service performed | ||||||
| 3 | prior to that date as a participating employee in that Fund by | ||||||
| 4 | persons serving during those periods of service as a trustee | ||||||
| 5 | of schools, township treasurer or regular employee in the | ||||||
| 6 | office of the township treasurer of that township. That | ||||||
| 7 | unfunded liability shall be actuarially determined by the | ||||||
| 8 | board of trustees of the Illinois Municipal Retirement Fund, | ||||||
| 9 | and the board of trustees shall thereupon notify each school | ||||||
| 10 | board required to pay a proportionate share of that unfunded | ||||||
| 11 | liability of the aggregate amount of the unfunded liability so | ||||||
| 12 | determined. The amount so paid to the Illinois Municipal | ||||||
| 13 | Retirement Fund by each of those school districts shall be | ||||||
| 14 | credited to the account of the township in that Fund. For each | ||||||
| 15 | elementary school, high school, and unit school district under | ||||||
| 16 | the jurisdiction and authority of a township treasurer and | ||||||
| 17 | trustees of schools of a township in which those offices are | ||||||
| 18 | abolished as provided in this subsection, each such district's | ||||||
| 19 | proportionate share of the aggregate compensation payable to | ||||||
| 20 | the former township treasurer as provided in this paragraph | ||||||
| 21 | and each such district's proportionate share of the aggregate | ||||||
| 22 | amount of the unfunded liability payable to the Illinois | ||||||
| 23 | Municipal Retirement Fund as provided in this paragraph shall | ||||||
| 24 | be computed in accordance with the ratio that the number of | ||||||
| 25 | pupils in average daily attendance in each such district for | ||||||
| 26 | the school year last ending prior to the date on which the | ||||||
| |||||||
| |||||||
| 1 | offices of township treasurer and trustee of schools of that | ||||||
| 2 | township are abolished bears to the aggregate number of pupils | ||||||
| 3 | in average daily attendance in all of those districts as so | ||||||
| 4 | reported for that school year. | ||||||
| 5 | Upon abolition of the offices of township treasurer and | ||||||
| 6 | trustee of schools of a township as provided in this | ||||||
| 7 | subsection: (i) the regional board of school trustees, in its | ||||||
| 8 | corporate capacity, shall be deemed the successor in interest | ||||||
| 9 | to the former trustees of schools of that township with | ||||||
| 10 | respect to the common school lands and township loanable funds | ||||||
| 11 | of the township; (ii) all right, title, and interest existing | ||||||
| 12 | or vested in the former trustees of schools of that township in | ||||||
| 13 | the common school lands and township loanable funds of the | ||||||
| 14 | township, and all records, moneys, securities and other | ||||||
| 15 | assets, rights of property and causes of action pertaining to | ||||||
| 16 | or constituting a part of those common school lands or | ||||||
| 17 | township loanable funds, shall be transferred to and deemed | ||||||
| 18 | vested by operation of law in the regional board of school | ||||||
| 19 | trustees, which shall hold legal title to, manage, and operate | ||||||
| 20 | all common school lands and township loanable funds of the | ||||||
| 21 | township, receive the rents, issues, and profits therefrom, | ||||||
| 22 | and have and exercise with respect thereto the same powers and | ||||||
| 23 | duties as are provided by this Code to be exercised by regional | ||||||
| 24 | boards of school trustees when acting as township land | ||||||
| 25 | commissioners in counties having at least 220,000 but fewer | ||||||
| 26 | than 2,000,000 inhabitants; (iii) the regional board of school | ||||||
| |||||||
| |||||||
| 1 | trustees shall select to serve as its treasurer with respect | ||||||
| 2 | to the common school lands and township loanable funds of the | ||||||
| 3 | township a person from time to time also serving as the | ||||||
| 4 | appointed school treasurer of any school district that was | ||||||
| 5 | subject to the jurisdiction and authority of the township | ||||||
| 6 | treasurer and trustees of schools of that township at the time | ||||||
| 7 | those offices were abolished, and the person selected to also | ||||||
| 8 | serve as treasurer of the regional board of school trustees | ||||||
| 9 | shall have his compensation for services in that capacity | ||||||
| 10 | fixed by the regional board of school trustees, to be paid from | ||||||
| 11 | the township loanable funds, and shall make to the regional | ||||||
| 12 | board of school trustees the reports required to be made by | ||||||
| 13 | treasurers of township land commissioners, give bond as | ||||||
| 14 | required by treasurers of township land commissioners, and | ||||||
| 15 | perform the duties and exercise the powers of treasurers of | ||||||
| 16 | township land commissioners; (iv) the regional board of school | ||||||
| 17 | trustees shall designate in the manner provided by Section | ||||||
| 18 | 8-7, insofar as applicable, a depositary for its treasurer, | ||||||
| 19 | and the proceeds of all rents, issues, and profits from the | ||||||
| 20 | common school lands and township loanable funds of that | ||||||
| 21 | township shall be deposited and held in the account maintained | ||||||
| 22 | for those purposes with that depositary and shall be expended | ||||||
| 23 | and distributed therefrom as provided in Section 15-24 and | ||||||
| 24 | other applicable provisions of this Code; and (v) whenever | ||||||
| 25 | there is vested in the trustees of schools of a township at the | ||||||
| 26 | time that office is abolished under this subsection the legal | ||||||
| |||||||
| |||||||
| 1 | title to any school buildings or school sites used or occupied | ||||||
| 2 | for school purposes by any elementary school, high school, or | ||||||
| 3 | unit school district subject to the jurisdiction and authority | ||||||
| 4 | of those trustees of school at the time that office is | ||||||
| 5 | abolished, the legal title to those school buildings and | ||||||
| 6 | school sites shall be deemed transferred by operation of law | ||||||
| 7 | to and invested in the school board of that school district, in | ||||||
| 8 | its corporate capacity under Section 10-22.35B of this Code, | ||||||
| 9 | the same to be held, sold, exchanged, leased, or otherwise | ||||||
| 10 | transferred in accordance with applicable provisions of this | ||||||
| 11 | Code. | ||||||
| 12 | Notwithstanding Section 2-3.25g of this Code, a waiver of | ||||||
| 13 | a mandate established under this Section may not be requested. | ||||||
| 14 | (d) Notwithstanding any other provision of law, any school | ||||||
| 15 | district that forms a part of a Class II county school unit | ||||||
| 16 | may, by a resolution adopted by at least two-thirds of the | ||||||
| 17 | members of the school board of a school district, withdraw a | ||||||
| 18 | school district from the jurisdiction and authority of the | ||||||
| 19 | trustees of schools of the township in which such school | ||||||
| 20 | district is located and from the jurisdiction and authority of | ||||||
| 21 | the township treasurer of the township in which such school | ||||||
| 22 | district is located, provided that the school board of the | ||||||
| 23 | school district shall, upon the adoption and passage of such | ||||||
| 24 | resolution, thereupon elect or appoint its own school | ||||||
| 25 | treasurer as provided in Section 8-1 of this Code. The | ||||||
| 26 | appointed school treasurer may include a township treasurer. | ||||||
| |||||||
| |||||||
| 1 | The school board may enter into a contractual or | ||||||
| 2 | intergovernmental agreement with an appointed school treasurer | ||||||
| 3 | for school treasurer services. | ||||||
| 4 | Upon adoption and passage of the resolution and the | ||||||
| 5 | election or appointment by the school board of its own school | ||||||
| 6 | treasurer commencing with the first day of the succeeding | ||||||
| 7 | fiscal year, but not prior to July 1, 2025: (1) the trustees of | ||||||
| 8 | schools in the township or townships shall no longer have or | ||||||
| 9 | exercise any powers or duties with respect to the school | ||||||
| 10 | district or with respect to the school business, operations, | ||||||
| 11 | or assets of the school district; (2) all books and records of | ||||||
| 12 | the trustees of schools and all moneys, securities, loanable | ||||||
| 13 | funds, and other assets relating to the school business and | ||||||
| 14 | affairs of the school district shall be transferred and | ||||||
| 15 | delivered to the school board; and (3) all legal title to and | ||||||
| 16 | all right, title, and interest formerly held by the trustees | ||||||
| 17 | of schools in any common school lands, school buildings, or | ||||||
| 18 | school sites used and occupied by the school board and all | ||||||
| 19 | rights of property and causes of action pertaining to or | ||||||
| 20 | constituting a part of the common school lands, buildings, or | ||||||
| 21 | sites shall be deemed transferred by operation of law to and | ||||||
| 22 | shall vest in the school board. | ||||||
| 23 | (Source: P.A. 103-144, eff. 6-30-23; 103-790, eff. 8-9-24; | ||||||
| 24 | revised 10-21-24.)
| ||||||
| 25 | (105 ILCS 5/5-2.2) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-2.2. Designation of trustees. After the April 5, | ||||||
| 2 | 2011 consolidated election, the trustees of schools in | ||||||
| 3 | Township 36 North, Range 13 East shall no longer be elected | ||||||
| 4 | pursuant to the provisions of Sections 5-2, 5-2.1, 5-3, 5-4, | ||||||
| 5 | 5-12, and 5-13 of this Code. Any such trustees elected before | ||||||
| 6 | such date may complete the term to which that trustee was | ||||||
| 7 | elected, but shall not be succeeded by election. Instead, the | ||||||
| 8 | board of education or board of school directors of each of the | ||||||
| 9 | elementary and high school districts that are subject to the | ||||||
| 10 | jurisdiction of Township 36 North, Range 13 East shall appoint | ||||||
| 11 | one of the members to serve as trustee of schools. The trustees | ||||||
| 12 | of schools shall be appointed by each board of education or | ||||||
| 13 | board of school directors within 60 days after December 8, | ||||||
| 14 | 2011 (the effective date of Public Act 97-631) this amendatory | ||||||
| 15 | Act of the 97th General Assembly and shall reorganize within | ||||||
| 16 | 30 days after all the trustees of schools have been appointed | ||||||
| 17 | or within 30 days after all the trustees of schools were due to | ||||||
| 18 | have been appointed, whichever is sooner. Trustees of schools | ||||||
| 19 | so appointed shall serve at the pleasure of the board of | ||||||
| 20 | education or board of school directors appointing them, but in | ||||||
| 21 | no event longer than 2 years unless reappointed. | ||||||
| 22 | After the April 4, 2023 consolidated election, no trustees | ||||||
| 23 | of schools shall be elected. Any trustees elected or appointed | ||||||
| 24 | on or before April 4, 2023 may complete the term to which that | ||||||
| 25 | trustee was trustees elected or appointed, but may not be | ||||||
| 26 | succeeded by election. Each school board of each school | ||||||
| |||||||
| |||||||
| 1 | district that is a part of a Class II county school unit shall | ||||||
| 2 | appoint one member of the school board or one school employee | ||||||
| 3 | to serve as trustee of schools of the township in which such | ||||||
| 4 | school district is located. The trustees of schools shall be | ||||||
| 5 | appointed by each school board within 60 days after August 9, | ||||||
| 6 | 2024 (the effective date of Public Act 103-790) this | ||||||
| 7 | amendatory Act of the 103rd General Assembly and shall | ||||||
| 8 | reorganize within 30 days after all the trustees of schools | ||||||
| 9 | have been appointed or within 90 days after August 9, 2024 (the | ||||||
| 10 | effective date of Public Act 103-790) this amendatory Act of | ||||||
| 11 | the 103rd General Assembly, whichever is sooner. A trustee of | ||||||
| 12 | schools shall serve at the pleasure of the school board that | ||||||
| 13 | appointed the trustee of schools but may not serve as a trustee | ||||||
| 14 | of schools for longer than 2 years unless reappointed by the | ||||||
| 15 | school board. | ||||||
| 16 | A majority of members of the trustees of schools shall | ||||||
| 17 | constitute a quorum for the transaction of business. The | ||||||
| 18 | trustees shall organize by appointing one of their number | ||||||
| 19 | president, who shall hold the office for 2 years. If the | ||||||
| 20 | president is absent from any meeting, or refuses to perform | ||||||
| 21 | any of the duties of the office, a president pro-tempore may be | ||||||
| 22 | appointed. Trustees who serve on the board as a result of | ||||||
| 23 | appointment or election at the time of the reorganization | ||||||
| 24 | shall continue to serve as a member of the trustees of schools, | ||||||
| 25 | with no greater or lesser authority than any other trustee, | ||||||
| 26 | until such time as their elected term expires. | ||||||
| |||||||
| |||||||
| 1 | Each trustee of schools appointed by a board of education | ||||||
| 2 | or board of school directors shall be entitled to | ||||||
| 3 | indemnification and protection against claims and suits by the | ||||||
| 4 | board that appointed that trustee of schools for acts or | ||||||
| 5 | omissions as a trustee of schools in the same manner and to the | ||||||
| 6 | same extent as the trustee of schools is entitled to | ||||||
| 7 | indemnification and protection for acts or omissions as a | ||||||
| 8 | member of the board of education or board of school directors | ||||||
| 9 | under Section 10-20.20 of this Code. | ||||||
| 10 | (Source: P.A. 103-790, eff. 8-9-24; revised 10-21-24.)
| ||||||
| 11 | (105 ILCS 5/5-13) (from Ch. 122, par. 5-13) | ||||||
| 12 | Sec. 5-13. Term of office of trustees. In townships | ||||||
| 13 | already organized, the school trustee shall be elected in each | ||||||
| 14 | odd numbered year for a term of 6 years to succeed the trustee | ||||||
| 15 | whose term expires in such odd numbered year. | ||||||
| 16 | The first-elected trustees in a newly organized township | ||||||
| 17 | shall at their first meeting cast lots for their respective | ||||||
| 18 | terms of office, for 2, 4, and 6 years; and thereafter one 1 | ||||||
| 19 | trustee shall be elected in each odd-numbered year. | ||||||
| 20 | This Section is inoperative on and after August 9, 2024 | ||||||
| 21 | (the effective date of Public Act 103-790) this amendatory Act | ||||||
| 22 | of the 103rd General Assembly. | ||||||
| 23 | (Source: P.A. 103-790, eff. 8-9-24; revised 10-21-24.)
| ||||||
| 24 | (105 ILCS 5/10-16a) | ||||||
| |||||||
| |||||||
| 1 | (Text of Section before amendment by P.A. 103-771) | ||||||
| 2 | Sec. 10-16a. School board member's leadership training. | ||||||
| 3 | (a) This Section applies to all school board members | ||||||
| 4 | serving pursuant to Section 10-10 of this Code who have been | ||||||
| 5 | elected after the effective date of this amendatory Act of the | ||||||
| 6 | 97th General Assembly or appointed to fill a vacancy of at | ||||||
| 7 | least one year's duration after the effective date of this | ||||||
| 8 | amendatory Act of the 97th General Assembly. | ||||||
| 9 | (a-5) In this Section, "trauma" has the meaning ascribed | ||||||
| 10 | to that term in subsection (b) of Section 3-11 of this Code. | ||||||
| 11 | (b) Every voting member of a school board of a school | ||||||
| 12 | district elected or appointed for a term beginning after the | ||||||
| 13 | effective date of this amendatory Act of the 97th General | ||||||
| 14 | Assembly, within a year after the effective date of this | ||||||
| 15 | amendatory Act of the 97th General Assembly or the first year | ||||||
| 16 | of his or her first term, shall complete a minimum of 4 hours | ||||||
| 17 | of professional development leadership training covering | ||||||
| 18 | topics in education and labor law, financial oversight and | ||||||
| 19 | accountability, fiduciary responsibilities of a school board | ||||||
| 20 | member, and, beginning with the 2023-2024 school year, | ||||||
| 21 | trauma-informed practices for students and staff. The school | ||||||
| 22 | district shall maintain on its Internet website, if any, the | ||||||
| 23 | names of all voting members of the school board who have | ||||||
| 24 | successfully completed the training. | ||||||
| 25 | (b-5) The training regarding trauma-informed practices for | ||||||
| 26 | students and staff required by this Section must include | ||||||
| |||||||
| |||||||
| 1 | information that is relevant to and within the scope of the | ||||||
| 2 | duties of a school board member. Such information may include, | ||||||
| 3 | but is not limited to: | ||||||
| 4 | (1) the recognition of and care for trauma in students | ||||||
| 5 | and staff; | ||||||
| 6 | (2) the relationship between staff wellness and | ||||||
| 7 | student learning; | ||||||
| 8 | (3) the effect of trauma on student behavior and | ||||||
| 9 | learning; | ||||||
| 10 | (4) the prevalence of trauma among students, including | ||||||
| 11 | the prevalence of trauma among student populations at | ||||||
| 12 | higher risk of experiencing trauma; | ||||||
| 13 | (5) the effects of implicit or explicit bias on | ||||||
| 14 | recognizing trauma among various student groups in | ||||||
| 15 | connection with race, ethnicity, gender identity, sexual | ||||||
| 16 | orientation, socio-economic status, and other relevant | ||||||
| 17 | factors; and | ||||||
| 18 | (6) effective district and school practices that are | ||||||
| 19 | shown to: | ||||||
| 20 | (A) prevent and mitigate the negative effect of | ||||||
| 21 | trauma on student behavior and learning; and | ||||||
| 22 | (B) support the emotional wellness of staff. | ||||||
| 23 | (c) The training on financial oversight, accountability, | ||||||
| 24 | fiduciary responsibilities, and, beginning with the 2023-24 | ||||||
| 25 | school year, trauma-informed practices for students and staff | ||||||
| 26 | may be provided by an association established under this Code | ||||||
| |||||||
| |||||||
| 1 | for the purpose of training school board members or by other | ||||||
| 2 | qualified providers approved by the State Board of Education, | ||||||
| 3 | in consultation with an association so established. | ||||||
| 4 | (d) The State Board of Education may adopt rules that are | ||||||
| 5 | necessary for the administration of the provisions of this | ||||||
| 6 | Section. | ||||||
| 7 | (Source: P.A. 102-638, eff. 1-1-23; 103-413, eff. 1-1-24.)
| ||||||
| 8 | (Text of Section after amendment by P.A. 103-771) | ||||||
| 9 | Sec. 10-16a. School board member's training. | ||||||
| 10 | (a) This Section applies to all school board members | ||||||
| 11 | serving pursuant to Section 10-10 of this Code. | ||||||
| 12 | (a-5) In this Section, "trauma" has the meaning ascribed | ||||||
| 13 | to that term in subsection (b) of Section 3-11 of this Code. | ||||||
| 14 | (b) Every voting member of a school board of a school | ||||||
| 15 | district, within the first year of his or her first term, shall | ||||||
| 16 | complete a minimum of 4 hours of professional development and | ||||||
| 17 | leadership training covering topics in education and labor | ||||||
| 18 | law, financial oversight and accountability, fiduciary | ||||||
| 19 | responsibilities of a school board member, trauma-informed | ||||||
| 20 | practices for students and staff, and, improving student | ||||||
| 21 | outcomes. The school district shall maintain on its Internet | ||||||
| 22 | website, if any, the names of all voting members of the school | ||||||
| 23 | board who have successfully completed the training. | ||||||
| 24 | (b-5) The training regarding trauma-informed practices for | ||||||
| 25 | students and staff required by this Section must include | ||||||
| |||||||
| |||||||
| 1 | information that is relevant to and within the scope of the | ||||||
| 2 | duties of a school board member. Such information may include, | ||||||
| 3 | but is not limited to: | ||||||
| 4 | (1) the recognition of and care for trauma in students | ||||||
| 5 | and staff; | ||||||
| 6 | (2) the relationship between staff wellness and | ||||||
| 7 | student learning; | ||||||
| 8 | (3) the effect of trauma on student behavior and | ||||||
| 9 | learning; | ||||||
| 10 | (4) the prevalence of trauma among students, including | ||||||
| 11 | the prevalence of trauma among student populations at | ||||||
| 12 | higher risk of experiencing trauma; | ||||||
| 13 | (5) the effects of implicit or explicit bias on | ||||||
| 14 | recognizing trauma among various student groups in | ||||||
| 15 | connection with race, ethnicity, gender identity, sexual | ||||||
| 16 | orientation, socio-economic status, and other relevant | ||||||
| 17 | factors; and | ||||||
| 18 | (6) effective district and school practices that are | ||||||
| 19 | shown to: | ||||||
| 20 | (A) prevent and mitigate the negative effect of | ||||||
| 21 | trauma on student behavior and learning; and | ||||||
| 22 | (B) support the emotional wellness of staff. | ||||||
| 23 | (b-10) The training regarding improving student outcomes | ||||||
| 24 | required by this Section must include information that is | ||||||
| 25 | relevant to and within the scope of the duties of a school | ||||||
| 26 | board member. | ||||||
| |||||||
| |||||||
| 1 | (c) The training on financial oversight, accountability, | ||||||
| 2 | fiduciary responsibilities, trauma-informed practices for | ||||||
| 3 | students and staff, and improving student outcomes shall be | ||||||
| 4 | provided by a statewide association established under this | ||||||
| 5 | Code for the purpose of training school board members or by | ||||||
| 6 | other qualified providers approved by the State Board of | ||||||
| 7 | Education, in consultation with an association so established. | ||||||
| 8 | (d) The State Board of Education may adopt rules that are | ||||||
| 9 | necessary for the administration of the provisions of this | ||||||
| 10 | Section. | ||||||
| 11 | (Source: P.A. 102-638, eff. 1-1-23; 103-413, eff. 1-1-24; | ||||||
| 12 | 103-771, eff. 6-1-25; revised 10-21-24.)
| ||||||
| 13 | (105 ILCS 5/10-22.3f) | ||||||
| 14 | Sec. 10-22.3f. Required health benefits. Insurance | ||||||
| 15 | protection and benefits for employees shall provide the | ||||||
| 16 | post-mastectomy care benefits required to be covered by a | ||||||
| 17 | policy of accident and health insurance under Section 356t and | ||||||
| 18 | the coverage required under Sections 356g, 356g.5, 356g.5-1, | ||||||
| 19 | 356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a, | ||||||
| 20 | 356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, | ||||||
| 21 | 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, | ||||||
| 22 | 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, | ||||||
| 23 | 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, | ||||||
| 24 | 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70, and | ||||||
| 25 | 356z.71, 356z.74, and 356z.77 of the Illinois Insurance Code. | ||||||
| |||||||
| |||||||
| 1 | Insurance policies shall comply with Section 356z.19 of the | ||||||
| 2 | Illinois Insurance Code. The coverage shall comply with | ||||||
| 3 | Sections 155.22a, 355b, and 370c of the Illinois Insurance | ||||||
| 4 | Code. The Department of Insurance shall enforce the | ||||||
| 5 | requirements of this Section. | ||||||
| 6 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 7 | any, is conditioned on the rules being adopted in accordance | ||||||
| 8 | with all provisions of the Illinois Administrative Procedure | ||||||
| 9 | Act and all rules and procedures of the Joint Committee on | ||||||
| 10 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 11 | whatever reason, is unauthorized. | ||||||
| 12 | (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; | ||||||
| 13 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. | ||||||
| 14 | 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, | ||||||
| 15 | eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; | ||||||
| 16 | 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. | ||||||
| 17 | 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, | ||||||
| 18 | eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; | ||||||
| 19 | 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718, eff. | ||||||
| 20 | 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, | ||||||
| 21 | eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 22 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | ||||||
| 23 | (Text of Section before amendment by P.A. 102-466) | ||||||
| 24 | Sec. 10-22.6. Suspension or expulsion of students; school | ||||||
| 25 | searches. | ||||||
| |||||||
| |||||||
| 1 | (a) To expel students guilty of gross disobedience or | ||||||
| 2 | misconduct, including gross disobedience or misconduct | ||||||
| 3 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
| 4 | of this Section, and no action shall lie against them for such | ||||||
| 5 | expulsion. Expulsion shall take place only after the parents | ||||||
| 6 | have been requested to appear at a meeting of the board, or | ||||||
| 7 | with a hearing officer appointed by it, to discuss their | ||||||
| 8 | child's behavior. Such request shall be made by registered or | ||||||
| 9 | certified mail and shall state the time, place and purpose of | ||||||
| 10 | the meeting. The board, or a hearing officer appointed by it, | ||||||
| 11 | at such meeting shall state the reasons for dismissal and the | ||||||
| 12 | date on which the expulsion is to become effective. If a | ||||||
| 13 | hearing officer is appointed by the board, the hearing officer | ||||||
| 14 | shall report to the board a written summary of the evidence | ||||||
| 15 | heard at the meeting and the board may take such action thereon | ||||||
| 16 | as it finds appropriate. If the board acts to expel a student, | ||||||
| 17 | the written expulsion decision shall detail the specific | ||||||
| 18 | reasons why removing the student from the learning environment | ||||||
| 19 | is in the best interest of the school. The expulsion decision | ||||||
| 20 | shall also include a rationale as to the specific duration of | ||||||
| 21 | the expulsion. An expelled student may be immediately | ||||||
| 22 | transferred to an alternative program in the manner provided | ||||||
| 23 | in Article 13A or 13B of this Code. A student must not be | ||||||
| 24 | denied transfer because of the expulsion, except in cases in | ||||||
| 25 | which such transfer is deemed to cause a threat to the safety | ||||||
| 26 | of students or staff in the alternative program. | ||||||
| |||||||
| |||||||
| 1 | (b) To suspend or by policy to authorize the | ||||||
| 2 | superintendent of the district or the principal, assistant | ||||||
| 3 | principal, or dean of students of any school to suspend | ||||||
| 4 | students guilty of gross disobedience or misconduct, or to | ||||||
| 5 | suspend students guilty of gross disobedience or misconduct on | ||||||
| 6 | the school bus from riding the school bus, pursuant to | ||||||
| 7 | subsections (b-15) and (b-20) of this Section, and no action | ||||||
| 8 | shall lie against them for such suspension. The board may by | ||||||
| 9 | policy authorize the superintendent of the district or the | ||||||
| 10 | principal, assistant principal, or dean of students of any | ||||||
| 11 | school to suspend students guilty of such acts for a period not | ||||||
| 12 | to exceed 10 school days. If a student is suspended due to | ||||||
| 13 | gross disobedience or misconduct on a school bus, the board | ||||||
| 14 | may suspend the student in excess of 10 school days for safety | ||||||
| 15 | reasons. | ||||||
| 16 | Any suspension shall be reported immediately to the | ||||||
| 17 | parents or guardian of a student along with a full statement of | ||||||
| 18 | the reasons for such suspension and a notice of their right to | ||||||
| 19 | a review. The school board must be given a summary of the | ||||||
| 20 | notice, including the reason for the suspension and the | ||||||
| 21 | suspension length. Upon request of the parents or guardian, | ||||||
| 22 | the school board or a hearing officer appointed by it shall | ||||||
| 23 | review such action of the superintendent or principal, | ||||||
| 24 | assistant principal, or dean of students. At such review, the | ||||||
| 25 | parents or guardian of the student may appear and discuss the | ||||||
| 26 | suspension with the board or its hearing officer. If a hearing | ||||||
| |||||||
| |||||||
| 1 | officer is appointed by the board, he shall report to the board | ||||||
| 2 | a written summary of the evidence heard at the meeting. After | ||||||
| 3 | its hearing or upon receipt of the written report of its | ||||||
| 4 | hearing officer, the board may take such action as it finds | ||||||
| 5 | appropriate. If a student is suspended pursuant to this | ||||||
| 6 | subsection (b), the board shall, in the written suspension | ||||||
| 7 | decision, detail the specific act of gross disobedience or | ||||||
| 8 | misconduct resulting in the decision to suspend. The | ||||||
| 9 | suspension decision shall also include a rationale as to the | ||||||
| 10 | specific duration of the suspension. | ||||||
| 11 | (b-5) Among the many possible disciplinary interventions | ||||||
| 12 | and consequences available to school officials, school | ||||||
| 13 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
| 14 | are the most serious. School officials shall limit the number | ||||||
| 15 | and duration of expulsions and suspensions to the greatest | ||||||
| 16 | extent practicable, and it is recommended that they use them | ||||||
| 17 | only for legitimate educational purposes. To ensure that | ||||||
| 18 | students are not excluded from school unnecessarily, it is | ||||||
| 19 | recommended that school officials consider forms of | ||||||
| 20 | non-exclusionary discipline prior to using out-of-school | ||||||
| 21 | suspensions or expulsions. | ||||||
| 22 | (b-10) Unless otherwise required by federal law or this | ||||||
| 23 | Code, school boards may not institute zero-tolerance policies | ||||||
| 24 | by which school administrators are required to suspend or | ||||||
| 25 | expel students for particular behaviors. | ||||||
| 26 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
| |||||||
| |||||||
| 1 | used only if the student's continuing presence in school would | ||||||
| 2 | pose a threat to school safety or a disruption to other | ||||||
| 3 | students' learning opportunities. For purposes of this | ||||||
| 4 | subsection (b-15), "threat to school safety or a disruption to | ||||||
| 5 | other students' learning opportunities" shall be determined on | ||||||
| 6 | a case-by-case basis by the school board or its designee. | ||||||
| 7 | School officials shall make all reasonable efforts to resolve | ||||||
| 8 | such threats, address such disruptions, and minimize the | ||||||
| 9 | length of suspensions to the greatest extent practicable. | ||||||
| 10 | (b-20) Unless otherwise required by this Code, | ||||||
| 11 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
| 12 | and disciplinary removals to alternative schools may be used | ||||||
| 13 | only if other appropriate and available behavioral and | ||||||
| 14 | disciplinary interventions have been exhausted and the | ||||||
| 15 | student's continuing presence in school would either (i) pose | ||||||
| 16 | a threat to the safety of other students, staff, or members of | ||||||
| 17 | the school community or (ii) substantially disrupt, impede, or | ||||||
| 18 | interfere with the operation of the school. For purposes of | ||||||
| 19 | this subsection (b-20), "threat to the safety of other | ||||||
| 20 | students, staff, or members of the school community" and | ||||||
| 21 | "substantially disrupt, impede, or interfere with the | ||||||
| 22 | operation of the school" shall be determined on a case-by-case | ||||||
| 23 | basis by school officials. For purposes of this subsection | ||||||
| 24 | (b-20), the determination of whether "appropriate and | ||||||
| 25 | available behavioral and disciplinary interventions have been | ||||||
| 26 | exhausted" shall be made by school officials. School officials | ||||||
| |||||||
| |||||||
| 1 | shall make all reasonable efforts to resolve such threats, | ||||||
| 2 | address such disruptions, and minimize the length of student | ||||||
| 3 | exclusions to the greatest extent practicable. Within the | ||||||
| 4 | suspension decision described in subsection (b) of this | ||||||
| 5 | Section or the expulsion decision described in subsection (a) | ||||||
| 6 | of this Section, it shall be documented whether other | ||||||
| 7 | interventions were attempted or whether it was determined that | ||||||
| 8 | there were no other appropriate and available interventions. | ||||||
| 9 | (b-25) Students who are suspended out-of-school for longer | ||||||
| 10 | than 3 school days shall be provided appropriate and available | ||||||
| 11 | support services during the period of their suspension. For | ||||||
| 12 | purposes of this subsection (b-25), "appropriate and available | ||||||
| 13 | support services" shall be determined by school authorities. | ||||||
| 14 | Within the suspension decision described in subsection (b) of | ||||||
| 15 | this Section, it shall be documented whether such services are | ||||||
| 16 | to be provided or whether it was determined that there are no | ||||||
| 17 | such appropriate and available services. | ||||||
| 18 | A school district may refer students who are expelled to | ||||||
| 19 | appropriate and available support services. | ||||||
| 20 | A school district shall create a policy to facilitate the | ||||||
| 21 | re-engagement of students who are suspended out-of-school, | ||||||
| 22 | expelled, or returning from an alternative school setting. In | ||||||
| 23 | consultation with stakeholders deemed appropriate by the State | ||||||
| 24 | Board of Education, the State Board of Education shall draft | ||||||
| 25 | and publish guidance for the re-engagement of students who are | ||||||
| 26 | suspended out-of-school, expelled, or returning from an | ||||||
| |||||||
| |||||||
| 1 | alternative school setting in accordance with this Section and | ||||||
| 2 | Section 13A-4 on or before July 1, 2025. | ||||||
| 3 | (b-30) A school district shall create a policy by which | ||||||
| 4 | suspended students, including those students suspended from | ||||||
| 5 | the school bus who do not have alternate transportation to | ||||||
| 6 | school, shall have the opportunity to make up work for | ||||||
| 7 | equivalent academic credit. It shall be the responsibility of | ||||||
| 8 | a student's parent or guardian to notify school officials that | ||||||
| 9 | a student suspended from the school bus does not have | ||||||
| 10 | alternate transportation to school. | ||||||
| 11 | (c) A school board must invite a representative from a | ||||||
| 12 | local mental health agency to consult with the board at the | ||||||
| 13 | meeting whenever there is evidence that mental illness may be | ||||||
| 14 | the cause of a student's expulsion or suspension. | ||||||
| 15 | (c-5) School districts shall make reasonable efforts to | ||||||
| 16 | provide ongoing professional development to all school | ||||||
| 17 | personnel, school board members, and school resource officers, | ||||||
| 18 | on the requirements of this Section and Section 10-20.14, the | ||||||
| 19 | adverse consequences of school exclusion and justice-system | ||||||
| 20 | involvement, effective classroom management strategies, | ||||||
| 21 | culturally responsive discipline, trauma-responsive learning | ||||||
| 22 | environments, as defined in subsection (b) of Section 3-11, | ||||||
| 23 | the appropriate and available supportive services for the | ||||||
| 24 | promotion of student attendance and engagement, and | ||||||
| 25 | developmentally appropriate disciplinary methods that promote | ||||||
| 26 | positive and healthy school climates. | ||||||
| |||||||
| |||||||
| 1 | (d) The board may expel a student for a definite period of | ||||||
| 2 | time not to exceed 2 calendar years, as determined on a | ||||||
| 3 | case-by-case basis. A student who is determined to have | ||||||
| 4 | brought one of the following objects to school, any | ||||||
| 5 | school-sponsored activity or event, or any activity or event | ||||||
| 6 | that bears a reasonable relationship to school shall be | ||||||
| 7 | expelled for a period of not less than one year: | ||||||
| 8 | (1) A firearm. For the purposes of this Section, | ||||||
| 9 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
| 10 | by Section 921 of Title 18 of the United States Code, | ||||||
| 11 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
| 12 | Identification Card Act, or firearm as defined in Section | ||||||
| 13 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
| 14 | under this subdivision (1) may be modified by the | ||||||
| 15 | superintendent, and the superintendent's determination may | ||||||
| 16 | be modified by the board on a case-by-case basis. | ||||||
| 17 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
| 18 | regardless of its composition, a billy club, or any other | ||||||
| 19 | object if used or attempted to be used to cause bodily | ||||||
| 20 | harm, including "look alikes" of any firearm as defined in | ||||||
| 21 | subdivision (1) of this subsection (d). The expulsion | ||||||
| 22 | requirement under this subdivision (2) may be modified by | ||||||
| 23 | the superintendent, and the superintendent's determination | ||||||
| 24 | may be modified by the board on a case-by-case basis. | ||||||
| 25 | Expulsion or suspension shall be construed in a manner | ||||||
| 26 | consistent with the federal Individuals with Disabilities | ||||||
| |||||||
| |||||||
| 1 | Education Act. A student who is subject to suspension or | ||||||
| 2 | expulsion as provided in this Section may be eligible for a | ||||||
| 3 | transfer to an alternative school program in accordance with | ||||||
| 4 | Article 13A of the School Code. | ||||||
| 5 | (d-5) The board may suspend or by regulation authorize the | ||||||
| 6 | superintendent of the district or the principal, assistant | ||||||
| 7 | principal, or dean of students of any school to suspend a | ||||||
| 8 | student for a period not to exceed 10 school days or may expel | ||||||
| 9 | a student for a definite period of time not to exceed 2 | ||||||
| 10 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
| 11 | that student has been determined to have made an explicit | ||||||
| 12 | threat on an Internet website against a school employee, a | ||||||
| 13 | student, or any school-related personnel, (ii) the Internet | ||||||
| 14 | website through which the threat was made is a site that was | ||||||
| 15 | accessible within the school at the time the threat was made or | ||||||
| 16 | was available to third parties who worked or studied within | ||||||
| 17 | the school grounds at the time the threat was made, and (iii) | ||||||
| 18 | the threat could be reasonably interpreted as threatening to | ||||||
| 19 | the safety and security of the threatened individual because | ||||||
| 20 | of the individual's duties or employment status or status as a | ||||||
| 21 | student inside the school. | ||||||
| 22 | (e) To maintain order and security in the schools, school | ||||||
| 23 | authorities may inspect and search places and areas such as | ||||||
| 24 | lockers, desks, parking lots, and other school property and | ||||||
| 25 | equipment owned or controlled by the school, as well as | ||||||
| 26 | personal effects left in those places and areas by students, | ||||||
| |||||||
| |||||||
| 1 | without notice to or the consent of the student, and without a | ||||||
| 2 | search warrant. As a matter of public policy, the General | ||||||
| 3 | Assembly finds that students have no reasonable expectation of | ||||||
| 4 | privacy in these places and areas or in their personal effects | ||||||
| 5 | left in these places and areas. School authorities may request | ||||||
| 6 | the assistance of law enforcement officials for the purpose of | ||||||
| 7 | conducting inspections and searches of lockers, desks, parking | ||||||
| 8 | lots, and other school property and equipment owned or | ||||||
| 9 | controlled by the school for illegal drugs, weapons, or other | ||||||
| 10 | illegal or dangerous substances or materials, including | ||||||
| 11 | searches conducted through the use of specially trained dogs. | ||||||
| 12 | If a search conducted in accordance with this Section produces | ||||||
| 13 | evidence that the student has violated or is violating either | ||||||
| 14 | the law, local ordinance, or the school's policies or rules, | ||||||
| 15 | such evidence may be seized by school authorities, and | ||||||
| 16 | disciplinary action may be taken. School authorities may also | ||||||
| 17 | turn over such evidence to law enforcement authorities. | ||||||
| 18 | (f) Suspension or expulsion may include suspension or | ||||||
| 19 | expulsion from school and all school activities and a | ||||||
| 20 | prohibition from being present on school grounds. | ||||||
| 21 | (g) A school district may adopt a policy providing that if | ||||||
| 22 | a student is suspended or expelled for any reason from any | ||||||
| 23 | public or private school in this or any other state, the | ||||||
| 24 | student must complete the entire term of the suspension or | ||||||
| 25 | expulsion in an alternative school program under Article 13A | ||||||
| 26 | of this Code or an alternative learning opportunities program | ||||||
| |||||||
| |||||||
| 1 | under Article 13B of this Code before being admitted into the | ||||||
| 2 | school district if there is no threat to the safety of students | ||||||
| 3 | or staff in the alternative program. | ||||||
| 4 | (h) School officials shall not advise or encourage | ||||||
| 5 | students to drop out voluntarily due to behavioral or academic | ||||||
| 6 | difficulties. | ||||||
| 7 | (i) A student may not be issued a monetary fine or fee as a | ||||||
| 8 | disciplinary consequence, though this shall not preclude | ||||||
| 9 | requiring a student to provide restitution for lost, stolen, | ||||||
| 10 | or damaged property. | ||||||
| 11 | (j) Subsections (a) through (i) of this Section shall | ||||||
| 12 | apply to elementary and secondary schools, charter schools, | ||||||
| 13 | special charter districts, and school districts organized | ||||||
| 14 | under Article 34 of this Code. | ||||||
| 15 | (k) The expulsion of students enrolled in programs funded | ||||||
| 16 | under Section 1C-2 of this Code is subject to the requirements | ||||||
| 17 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
| 18 | this Code. | ||||||
| 19 | (l) An in-school suspension program provided by a school | ||||||
| 20 | district for any students in kindergarten through grade 12 may | ||||||
| 21 | focus on promoting non-violent conflict resolution and | ||||||
| 22 | positive interaction with other students and school personnel. | ||||||
| 23 | A school district may employ a school social worker or a | ||||||
| 24 | licensed mental health professional to oversee an in-school | ||||||
| 25 | suspension program in kindergarten through grade 12. | ||||||
| 26 | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
| |||||||
| |||||||
| 1 | 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)
| ||||||
| 2 | (Text of Section after amendment by P.A. 102-466) | ||||||
| 3 | Sec. 10-22.6. Suspension or expulsion of students; school | ||||||
| 4 | searches. | ||||||
| 5 | (a) To expel students guilty of gross disobedience or | ||||||
| 6 | misconduct, including gross disobedience or misconduct | ||||||
| 7 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
| 8 | of this Section, and no action shall lie against them for such | ||||||
| 9 | expulsion. Expulsion shall take place only after the parents | ||||||
| 10 | or guardians have been requested to appear at a meeting of the | ||||||
| 11 | board, or with a hearing officer appointed by it, to discuss | ||||||
| 12 | their child's behavior. Such request shall be made by | ||||||
| 13 | registered or certified mail and shall state the time, place | ||||||
| 14 | and purpose of the meeting. The board, or a hearing officer | ||||||
| 15 | appointed by it, at such meeting shall state the reasons for | ||||||
| 16 | dismissal and the date on which the expulsion is to become | ||||||
| 17 | effective. If a hearing officer is appointed by the board, the | ||||||
| 18 | hearing officer shall report to the board a written summary of | ||||||
| 19 | the evidence heard at the meeting and the board may take such | ||||||
| 20 | action thereon as it finds appropriate. If the board acts to | ||||||
| 21 | expel a student, the written expulsion decision shall detail | ||||||
| 22 | the specific reasons why removing the student from the | ||||||
| 23 | learning environment is in the best interest of the school. | ||||||
| 24 | The expulsion decision shall also include a rationale as to | ||||||
| 25 | the specific duration of the expulsion. An expelled student | ||||||
| |||||||
| |||||||
| 1 | may be immediately transferred to an alternative program in | ||||||
| 2 | the manner provided in Article 13A or 13B of this Code. A | ||||||
| 3 | student must not be denied transfer because of the expulsion, | ||||||
| 4 | except in cases in which such transfer is deemed to cause a | ||||||
| 5 | threat to the safety of students or staff in the alternative | ||||||
| 6 | program. | ||||||
| 7 | (b) To suspend or by policy to authorize the | ||||||
| 8 | superintendent of the district or the principal, assistant | ||||||
| 9 | principal, or dean of students of any school to suspend | ||||||
| 10 | students guilty of gross disobedience or misconduct, or to | ||||||
| 11 | suspend students guilty of gross disobedience or misconduct on | ||||||
| 12 | the school bus from riding the school bus, pursuant to | ||||||
| 13 | subsections (b-15) and (b-20) of this Section, and no action | ||||||
| 14 | shall lie against them for such suspension. The board may by | ||||||
| 15 | policy authorize the superintendent of the district or the | ||||||
| 16 | principal, assistant principal, or dean of students of any | ||||||
| 17 | school to suspend students guilty of such acts for a period not | ||||||
| 18 | to exceed 10 school days. If a student is suspended due to | ||||||
| 19 | gross disobedience or misconduct on a school bus, the board | ||||||
| 20 | may suspend the student in excess of 10 school days for safety | ||||||
| 21 | reasons. | ||||||
| 22 | Any suspension shall be reported immediately to the | ||||||
| 23 | parents or guardians of a student along with a full statement | ||||||
| 24 | of the reasons for such suspension and a notice of their right | ||||||
| 25 | to a review. The school board must be given a summary of the | ||||||
| 26 | notice, including the reason for the suspension and the | ||||||
| |||||||
| |||||||
| 1 | suspension length. Upon request of the parents or guardians, | ||||||
| 2 | the school board or a hearing officer appointed by it shall | ||||||
| 3 | review such action of the superintendent or principal, | ||||||
| 4 | assistant principal, or dean of students. At such review, the | ||||||
| 5 | parents or guardians of the student may appear and discuss the | ||||||
| 6 | suspension with the board or its hearing officer. If a hearing | ||||||
| 7 | officer is appointed by the board, he shall report to the board | ||||||
| 8 | a written summary of the evidence heard at the meeting. After | ||||||
| 9 | its hearing or upon receipt of the written report of its | ||||||
| 10 | hearing officer, the board may take such action as it finds | ||||||
| 11 | appropriate. If a student is suspended pursuant to this | ||||||
| 12 | subsection (b), the board shall, in the written suspension | ||||||
| 13 | decision, detail the specific act of gross disobedience or | ||||||
| 14 | misconduct resulting in the decision to suspend. The | ||||||
| 15 | suspension decision shall also include a rationale as to the | ||||||
| 16 | specific duration of the suspension. | ||||||
| 17 | (b-5) Among the many possible disciplinary interventions | ||||||
| 18 | and consequences available to school officials, school | ||||||
| 19 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
| 20 | are the most serious. School officials shall limit the number | ||||||
| 21 | and duration of expulsions and suspensions to the greatest | ||||||
| 22 | extent practicable, and it is recommended that they use them | ||||||
| 23 | only for legitimate educational purposes. To ensure that | ||||||
| 24 | students are not excluded from school unnecessarily, it is | ||||||
| 25 | recommended that school officials consider forms of | ||||||
| 26 | non-exclusionary discipline prior to using out-of-school | ||||||
| |||||||
| |||||||
| 1 | suspensions or expulsions. | ||||||
| 2 | (b-10) Unless otherwise required by federal law or this | ||||||
| 3 | Code, school boards may not institute zero-tolerance policies | ||||||
| 4 | by which school administrators are required to suspend or | ||||||
| 5 | expel students for particular behaviors. | ||||||
| 6 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
| 7 | used only if the student's continuing presence in school would | ||||||
| 8 | pose a threat to school safety or a disruption to other | ||||||
| 9 | students' learning opportunities. For purposes of this | ||||||
| 10 | subsection (b-15), "threat to school safety or a disruption to | ||||||
| 11 | other students' learning opportunities" shall be determined on | ||||||
| 12 | a case-by-case basis by the school board or its designee. | ||||||
| 13 | School officials shall make all reasonable efforts to resolve | ||||||
| 14 | such threats, address such disruptions, and minimize the | ||||||
| 15 | length of suspensions to the greatest extent practicable. | ||||||
| 16 | (b-20) Unless otherwise required by this Code, | ||||||
| 17 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
| 18 | and disciplinary removals to alternative schools may be used | ||||||
| 19 | only if other appropriate and available behavioral and | ||||||
| 20 | disciplinary interventions have been exhausted and the | ||||||
| 21 | student's continuing presence in school would either (i) pose | ||||||
| 22 | a threat to the safety of other students, staff, or members of | ||||||
| 23 | the school community or (ii) substantially disrupt, impede, or | ||||||
| 24 | interfere with the operation of the school. For purposes of | ||||||
| 25 | this subsection (b-20), "threat to the safety of other | ||||||
| 26 | students, staff, or members of the school community" and | ||||||
| |||||||
| |||||||
| 1 | "substantially disrupt, impede, or interfere with the | ||||||
| 2 | operation of the school" shall be determined on a case-by-case | ||||||
| 3 | basis by school officials. For purposes of this subsection | ||||||
| 4 | (b-20), the determination of whether "appropriate and | ||||||
| 5 | available behavioral and disciplinary interventions have been | ||||||
| 6 | exhausted" shall be made by school officials. School officials | ||||||
| 7 | shall make all reasonable efforts to resolve such threats, | ||||||
| 8 | address such disruptions, and minimize the length of student | ||||||
| 9 | exclusions to the greatest extent practicable. Within the | ||||||
| 10 | suspension decision described in subsection (b) of this | ||||||
| 11 | Section or the expulsion decision described in subsection (a) | ||||||
| 12 | of this Section, it shall be documented whether other | ||||||
| 13 | interventions were attempted or whether it was determined that | ||||||
| 14 | there were no other appropriate and available interventions. | ||||||
| 15 | (b-25) Students who are suspended out-of-school for longer | ||||||
| 16 | than 3 school days shall be provided appropriate and available | ||||||
| 17 | support services during the period of their suspension. For | ||||||
| 18 | purposes of this subsection (b-25), "appropriate and available | ||||||
| 19 | support services" shall be determined by school authorities. | ||||||
| 20 | Within the suspension decision described in subsection (b) of | ||||||
| 21 | this Section, it shall be documented whether such services are | ||||||
| 22 | to be provided or whether it was determined that there are no | ||||||
| 23 | such appropriate and available services. | ||||||
| 24 | A school district may refer students who are expelled to | ||||||
| 25 | appropriate and available support services. | ||||||
| 26 | A school district shall create a policy to facilitate the | ||||||
| |||||||
| |||||||
| 1 | re-engagement of students who are suspended out-of-school, | ||||||
| 2 | expelled, or returning from an alternative school setting. In | ||||||
| 3 | consultation with stakeholders deemed appropriate by the State | ||||||
| 4 | Board of Education, the State Board of Education shall draft | ||||||
| 5 | and publish guidance for the re-engagement of students who are | ||||||
| 6 | suspended out-of-school, expelled, or returning from an | ||||||
| 7 | alternative school setting in accordance with this Section and | ||||||
| 8 | Section 13A-4 on or before July 1, 2025. | ||||||
| 9 | (b-30) A school district shall create a policy by which | ||||||
| 10 | suspended students, including those students suspended from | ||||||
| 11 | the school bus who do not have alternate transportation to | ||||||
| 12 | school, shall have the opportunity to make up work for | ||||||
| 13 | equivalent academic credit. It shall be the responsibility of | ||||||
| 14 | a student's parents or guardians to notify school officials | ||||||
| 15 | that a student suspended from the school bus does not have | ||||||
| 16 | alternate transportation to school. | ||||||
| 17 | (b-35) In all suspension review hearings conducted under | ||||||
| 18 | subsection (b) or expulsion hearings conducted under | ||||||
| 19 | subsection (a), a student may disclose any factor to be | ||||||
| 20 | considered in mitigation, including his or her status as a | ||||||
| 21 | parent, expectant parent, or victim of domestic or sexual | ||||||
| 22 | violence, as defined in Article 26A. A representative of the | ||||||
| 23 | parent's or guardian's choice, or of the student's choice if | ||||||
| 24 | emancipated, must be permitted to represent the student | ||||||
| 25 | throughout the proceedings and to address the school board or | ||||||
| 26 | its appointed hearing officer. With the approval of the | ||||||
| |||||||
| |||||||
| 1 | student's parent or guardian, or of the student if | ||||||
| 2 | emancipated, a support person must be permitted to accompany | ||||||
| 3 | the student to any disciplinary hearings or proceedings. The | ||||||
| 4 | representative or support person must comply with any rules of | ||||||
| 5 | the school district's hearing process. If the representative | ||||||
| 6 | or support person violates the rules or engages in behavior or | ||||||
| 7 | advocacy that harasses, abuses, or intimidates either party, a | ||||||
| 8 | witness, or anyone else in attendance at the hearing, the | ||||||
| 9 | representative or support person may be prohibited from | ||||||
| 10 | further participation in the hearing or proceeding. A | ||||||
| 11 | suspension or expulsion proceeding under this subsection | ||||||
| 12 | (b-35) must be conducted independently from any ongoing | ||||||
| 13 | criminal investigation or proceeding, and an absence of | ||||||
| 14 | pending or possible criminal charges, criminal investigations, | ||||||
| 15 | or proceedings may not be a factor in school disciplinary | ||||||
| 16 | decisions. | ||||||
| 17 | (b-40) During a suspension review hearing conducted under | ||||||
| 18 | subsection (b) or an expulsion hearing conducted under | ||||||
| 19 | subsection (a) that involves allegations of sexual violence by | ||||||
| 20 | the student who is subject to discipline, neither the student | ||||||
| 21 | nor his or her representative shall directly question nor have | ||||||
| 22 | direct contact with the alleged victim. The student who is | ||||||
| 23 | subject to discipline or his or her representative may, at the | ||||||
| 24 | discretion and direction of the school board or its appointed | ||||||
| 25 | hearing officer, suggest questions to be posed by the school | ||||||
| 26 | board or its appointed hearing officer to the alleged victim. | ||||||
| |||||||
| |||||||
| 1 | (c) A school board must invite a representative from a | ||||||
| 2 | local mental health agency to consult with the board at the | ||||||
| 3 | meeting whenever there is evidence that mental illness may be | ||||||
| 4 | the cause of a student's expulsion or suspension. | ||||||
| 5 | (c-5) School districts shall make reasonable efforts to | ||||||
| 6 | provide ongoing professional development to all school | ||||||
| 7 | personnel, school board members, and school resource officers | ||||||
| 8 | on the requirements of this Section and Section 10-20.14, the | ||||||
| 9 | adverse consequences of school exclusion and justice-system | ||||||
| 10 | involvement, effective classroom management strategies, | ||||||
| 11 | culturally responsive discipline, trauma-responsive learning | ||||||
| 12 | environments, as defined in subsection (b) of Section 3-11, | ||||||
| 13 | the appropriate and available supportive services for the | ||||||
| 14 | promotion of student attendance and engagement, and | ||||||
| 15 | developmentally appropriate disciplinary methods that promote | ||||||
| 16 | positive and healthy school climates. | ||||||
| 17 | (d) The board may expel a student for a definite period of | ||||||
| 18 | time not to exceed 2 calendar years, as determined on a | ||||||
| 19 | case-by-case basis. A student who is determined to have | ||||||
| 20 | brought one of the following objects to school, any | ||||||
| 21 | school-sponsored activity or event, or any activity or event | ||||||
| 22 | that bears a reasonable relationship to school shall be | ||||||
| 23 | expelled for a period of not less than one year: | ||||||
| 24 | (1) A firearm. For the purposes of this Section, | ||||||
| 25 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
| 26 | by Section 921 of Title 18 of the United States Code, | ||||||
| |||||||
| |||||||
| 1 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
| 2 | Identification Card Act, or firearm as defined in Section | ||||||
| 3 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
| 4 | under this subdivision (1) may be modified by the | ||||||
| 5 | superintendent, and the superintendent's determination may | ||||||
| 6 | be modified by the board on a case-by-case basis. | ||||||
| 7 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
| 8 | regardless of its composition, a billy club, or any other | ||||||
| 9 | object if used or attempted to be used to cause bodily | ||||||
| 10 | harm, including "look alikes" of any firearm as defined in | ||||||
| 11 | subdivision (1) of this subsection (d). The expulsion | ||||||
| 12 | requirement under this subdivision (2) may be modified by | ||||||
| 13 | the superintendent, and the superintendent's determination | ||||||
| 14 | may be modified by the board on a case-by-case basis. | ||||||
| 15 | Expulsion or suspension shall be construed in a manner | ||||||
| 16 | consistent with the federal Individuals with Disabilities | ||||||
| 17 | Education Act. A student who is subject to suspension or | ||||||
| 18 | expulsion as provided in this Section may be eligible for a | ||||||
| 19 | transfer to an alternative school program in accordance with | ||||||
| 20 | Article 13A of the School Code. | ||||||
| 21 | (d-5) The board may suspend or by regulation authorize the | ||||||
| 22 | superintendent of the district or the principal, assistant | ||||||
| 23 | principal, or dean of students of any school to suspend a | ||||||
| 24 | student for a period not to exceed 10 school days or may expel | ||||||
| 25 | a student for a definite period of time not to exceed 2 | ||||||
| 26 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
| |||||||
| |||||||
| 1 | that student has been determined to have made an explicit | ||||||
| 2 | threat on an Internet website against a school employee, a | ||||||
| 3 | student, or any school-related personnel, (ii) the Internet | ||||||
| 4 | website through which the threat was made is a site that was | ||||||
| 5 | accessible within the school at the time the threat was made or | ||||||
| 6 | was available to third parties who worked or studied within | ||||||
| 7 | the school grounds at the time the threat was made, and (iii) | ||||||
| 8 | the threat could be reasonably interpreted as threatening to | ||||||
| 9 | the safety and security of the threatened individual because | ||||||
| 10 | of the individual's duties or employment status or status as a | ||||||
| 11 | student inside the school. | ||||||
| 12 | (e) To maintain order and security in the schools, school | ||||||
| 13 | authorities may inspect and search places and areas such as | ||||||
| 14 | lockers, desks, parking lots, and other school property and | ||||||
| 15 | equipment owned or controlled by the school, as well as | ||||||
| 16 | personal effects left in those places and areas by students, | ||||||
| 17 | without notice to or the consent of the student, and without a | ||||||
| 18 | search warrant. As a matter of public policy, the General | ||||||
| 19 | Assembly finds that students have no reasonable expectation of | ||||||
| 20 | privacy in these places and areas or in their personal effects | ||||||
| 21 | left in these places and areas. School authorities may request | ||||||
| 22 | the assistance of law enforcement officials for the purpose of | ||||||
| 23 | conducting inspections and searches of lockers, desks, parking | ||||||
| 24 | lots, and other school property and equipment owned or | ||||||
| 25 | controlled by the school for illegal drugs, weapons, or other | ||||||
| 26 | illegal or dangerous substances or materials, including | ||||||
| |||||||
| |||||||
| 1 | searches conducted through the use of specially trained dogs. | ||||||
| 2 | If a search conducted in accordance with this Section produces | ||||||
| 3 | evidence that the student has violated or is violating either | ||||||
| 4 | the law, local ordinance, or the school's policies or rules, | ||||||
| 5 | such evidence may be seized by school authorities, and | ||||||
| 6 | disciplinary action may be taken. School authorities may also | ||||||
| 7 | turn over such evidence to law enforcement authorities. | ||||||
| 8 | (f) Suspension or expulsion may include suspension or | ||||||
| 9 | expulsion from school and all school activities and a | ||||||
| 10 | prohibition from being present on school grounds. | ||||||
| 11 | (g) A school district may adopt a policy providing that if | ||||||
| 12 | a student is suspended or expelled for any reason from any | ||||||
| 13 | public or private school in this or any other state, the | ||||||
| 14 | student must complete the entire term of the suspension or | ||||||
| 15 | expulsion in an alternative school program under Article 13A | ||||||
| 16 | of this Code or an alternative learning opportunities program | ||||||
| 17 | under Article 13B of this Code before being admitted into the | ||||||
| 18 | school district if there is no threat to the safety of students | ||||||
| 19 | or staff in the alternative program. A school district that | ||||||
| 20 | adopts a policy under this subsection (g) must include a | ||||||
| 21 | provision allowing for consideration of any mitigating | ||||||
| 22 | factors, including, but not limited to, a student's status as | ||||||
| 23 | a parent, expectant parent, or victim of domestic or sexual | ||||||
| 24 | violence, as defined in Article 26A. | ||||||
| 25 | (h) School officials shall not advise or encourage | ||||||
| 26 | students to drop out voluntarily due to behavioral or academic | ||||||
| |||||||
| |||||||
| 1 | difficulties. | ||||||
| 2 | (i) A student may not be issued a monetary fine or fee as a | ||||||
| 3 | disciplinary consequence, though this shall not preclude | ||||||
| 4 | requiring a student to provide restitution for lost, stolen, | ||||||
| 5 | or damaged property. | ||||||
| 6 | (j) Subsections (a) through (i) of this Section shall | ||||||
| 7 | apply to elementary and secondary schools, charter schools, | ||||||
| 8 | special charter districts, and school districts organized | ||||||
| 9 | under Article 34 of this Code. | ||||||
| 10 | (k) Through June 30, 2026, the expulsion of students | ||||||
| 11 | enrolled in programs funded under Section 1C-2 of this Code is | ||||||
| 12 | subject to the requirements under paragraph (7) of subsection | ||||||
| 13 | (a) of Section 2-3.71 of this Code. | ||||||
| 14 | (k-5) On and after July 1, 2026, the expulsion of children | ||||||
| 15 | enrolled in programs funded under Section 15-25 of the | ||||||
| 16 | Department of Early Childhood Act is subject to the | ||||||
| 17 | requirements of paragraph (7) of subsection (a) of Section | ||||||
| 18 | 15-30 of the Department of Early Childhood Act. | ||||||
| 19 | (l) An in-school suspension program provided by a school | ||||||
| 20 | district for any students in kindergarten through grade 12 may | ||||||
| 21 | focus on promoting non-violent conflict resolution and | ||||||
| 22 | positive interaction with other students and school personnel. | ||||||
| 23 | A school district may employ a school social worker or a | ||||||
| 24 | licensed mental health professional to oversee an in-school | ||||||
| 25 | suspension program in kindergarten through grade 12. | ||||||
| 26 | (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21; | ||||||
| |||||||
| |||||||
| 1 | 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff. | ||||||
| 2 | 8-9-24; revised 9-25-24.)
| ||||||
| 3 | (105 ILCS 5/10-22.22) (from Ch. 122, par. 10-22.22) | ||||||
| 4 | Sec. 10-22.22. Transportation for pupils; tuition; | ||||||
| 5 | vocational school pupils-Tuition. To provide free | ||||||
| 6 | transportation for pupils, and where in its judgment the | ||||||
| 7 | interests of the district and of the pupils therein will be | ||||||
| 8 | best subserved by so doing the school board may permit the | ||||||
| 9 | pupils in the district or in any particular grade to attend the | ||||||
| 10 | schools of other districts and may permit any pupil to attend | ||||||
| 11 | an area secondary vocational school operated by a public | ||||||
| 12 | school district or a public or non-public vocational school | ||||||
| 13 | within the State of Illinois or adjacent states approved by | ||||||
| 14 | the Board of Vocational Education, and may provide free | ||||||
| 15 | transportation for such pupils and shall pay the tuition of | ||||||
| 16 | such pupils in the schools attended; such tuition shall be | ||||||
| 17 | based upon per capita cost computed in the following manner: | ||||||
| 18 | The cost of conducting and maintaining any area secondary | ||||||
| 19 | vocational school facility shall be first determined and shall | ||||||
| 20 | include the following expenses applicable only to such | ||||||
| 21 | educational facility under rules and regulations established | ||||||
| 22 | by the Board of Vocational Education and Rehabilitation as | ||||||
| 23 | follows: | ||||||
| 24 | a. Salaries of teachers, vocational counselors, and | ||||||
| 25 | supporting professional workers, necessary non-certified | ||||||
| |||||||
| |||||||
| 1 | workers, clerks, custodial employees, and any district | ||||||
| 2 | taxes specifically for their pension and retirement | ||||||
| 3 | benefits. | ||||||
| 4 | b. Equipment and supplies necessary for program | ||||||
| 5 | operation. | ||||||
| 6 | c. Administrative costs. | ||||||
| 7 | d. Operation of physical plant, including heat, light, | ||||||
| 8 | water, repairs, and maintenance. | ||||||
| 9 | e. Auxiliary service, not including any transportation | ||||||
| 10 | cost. | ||||||
| 11 | From such total cost thus determined there shall be | ||||||
| 12 | deducted the State reimbursement due on account of such | ||||||
| 13 | educational facility for the same year, not including any | ||||||
| 14 | State reimbursement for area secondary vocational school | ||||||
| 15 | transportation. Such net cost shall be divided by the average | ||||||
| 16 | number of pupils in average daily attendance in such area | ||||||
| 17 | secondary vocational school facility for the school year in | ||||||
| 18 | order to arrive at the net per capita tuition cost. Such costs | ||||||
| 19 | shall be computed on pupils regularly enrolled in an area | ||||||
| 20 | secondary vocational school on the basis of one-sixth day for | ||||||
| 21 | every class hour attended pursuant to such enrollment; | ||||||
| 22 | provided . Provided, that the board, subject to the approval of | ||||||
| 23 | the county superintendent of schools, may determine what | ||||||
| 24 | schools outside of its their district such pupils shall | ||||||
| 25 | attend. This Section section does not require the board of | ||||||
| 26 | directors or board of education of any district to admit | ||||||
| |||||||
| |||||||
| 1 | pupils from another district. | ||||||
| 2 | (Source: P.A. 94-213, eff. 7-14-05; revised 7-17-24.)
| ||||||
| 3 | (105 ILCS 5/10-22.24b) | ||||||
| 4 | Sec. 10-22.24b. School counseling services. School | ||||||
| 5 | counseling services in public schools may be provided by | ||||||
| 6 | school counselors as defined in Section 10-22.24a of this Code | ||||||
| 7 | or by individuals who hold a Professional Educator License | ||||||
| 8 | with a school support personnel endorsement in the area of | ||||||
| 9 | school counseling under Section 21B-25 of this Code. | ||||||
| 10 | School counseling services may include, but are not | ||||||
| 11 | limited to: | ||||||
| 12 | (1) designing and delivering a comprehensive school | ||||||
| 13 | counseling program through a standards-based, | ||||||
| 14 | data-informed program that promotes student achievement | ||||||
| 15 | and wellness; | ||||||
| 16 | (2) (blank); | ||||||
| 17 | (3) school counselors working as culturally skilled | ||||||
| 18 | professionals who act sensitively to promote social | ||||||
| 19 | justice and equity in a pluralistic society; | ||||||
| 20 | (4) providing individual and group counseling; | ||||||
| 21 | (5) providing a core counseling curriculum that serves | ||||||
| 22 | all students and addresses the knowledge and skills | ||||||
| 23 | appropriate to their developmental level through a | ||||||
| 24 | collaborative model of delivery involving the school | ||||||
| 25 | counselor, classroom teachers, and other appropriate | ||||||
| |||||||
| |||||||
| 1 | education professionals, and including prevention and | ||||||
| 2 | pre-referral activities; | ||||||
| 3 | (6) making referrals when necessary to appropriate | ||||||
| 4 | offices or outside agencies; | ||||||
| 5 | (7) providing college and career development | ||||||
| 6 | activities and counseling; | ||||||
| 7 | (8) developing individual career plans with students, | ||||||
| 8 | which includes planning for post-secondary education, as | ||||||
| 9 | appropriate, and engaging in related and relevant career | ||||||
| 10 | and technical education coursework in high school; | ||||||
| 11 | (9) assisting all students with a college or | ||||||
| 12 | post-secondary education plan, which must include a | ||||||
| 13 | discussion on all post-secondary education options, | ||||||
| 14 | including 4-year colleges or universities, community | ||||||
| 15 | colleges, and vocational schools, and includes planning | ||||||
| 16 | for post-secondary education, as appropriate, and engaging | ||||||
| 17 | in related and relevant career and technical education | ||||||
| 18 | coursework in high school; | ||||||
| 19 | (10) (blank); | ||||||
| 20 | (11) educating all students on scholarships, financial | ||||||
| 21 | aid, and preparation of the Federal Application for | ||||||
| 22 | Federal Student Aid; | ||||||
| 23 | (12) collaborating with institutions of higher | ||||||
| 24 | education and local community colleges so that students | ||||||
| 25 | understand post-secondary education options and are ready | ||||||
| 26 | to transition successfully; | ||||||
| |||||||
| |||||||
| 1 | (13) providing crisis intervention and contributing to | ||||||
| 2 | the development of a specific crisis plan within the | ||||||
| 3 | school setting in collaboration with multiple | ||||||
| 4 | stakeholders; | ||||||
| 5 | (14) providing educational opportunities for students, | ||||||
| 6 | teachers, and parents on mental health issues; | ||||||
| 7 | (15) providing counseling and other resources to | ||||||
| 8 | students who are in crisis; | ||||||
| 9 | (16) working to address barriers that prohibit or | ||||||
| 10 | limit access to mental health services; | ||||||
| 11 | (17) addressing bullying and conflict resolution with | ||||||
| 12 | all students; | ||||||
| 13 | (18) teaching communication skills and helping | ||||||
| 14 | students develop positive relationships; | ||||||
| 15 | (19) using culturally sensitive skills in working with | ||||||
| 16 | all students to promote wellness; | ||||||
| 17 | (20) working to address the needs of all students with | ||||||
| 18 | regard to citizenship status; | ||||||
| 19 | (21) (blank);; | ||||||
| 20 | (22) providing academic, social-emotional, and college | ||||||
| 21 | and career supports to all students irrespective of | ||||||
| 22 | special education or Section 504 status; | ||||||
| 23 | (23) assisting students in goal setting and success | ||||||
| 24 | skills for classroom behavior, study skills, test | ||||||
| 25 | preparation, internal motivation, and intrinsic rewards; | ||||||
| 26 | (24) (blank);; | ||||||
| |||||||
| |||||||
| 1 | (25) providing information for all students in the | ||||||
| 2 | selection of courses that will lead to post-secondary | ||||||
| 3 | education opportunities toward a successful career; | ||||||
| 4 | (26) interpreting achievement test results and guiding | ||||||
| 5 | students in appropriate directions; | ||||||
| 6 | (27) (blank); | ||||||
| 7 | (28) providing families with opportunities for | ||||||
| 8 | education and counseling as appropriate in relation to the | ||||||
| 9 | student's educational assessment; | ||||||
| 10 | (29) consulting and collaborating with teachers and | ||||||
| 11 | other school personnel regarding behavior management and | ||||||
| 12 | intervention plans and inclusion in support of students; | ||||||
| 13 | (30) teaming and partnering with staff, parents, | ||||||
| 14 | businesses, and community organizations to support student | ||||||
| 15 | achievement and social-emotional learning standards for | ||||||
| 16 | all students; | ||||||
| 17 | (31) developing and implementing school-based | ||||||
| 18 | prevention programs, including, but not limited to, | ||||||
| 19 | mediation and violence prevention, implementing social and | ||||||
| 20 | emotional education programs and services, and | ||||||
| 21 | establishing and implementing bullying prevention and | ||||||
| 22 | intervention programs; | ||||||
| 23 | (32) developing culturally sensitive assessment | ||||||
| 24 | instruments for measuring school counseling prevention and | ||||||
| 25 | intervention effectiveness and collecting, analyzing, and | ||||||
| 26 | interpreting data; | ||||||
| |||||||
| |||||||
| 1 | (33) participating on school and district committees | ||||||
| 2 | to advocate for student programs and resources, as well as | ||||||
| 3 | establishing a school counseling advisory council that | ||||||
| 4 | includes representatives of key stakeholders selected to | ||||||
| 5 | review and advise on the implementation of the school | ||||||
| 6 | counseling program; | ||||||
| 7 | (34) acting as a liaison between the public schools | ||||||
| 8 | and community resources and building relationships with | ||||||
| 9 | important stakeholders, such as families, administrators, | ||||||
| 10 | teachers, and board members; | ||||||
| 11 | (35) maintaining organized, clear, and useful records | ||||||
| 12 | in a confidential manner consistent with Section 5 of the | ||||||
| 13 | Illinois School Student Records Act, the Family | ||||||
| 14 | Educational Rights and Privacy Act, and the Health | ||||||
| 15 | Insurance Portability and Accountability Act; | ||||||
| 16 | (36) presenting an annual agreement to the | ||||||
| 17 | administration, including a formal discussion of the | ||||||
| 18 | alignment of school and school counseling program missions | ||||||
| 19 | and goals and detailing specific school counselor | ||||||
| 20 | responsibilities; | ||||||
| 21 | (37) identifying and implementing culturally sensitive | ||||||
| 22 | measures of success for student competencies in each of | ||||||
| 23 | the 3 domains of academic, social and emotional, and | ||||||
| 24 | college and career learning based on planned and periodic | ||||||
| 25 | assessment of the comprehensive developmental school | ||||||
| 26 | counseling program; | ||||||
| |||||||
| |||||||
| 1 | (38) collaborating as a team member in Multi-Tiered | ||||||
| 2 | Systems of Support and other school initiatives; | ||||||
| 3 | (39) conducting observations and participating in | ||||||
| 4 | recommendations or interventions regarding the placement | ||||||
| 5 | of children in educational programs or special education | ||||||
| 6 | classes; | ||||||
| 7 | (40) analyzing data and results of school counseling | ||||||
| 8 | program assessments, including curriculum, small-group, | ||||||
| 9 | and closing-the-gap results reports, and designing | ||||||
| 10 | strategies to continue to improve program effectiveness; | ||||||
| 11 | (41) analyzing data and results of school counselor | ||||||
| 12 | competency assessments; | ||||||
| 13 | (42) following American School Counselor Association | ||||||
| 14 | Ethical Standards for School Counselors to demonstrate | ||||||
| 15 | high standards of integrity, leadership, and | ||||||
| 16 | professionalism; | ||||||
| 17 | (43) using student competencies to assess student | ||||||
| 18 | growth and development to inform decisions regarding | ||||||
| 19 | strategies, activities, and services that help students | ||||||
| 20 | achieve the highest academic level possible; | ||||||
| 21 | (44) practicing as a culturally skilled school | ||||||
| 22 | counselor by infusing the multicultural competencies | ||||||
| 23 | within the role of the school counselor, including the | ||||||
| 24 | practice of culturally sensitive attitudes and beliefs, | ||||||
| 25 | knowledge, and skills; | ||||||
| 26 | (45) infusing the Social-Emotional Standards, as | ||||||
| |||||||
| |||||||
| 1 | presented in the State Board of Education standards, | ||||||
| 2 | across the curriculum and in the counselor's role in ways | ||||||
| 3 | that empower and enable students to achieve academic | ||||||
| 4 | success across all grade levels; | ||||||
| 5 | (46) providing services only in areas in which the | ||||||
| 6 | school counselor has appropriate training or expertise, as | ||||||
| 7 | well as only providing counseling or consulting services | ||||||
| 8 | within his or her employment to any student in the | ||||||
| 9 | district or districts which employ such school counselor, | ||||||
| 10 | in accordance with professional ethics; | ||||||
| 11 | (47) having adequate training in supervision knowledge | ||||||
| 12 | and skills in order to supervise school counseling interns | ||||||
| 13 | enrolled in graduate school counselor preparation programs | ||||||
| 14 | that meet the standards established by the State Board of | ||||||
| 15 | Education; | ||||||
| 16 | (48) being involved with State and national | ||||||
| 17 | professional associations; | ||||||
| 18 | (49) complete the required training as outlined in | ||||||
| 19 | Section 10-22.39; | ||||||
| 20 | (50) (blank); | ||||||
| 21 | (51) (blank); | ||||||
| 22 | (52) (blank); | ||||||
| 23 | (53) (blank); | ||||||
| 24 | (54) (blank); and | ||||||
| 25 | (55) promoting career and technical education by | ||||||
| 26 | assisting each student to determine an appropriate | ||||||
| |||||||
| |||||||
| 1 | postsecondary plan based upon the student's skills, | ||||||
| 2 | strengths, and goals and assisting the student to | ||||||
| 3 | implement the best practices that improve career or | ||||||
| 4 | workforce readiness after high school. | ||||||
| 5 | School districts may employ a sufficient number of school | ||||||
| 6 | counselors to maintain the national and State recommended | ||||||
| 7 | student-counselor ratio of 250 to 1. School districts may have | ||||||
| 8 | school counselors spend at least 80% of his or her work time in | ||||||
| 9 | direct contact with students. | ||||||
| 10 | Nothing in this Section prohibits other qualified | ||||||
| 11 | professionals, including other endorsed school support | ||||||
| 12 | personnel, from providing the services listed in this Section. | ||||||
| 13 | (Source: P.A. 102-876, eff. 1-1-23; 103-154, eff. 6-30-23; | ||||||
| 14 | 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for | ||||||
| 15 | effective date of P.A. 103-542; 103-780, eff. 8-2-24; revised | ||||||
| 16 | 10-21-24.)
| ||||||
| 17 | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) | ||||||
| 18 | Sec. 10-22.36. Buildings for school purposes. | ||||||
| 19 | (a) To build or purchase a building for school classroom | ||||||
| 20 | or instructional purposes upon the approval of a majority of | ||||||
| 21 | the voters upon the proposition at a referendum held for such | ||||||
| 22 | purpose or in accordance with Section 17-2.11, 19-3.5, or | ||||||
| 23 | 19-3.10. The board may initiate such referendum by resolution. | ||||||
| 24 | The board shall certify the resolution and proposition to the | ||||||
| 25 | proper election authority for submission in accordance with | ||||||
| |||||||
| |||||||
| 1 | the general election law. | ||||||
| 2 | The questions of building one or more new buildings for | ||||||
| 3 | school purposes or office facilities, and issuing bonds for | ||||||
| 4 | the purpose of borrowing money to purchase one or more | ||||||
| 5 | buildings or sites for such buildings or office sites, to | ||||||
| 6 | build one or more new buildings for school purposes or office | ||||||
| 7 | facilities or to make additions and improvements to existing | ||||||
| 8 | school buildings, may be combined into one or more | ||||||
| 9 | propositions on the ballot. | ||||||
| 10 | Before erecting, or purchasing or remodeling such a | ||||||
| 11 | building the board shall submit the plans and specifications | ||||||
| 12 | respecting heating, ventilating, lighting, seating, water | ||||||
| 13 | supply, toilets and safety against fire to the regional | ||||||
| 14 | superintendent of schools having supervision and control over | ||||||
| 15 | the district, for approval in accordance with Section 2-3.12. | ||||||
| 16 | Notwithstanding any of the foregoing, no referendum shall | ||||||
| 17 | be required if the purchase, construction, or building of any | ||||||
| 18 | such building (1) occurs while the building is being leased by | ||||||
| 19 | the school district or (2) is paid with (A) funds derived from | ||||||
| 20 | the sale or disposition of other buildings, land, or | ||||||
| 21 | structures of the school district or (B) funds received (i) as | ||||||
| 22 | a grant under the School Construction Law or (ii) as gifts or | ||||||
| 23 | donations, provided that no funds to purchase, construct, or | ||||||
| 24 | build such building, other than lease payments, are derived | ||||||
| 25 | from the district's bonded indebtedness or the tax levy of the | ||||||
| 26 | district. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any of the foregoing, no referendum shall | ||||||
| 2 | be required if the purchase, construction, or building of any | ||||||
| 3 | such building is paid with funds received from the County | ||||||
| 4 | School Facility and Resources Occupation Tax Law under Section | ||||||
| 5 | 5-1006.7 of the Counties Code or from the proceeds of bonds or | ||||||
| 6 | other debt obligations secured by revenues obtained from that | ||||||
| 7 | Law. | ||||||
| 8 | Notwithstanding any of the foregoing, for Decatur School | ||||||
| 9 | District Number 61, no referendum shall be required if at | ||||||
| 10 | least 50% of the cost of the purchase, construction, or | ||||||
| 11 | building of any such building is paid, or will be paid, with | ||||||
| 12 | funds received or expected to be received as part of, or | ||||||
| 13 | otherwise derived from, any COVID-19 pandemic relief program | ||||||
| 14 | or funding source, including, but not limited to, Elementary | ||||||
| 15 | and Secondary School Emergency Relief Fund grant proceeds. | ||||||
| 16 | (b) Notwithstanding the provisions of subsection (a), for | ||||||
| 17 | any school district: (i) that is a tier 1 school, (ii) that has | ||||||
| 18 | a population of less than 50,000 inhabitants, (iii) whose | ||||||
| 19 | student population is between 5,800 and 6,300, (iv) in which | ||||||
| 20 | 57% to 62% of students are low-income, and (v) whose average | ||||||
| 21 | district spending is between $10,000 to $12,000 per pupil, | ||||||
| 22 | until July 1, 2025, no referendum shall be required if at least | ||||||
| 23 | 50% of the cost of the purchase, construction, or building of | ||||||
| 24 | any such building is paid, or will be paid, with funds received | ||||||
| 25 | or expected to be received as part of, or otherwise derived | ||||||
| 26 | from, the federal Consolidated Appropriations Act and the | ||||||
| |||||||
| |||||||
| 1 | federal American Rescue Plan Act of 2021. | ||||||
| 2 | For this subsection (b), the school board must hold at | ||||||
| 3 | least 2 public hearings, the sole purpose of which shall be to | ||||||
| 4 | discuss the decision to construct a school building and to | ||||||
| 5 | receive input from the community. The notice of each public | ||||||
| 6 | hearing that sets forth the time, date, place, and name or | ||||||
| 7 | description of the school building that the school board is | ||||||
| 8 | considering constructing must be provided at least 10 days | ||||||
| 9 | prior to the hearing by publication on the school board's | ||||||
| 10 | Internet website. | ||||||
| 11 | (c) Notwithstanding the provisions of subsections (a) and | ||||||
| 12 | (b), for Cahokia Community Unit School District 187, no | ||||||
| 13 | referendum shall be required for the lease of any building for | ||||||
| 14 | school or educational purposes if the cost is paid or will be | ||||||
| 15 | paid with funds available at the time of the lease in the | ||||||
| 16 | district's existing fund balances to fund the lease of a | ||||||
| 17 | building during the 2023-2024 or 2024-2025 school year. | ||||||
| 18 | For the purposes of this subsection (c), the school board | ||||||
| 19 | must hold at least 2 public hearings, the sole purpose of which | ||||||
| 20 | shall be to discuss the decision to lease a school building and | ||||||
| 21 | to receive input from the community. The notice of each public | ||||||
| 22 | hearing that sets forth the time, date, place, and name or | ||||||
| 23 | description of the school building that the school board is | ||||||
| 24 | considering leasing must be provided at least 10 days prior to | ||||||
| 25 | the hearing by publication on the school district's website. | ||||||
| 26 | (d) Notwithstanding the provisions of subsections (a) and | ||||||
| |||||||
| |||||||
| 1 | (b), for Bloomington School District 87, no referendum shall | ||||||
| 2 | be required for the purchase, construction, or building of any | ||||||
| 3 | building for school or education purposes if such cost is paid | ||||||
| 4 | or will be paid with funds available at the time of contract, | ||||||
| 5 | purchase, construction, or building in Bloomington School | ||||||
| 6 | District Number 87's existing fund balances to fund the | ||||||
| 7 | procurement or requisition of a building or site during the | ||||||
| 8 | 2022-2023, 2023-2024, or 2024-2025 school year. | ||||||
| 9 | For this subsection (d), the school board must hold at | ||||||
| 10 | least 2 public hearings, the sole purpose of which shall be to | ||||||
| 11 | discuss the decision to construct a school building and to | ||||||
| 12 | receive input from the community. The notice of each public | ||||||
| 13 | hearing that sets forth the time, date, place, and name or | ||||||
| 14 | description of the school building that the school board is | ||||||
| 15 | considering constructing must be provided at least 10 days | ||||||
| 16 | prior to the hearing by publication on the school board's | ||||||
| 17 | website. | ||||||
| 18 | (e) Notwithstanding the provisions of subsection (a), for | ||||||
| 19 | any school district: (i) that is designated as a Tier 1 or Tier | ||||||
| 20 | 2 school district under Section 18-8.15, (ii) with at least | ||||||
| 21 | one school that is located on federal property, (iii) whose | ||||||
| 22 | overall student population is no more than 4,500 students and | ||||||
| 23 | no less than 2,500 students, and (iv) that receives a federal | ||||||
| 24 | Public Schools on Military Installations grant until June 30, | ||||||
| 25 | 2030, no referendum shall be required if at least 75% of the | ||||||
| 26 | cost of construction or building of any such building is paid | ||||||
| |||||||
| |||||||
| 1 | or will be paid with funds received or expected to be received | ||||||
| 2 | from the Public Schools on Military Installations grant. | ||||||
| 3 | For this subsection (e), the school board must hold at | ||||||
| 4 | least 2 public hearings, the sole purpose of which shall be to | ||||||
| 5 | discuss the decision to construct a school building and to | ||||||
| 6 | receive input from those community members in attendance. The | ||||||
| 7 | notice of each public hearing that sets forth the time, date, | ||||||
| 8 | place, and description of the school construction project must | ||||||
| 9 | be provided at least 10 days prior to the hearing by | ||||||
| 10 | publication on the school district's website. | ||||||
| 11 | (f) (e) Notwithstanding the provisions of subsection (a) | ||||||
| 12 | and (b), beginning September 1, 2024, no referendum shall be | ||||||
| 13 | required to build or purchase a building for school classroom | ||||||
| 14 | or instructional purposes if, prior to the building or | ||||||
| 15 | purchase of the building, the board determines, by resolution, | ||||||
| 16 | that the building or purchase will result in an increase in | ||||||
| 17 | pre-kindergarten or kindergarten classroom space in the | ||||||
| 18 | district. | ||||||
| 19 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; | ||||||
| 20 | 103-8, eff. 6-7-23; 103-509, eff. 8-4-23; 103-591, eff. | ||||||
| 21 | 7-1-24; 103-605, eff. 7-1-24; 103-878, eff. 8-9-24; revised | ||||||
| 22 | 9-25-24.)
| ||||||
| 23 | (105 ILCS 5/14A-32) | ||||||
| 24 | Sec. 14A-32. Accelerated placement; school district | ||||||
| 25 | responsibilities. | ||||||
| |||||||
| |||||||
| 1 | (a) Each school district shall have a policy that allows | ||||||
| 2 | for accelerated placement that includes or incorporates by | ||||||
| 3 | reference the following components: | ||||||
| 4 | (1) a provision that provides that participation in | ||||||
| 5 | accelerated placement is not limited to those children who | ||||||
| 6 | have been identified as gifted and talented, but rather is | ||||||
| 7 | open to all children who demonstrate high ability and who | ||||||
| 8 | may benefit from accelerated placement; | ||||||
| 9 | (2) a fair and equitable decision-making process that | ||||||
| 10 | involves multiple persons and includes a student's parents | ||||||
| 11 | or guardians; | ||||||
| 12 | (3) procedures for notifying parents or guardians of a | ||||||
| 13 | child of a decision affecting that child's participation | ||||||
| 14 | in an accelerated placement program; and | ||||||
| 15 | (4) an assessment process that includes multiple | ||||||
| 16 | valid, reliable indicators. | ||||||
| 17 | (a-5) By no later than the beginning of the 2023-2024 | ||||||
| 18 | school year, a school district's accelerated placement policy | ||||||
| 19 | shall allow for the automatic enrollment, in the following | ||||||
| 20 | school term, of a student into the next most rigorous level of | ||||||
| 21 | advanced coursework offered by the high school if the student | ||||||
| 22 | meets or exceeds State standards in English language arts, | ||||||
| 23 | mathematics, or science on a State assessment administered | ||||||
| 24 | under Section 2-3.64a-5 as follows: | ||||||
| 25 | (1) A student who exceeds State standards in English | ||||||
| 26 | language arts shall be automatically enrolled into the | ||||||
| |||||||
| |||||||
| 1 | next most rigorous level of advanced coursework in | ||||||
| 2 | English, social studies, humanities, or related subjects. | ||||||
| 3 | (2) A student who exceeds State standards in | ||||||
| 4 | mathematics shall be automatically enrolled into the next | ||||||
| 5 | most rigorous level of advanced coursework in mathematics. | ||||||
| 6 | (3) A student who exceeds State standards in science | ||||||
| 7 | shall be automatically enrolled into the next most | ||||||
| 8 | rigorous level of advanced coursework in science. | ||||||
| 9 | (a-10) By no later than the beginning of the 2027-2028 | ||||||
| 10 | school year, a school district's accelerated placement policy | ||||||
| 11 | shall allow for automatic eligibility, in the following school | ||||||
| 12 | term, for a student to enroll in the next most rigorous level | ||||||
| 13 | of advanced coursework offered by the high school if the | ||||||
| 14 | student meets State standards in English language arts, | ||||||
| 15 | mathematics, or science on a State assessment administered | ||||||
| 16 | under Section 2-3.64a-5 as follows: | ||||||
| 17 | (1) A student who meets State standards in English | ||||||
| 18 | language arts shall be automatically eligible to enroll in | ||||||
| 19 | the next most rigorous level of advanced coursework in | ||||||
| 20 | English, social studies, humanities, or related subjects. | ||||||
| 21 | (2) A student who meets State standards in mathematics | ||||||
| 22 | shall be automatically eligible to enroll in the next most | ||||||
| 23 | rigorous level of advanced coursework in mathematics. | ||||||
| 24 | (3) A student who meets State standards in science | ||||||
| 25 | shall be automatically eligible to enroll in the next most | ||||||
| 26 | rigorous level of advanced coursework in science. | ||||||
| |||||||
| |||||||
| 1 | (a-15) For a student entering grade 12, the next most | ||||||
| 2 | rigorous level of advanced coursework in English language arts | ||||||
| 3 | or mathematics shall be a dual credit course, as defined in the | ||||||
| 4 | Dual Credit Quality Act, an Advanced Placement course, as | ||||||
| 5 | defined in Section 10 of the College and Career Success for All | ||||||
| 6 | Students Act, or an International Baccalaureate course; | ||||||
| 7 | otherwise, the next most rigorous level of advanced coursework | ||||||
| 8 | under this subsection (a-15) may include a dual credit course, | ||||||
| 9 | as defined in the Dual Credit Quality Act, an Advanced | ||||||
| 10 | Placement course, as defined in Section 10 of the College and | ||||||
| 11 | Career Success for All Students Act, an International | ||||||
| 12 | Baccalaureate course, an honors class, an enrichment | ||||||
| 13 | opportunity, a gifted program, or another program offered by | ||||||
| 14 | the district. | ||||||
| 15 | A school district may use the student's most recent State | ||||||
| 16 | assessment results to determine whether a student meets or | ||||||
| 17 | exceeds State standards. For a student entering grade 9, | ||||||
| 18 | results from the State assessment taken in grades 6 through 8 | ||||||
| 19 | may be used. For other high school grades, the results from a | ||||||
| 20 | locally selected, nationally normed assessment may be used | ||||||
| 21 | instead of the State assessment if those results are the most | ||||||
| 22 | recent. | ||||||
| 23 | (a-20) A school district's accelerated placement policy | ||||||
| 24 | may allow for the waiver of a course or unit of instruction | ||||||
| 25 | completion requirement if (i) completion of the course or unit | ||||||
| 26 | of instruction is required by this Code or rules adopted by the | ||||||
| |||||||
| |||||||
| 1 | State Board of Education as a prerequisite to receiving a high | ||||||
| 2 | school diploma and (ii) the school district has determined | ||||||
| 3 | that the student has demonstrated mastery of or competency in | ||||||
| 4 | the content of the course or unit of instruction. The school | ||||||
| 5 | district shall maintain documentation of this determination of | ||||||
| 6 | mastery or competency for each student, that shall include | ||||||
| 7 | identification of the learning standards or competencies | ||||||
| 8 | reviewed, the methods of measurement used, student | ||||||
| 9 | performance, the date of the determination, and identification | ||||||
| 10 | of the district personnel involved in the determination | ||||||
| 11 | process. | ||||||
| 12 | (a-25) A school district's accelerated placement policy | ||||||
| 13 | must include a process through which the parent or guardian of | ||||||
| 14 | each student who meets State standards is provided | ||||||
| 15 | notification in writing of the student's eligibility for | ||||||
| 16 | enrollment in accelerated courses. This notification must | ||||||
| 17 | provide details on the procedures for the parent or guardian | ||||||
| 18 | to enroll or not enroll the student in accelerated courses, in | ||||||
| 19 | writing, on forms the school district makes available. If no | ||||||
| 20 | course selection is made by the parent or guardian in | ||||||
| 21 | accordance with procedures set forth by the school district, | ||||||
| 22 | the student shall be automatically enrolled in the next most | ||||||
| 23 | rigorous level of coursework. A school district must provide | ||||||
| 24 | the parent or guardian of a student eligible for enrollment | ||||||
| 25 | under subsection (a-5) or (a-10) with the option to instead | ||||||
| 26 | have the student enroll in alternative coursework that better | ||||||
| |||||||
| |||||||
| 1 | aligns with the student's postsecondary education or career | ||||||
| 2 | goals. If applicable, a school district must provide | ||||||
| 3 | notification to a student's parent or guardian that the | ||||||
| 4 | student will receive a waiver of a course or unit of | ||||||
| 5 | instruction completion requirement under subsection | ||||||
| 6 | subsections (a-5) or (a-10). | ||||||
| 7 | Nothing in subsection (a-5) or (a-10) may be interpreted | ||||||
| 8 | to preclude other students from enrolling in advanced | ||||||
| 9 | coursework per the policy of a school district. | ||||||
| 10 | (a-30) Nothing in this Section shall prohibit the | ||||||
| 11 | implementation of policies that allow for automatic enrollment | ||||||
| 12 | of students who meet standards on State assessments into the | ||||||
| 13 | next most rigorous level of advanced coursework offered by a | ||||||
| 14 | high school. | ||||||
| 15 | (b) Further, a school district's accelerated placement | ||||||
| 16 | policy may include or incorporate by reference, but need not | ||||||
| 17 | be limited to, the following components: | ||||||
| 18 | (1) procedures for annually informing the community | ||||||
| 19 | at-large, including parents or guardians, community-based | ||||||
| 20 | organizations, and providers of out-of-school programs, | ||||||
| 21 | about the accelerated placement program and the methods | ||||||
| 22 | used for the identification of children eligible for | ||||||
| 23 | accelerated placement, including strategies to reach | ||||||
| 24 | groups of students and families who have been historically | ||||||
| 25 | underrepresented in accelerated placement programs and | ||||||
| 26 | advanced coursework; | ||||||
| |||||||
| |||||||
| 1 | (2) a process for referral that allows for multiple | ||||||
| 2 | referrers, including a child's parents or guardians; other | ||||||
| 3 | referrers may include licensed education professionals, | ||||||
| 4 | the child, with the written consent of a parent or | ||||||
| 5 | guardian, a peer, through a licensed education | ||||||
| 6 | professional who has knowledge of the referred child's | ||||||
| 7 | abilities, or, in case of possible early entrance, a | ||||||
| 8 | preschool educator, pediatrician, or psychologist who | ||||||
| 9 | knows the child; | ||||||
| 10 | (3) a provision that provides that children | ||||||
| 11 | participating in an accelerated placement program and | ||||||
| 12 | their parents or guardians will be provided a written plan | ||||||
| 13 | detailing the type of acceleration the child will receive | ||||||
| 14 | and strategies to support the child; | ||||||
| 15 | (4) procedures to provide support and promote success | ||||||
| 16 | for students who are newly enrolled in an accelerated | ||||||
| 17 | placement program; | ||||||
| 18 | (5) a process for the school district to review and | ||||||
| 19 | utilize disaggregated data on participation in an | ||||||
| 20 | accelerated placement program to address gaps among | ||||||
| 21 | demographic groups in accelerated placement opportunities; | ||||||
| 22 | and | ||||||
| 23 | (6) procedures to promote equity, which may | ||||||
| 24 | incorporate one or more of the following evidence-based | ||||||
| 25 | practices: | ||||||
| 26 | (A) the use of multiple tools to assess | ||||||
| |||||||
| |||||||
| 1 | exceptional potential and provide several pathways | ||||||
| 2 | into advanced academic programs when assessing student | ||||||
| 3 | need for advanced academic or accelerated programming; | ||||||
| 4 | (B) providing enrichment opportunities starting in | ||||||
| 5 | the early grades to address achievement gaps that | ||||||
| 6 | occur at school entry and provide students with | ||||||
| 7 | opportunities to demonstrate their advanced potential; | ||||||
| 8 | (C) the use of universal screening combined with | ||||||
| 9 | local school-based norms for placement in accelerated | ||||||
| 10 | and advanced learning programs; | ||||||
| 11 | (D) developing a continuum of services to identify | ||||||
| 12 | and develop talent in all learners ranging from | ||||||
| 13 | enriched learning experiences, such as problem-based | ||||||
| 14 | learning, performance tasks, critical thinking, and | ||||||
| 15 | career exploration, to accelerated placement and | ||||||
| 16 | advanced academic programming; and | ||||||
| 17 | (E) providing professional learning in gifted | ||||||
| 18 | education for teachers and other appropriate school | ||||||
| 19 | personnel to appropriately identify and challenge | ||||||
| 20 | students from diverse cultures and backgrounds who may | ||||||
| 21 | benefit from accelerated placement or advanced | ||||||
| 22 | academic programming. | ||||||
| 23 | (c) The State Board of Education shall adopt rules to | ||||||
| 24 | determine data to be collected and disaggregated by | ||||||
| 25 | demographic group regarding accelerated placement, including | ||||||
| 26 | the rates of students who participate in and successfully | ||||||
| |||||||
| |||||||
| 1 | complete advanced coursework, and a method of making the | ||||||
| 2 | information available to the public. | ||||||
| 3 | (d) On or before November 1, 2022, following a review of | ||||||
| 4 | disaggregated data on the participation and successful | ||||||
| 5 | completion rates of students enrolled in an accelerated | ||||||
| 6 | placement program, each school district shall develop a plan | ||||||
| 7 | to expand access to its accelerated placement program and to | ||||||
| 8 | ensure the teaching capacity necessary to meet the increased | ||||||
| 9 | demand. | ||||||
| 10 | (Source: P.A. 102-209, eff. 11-30-21 (See Section 5 of P.A. | ||||||
| 11 | 102-671 for effective date of P.A. 102-209); 103-263, eff. | ||||||
| 12 | 6-30-23; 103-743, eff. 8-2-24; revised 10-21-24.)
| ||||||
| 13 | (105 ILCS 5/18-8.15) | ||||||
| 14 | Sec. 18-8.15. Evidence-Based Funding for student success | ||||||
| 15 | for the 2017-2018 and subsequent school years. | ||||||
| 16 | (a) General provisions. | ||||||
| 17 | (1) The purpose of this Section is to ensure that, by | ||||||
| 18 | June 30, 2027 and beyond, this State has a kindergarten | ||||||
| 19 | through grade 12 public education system with the capacity | ||||||
| 20 | to ensure the educational development of all persons to | ||||||
| 21 | the limits of their capacities in accordance with Section | ||||||
| 22 | 1 of Article X of the Constitution of the State of | ||||||
| 23 | Illinois. To accomplish that objective, this Section | ||||||
| 24 | creates a method of funding public education that is | ||||||
| 25 | evidence-based; is sufficient to ensure every student | ||||||
| |||||||
| |||||||
| 1 | receives a meaningful opportunity to learn irrespective of | ||||||
| 2 | race, ethnicity, sexual orientation, gender, or | ||||||
| 3 | community-income level; and is sustainable and | ||||||
| 4 | predictable. When fully funded under this Section, every | ||||||
| 5 | school shall have the resources, based on what the | ||||||
| 6 | evidence indicates is needed, to: | ||||||
| 7 | (A) provide all students with a high quality | ||||||
| 8 | education that offers the academic, enrichment, social | ||||||
| 9 | and emotional support, technical, and career-focused | ||||||
| 10 | programs that will allow them to become competitive | ||||||
| 11 | workers, responsible parents, productive citizens of | ||||||
| 12 | this State, and active members of our national | ||||||
| 13 | democracy; | ||||||
| 14 | (B) ensure all students receive the education they | ||||||
| 15 | need to graduate from high school with the skills | ||||||
| 16 | required to pursue post-secondary education and | ||||||
| 17 | training for a rewarding career; | ||||||
| 18 | (C) reduce, with a goal of eliminating, the | ||||||
| 19 | achievement gap between at-risk and non-at-risk | ||||||
| 20 | students by raising the performance of at-risk | ||||||
| 21 | students and not by reducing standards; and | ||||||
| 22 | (D) ensure this State satisfies its obligation to | ||||||
| 23 | assume the primary responsibility to fund public | ||||||
| 24 | education and simultaneously relieve the | ||||||
| 25 | disproportionate burden placed on local property taxes | ||||||
| 26 | to fund schools. | ||||||
| |||||||
| |||||||
| 1 | (2) The Evidence-Based Funding formula under this | ||||||
| 2 | Section shall be applied to all Organizational Units in | ||||||
| 3 | this State. The Evidence-Based Funding formula outlined in | ||||||
| 4 | this Act is based on the formula outlined in Senate Bill 1 | ||||||
| 5 | of the 100th General Assembly, as passed by both | ||||||
| 6 | legislative chambers. As further defined and described in | ||||||
| 7 | this Section, there are 4 major components of the | ||||||
| 8 | Evidence-Based Funding model: | ||||||
| 9 | (A) First, the model calculates a unique Adequacy | ||||||
| 10 | Target for each Organizational Unit in this State that | ||||||
| 11 | considers the costs to implement research-based | ||||||
| 12 | activities, the unit's student demographics, and | ||||||
| 13 | regional wage differences. | ||||||
| 14 | (B) Second, the model calculates each | ||||||
| 15 | Organizational Unit's Local Capacity, or the amount | ||||||
| 16 | each Organizational Unit is assumed to contribute | ||||||
| 17 | toward its Adequacy Target from local resources. | ||||||
| 18 | (C) Third, the model calculates how much funding | ||||||
| 19 | the State currently contributes to the Organizational | ||||||
| 20 | Unit and adds that to the unit's Local Capacity to | ||||||
| 21 | determine the unit's overall current adequacy of | ||||||
| 22 | funding. | ||||||
| 23 | (D) Finally, the model's distribution method | ||||||
| 24 | allocates new State funding to those Organizational | ||||||
| 25 | Units that are least well-funded, considering both | ||||||
| 26 | Local Capacity and State funding, in relation to their | ||||||
| |||||||
| |||||||
| 1 | Adequacy Target. | ||||||
| 2 | (3) An Organizational Unit receiving any funding under | ||||||
| 3 | this Section may apply those funds to any fund so received | ||||||
| 4 | for which that Organizational Unit is authorized to make | ||||||
| 5 | expenditures by law. | ||||||
| 6 | (4) As used in this Section, the following terms shall | ||||||
| 7 | have the meanings ascribed in this paragraph (4): | ||||||
| 8 | "Adequacy Target" is defined in paragraph (1) of | ||||||
| 9 | subsection (b) of this Section. | ||||||
| 10 | "Adjusted EAV" is defined in paragraph (4) of | ||||||
| 11 | subsection (d) of this Section. | ||||||
| 12 | "Adjusted Local Capacity Target" is defined in | ||||||
| 13 | paragraph (3) of subsection (c) of this Section. | ||||||
| 14 | "Adjusted Operating Tax Rate" means a tax rate for all | ||||||
| 15 | Organizational Units, for which the State Superintendent | ||||||
| 16 | shall calculate and subtract for the Operating Tax Rate a | ||||||
| 17 | transportation rate based on total expenses for | ||||||
| 18 | transportation services under this Code, as reported on | ||||||
| 19 | the most recent Annual Financial Report in Pupil | ||||||
| 20 | Transportation Services, function 2550 in both the | ||||||
| 21 | Education and Transportation funds and functions 4110 and | ||||||
| 22 | 4120 in the Transportation fund, less any corresponding | ||||||
| 23 | fiscal year State of Illinois scheduled payments excluding | ||||||
| 24 | net adjustments for prior years for regular, vocational, | ||||||
| 25 | or special education transportation reimbursement pursuant | ||||||
| 26 | to Section 29-5 or subsection (b) of Section 14-13.01 of | ||||||
| |||||||
| |||||||
| 1 | this Code divided by the Adjusted EAV. If an | ||||||
| 2 | Organizational Unit's corresponding fiscal year State of | ||||||
| 3 | Illinois scheduled payments excluding net adjustments for | ||||||
| 4 | prior years for regular, vocational, or special education | ||||||
| 5 | transportation reimbursement pursuant to Section 29-5 or | ||||||
| 6 | subsection (b) of Section 14-13.01 of this Code exceed the | ||||||
| 7 | total transportation expenses, as defined in this | ||||||
| 8 | paragraph, no transportation rate shall be subtracted from | ||||||
| 9 | the Operating Tax Rate. | ||||||
| 10 | "Allocation Rate" is defined in paragraph (3) of | ||||||
| 11 | subsection (g) of this Section. | ||||||
| 12 | "Alternative School" means a public school that is | ||||||
| 13 | created and operated by a regional superintendent of | ||||||
| 14 | schools and approved by the State Board. | ||||||
| 15 | "Applicable Tax Rate" is defined in paragraph (1) of | ||||||
| 16 | subsection (d) of this Section. | ||||||
| 17 | "Assessment" means any of those benchmark, progress | ||||||
| 18 | monitoring, formative, diagnostic, and other assessments, | ||||||
| 19 | in addition to the State accountability assessment, that | ||||||
| 20 | assist teachers' needs in understanding the skills and | ||||||
| 21 | meeting the needs of the students they serve. | ||||||
| 22 | "Assistant principal" means a school administrator | ||||||
| 23 | duly endorsed to be employed as an assistant principal in | ||||||
| 24 | this State. | ||||||
| 25 | "At-risk student" means a student who is at risk of | ||||||
| 26 | not meeting the Illinois Learning Standards or not | ||||||
| |||||||
| |||||||
| 1 | graduating from elementary or high school and who | ||||||
| 2 | demonstrates a need for vocational support or social | ||||||
| 3 | services beyond that provided by the regular school | ||||||
| 4 | program. All students included in an Organizational Unit's | ||||||
| 5 | Low-Income Count, as well as all English learner and | ||||||
| 6 | disabled students attending the Organizational Unit, shall | ||||||
| 7 | be considered at-risk students under this Section. | ||||||
| 8 | "Average Student Enrollment" or "ASE" for fiscal year | ||||||
| 9 | 2018 means, for an Organizational Unit, the greater of the | ||||||
| 10 | average number of students (grades K through 12) reported | ||||||
| 11 | to the State Board as enrolled in the Organizational Unit | ||||||
| 12 | on October 1 in the immediately preceding school year, | ||||||
| 13 | plus the pre-kindergarten students who receive special | ||||||
| 14 | education services of 2 or more hours a day as reported to | ||||||
| 15 | the State Board on December 1 in the immediately preceding | ||||||
| 16 | school year, or the average number of students (grades K | ||||||
| 17 | through 12) reported to the State Board as enrolled in the | ||||||
| 18 | Organizational Unit on October 1, plus the | ||||||
| 19 | pre-kindergarten students who receive special education | ||||||
| 20 | services of 2 or more hours a day as reported to the State | ||||||
| 21 | Board on December 1, for each of the immediately preceding | ||||||
| 22 | 3 school years. For fiscal year 2019 and each subsequent | ||||||
| 23 | fiscal year, "Average Student Enrollment" or "ASE" means, | ||||||
| 24 | for an Organizational Unit, the greater of the average | ||||||
| 25 | number of students (grades K through 12) reported to the | ||||||
| 26 | State Board as enrolled in the Organizational Unit on | ||||||
| |||||||
| |||||||
| 1 | October 1 and March 1 in the immediately preceding school | ||||||
| 2 | year, plus the pre-kindergarten students who receive | ||||||
| 3 | special education services as reported to the State Board | ||||||
| 4 | on October 1 and March 1 in the immediately preceding | ||||||
| 5 | school year, or the average number of students (grades K | ||||||
| 6 | through 12) reported to the State Board as enrolled in the | ||||||
| 7 | Organizational Unit on October 1 and March 1, plus the | ||||||
| 8 | pre-kindergarten students who receive special education | ||||||
| 9 | services as reported to the State Board on October 1 and | ||||||
| 10 | March 1, for each of the immediately preceding 3 school | ||||||
| 11 | years. For the purposes of this definition, "enrolled in | ||||||
| 12 | the Organizational Unit" means the number of students | ||||||
| 13 | reported to the State Board who are enrolled in schools | ||||||
| 14 | within the Organizational Unit that the student attends or | ||||||
| 15 | would attend if not placed or transferred to another | ||||||
| 16 | school or program to receive needed services. For the | ||||||
| 17 | purposes of calculating "ASE", all students, grades K | ||||||
| 18 | through 12, excluding those attending kindergarten for a | ||||||
| 19 | half day and students attending an alternative education | ||||||
| 20 | program operated by a regional office of education or | ||||||
| 21 | intermediate service center, shall be counted as 1.0. All | ||||||
| 22 | students attending kindergarten for a half day shall be | ||||||
| 23 | counted as 0.5, unless in 2017 by June 15 or by March 1 in | ||||||
| 24 | subsequent years, the school district reports to the State | ||||||
| 25 | Board of Education the intent to implement full-day | ||||||
| 26 | kindergarten district-wide for all students, then all | ||||||
| |||||||
| |||||||
| 1 | students attending kindergarten shall be counted as 1.0. | ||||||
| 2 | Special education pre-kindergarten students shall be | ||||||
| 3 | counted as 0.5 each. If the State Board does not collect or | ||||||
| 4 | has not collected both an October 1 and March 1 enrollment | ||||||
| 5 | count by grade or a December 1 collection of special | ||||||
| 6 | education pre-kindergarten students as of August 31, 2017 | ||||||
| 7 | (the effective date of Public Act 100-465), it shall | ||||||
| 8 | establish such collection for all future years. For any | ||||||
| 9 | year in which a count by grade level was collected only | ||||||
| 10 | once, that count shall be used as the single count | ||||||
| 11 | available for computing a 3-year average ASE. Funding for | ||||||
| 12 | programs operated by a regional office of education or an | ||||||
| 13 | intermediate service center must be calculated using the | ||||||
| 14 | Evidence-Based Funding formula under this Section for the | ||||||
| 15 | 2019-2020 school year and each subsequent school year | ||||||
| 16 | until separate adequacy formulas are developed and adopted | ||||||
| 17 | for each type of program. ASE for a program operated by a | ||||||
| 18 | regional office of education or an intermediate service | ||||||
| 19 | center must be determined by the March 1 enrollment for | ||||||
| 20 | the program. For the 2019-2020 school year, the ASE used | ||||||
| 21 | in the calculation must be the first-year ASE and, in that | ||||||
| 22 | year only, the assignment of students served by a regional | ||||||
| 23 | office of education or intermediate service center shall | ||||||
| 24 | not result in a reduction of the March enrollment for any | ||||||
| 25 | school district. For the 2020-2021 school year, the ASE | ||||||
| 26 | must be the greater of the current-year ASE or the 2-year | ||||||
| |||||||
| |||||||
| 1 | average ASE. Beginning with the 2021-2022 school year, the | ||||||
| 2 | ASE must be the greater of the current-year ASE or the | ||||||
| 3 | 3-year average ASE. School districts shall submit the data | ||||||
| 4 | for the ASE calculation to the State Board within 45 days | ||||||
| 5 | of the dates required in this Section for submission of | ||||||
| 6 | enrollment data in order for it to be included in the ASE | ||||||
| 7 | calculation. For fiscal year 2018 only, the ASE | ||||||
| 8 | calculation shall include only enrollment taken on October | ||||||
| 9 | 1. In recognition of the impact of COVID-19, the | ||||||
| 10 | definition of "Average Student Enrollment" or "ASE" shall | ||||||
| 11 | be adjusted for calculations under this Section for fiscal | ||||||
| 12 | years 2022 through 2024. For fiscal years 2022 through | ||||||
| 13 | 2024, the enrollment used in the calculation of ASE | ||||||
| 14 | representing the 2020-2021 school year shall be the | ||||||
| 15 | greater of the enrollment for the 2020-2021 school year or | ||||||
| 16 | the 2019-2020 school year. | ||||||
| 17 | "Base Funding Guarantee" is defined in paragraph (10) | ||||||
| 18 | of subsection (g) of this Section. | ||||||
| 19 | "Base Funding Minimum" is defined in subsection (e) of | ||||||
| 20 | this Section. | ||||||
| 21 | "Base Tax Year" means the property tax levy year used | ||||||
| 22 | to calculate the Budget Year allocation of primary State | ||||||
| 23 | aid. | ||||||
| 24 | "Base Tax Year's Extension" means the product of the | ||||||
| 25 | equalized assessed valuation utilized by the county clerk | ||||||
| 26 | in the Base Tax Year multiplied by the limiting rate as | ||||||
| |||||||
| |||||||
| 1 | calculated by the county clerk and defined in PTELL. | ||||||
| 2 | "Bilingual Education Allocation" means the amount of | ||||||
| 3 | an Organizational Unit's final Adequacy Target | ||||||
| 4 | attributable to bilingual education divided by the | ||||||
| 5 | Organizational Unit's final Adequacy Target, the product | ||||||
| 6 | of which shall be multiplied by the amount of new funding | ||||||
| 7 | received pursuant to this Section. An Organizational | ||||||
| 8 | Unit's final Adequacy Target attributable to bilingual | ||||||
| 9 | education shall include all additional investments in | ||||||
| 10 | English learner students' adequacy elements. | ||||||
| 11 | "Budget Year" means the school year for which primary | ||||||
| 12 | State aid is calculated and awarded under this Section. | ||||||
| 13 | "Central office" means individual administrators and | ||||||
| 14 | support service personnel charged with managing the | ||||||
| 15 | instructional programs, business and operations, and | ||||||
| 16 | security of the Organizational Unit. | ||||||
| 17 | "Comparable Wage Index" or "CWI" means a regional cost | ||||||
| 18 | differentiation metric that measures systemic, regional | ||||||
| 19 | variations in the salaries of college graduates who are | ||||||
| 20 | not educators. The CWI utilized for this Section shall, | ||||||
| 21 | for the first 3 years of Evidence-Based Funding | ||||||
| 22 | implementation, be the CWI initially developed by the | ||||||
| 23 | National Center for Education Statistics, as most recently | ||||||
| 24 | updated by Texas A & M University. In the fourth and | ||||||
| 25 | subsequent years of Evidence-Based Funding implementation, | ||||||
| 26 | the State Superintendent shall re-determine the CWI using | ||||||
| |||||||
| |||||||
| 1 | a similar methodology to that identified in the Texas A & M | ||||||
| 2 | University study, with adjustments made no less frequently | ||||||
| 3 | than once every 5 years. | ||||||
| 4 | "Computer technology and equipment" means computers | ||||||
| 5 | servers, notebooks, network equipment, copiers, printers, | ||||||
| 6 | instructional software, security software, curriculum | ||||||
| 7 | management courseware, and other similar materials and | ||||||
| 8 | equipment. | ||||||
| 9 | "Computer technology and equipment investment | ||||||
| 10 | allocation" means the final Adequacy Target amount of an | ||||||
| 11 | Organizational Unit assigned to Tier 1 or Tier 2 in the | ||||||
| 12 | prior school year attributable to the additional $285.50 | ||||||
| 13 | per student computer technology and equipment investment | ||||||
| 14 | grant divided by the Organizational Unit's final Adequacy | ||||||
| 15 | Target, the result of which shall be multiplied by the | ||||||
| 16 | amount of new funding received pursuant to this Section. | ||||||
| 17 | An Organizational Unit assigned to a Tier 1 or Tier 2 final | ||||||
| 18 | Adequacy Target attributable to the received computer | ||||||
| 19 | technology and equipment investment grant shall include | ||||||
| 20 | all additional investments in computer technology and | ||||||
| 21 | equipment adequacy elements. | ||||||
| 22 | "Core subject" means mathematics; science; reading, | ||||||
| 23 | English, writing, and language arts; history and social | ||||||
| 24 | studies; world languages; and subjects taught as Advanced | ||||||
| 25 | Placement in high schools. | ||||||
| 26 | "Core teacher" means a regular classroom teacher in | ||||||
| |||||||
| |||||||
| 1 | elementary schools and teachers of a core subject in | ||||||
| 2 | middle and high schools. | ||||||
| 3 | "Core Intervention teacher (tutor)" means a licensed | ||||||
| 4 | teacher providing one-on-one or small group tutoring to | ||||||
| 5 | students struggling to meet proficiency in core subjects. | ||||||
| 6 | "CPPRT" means corporate personal property replacement | ||||||
| 7 | tax funds paid to an Organizational Unit during the | ||||||
| 8 | calendar year one year before the calendar year in which a | ||||||
| 9 | school year begins, pursuant to "An Act in relation to the | ||||||
| 10 | abolition of ad valorem personal property tax and the | ||||||
| 11 | replacement of revenues lost thereby, and amending and | ||||||
| 12 | repealing certain Acts and parts of Acts in connection | ||||||
| 13 | therewith", certified August 14, 1979, as amended (Public | ||||||
| 14 | Act 81-1st S.S.-1). | ||||||
| 15 | "EAV" means equalized assessed valuation as defined in | ||||||
| 16 | paragraph (2) of subsection (d) of this Section and | ||||||
| 17 | calculated in accordance with paragraph (3) of subsection | ||||||
| 18 | (d) of this Section. | ||||||
| 19 | "ECI" means the Bureau of Labor Statistics' national | ||||||
| 20 | employment cost index for civilian workers in educational | ||||||
| 21 | services in elementary and secondary schools on a | ||||||
| 22 | cumulative basis for the 12-month calendar year preceding | ||||||
| 23 | the fiscal year of the Evidence-Based Funding calculation. | ||||||
| 24 | "EIS Data" means the employment information system | ||||||
| 25 | data maintained by the State Board on educators within | ||||||
| 26 | Organizational Units. | ||||||
| |||||||
| |||||||
| 1 | "Employee benefits" means health, dental, and vision | ||||||
| 2 | insurance offered to employees of an Organizational Unit, | ||||||
| 3 | the costs associated with the statutorily required payment | ||||||
| 4 | of the normal cost of the Organizational Unit's teacher | ||||||
| 5 | pensions, Social Security employer contributions, and | ||||||
| 6 | Illinois Municipal Retirement Fund employer contributions. | ||||||
| 7 | "English learner" or "EL" means a child included in | ||||||
| 8 | the definition of "English learners" under Section 14C-2 | ||||||
| 9 | of this Code participating in a program of transitional | ||||||
| 10 | bilingual education or a transitional program of | ||||||
| 11 | instruction meeting the requirements and program | ||||||
| 12 | application procedures of Article 14C of this Code. For | ||||||
| 13 | the purposes of collecting the number of EL students | ||||||
| 14 | enrolled, the same collection and calculation methodology | ||||||
| 15 | as defined above for "ASE" shall apply to English | ||||||
| 16 | learners, with the exception that EL student enrollment | ||||||
| 17 | shall include students in grades pre-kindergarten through | ||||||
| 18 | 12. | ||||||
| 19 | "Essential Elements" means those elements, resources, | ||||||
| 20 | and educational programs that have been identified through | ||||||
| 21 | academic research as necessary to improve student success, | ||||||
| 22 | improve academic performance, close achievement gaps, and | ||||||
| 23 | provide for other per student costs related to the | ||||||
| 24 | delivery and leadership of the Organizational Unit, as | ||||||
| 25 | well as the maintenance and operations of the unit, and | ||||||
| 26 | which are specified in paragraph (2) of subsection (b) of | ||||||
| |||||||
| |||||||
| 1 | this Section. | ||||||
| 2 | "Evidence-Based Funding" means State funding provided | ||||||
| 3 | to an Organizational Unit pursuant to this Section. | ||||||
| 4 | "Extended day" means academic and enrichment programs | ||||||
| 5 | provided to students outside the regular school day before | ||||||
| 6 | and after school or during non-instructional times during | ||||||
| 7 | the school day. | ||||||
| 8 | "Extension Limitation Ratio" means a numerical ratio | ||||||
| 9 | in which the numerator is the Base Tax Year's Extension | ||||||
| 10 | and the denominator is the Preceding Tax Year's Extension. | ||||||
| 11 | "Final Percent of Adequacy" is defined in paragraph | ||||||
| 12 | (4) of subsection (f) of this Section. | ||||||
| 13 | "Final Resources" is defined in paragraph (3) of | ||||||
| 14 | subsection (f) of this Section. | ||||||
| 15 | "Full-time equivalent" or "FTE" means the full-time | ||||||
| 16 | equivalency compensation for staffing the relevant | ||||||
| 17 | position at an Organizational Unit. | ||||||
| 18 | "Funding Gap" is defined in paragraph (1) of | ||||||
| 19 | subsection (g). | ||||||
| 20 | "Hybrid District" means a partial elementary unit | ||||||
| 21 | district created pursuant to Article 11E of this Code. | ||||||
| 22 | "Instructional assistant" means a core or special | ||||||
| 23 | education, non-licensed employee who assists a teacher in | ||||||
| 24 | the classroom and provides academic support to students. | ||||||
| 25 | "Instructional facilitator" means a qualified teacher | ||||||
| 26 | or licensed teacher leader who facilitates and coaches | ||||||
| |||||||
| |||||||
| 1 | continuous improvement in classroom instruction; provides | ||||||
| 2 | instructional support to teachers in the elements of | ||||||
| 3 | research-based instruction or demonstrates the alignment | ||||||
| 4 | of instruction with curriculum standards and assessment | ||||||
| 5 | tools; develops or coordinates instructional programs or | ||||||
| 6 | strategies; develops and implements training; chooses | ||||||
| 7 | standards-based instructional materials; provides | ||||||
| 8 | teachers with an understanding of current research; serves | ||||||
| 9 | as a mentor, site coach, curriculum specialist, or lead | ||||||
| 10 | teacher; or otherwise works with fellow teachers, in | ||||||
| 11 | collaboration, to use data to improve instructional | ||||||
| 12 | practice or develop model lessons. | ||||||
| 13 | "Instructional materials" means relevant | ||||||
| 14 | instructional materials for student instruction, | ||||||
| 15 | including, but not limited to, textbooks, consumable | ||||||
| 16 | workbooks, laboratory equipment, library books, and other | ||||||
| 17 | similar materials. | ||||||
| 18 | "Laboratory School" means a public school that is | ||||||
| 19 | created and operated by a public university and approved | ||||||
| 20 | by the State Board. | ||||||
| 21 | "Librarian" means a teacher with an endorsement as a | ||||||
| 22 | library information specialist or another individual whose | ||||||
| 23 | primary responsibility is overseeing library resources | ||||||
| 24 | within an Organizational Unit. | ||||||
| 25 | "Limiting rate for Hybrid Districts" means the | ||||||
| 26 | combined elementary school and high school limiting rates. | ||||||
| |||||||
| |||||||
| 1 | "Local Capacity" is defined in paragraph (1) of | ||||||
| 2 | subsection (c) of this Section. | ||||||
| 3 | "Local Capacity Percentage" is defined in subparagraph | ||||||
| 4 | (A) of paragraph (2) of subsection (c) of this Section. | ||||||
| 5 | "Local Capacity Ratio" is defined in subparagraph (B) | ||||||
| 6 | of paragraph (2) of subsection (c) of this Section. | ||||||
| 7 | "Local Capacity Target" is defined in paragraph (2) of | ||||||
| 8 | subsection (c) of this Section. | ||||||
| 9 | "Low-Income Count" means, for an Organizational Unit | ||||||
| 10 | in a fiscal year, the higher of the average number of | ||||||
| 11 | students for the prior school year or the immediately | ||||||
| 12 | preceding 3 school years who, as of July 1 of the | ||||||
| 13 | immediately preceding fiscal year (as determined by the | ||||||
| 14 | Department of Human Services), are eligible for at least | ||||||
| 15 | one of the following low-income programs: Medicaid, the | ||||||
| 16 | Children's Health Insurance Program, Temporary Assistance | ||||||
| 17 | for Needy Families (TANF), or the Supplemental Nutrition | ||||||
| 18 | Assistance Program, excluding pupils who are eligible for | ||||||
| 19 | services provided by the Department of Children and Family | ||||||
| 20 | Services. Until such time that grade level low-income | ||||||
| 21 | populations become available, grade level low-income | ||||||
| 22 | populations shall be determined by applying the low-income | ||||||
| 23 | percentage to total student enrollments by grade level. | ||||||
| 24 | The low-income percentage is determined by dividing the | ||||||
| 25 | Low-Income Count by the Average Student Enrollment. The | ||||||
| 26 | low-income percentage for a regional office of education | ||||||
| |||||||
| |||||||
| 1 | or an intermediate service center operating one or more | ||||||
| 2 | alternative education programs must be set to the weighted | ||||||
| 3 | average of the low-income percentages of all of the school | ||||||
| 4 | districts in the service region. The weighted low-income | ||||||
| 5 | percentage is the result of multiplying the low-income | ||||||
| 6 | percentage of each school district served by the regional | ||||||
| 7 | office of education or intermediate service center by each | ||||||
| 8 | school district's Average Student Enrollment, summarizing | ||||||
| 9 | those products and dividing the total by the total Average | ||||||
| 10 | Student Enrollment for the service region. | ||||||
| 11 | "Maintenance and operations" means custodial services, | ||||||
| 12 | facility and ground maintenance, facility operations, | ||||||
| 13 | facility security, routine facility repairs, and other | ||||||
| 14 | similar services and functions. | ||||||
| 15 | "Minimum Funding Level" is defined in paragraph (9) of | ||||||
| 16 | subsection (g) of this Section. | ||||||
| 17 | "New Property Tax Relief Pool Funds" means, for any | ||||||
| 18 | given fiscal year, all State funds appropriated under | ||||||
| 19 | Section 2-3.170 of this Code. | ||||||
| 20 | "New State Funds" means, for a given school year, all | ||||||
| 21 | State funds appropriated for Evidence-Based Funding in | ||||||
| 22 | excess of the amount needed to fund the Base Funding | ||||||
| 23 | Minimum for all Organizational Units in that school year. | ||||||
| 24 | "Nurse" means an individual licensed as a certified | ||||||
| 25 | school nurse, in accordance with the rules established for | ||||||
| 26 | nursing services by the State Board, who is an employee of | ||||||
| |||||||
| |||||||
| 1 | and is available to provide health care-related services | ||||||
| 2 | for students of an Organizational Unit. | ||||||
| 3 | "Operating Tax Rate" means the rate 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 | For Hybrid Districts, the Operating Tax Rate shall be the | ||||||
| 8 | combined elementary and high school rates utilized in the | ||||||
| 9 | previous year to extend property taxes for all purposes, | ||||||
| 10 | except Bond and Interest, Summer School, Rent, Capital | ||||||
| 11 | Improvement, and Vocational Education Building purposes. | ||||||
| 12 | "Organizational Unit" means a Laboratory School or any | ||||||
| 13 | public school district that is recognized as such by the | ||||||
| 14 | State Board and that contains elementary schools typically | ||||||
| 15 | serving kindergarten through 5th grades, middle schools | ||||||
| 16 | typically serving 6th through 8th grades, high schools | ||||||
| 17 | typically serving 9th through 12th grades, a program | ||||||
| 18 | established under Section 2-3.66 or 2-3.41, or a program | ||||||
| 19 | operated by a regional office of education or an | ||||||
| 20 | intermediate service center under Article 13A or 13B. The | ||||||
| 21 | General Assembly acknowledges that the actual grade levels | ||||||
| 22 | served by a particular Organizational Unit may vary | ||||||
| 23 | slightly from what is typical. | ||||||
| 24 | "Organizational Unit CWI" is determined by calculating | ||||||
| 25 | the CWI in the region and original county in which an | ||||||
| 26 | Organizational Unit's primary administrative office is | ||||||
| |||||||
| |||||||
| 1 | located as set forth in this paragraph, provided that if | ||||||
| 2 | the Organizational Unit CWI as calculated in accordance | ||||||
| 3 | with this paragraph is less than 0.9, the Organizational | ||||||
| 4 | Unit CWI shall be increased to 0.9. Each county's current | ||||||
| 5 | CWI value shall be adjusted based on the CWI value of that | ||||||
| 6 | county's neighboring Illinois counties, to create a | ||||||
| 7 | "weighted adjusted index value". This shall be calculated | ||||||
| 8 | by summing the CWI values of all of a county's adjacent | ||||||
| 9 | Illinois counties and dividing by the number of adjacent | ||||||
| 10 | Illinois counties, then taking the weighted value of the | ||||||
| 11 | original county's CWI value and the adjacent Illinois | ||||||
| 12 | county average. To calculate this weighted value, if the | ||||||
| 13 | number of adjacent Illinois counties is greater than 2, | ||||||
| 14 | the original county's CWI value will be weighted at 0.25 | ||||||
| 15 | and the adjacent Illinois county average will be weighted | ||||||
| 16 | at 0.75. If the number of adjacent Illinois counties is 2, | ||||||
| 17 | the original county's CWI value will be weighted at 0.33 | ||||||
| 18 | and the adjacent Illinois county average will be weighted | ||||||
| 19 | at 0.66. The greater of the county's current CWI value and | ||||||
| 20 | its weighted adjusted index value shall be used as the | ||||||
| 21 | Organizational Unit CWI. | ||||||
| 22 | "Preceding Tax Year" means the property tax levy year | ||||||
| 23 | immediately preceding the Base Tax Year. | ||||||
| 24 | "Preceding Tax Year's Extension" means the product of | ||||||
| 25 | the equalized assessed valuation utilized by the county | ||||||
| 26 | clerk in the Preceding Tax Year multiplied by the | ||||||
| |||||||
| |||||||
| 1 | Operating Tax Rate. | ||||||
| 2 | "Preliminary Percent of Adequacy" is defined in | ||||||
| 3 | paragraph (2) of subsection (f) of this Section. | ||||||
| 4 | "Preliminary Resources" is defined in paragraph (2) of | ||||||
| 5 | subsection (f) of this Section. | ||||||
| 6 | "Principal" means a school administrator duly endorsed | ||||||
| 7 | to be employed as a principal in this State. | ||||||
| 8 | "Professional development" means training programs for | ||||||
| 9 | licensed staff in schools, including, but not limited to, | ||||||
| 10 | programs that assist in implementing new curriculum | ||||||
| 11 | programs, provide data focused or academic assessment data | ||||||
| 12 | training to help staff identify a student's weaknesses and | ||||||
| 13 | strengths, target interventions, improve instruction, | ||||||
| 14 | encompass instructional strategies for English learner, | ||||||
| 15 | gifted, or at-risk students, address inclusivity, cultural | ||||||
| 16 | sensitivity, or implicit bias, or otherwise provide | ||||||
| 17 | professional support for licensed staff. | ||||||
| 18 | "Prototypical" means 450 special education | ||||||
| 19 | pre-kindergarten and kindergarten through grade 5 students | ||||||
| 20 | for an elementary school, 450 grade 6 through 8 students | ||||||
| 21 | for a middle school, and 600 grade 9 through 12 students | ||||||
| 22 | for a high school. | ||||||
| 23 | "PTELL" means the Property Tax Extension Limitation | ||||||
| 24 | Law. | ||||||
| 25 | "PTELL EAV" is defined in paragraph (4) of subsection | ||||||
| 26 | (d) of this Section. | ||||||
| |||||||
| |||||||
| 1 | "Pupil support staff" means a nurse, psychologist, | ||||||
| 2 | social worker, family liaison personnel, or other staff | ||||||
| 3 | member who provides support to at-risk or struggling | ||||||
| 4 | students. | ||||||
| 5 | "Real Receipts" is defined in paragraph (1) of | ||||||
| 6 | subsection (d) of this Section. | ||||||
| 7 | "Regionalization Factor" means, for a particular | ||||||
| 8 | Organizational Unit, the figure derived by dividing the | ||||||
| 9 | Organizational Unit CWI by the Statewide Weighted CWI. | ||||||
| 10 | "School counselor" means a licensed school counselor | ||||||
| 11 | who provides guidance and counseling support for students | ||||||
| 12 | within an Organizational Unit. | ||||||
| 13 | "School site staff" means the primary school secretary | ||||||
| 14 | and any additional clerical personnel assigned to a | ||||||
| 15 | school. | ||||||
| 16 | "Special education" means special educational | ||||||
| 17 | facilities and services, as defined in Section 14-1.08 of | ||||||
| 18 | this Code. | ||||||
| 19 | "Special Education Allocation" means the amount of an | ||||||
| 20 | Organizational Unit's final Adequacy Target attributable | ||||||
| 21 | to special education divided by the Organizational Unit's | ||||||
| 22 | final Adequacy Target, the product of which shall be | ||||||
| 23 | multiplied by the amount of new funding received pursuant | ||||||
| 24 | to this Section. An Organizational Unit's final Adequacy | ||||||
| 25 | Target attributable to special education shall include all | ||||||
| 26 | special education investment adequacy elements. | ||||||
| |||||||
| |||||||
| 1 | "Specialist teacher" means a teacher who provides | ||||||
| 2 | instruction in subject areas not included in core | ||||||
| 3 | subjects, including, but not limited to, art, music, | ||||||
| 4 | physical education, health, driver education, | ||||||
| 5 | career-technical education, and such other subject areas | ||||||
| 6 | as may be mandated by State law or provided by an | ||||||
| 7 | Organizational Unit. | ||||||
| 8 | "Specially Funded Unit" means an Alternative School, | ||||||
| 9 | safe school, Department of Juvenile Justice school, | ||||||
| 10 | special education cooperative or entity recognized by the | ||||||
| 11 | State Board as a special education cooperative, | ||||||
| 12 | State-approved charter school, or alternative learning | ||||||
| 13 | opportunities program that received direct funding from | ||||||
| 14 | the State Board during the 2016-2017 school year through | ||||||
| 15 | any of the funding sources included within the calculation | ||||||
| 16 | of the Base Funding Minimum or Glenwood Academy. | ||||||
| 17 | "Supplemental Grant Funding" means supplemental | ||||||
| 18 | general State aid funding received by an Organizational | ||||||
| 19 | Unit during the 2016-2017 school year pursuant to | ||||||
| 20 | subsection (H) of Section 18-8.05 of this Code (now | ||||||
| 21 | repealed). | ||||||
| 22 | "State Adequacy Level" is the sum of the Adequacy | ||||||
| 23 | Targets of all Organizational Units. | ||||||
| 24 | "State Board" means the State Board of Education. | ||||||
| 25 | "State Superintendent" means the State Superintendent | ||||||
| 26 | of Education. | ||||||
| |||||||
| |||||||
| 1 | "Statewide Weighted CWI" means a figure determined by | ||||||
| 2 | multiplying each Organizational Unit CWI times the ASE for | ||||||
| 3 | that Organizational Unit creating a weighted value, | ||||||
| 4 | summing all Organizational Units' weighted values, and | ||||||
| 5 | dividing by the total ASE of all Organizational Units, | ||||||
| 6 | thereby creating an average weighted index. | ||||||
| 7 | "Student activities" means non-credit producing | ||||||
| 8 | after-school programs, including, but not limited to, | ||||||
| 9 | clubs, bands, sports, and other activities authorized by | ||||||
| 10 | the school board of the Organizational Unit. | ||||||
| 11 | "Substitute teacher" means an individual teacher or | ||||||
| 12 | teaching assistant who is employed by an Organizational | ||||||
| 13 | Unit and is temporarily serving the Organizational Unit on | ||||||
| 14 | a per diem or per period-assignment basis to replace | ||||||
| 15 | another staff member. | ||||||
| 16 | "Summer school" means academic and enrichment programs | ||||||
| 17 | provided to students during the summer months outside of | ||||||
| 18 | the regular school year. | ||||||
| 19 | "Supervisory aide" means a non-licensed staff member | ||||||
| 20 | who helps in supervising students of an Organizational | ||||||
| 21 | Unit, but does so outside of the classroom, in situations | ||||||
| 22 | such as, but not limited to, monitoring hallways and | ||||||
| 23 | playgrounds, supervising lunchrooms, or supervising | ||||||
| 24 | students when being transported in buses serving the | ||||||
| 25 | Organizational Unit. | ||||||
| 26 | "Target Ratio" is defined in paragraph (4) of | ||||||
| |||||||
| |||||||
| 1 | subsection (g). | ||||||
| 2 | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined | ||||||
| 3 | in paragraph (3) of subsection (g). | ||||||
| 4 | "Tier 1 Aggregate Funding", "Tier 2 Aggregate | ||||||
| 5 | Funding", "Tier 3 Aggregate Funding", and "Tier 4 | ||||||
| 6 | Aggregate Funding" are defined in paragraph (1) of | ||||||
| 7 | subsection (g). | ||||||
| 8 | (b) Adequacy Target calculation. | ||||||
| 9 | (1) Each Organizational Unit's Adequacy Target is the | ||||||
| 10 | sum of the Organizational Unit's cost of providing | ||||||
| 11 | Essential Elements, as calculated in accordance with this | ||||||
| 12 | subsection (b), with the salary amounts in the Essential | ||||||
| 13 | Elements multiplied by a Regionalization Factor calculated | ||||||
| 14 | pursuant to paragraph (3) of this subsection (b). | ||||||
| 15 | (2) The Essential Elements are attributable on a pro | ||||||
| 16 | rata basis related to defined subgroups of the ASE of each | ||||||
| 17 | Organizational Unit as specified in this paragraph (2), | ||||||
| 18 | with investments and FTE positions pro rata funded based | ||||||
| 19 | on ASE counts in excess of or less than the thresholds set | ||||||
| 20 | forth in this paragraph (2). The method for calculating | ||||||
| 21 | attributable pro rata costs and the defined subgroups | ||||||
| 22 | thereto are as follows: | ||||||
| 23 | (A) Core class size investments. Each | ||||||
| 24 | Organizational Unit shall receive the funding required | ||||||
| 25 | to support that number of FTE core teacher positions | ||||||
| 26 | as is needed to keep the respective class sizes of the | ||||||
| |||||||
| |||||||
| 1 | Organizational Unit to the following maximum numbers: | ||||||
| 2 | (i) For grades kindergarten through 3, the | ||||||
| 3 | Organizational Unit shall receive funding required | ||||||
| 4 | to support one FTE core teacher position for every | ||||||
| 5 | 15 Low-Income Count students in those grades and | ||||||
| 6 | one FTE core teacher position for every 20 | ||||||
| 7 | non-Low-Income Count students in those grades. | ||||||
| 8 | (ii) For grades 4 through 12, the | ||||||
| 9 | Organizational Unit shall receive funding required | ||||||
| 10 | to support one FTE core teacher position for every | ||||||
| 11 | 20 Low-Income Count students in those grades and | ||||||
| 12 | one FTE core teacher position for every 25 | ||||||
| 13 | non-Low-Income Count students in those grades. | ||||||
| 14 | The number of non-Low-Income Count students in a | ||||||
| 15 | grade shall be determined by subtracting the | ||||||
| 16 | Low-Income students in that grade from the ASE of the | ||||||
| 17 | Organizational Unit for that grade. | ||||||
| 18 | (B) Specialist teacher investments. Each | ||||||
| 19 | Organizational Unit shall receive the funding needed | ||||||
| 20 | to cover that number of FTE specialist teacher | ||||||
| 21 | positions that correspond to the following | ||||||
| 22 | percentages: | ||||||
| 23 | (i) if the Organizational Unit operates an | ||||||
| 24 | elementary or middle school, then 20.00% of the | ||||||
| 25 | number of the Organizational Unit's core teachers, | ||||||
| 26 | as determined under subparagraph (A) of this | ||||||
| |||||||
| |||||||
| 1 | paragraph (2); and | ||||||
| 2 | (ii) if such Organizational Unit operates a | ||||||
| 3 | high school, then 33.33% of the number of the | ||||||
| 4 | Organizational Unit's core teachers. | ||||||
| 5 | (C) Instructional facilitator investments. Each | ||||||
| 6 | Organizational Unit shall receive the funding needed | ||||||
| 7 | to cover one FTE instructional facilitator position | ||||||
| 8 | for every 200 combined ASE of pre-kindergarten | ||||||
| 9 | children with disabilities and all kindergarten | ||||||
| 10 | through grade 12 students of the Organizational Unit. | ||||||
| 11 | (D) Core intervention teacher (tutor) investments. | ||||||
| 12 | Each Organizational Unit shall receive the funding | ||||||
| 13 | needed to cover one FTE teacher position for each | ||||||
| 14 | prototypical elementary, middle, and high school. | ||||||
| 15 | (E) Substitute teacher investments. Each | ||||||
| 16 | Organizational Unit shall receive the funding needed | ||||||
| 17 | to cover substitute teacher costs that is equal to | ||||||
| 18 | 5.70% of the minimum pupil attendance days required | ||||||
| 19 | under Section 10-19 of this Code for all full-time | ||||||
| 20 | equivalent core, specialist, and intervention | ||||||
| 21 | teachers, school nurses, special education teachers | ||||||
| 22 | and instructional assistants, instructional | ||||||
| 23 | facilitators, and summer school and extended day | ||||||
| 24 | teacher positions, as determined under this paragraph | ||||||
| 25 | (2), at a salary rate of 33.33% of the average salary | ||||||
| 26 | for grade K through 12 teachers and 33.33% of the | ||||||
| |||||||
| |||||||
| 1 | average salary of each instructional assistant | ||||||
| 2 | position. | ||||||
| 3 | (F) Core school counselor investments. Each | ||||||
| 4 | Organizational Unit shall receive the funding needed | ||||||
| 5 | to cover one FTE school counselor for each 450 | ||||||
| 6 | combined ASE of pre-kindergarten children with | ||||||
| 7 | disabilities and all kindergarten through grade 5 | ||||||
| 8 | students, plus one FTE school counselor for each 250 | ||||||
| 9 | grades 6 through 8 ASE middle school students, plus | ||||||
| 10 | one FTE school counselor for each 250 grades 9 through | ||||||
| 11 | 12 ASE high school students. | ||||||
| 12 | (G) Nurse investments. Each Organizational Unit | ||||||
| 13 | shall receive the funding needed to cover one FTE | ||||||
| 14 | nurse for each 750 combined ASE of pre-kindergarten | ||||||
| 15 | children with disabilities and all kindergarten | ||||||
| 16 | through grade 12 students across all grade levels it | ||||||
| 17 | serves. | ||||||
| 18 | (H) Supervisory aide investments. Each | ||||||
| 19 | Organizational Unit shall receive the funding needed | ||||||
| 20 | to cover one FTE for each 225 combined ASE of | ||||||
| 21 | pre-kindergarten children with disabilities and all | ||||||
| 22 | kindergarten through grade 5 students, plus one FTE | ||||||
| 23 | for each 225 ASE middle school students, plus one FTE | ||||||
| 24 | for each 200 ASE high school students. | ||||||
| 25 | (I) Librarian investments. Each Organizational | ||||||
| 26 | Unit shall receive the funding needed to cover one FTE | ||||||
| |||||||
| |||||||
| 1 | librarian for each prototypical elementary school, | ||||||
| 2 | middle school, and high school and one FTE aide or | ||||||
| 3 | media technician for every 300 combined ASE of | ||||||
| 4 | pre-kindergarten children with disabilities and all | ||||||
| 5 | kindergarten through grade 12 students. | ||||||
| 6 | (J) Principal investments. Each Organizational | ||||||
| 7 | Unit shall receive the funding needed to cover one FTE | ||||||
| 8 | principal position for each prototypical elementary | ||||||
| 9 | school, plus one FTE principal position for each | ||||||
| 10 | prototypical middle school, plus one FTE principal | ||||||
| 11 | position for each prototypical high school. | ||||||
| 12 | (K) Assistant principal investments. Each | ||||||
| 13 | Organizational Unit shall receive the funding needed | ||||||
| 14 | to cover one FTE assistant principal position for each | ||||||
| 15 | prototypical elementary school, plus one FTE assistant | ||||||
| 16 | principal position for each prototypical middle | ||||||
| 17 | school, plus one FTE assistant principal position for | ||||||
| 18 | each prototypical high school. | ||||||
| 19 | (L) School site staff investments. Each | ||||||
| 20 | Organizational Unit shall receive the funding needed | ||||||
| 21 | for one FTE position for each 225 ASE of | ||||||
| 22 | pre-kindergarten children with disabilities and all | ||||||
| 23 | kindergarten through grade 5 students, plus one FTE | ||||||
| 24 | position for each 225 ASE middle school students, plus | ||||||
| 25 | one FTE position for each 200 ASE high school | ||||||
| 26 | students. | ||||||
| |||||||
| |||||||
| 1 | (M) Gifted investments. Each Organizational Unit | ||||||
| 2 | shall receive $40 per kindergarten through grade 12 | ||||||
| 3 | ASE. | ||||||
| 4 | (N) Professional development investments. Each | ||||||
| 5 | Organizational Unit shall receive $125 per student of | ||||||
| 6 | the combined ASE of pre-kindergarten children with | ||||||
| 7 | disabilities and all kindergarten through grade 12 | ||||||
| 8 | students for trainers and other professional | ||||||
| 9 | development-related expenses for supplies and | ||||||
| 10 | materials. | ||||||
| 11 | (O) Instructional material investments. Each | ||||||
| 12 | Organizational Unit shall receive $190 per student of | ||||||
| 13 | the combined ASE of pre-kindergarten children with | ||||||
| 14 | disabilities and all kindergarten through grade 12 | ||||||
| 15 | students to cover instructional material costs. | ||||||
| 16 | (P) Assessment investments. Each Organizational | ||||||
| 17 | Unit shall receive $25 per student of the combined ASE | ||||||
| 18 | of pre-kindergarten children with disabilities and all | ||||||
| 19 | kindergarten through grade 12 students to cover | ||||||
| 20 | assessment costs. | ||||||
| 21 | (Q) Computer technology and equipment investments. | ||||||
| 22 | Each Organizational Unit shall receive $285.50 per | ||||||
| 23 | student of the combined ASE of pre-kindergarten | ||||||
| 24 | children with disabilities and all kindergarten | ||||||
| 25 | through grade 12 students to cover computer technology | ||||||
| 26 | and equipment costs. For the 2018-2019 school year and | ||||||
| |||||||
| |||||||
| 1 | subsequent school years, Organizational Units assigned | ||||||
| 2 | to Tier 1 and Tier 2 in the prior school year shall | ||||||
| 3 | receive an additional $285.50 per student of the | ||||||
| 4 | combined ASE of pre-kindergarten children with | ||||||
| 5 | disabilities and all kindergarten through grade 12 | ||||||
| 6 | students to cover computer technology and equipment | ||||||
| 7 | costs in the Organizational Unit's Adequacy Target. | ||||||
| 8 | The State Board may establish additional requirements | ||||||
| 9 | for Organizational Unit expenditures of funds received | ||||||
| 10 | pursuant to this subparagraph (Q), including a | ||||||
| 11 | requirement that funds received pursuant to this | ||||||
| 12 | subparagraph (Q) may be used only for serving the | ||||||
| 13 | technology needs of the district. It is the intent of | ||||||
| 14 | Public Act 100-465 that all Tier 1 and Tier 2 districts | ||||||
| 15 | receive the addition to their Adequacy Target in the | ||||||
| 16 | following year, subject to compliance with the | ||||||
| 17 | requirements of the State Board. | ||||||
| 18 | (R) Student activities investments. Each | ||||||
| 19 | Organizational Unit shall receive the following | ||||||
| 20 | funding amounts to cover student activities: $100 per | ||||||
| 21 | kindergarten through grade 5 ASE student in elementary | ||||||
| 22 | school, plus $200 per ASE student in middle school, | ||||||
| 23 | plus $675 per ASE student in high school. | ||||||
| 24 | (S) Maintenance and operations investments. Each | ||||||
| 25 | Organizational Unit shall receive $1,038 per student | ||||||
| 26 | of the combined ASE of pre-kindergarten children with | ||||||
| |||||||
| |||||||
| 1 | disabilities and all kindergarten through grade 12 | ||||||
| 2 | students for day-to-day maintenance and operations | ||||||
| 3 | expenditures, including salary, supplies, and | ||||||
| 4 | materials, as well as purchased services, but | ||||||
| 5 | excluding employee benefits. The proportion of salary | ||||||
| 6 | for the application of a Regionalization Factor and | ||||||
| 7 | the calculation of benefits is equal to $352.92. | ||||||
| 8 | (T) Central office investments. Each | ||||||
| 9 | Organizational Unit shall receive $742 per student of | ||||||
| 10 | the combined ASE of pre-kindergarten children with | ||||||
| 11 | disabilities and all kindergarten through grade 12 | ||||||
| 12 | students to cover central office operations, including | ||||||
| 13 | administrators and classified personnel charged with | ||||||
| 14 | managing the instructional programs, business and | ||||||
| 15 | operations of the school district, and security | ||||||
| 16 | personnel. The proportion of salary for the | ||||||
| 17 | application of a Regionalization Factor and the | ||||||
| 18 | calculation of benefits is equal to $368.48. | ||||||
| 19 | (U) Employee benefit investments. Each | ||||||
| 20 | Organizational Unit shall receive 30% of the total of | ||||||
| 21 | all salary-calculated elements of the Adequacy Target, | ||||||
| 22 | excluding substitute teachers and student activities | ||||||
| 23 | investments, to cover benefit costs. For central | ||||||
| 24 | office and maintenance and operations investments, the | ||||||
| 25 | benefit calculation shall be based upon the salary | ||||||
| 26 | proportion of each investment. If at any time the | ||||||
| |||||||
| |||||||
| 1 | responsibility for funding the employer normal cost of | ||||||
| 2 | teacher pensions is assigned to school districts, then | ||||||
| 3 | that amount certified by the Teachers' Retirement | ||||||
| 4 | System of the State of Illinois to be paid by the | ||||||
| 5 | Organizational Unit for the preceding school year | ||||||
| 6 | shall be added to the benefit investment. For any | ||||||
| 7 | fiscal year in which a school district organized under | ||||||
| 8 | Article 34 of this Code is responsible for paying the | ||||||
| 9 | employer normal cost of teacher pensions, then that | ||||||
| 10 | amount of its employer normal cost plus the amount for | ||||||
| 11 | retiree health insurance as certified by the Public | ||||||
| 12 | School Teachers' Pension and Retirement Fund of | ||||||
| 13 | Chicago to be paid by the school district for the | ||||||
| 14 | preceding school year that is statutorily required to | ||||||
| 15 | cover employer normal costs and the amount for retiree | ||||||
| 16 | health insurance shall be added to the 30% specified | ||||||
| 17 | in this subparagraph (U). The Teachers' Retirement | ||||||
| 18 | System of the State of Illinois and the Public School | ||||||
| 19 | Teachers' Pension and Retirement Fund of Chicago shall | ||||||
| 20 | submit such information as the State Superintendent | ||||||
| 21 | may require for the calculations set forth in this | ||||||
| 22 | subparagraph (U). | ||||||
| 23 | (V) Additional investments in low-income students. | ||||||
| 24 | In addition to and not in lieu of all other funding | ||||||
| 25 | under this paragraph (2), each Organizational Unit | ||||||
| 26 | shall receive funding based on the average teacher | ||||||
| |||||||
| |||||||
| 1 | salary for grades K through 12 to cover the costs of: | ||||||
| 2 | (i) one FTE intervention teacher (tutor) | ||||||
| 3 | position for every 125 Low-Income Count students; | ||||||
| 4 | (ii) one FTE pupil support staff position for | ||||||
| 5 | every 125 Low-Income Count students; | ||||||
| 6 | (iii) one FTE extended day teacher position | ||||||
| 7 | for every 120 Low-Income Count students; and | ||||||
| 8 | (iv) one FTE summer school teacher position | ||||||
| 9 | for every 120 Low-Income Count students. | ||||||
| 10 | (W) Additional investments in English learner | ||||||
| 11 | students. In addition to and not in lieu of all other | ||||||
| 12 | funding under this paragraph (2), each Organizational | ||||||
| 13 | Unit shall receive funding based on the average | ||||||
| 14 | teacher salary for grades K through 12 to cover the | ||||||
| 15 | costs of: | ||||||
| 16 | (i) one FTE intervention teacher (tutor) | ||||||
| 17 | position for every 125 English learner students; | ||||||
| 18 | (ii) one FTE pupil support staff position for | ||||||
| 19 | every 125 English learner students; | ||||||
| 20 | (iii) one FTE extended day teacher position | ||||||
| 21 | for every 120 English learner students; | ||||||
| 22 | (iv) one FTE summer school teacher position | ||||||
| 23 | for every 120 English learner students; and | ||||||
| 24 | (v) one FTE core teacher position for every | ||||||
| 25 | 100 English learner students. | ||||||
| 26 | (X) Special education investments. Each | ||||||
| |||||||
| |||||||
| 1 | Organizational Unit shall receive funding based on the | ||||||
| 2 | average teacher salary for grades K through 12 to | ||||||
| 3 | cover special education as follows: | ||||||
| 4 | (i) one FTE teacher position for every 141 | ||||||
| 5 | combined ASE of pre-kindergarten children with | ||||||
| 6 | disabilities and all kindergarten through grade 12 | ||||||
| 7 | students; | ||||||
| 8 | (ii) one FTE instructional assistant for every | ||||||
| 9 | 141 combined ASE of pre-kindergarten children with | ||||||
| 10 | disabilities and all kindergarten through grade 12 | ||||||
| 11 | students; and | ||||||
| 12 | (iii) one FTE psychologist position for every | ||||||
| 13 | 1,000 combined ASE of pre-kindergarten children | ||||||
| 14 | with disabilities and all kindergarten through | ||||||
| 15 | grade 12 students. | ||||||
| 16 | (3) For calculating the salaries included within the | ||||||
| 17 | Essential Elements, the State Superintendent shall | ||||||
| 18 | annually calculate average salaries to the nearest dollar | ||||||
| 19 | using the employment information system data maintained by | ||||||
| 20 | the State Board, limited to public schools only and | ||||||
| 21 | excluding special education and vocational cooperatives, | ||||||
| 22 | schools operated by the Department of Juvenile Justice, | ||||||
| 23 | and charter schools, for the following positions: | ||||||
| 24 | (A) Teacher for grades K through 8. | ||||||
| 25 | (B) Teacher for grades 9 through 12. | ||||||
| 26 | (C) Teacher for grades K through 12. | ||||||
| |||||||
| |||||||
| 1 | (D) School counselor for grades K through 8. | ||||||
| 2 | (E) School counselor for grades 9 through 12. | ||||||
| 3 | (F) School counselor for grades K through 12. | ||||||
| 4 | (G) Social worker. | ||||||
| 5 | (H) Psychologist. | ||||||
| 6 | (I) Librarian. | ||||||
| 7 | (J) Nurse. | ||||||
| 8 | (K) Principal. | ||||||
| 9 | (L) Assistant principal. | ||||||
| 10 | For the purposes of this paragraph (3), "teacher" | ||||||
| 11 | includes core teachers, specialist and elective teachers, | ||||||
| 12 | instructional facilitators, tutors, special education | ||||||
| 13 | teachers, pupil support staff teachers, English learner | ||||||
| 14 | teachers, extended day teachers, and summer school | ||||||
| 15 | teachers. Where specific grade data is not required for | ||||||
| 16 | the Essential Elements, the average salary for | ||||||
| 17 | corresponding positions shall apply. For substitute | ||||||
| 18 | teachers, the average teacher salary for grades K through | ||||||
| 19 | 12 shall apply. | ||||||
| 20 | For calculating the salaries included within the | ||||||
| 21 | Essential Elements for positions not included within EIS | ||||||
| 22 | Data, the following salaries shall be used in the first | ||||||
| 23 | year of implementation of Evidence-Based Funding: | ||||||
| 24 | (i) school site staff, $30,000; and | ||||||
| 25 | (ii) non-instructional assistant, instructional | ||||||
| 26 | assistant, library aide, library media tech, or | ||||||
| |||||||
| |||||||
| 1 | supervisory aide: $25,000. | ||||||
| 2 | In the second and subsequent years of implementation | ||||||
| 3 | of Evidence-Based Funding, the amounts in items (i) and | ||||||
| 4 | (ii) of this paragraph (3) shall annually increase by the | ||||||
| 5 | ECI. | ||||||
| 6 | The salary amounts for the Essential Elements | ||||||
| 7 | determined pursuant to subparagraphs (A) through (L), (S) | ||||||
| 8 | and (T), and (V) through (X) of paragraph (2) of | ||||||
| 9 | subsection (b) of this Section shall be multiplied by a | ||||||
| 10 | Regionalization Factor. | ||||||
| 11 | (c) Local Capacity calculation. | ||||||
| 12 | (1) Each Organizational Unit's Local Capacity | ||||||
| 13 | represents an amount of funding it is assumed to | ||||||
| 14 | contribute toward its Adequacy Target for purposes of the | ||||||
| 15 | Evidence-Based Funding formula calculation. "Local | ||||||
| 16 | Capacity" means either (i) the Organizational Unit's Local | ||||||
| 17 | Capacity Target as calculated in accordance with paragraph | ||||||
| 18 | (2) of this subsection (c) if its Real Receipts are equal | ||||||
| 19 | to or less than its Local Capacity Target or (ii) the | ||||||
| 20 | Organizational Unit's Adjusted Local Capacity, as | ||||||
| 21 | calculated in accordance with paragraph (3) of this | ||||||
| 22 | subsection (c) if Real Receipts are more than its Local | ||||||
| 23 | Capacity Target. | ||||||
| 24 | (2) "Local Capacity Target" means, for an | ||||||
| 25 | Organizational Unit, that dollar amount that is obtained | ||||||
| 26 | by multiplying its Adequacy Target by its Local Capacity | ||||||
| |||||||
| |||||||
| 1 | Ratio. | ||||||
| 2 | (A) An Organizational Unit's Local Capacity | ||||||
| 3 | Percentage is the conversion of the Organizational | ||||||
| 4 | Unit's Local Capacity Ratio, as such ratio is | ||||||
| 5 | determined in accordance with subparagraph (B) of this | ||||||
| 6 | paragraph (2), into a cumulative distribution | ||||||
| 7 | resulting in a percentile ranking to determine each | ||||||
| 8 | Organizational Unit's relative position to all other | ||||||
| 9 | Organizational Units in this State. The calculation of | ||||||
| 10 | Local Capacity Percentage is described in subparagraph | ||||||
| 11 | (C) of this paragraph (2). | ||||||
| 12 | (B) An Organizational Unit's Local Capacity Ratio | ||||||
| 13 | in a given year is the percentage obtained by dividing | ||||||
| 14 | its Adjusted EAV or PTELL EAV, whichever is less, by | ||||||
| 15 | its Adequacy Target, with the resulting ratio further | ||||||
| 16 | adjusted as follows: | ||||||
| 17 | (i) for Organizational Units serving grades | ||||||
| 18 | kindergarten through 12 and Hybrid Districts, no | ||||||
| 19 | further adjustments shall be made; | ||||||
| 20 | (ii) for Organizational Units serving grades | ||||||
| 21 | kindergarten through 8, the ratio shall be | ||||||
| 22 | multiplied by 9/13; | ||||||
| 23 | (iii) for Organizational Units serving grades | ||||||
| 24 | 9 through 12, the Local Capacity Ratio shall be | ||||||
| 25 | multiplied by 4/13; and | ||||||
| 26 | (iv) for an Organizational Unit with a | ||||||
| |||||||
| |||||||
| 1 | different grade configuration than those specified | ||||||
| 2 | in items (i) through (iii) of this subparagraph | ||||||
| 3 | (B), the State Superintendent shall determine a | ||||||
| 4 | comparable adjustment based on the grades served. | ||||||
| 5 | (C) The Local Capacity Percentage is equal to the | ||||||
| 6 | percentile ranking of the district. Local Capacity | ||||||
| 7 | Percentage converts each Organizational Unit's Local | ||||||
| 8 | Capacity Ratio to a cumulative distribution resulting | ||||||
| 9 | in a percentile ranking to determine each | ||||||
| 10 | Organizational Unit's relative position to all other | ||||||
| 11 | Organizational Units in this State. The Local Capacity | ||||||
| 12 | Percentage cumulative distribution resulting in a | ||||||
| 13 | percentile ranking for each Organizational Unit shall | ||||||
| 14 | be calculated using the standard normal distribution | ||||||
| 15 | of the score in relation to the weighted mean and | ||||||
| 16 | weighted standard deviation and Local Capacity Ratios | ||||||
| 17 | of all Organizational Units. If the value assigned to | ||||||
| 18 | any Organizational Unit is in excess of 90%, the value | ||||||
| 19 | shall be adjusted to 90%. For Laboratory Schools, the | ||||||
| 20 | Local Capacity Percentage shall be set at 10% in | ||||||
| 21 | recognition of the absence of EAV and resources from | ||||||
| 22 | the public university that are allocated to the | ||||||
| 23 | Laboratory School. For a regional office of education | ||||||
| 24 | or an intermediate service center operating one or | ||||||
| 25 | more alternative education programs, the Local | ||||||
| 26 | Capacity Percentage must be set at 10% in recognition | ||||||
| |||||||
| |||||||
| 1 | of the absence of EAV and resources from school | ||||||
| 2 | districts that are allocated to the regional office of | ||||||
| 3 | education or intermediate service center. The weighted | ||||||
| 4 | mean for the Local Capacity Percentage shall be | ||||||
| 5 | determined by multiplying each Organizational Unit's | ||||||
| 6 | Local Capacity Ratio times the ASE for the unit | ||||||
| 7 | creating a weighted value, summing the weighted values | ||||||
| 8 | of all Organizational Units, and dividing by the total | ||||||
| 9 | ASE of all Organizational Units. The weighted standard | ||||||
| 10 | deviation shall be determined by taking the square | ||||||
| 11 | root of the weighted variance of all Organizational | ||||||
| 12 | Units' Local Capacity Ratio, where the variance is | ||||||
| 13 | calculated by squaring the difference between each | ||||||
| 14 | unit's Local Capacity Ratio and the weighted mean, | ||||||
| 15 | then multiplying the variance for each unit times the | ||||||
| 16 | ASE for the unit to create a weighted variance for each | ||||||
| 17 | unit, then summing all units' weighted variance and | ||||||
| 18 | dividing by the total ASE of all units. | ||||||
| 19 | (D) For any Organizational Unit, the | ||||||
| 20 | Organizational Unit's Adjusted Local Capacity Target | ||||||
| 21 | shall be reduced by either (i) the school board's | ||||||
| 22 | remaining contribution pursuant to paragraph (ii) of | ||||||
| 23 | subsection (b-4) of Section 16-158 of the Illinois | ||||||
| 24 | Pension Code in a given year or (ii) the board of | ||||||
| 25 | education's remaining contribution pursuant to | ||||||
| 26 | paragraph (iv) of subsection (b) of Section 17-129 of | ||||||
| |||||||
| |||||||
| 1 | the Illinois Pension Code absent the employer normal | ||||||
| 2 | cost portion of the required contribution and amount | ||||||
| 3 | allowed pursuant to subdivision (3) of Section | ||||||
| 4 | 17-142.1 of the Illinois Pension Code in a given year. | ||||||
| 5 | In the preceding sentence, item (i) shall be certified | ||||||
| 6 | to the State Board of Education by the Teachers' | ||||||
| 7 | Retirement System of the State of Illinois and item | ||||||
| 8 | (ii) shall be certified to the State Board of | ||||||
| 9 | Education by the Public School Teachers' Pension and | ||||||
| 10 | Retirement Fund of the City of Chicago. | ||||||
| 11 | (3) If an Organizational Unit's Real Receipts are more | ||||||
| 12 | than its Local Capacity Target, then its Local Capacity | ||||||
| 13 | shall equal an Adjusted Local Capacity Target as | ||||||
| 14 | calculated in accordance with this paragraph (3). The | ||||||
| 15 | Adjusted Local Capacity Target is calculated as the sum of | ||||||
| 16 | the Organizational Unit's Local Capacity Target and its | ||||||
| 17 | Real Receipts Adjustment. The Real Receipts Adjustment | ||||||
| 18 | equals the Organizational Unit's Real Receipts less its | ||||||
| 19 | Local Capacity Target, with the resulting figure | ||||||
| 20 | multiplied by the Local Capacity Percentage. | ||||||
| 21 | As used in this paragraph (3), "Real Percent of | ||||||
| 22 | Adequacy" means the sum of an Organizational Unit's Real | ||||||
| 23 | Receipts, CPPRT, and Base Funding Minimum, with the | ||||||
| 24 | resulting figure divided by the Organizational Unit's | ||||||
| 25 | Adequacy Target. | ||||||
| 26 | (d) Calculation of Real Receipts, EAV, and Adjusted EAV | ||||||
| |||||||
| |||||||
| 1 | for purposes of the Local Capacity calculation. | ||||||
| 2 | (1) An Organizational Unit's Real Receipts are the | ||||||
| 3 | product of its Applicable Tax Rate and its Adjusted EAV. | ||||||
| 4 | An Organizational Unit's Applicable Tax Rate is its | ||||||
| 5 | Adjusted Operating Tax Rate for property within the | ||||||
| 6 | Organizational Unit. | ||||||
| 7 | (2) The State Superintendent shall calculate the | ||||||
| 8 | equalized assessed valuation, or EAV, of all taxable | ||||||
| 9 | property of each Organizational Unit as of September 30 of | ||||||
| 10 | the previous year in accordance with paragraph (3) of this | ||||||
| 11 | subsection (d). The State Superintendent shall then | ||||||
| 12 | determine the Adjusted EAV of each Organizational Unit in | ||||||
| 13 | accordance with paragraph (4) of this subsection (d), | ||||||
| 14 | which Adjusted EAV figure shall be used for the purposes | ||||||
| 15 | of calculating Local Capacity. | ||||||
| 16 | (3) To calculate Real Receipts and EAV, the Department | ||||||
| 17 | of Revenue shall supply to the State Superintendent the | ||||||
| 18 | value as equalized or assessed by the Department of | ||||||
| 19 | Revenue of all taxable property of every Organizational | ||||||
| 20 | Unit, together with (i) the applicable tax rate used in | ||||||
| 21 | extending taxes for the funds of the Organizational Unit | ||||||
| 22 | as of September 30 of the previous year and (ii) the | ||||||
| 23 | limiting rate for all Organizational Units subject to | ||||||
| 24 | property tax extension limitations as imposed under PTELL. | ||||||
| 25 | (A) The Department of Revenue shall add to the | ||||||
| 26 | equalized assessed value of all taxable property of | ||||||
| |||||||
| |||||||
| 1 | each Organizational Unit situated entirely or | ||||||
| 2 | partially within a county that is or was subject to the | ||||||
| 3 | provisions of Section 15-176 or 15-177 of the Property | ||||||
| 4 | Tax Code (i) an amount equal to the total amount by | ||||||
| 5 | which the homestead exemption allowed under Section | ||||||
| 6 | 15-176 or 15-177 of the Property Tax Code for real | ||||||
| 7 | property situated in that Organizational Unit exceeds | ||||||
| 8 | the total amount that would have been allowed in that | ||||||
| 9 | Organizational Unit if the maximum reduction under | ||||||
| 10 | Section 15-176 was (I) $4,500 in Cook County or $3,500 | ||||||
| 11 | in all other counties in tax year 2003 or (II) $5,000 | ||||||
| 12 | in all counties in tax year 2004 and thereafter and | ||||||
| 13 | (ii) an amount equal to the aggregate amount for the | ||||||
| 14 | taxable year of all additional exemptions under | ||||||
| 15 | Section 15-175 of the Property Tax Code for owners | ||||||
| 16 | with a household income of $30,000 or less. The county | ||||||
| 17 | clerk of any county that is or was subject to the | ||||||
| 18 | provisions of Section 15-176 or 15-177 of the Property | ||||||
| 19 | Tax Code shall annually calculate and certify to the | ||||||
| 20 | Department of Revenue for each Organizational Unit all | ||||||
| 21 | homestead exemption amounts under Section 15-176 or | ||||||
| 22 | 15-177 of the Property Tax Code and all amounts of | ||||||
| 23 | additional exemptions under Section 15-175 of the | ||||||
| 24 | Property Tax Code for owners with a household income | ||||||
| 25 | of $30,000 or less. It is the intent of this | ||||||
| 26 | subparagraph (A) that if the general homestead | ||||||
| |||||||
| |||||||
| 1 | exemption for a parcel of property is determined under | ||||||
| 2 | Section 15-176 or 15-177 of the Property Tax Code | ||||||
| 3 | rather than Section 15-175, then the calculation of | ||||||
| 4 | EAV shall not be affected by the difference, if any, | ||||||
| 5 | between the amount of the general homestead exemption | ||||||
| 6 | allowed for that parcel of property under Section | ||||||
| 7 | 15-176 or 15-177 of the Property Tax Code and the | ||||||
| 8 | amount that would have been allowed had the general | ||||||
| 9 | homestead exemption for that parcel of property been | ||||||
| 10 | determined under Section 15-175 of the Property Tax | ||||||
| 11 | Code. It is further the intent of this subparagraph | ||||||
| 12 | (A) that if additional exemptions are allowed under | ||||||
| 13 | Section 15-175 of the Property Tax Code for owners | ||||||
| 14 | with a household income of less than $30,000, then the | ||||||
| 15 | calculation of EAV shall not be affected by the | ||||||
| 16 | difference, if any, because of those additional | ||||||
| 17 | exemptions. | ||||||
| 18 | (B) With respect to any part of an Organizational | ||||||
| 19 | Unit within a redevelopment project area in respect to | ||||||
| 20 | which a municipality has adopted tax increment | ||||||
| 21 | allocation financing pursuant to the Tax Increment | ||||||
| 22 | Allocation Redevelopment Act, Division 74.4 of Article | ||||||
| 23 | 11 of the Illinois Municipal Code, or the Industrial | ||||||
| 24 | Jobs Recovery Law, Division 74.6 of Article 11 of the | ||||||
| 25 | Illinois Municipal Code, no part of the current EAV of | ||||||
| 26 | real property located in any such project area that is | ||||||
| |||||||
| |||||||
| 1 | attributable to an increase above the total initial | ||||||
| 2 | EAV of such property shall be used as part of the EAV | ||||||
| 3 | of the Organizational Unit, until such time as all | ||||||
| 4 | redevelopment project costs have been paid, as | ||||||
| 5 | provided in Section 11-74.4-8 of the Tax Increment | ||||||
| 6 | Allocation Redevelopment Act or in Section 11-74.6-35 | ||||||
| 7 | of the Industrial Jobs Recovery Law. For the purpose | ||||||
| 8 | of the EAV of the Organizational Unit, the total | ||||||
| 9 | initial EAV or the current EAV, whichever is lower, | ||||||
| 10 | shall be used until such time as all redevelopment | ||||||
| 11 | project costs have been paid. | ||||||
| 12 | (B-5) The real property equalized assessed | ||||||
| 13 | valuation for a school district shall be adjusted by | ||||||
| 14 | subtracting from the real property value, as equalized | ||||||
| 15 | or assessed by the Department of Revenue, for the | ||||||
| 16 | district an amount computed by dividing the amount of | ||||||
| 17 | any abatement of taxes under Section 18-170 of the | ||||||
| 18 | Property Tax Code by 3.00% for a district maintaining | ||||||
| 19 | grades kindergarten through 12, by 2.30% for a | ||||||
| 20 | district maintaining grades kindergarten through 8, or | ||||||
| 21 | by 1.05% for a district maintaining grades 9 through | ||||||
| 22 | 12 and adjusted by an amount computed by dividing the | ||||||
| 23 | amount of any abatement of taxes under subsection (a) | ||||||
| 24 | of Section 18-165 of the Property Tax Code by the same | ||||||
| 25 | percentage rates for district type as specified in | ||||||
| 26 | this subparagraph (B-5). | ||||||
| |||||||
| |||||||
| 1 | (C) For Organizational Units that are Hybrid | ||||||
| 2 | Districts, the State Superintendent shall use the | ||||||
| 3 | lesser of the adjusted equalized assessed valuation | ||||||
| 4 | for property within the partial elementary unit | ||||||
| 5 | district for elementary purposes, as defined in | ||||||
| 6 | Article 11E of this Code, or the adjusted equalized | ||||||
| 7 | assessed valuation for property within the partial | ||||||
| 8 | elementary unit district for high school purposes, as | ||||||
| 9 | defined in Article 11E of this Code. | ||||||
| 10 | (D) If a school district's boundaries span | ||||||
| 11 | multiple counties, then the Department of Revenue | ||||||
| 12 | shall send to the State Board, for the purposes of | ||||||
| 13 | calculating Evidence-Based Funding, the limiting rate | ||||||
| 14 | and individual rates by purpose for the county that | ||||||
| 15 | contains the majority of the school district's | ||||||
| 16 | equalized assessed valuation. | ||||||
| 17 | (4) An Organizational Unit's Adjusted EAV shall be the | ||||||
| 18 | average of its EAV over the immediately preceding 3 years | ||||||
| 19 | or the lesser of its EAV in the immediately preceding year | ||||||
| 20 | or the average of its EAV over the immediately preceding 3 | ||||||
| 21 | years if the EAV in the immediately preceding year has | ||||||
| 22 | declined by 10% or more when comparing the 2 most recent | ||||||
| 23 | years. In the event of Organizational Unit reorganization, | ||||||
| 24 | consolidation, or annexation, the Organizational Unit's | ||||||
| 25 | Adjusted EAV for the first 3 years after such change shall | ||||||
| 26 | be as follows: the most current EAV shall be used in the | ||||||
| |||||||
| |||||||
| 1 | first year, the average of a 2-year EAV or its EAV in the | ||||||
| 2 | immediately preceding year if the EAV declines by 10% or | ||||||
| 3 | more when comparing the 2 most recent years for the second | ||||||
| 4 | year, and the lesser of a 3-year average EAV or its EAV in | ||||||
| 5 | the immediately preceding year if the Adjusted EAV | ||||||
| 6 | declines by 10% or more when comparing the 2 most recent | ||||||
| 7 | years for the third year. For any school district whose | ||||||
| 8 | EAV in the immediately preceding year is used in | ||||||
| 9 | calculations, in the following year, the Adjusted EAV | ||||||
| 10 | shall be the average of its EAV over the immediately | ||||||
| 11 | preceding 2 years or the immediately preceding year if | ||||||
| 12 | that year represents a decline of 10% or more when | ||||||
| 13 | comparing the 2 most recent years. | ||||||
| 14 | "PTELL EAV" means a figure calculated by the State | ||||||
| 15 | Board for Organizational Units subject to PTELL as | ||||||
| 16 | described in this paragraph (4) for the purposes of | ||||||
| 17 | calculating an Organizational Unit's Local Capacity Ratio. | ||||||
| 18 | Except as otherwise provided in this paragraph (4), the | ||||||
| 19 | PTELL EAV of an Organizational Unit shall be equal to the | ||||||
| 20 | product of the equalized assessed valuation last used in | ||||||
| 21 | the calculation of general State aid under Section 18-8.05 | ||||||
| 22 | of this Code (now repealed) or Evidence-Based Funding | ||||||
| 23 | under this Section and the Organizational Unit's Extension | ||||||
| 24 | Limitation Ratio. If an Organizational Unit has approved | ||||||
| 25 | or does approve an increase in its limiting rate, pursuant | ||||||
| 26 | to Section 18-190 of the Property Tax Code, affecting the | ||||||
| |||||||
| |||||||
| 1 | Base Tax Year, the PTELL EAV shall be equal to the product | ||||||
| 2 | of the equalized assessed valuation last used in the | ||||||
| 3 | calculation of general State aid under Section 18-8.05 of | ||||||
| 4 | this Code (now repealed) or Evidence-Based Funding under | ||||||
| 5 | this Section multiplied by an amount equal to one plus the | ||||||
| 6 | percentage increase, if any, in the Consumer Price Index | ||||||
| 7 | for All Urban Consumers for all items published by the | ||||||
| 8 | United States Department of Labor for the 12-month | ||||||
| 9 | calendar year preceding the Base Tax Year, plus the | ||||||
| 10 | equalized assessed valuation of new property, annexed | ||||||
| 11 | property, and recovered tax increment value and minus the | ||||||
| 12 | equalized assessed valuation of disconnected property. | ||||||
| 13 | As used in this paragraph (4), "new property" and | ||||||
| 14 | "recovered tax increment value" shall have the meanings | ||||||
| 15 | set forth in the Property Tax Extension Limitation Law. | ||||||
| 16 | (e) Base Funding Minimum calculation. | ||||||
| 17 | (1) For the 2017-2018 school year, the Base Funding | ||||||
| 18 | Minimum of an Organizational Unit or a Specially Funded | ||||||
| 19 | Unit shall be the amount of State funds distributed to the | ||||||
| 20 | Organizational Unit or Specially Funded Unit during the | ||||||
| 21 | 2016-2017 school year prior to any adjustments and | ||||||
| 22 | specified appropriation amounts described in this | ||||||
| 23 | paragraph (1) from the following Sections, as calculated | ||||||
| 24 | by the State Superintendent: Section 18-8.05 of this Code | ||||||
| 25 | (now repealed); Section 5 of Article 224 of Public Act | ||||||
| 26 | 99-524 (equity grants); Section 14-7.02b of this Code | ||||||
| |||||||
| |||||||
| 1 | (funding for children requiring special education | ||||||
| 2 | services); Section 14-13.01 of this Code (special | ||||||
| 3 | education facilities and staffing), except for | ||||||
| 4 | reimbursement of the cost of transportation pursuant to | ||||||
| 5 | Section 14-13.01; Section 14C-12 of this Code (English | ||||||
| 6 | learners); and Section 18-4.3 of this Code (summer | ||||||
| 7 | school), based on an appropriation level of $13,121,600. | ||||||
| 8 | For a school district organized under Article 34 of this | ||||||
| 9 | Code, the Base Funding Minimum also includes (i) the funds | ||||||
| 10 | allocated to the school district pursuant to Section 1D-1 | ||||||
| 11 | of this Code attributable to funding programs authorized | ||||||
| 12 | by the Sections of this Code listed in the preceding | ||||||
| 13 | sentence and (ii) the difference between (I) the funds | ||||||
| 14 | allocated to the school district pursuant to Section 1D-1 | ||||||
| 15 | of this Code attributable to the funding programs | ||||||
| 16 | authorized by Section 14-7.02 (non-public special | ||||||
| 17 | education reimbursement), subsection (b) of Section | ||||||
| 18 | 14-13.01 (special education transportation), Section 29-5 | ||||||
| 19 | (transportation), Section 2-3.80 (agricultural | ||||||
| 20 | education), Section 2-3.66 (truants' alternative | ||||||
| 21 | education), Section 2-3.62 (educational service centers), | ||||||
| 22 | and Section 14-7.03 (special education - orphanage) of | ||||||
| 23 | this Code and Section 15 of the Childhood Hunger Relief | ||||||
| 24 | Act (free breakfast program) and (II) the school | ||||||
| 25 | district's actual expenditures for its non-public special | ||||||
| 26 | 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 $952,014. | ||||||
| 8 | For programs operated by a regional office of education or | ||||||
| 9 | an intermediate service center, the Base Funding Minimum | ||||||
| 10 | must 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) and | ||||||
| 15 | administered by a regional office of education or an | ||||||
| 16 | intermediate service center must have an initial Base | ||||||
| 17 | Funding Minimum set to an amount equal to the first-year | ||||||
| 18 | ASE multiplied by the amount of per pupil funding received | ||||||
| 19 | in the previous school year by the lowest funded similar | ||||||
| 20 | existing program type. If the enrollment for a program | ||||||
| 21 | operated by a regional office of education or an | ||||||
| 22 | intermediate service center is zero, then it may not | ||||||
| 23 | receive Base Funding Minimum funds for that program in the | ||||||
| 24 | next fiscal year, and those funds must be distributed to | ||||||
| 25 | Organizational Units under subsection (g). | ||||||
| 26 | (2) For the 2018-2019 and subsequent school years, the | ||||||
| |||||||
| |||||||
| 1 | Base Funding Minimum of Organizational Units and Specially | ||||||
| 2 | Funded Units shall be the sum of (i) the amount of | ||||||
| 3 | Evidence-Based Funding for the prior school year, (ii) the | ||||||
| 4 | Base Funding Minimum for the prior school year, and (iii) | ||||||
| 5 | any amount received by a school district pursuant to | ||||||
| 6 | Section 7 of Article 97 of Public Act 100-21. | ||||||
| 7 | For the 2022-2023 school year, the Base Funding | ||||||
| 8 | Minimum of Organizational Units shall be the amounts | ||||||
| 9 | recalculated by the State Board of Education for Fiscal | ||||||
| 10 | Year 2019 through Fiscal Year 2022 that were necessary due | ||||||
| 11 | to average student enrollment errors for districts | ||||||
| 12 | organized under Article 34 of this Code, plus the Fiscal | ||||||
| 13 | Year 2022 property tax relief grants provided under | ||||||
| 14 | Section 2-3.170 of this Code, ensuring each Organizational | ||||||
| 15 | Unit has the correct amount of resources for Fiscal Year | ||||||
| 16 | 2023 Evidence-Based Funding calculations and that Fiscal | ||||||
| 17 | Year 2023 Evidence-Based Funding Distributions are made in | ||||||
| 18 | accordance with this Section. | ||||||
| 19 | (3) Subject to approval by the General Assembly as | ||||||
| 20 | provided in this paragraph (3), an Organizational Unit | ||||||
| 21 | that meets all of the following criteria, as determined by | ||||||
| 22 | the State Board, shall have District Intervention Money | ||||||
| 23 | added to its Base Funding Minimum at the time the Base | ||||||
| 24 | Funding Minimum is calculated by the State Board: | ||||||
| 25 | (A) The Organizational Unit is operating under an | ||||||
| 26 | Independent Authority under Section 2-3.25f-5 of this | ||||||
| |||||||
| |||||||
| 1 | Code for a minimum of 4 school years or is subject to | ||||||
| 2 | the control of the State Board pursuant to a court | ||||||
| 3 | order for a minimum of 4 school years. | ||||||
| 4 | (B) The Organizational Unit was designated as a | ||||||
| 5 | Tier 1 or Tier 2 Organizational Unit in the previous | ||||||
| 6 | school year under paragraph (3) of subsection (g) of | ||||||
| 7 | this Section. | ||||||
| 8 | (C) The Organizational Unit demonstrates | ||||||
| 9 | sustainability through a 5-year financial and | ||||||
| 10 | strategic plan. | ||||||
| 11 | (D) The Organizational Unit has made sufficient | ||||||
| 12 | progress and achieved sufficient stability in the | ||||||
| 13 | areas of governance, academic growth, and finances. | ||||||
| 14 | As part of its determination under this paragraph (3), | ||||||
| 15 | the State Board may consider the Organizational Unit's | ||||||
| 16 | summative designation, any accreditations of the | ||||||
| 17 | Organizational Unit, or the Organizational Unit's | ||||||
| 18 | financial profile, as calculated by the State Board. | ||||||
| 19 | If the State Board determines that an Organizational | ||||||
| 20 | Unit has met the criteria set forth in this paragraph (3), | ||||||
| 21 | it must submit a report to the General Assembly, no later | ||||||
| 22 | than January 2 of the fiscal year in which the State Board | ||||||
| 23 | makes it determination, on the amount of District | ||||||
| 24 | Intervention Money to add to the Organizational Unit's | ||||||
| 25 | Base Funding Minimum. The General Assembly must review the | ||||||
| 26 | State Board's report and may approve or disapprove, by | ||||||
| |||||||
| |||||||
| 1 | joint resolution, the addition of District Intervention | ||||||
| 2 | Money. If the General Assembly fails to act on the report | ||||||
| 3 | within 40 calendar days from the receipt of the report, | ||||||
| 4 | the addition of District Intervention Money is deemed | ||||||
| 5 | approved. If the General Assembly approves the amount of | ||||||
| 6 | District Intervention Money to be added to the | ||||||
| 7 | Organizational Unit's Base Funding Minimum, the District | ||||||
| 8 | Intervention Money must be added to the Base Funding | ||||||
| 9 | Minimum annually thereafter. | ||||||
| 10 | For the first 4 years following the initial year that | ||||||
| 11 | the State Board determines that an Organizational Unit has | ||||||
| 12 | met the criteria set forth in this paragraph (3) and has | ||||||
| 13 | received funding under this Section, the Organizational | ||||||
| 14 | Unit must annually submit to the State Board, on or before | ||||||
| 15 | November 30, a progress report regarding its financial and | ||||||
| 16 | strategic plan under subparagraph (C) of this paragraph | ||||||
| 17 | (3). The plan shall include the financial data from the | ||||||
| 18 | past 4 annual financial reports or financial audits that | ||||||
| 19 | must be presented to the State Board by November 15 of each | ||||||
| 20 | year and the approved budget financial data for the | ||||||
| 21 | current year. The plan shall be developed according to the | ||||||
| 22 | guidelines presented to the Organizational Unit by the | ||||||
| 23 | State Board. The plan shall further include financial | ||||||
| 24 | projections for the next 3 fiscal years and include a | ||||||
| 25 | discussion and financial summary of the Organizational | ||||||
| 26 | Unit's facility needs. If the Organizational Unit does not | ||||||
| |||||||
| |||||||
| 1 | demonstrate sufficient progress toward its 5-year plan or | ||||||
| 2 | if it has failed to file an annual financial report, an | ||||||
| 3 | annual budget, a financial plan, a deficit reduction plan, | ||||||
| 4 | or other financial information as required by law, the | ||||||
| 5 | State Board may establish a Financial Oversight Panel | ||||||
| 6 | under Article 1H of this Code. However, if the | ||||||
| 7 | Organizational Unit already has a Financial Oversight | ||||||
| 8 | Panel, the State Board may extend the duration of the | ||||||
| 9 | Panel. | ||||||
| 10 | (f) Percent of Adequacy and Final Resources calculation. | ||||||
| 11 | (1) The Evidence-Based Funding formula establishes a | ||||||
| 12 | Percent of Adequacy for each Organizational Unit in order | ||||||
| 13 | to place such units into tiers for the purposes of the | ||||||
| 14 | funding distribution system described in subsection (g) of | ||||||
| 15 | this Section. Initially, an Organizational Unit's | ||||||
| 16 | Preliminary Resources and Preliminary Percent of Adequacy | ||||||
| 17 | are calculated pursuant to paragraph (2) of this | ||||||
| 18 | subsection (f). Then, an Organizational Unit's Final | ||||||
| 19 | Resources and Final Percent of Adequacy are calculated to | ||||||
| 20 | account for the Organizational Unit's poverty | ||||||
| 21 | concentration levels pursuant to paragraphs (3) and (4) of | ||||||
| 22 | this subsection (f). | ||||||
| 23 | (2) An Organizational Unit's Preliminary Resources are | ||||||
| 24 | equal to the sum of its Local Capacity Target, CPPRT, and | ||||||
| 25 | Base Funding Minimum. An Organizational Unit's Preliminary | ||||||
| 26 | Percent of Adequacy is the lesser of (i) its Preliminary | ||||||
| |||||||
| |||||||
| 1 | Resources divided by its Adequacy Target or (ii) 100%. | ||||||
| 2 | (3) Except for Specially Funded Units, an | ||||||
| 3 | Organizational Unit's Final Resources are equal to the sum | ||||||
| 4 | of its Local Capacity, CPPRT, and Adjusted Base Funding | ||||||
| 5 | Minimum. The Base Funding Minimum of each Specially Funded | ||||||
| 6 | Unit shall serve as its Final Resources, except that the | ||||||
| 7 | Base Funding Minimum for State-approved charter schools | ||||||
| 8 | shall not include any portion of general State aid | ||||||
| 9 | allocated in the prior year based on the per capita | ||||||
| 10 | tuition charge times the charter school enrollment. | ||||||
| 11 | (4) An Organizational Unit's Final Percent of Adequacy | ||||||
| 12 | is its Final Resources divided by its Adequacy Target. An | ||||||
| 13 | Organizational Unit's Adjusted Base Funding Minimum is | ||||||
| 14 | equal to its Base Funding Minimum less its Supplemental | ||||||
| 15 | Grant Funding, with the resulting figure added to the | ||||||
| 16 | product of its Supplemental Grant Funding and Preliminary | ||||||
| 17 | Percent of Adequacy. | ||||||
| 18 | (g) Evidence-Based Funding formula distribution system. | ||||||
| 19 | (1) In each school year under the Evidence-Based | ||||||
| 20 | Funding formula, each Organizational Unit receives funding | ||||||
| 21 | equal to the sum of its Base Funding Minimum and the unit's | ||||||
| 22 | allocation of New State Funds determined pursuant to this | ||||||
| 23 | subsection (g). To allocate New State Funds, the | ||||||
| 24 | Evidence-Based Funding formula distribution system first | ||||||
| 25 | places all Organizational Units into one of 4 tiers in | ||||||
| 26 | accordance with paragraph (3) of this subsection (g), | ||||||
| |||||||
| |||||||
| 1 | based on the Organizational Unit's Final Percent of | ||||||
| 2 | Adequacy. New State Funds are allocated to each of the 4 | ||||||
| 3 | tiers as follows: Tier 1 Aggregate Funding equals 50% of | ||||||
| 4 | all New State Funds, Tier 2 Aggregate Funding equals 49% | ||||||
| 5 | of all New State Funds, Tier 3 Aggregate Funding equals | ||||||
| 6 | 0.9% of all New State Funds, and Tier 4 Aggregate Funding | ||||||
| 7 | equals 0.1% of all New State Funds. Each Organizational | ||||||
| 8 | Unit within Tier 1 or Tier 2 receives an allocation of New | ||||||
| 9 | State Funds equal to its tier Funding Gap, as defined in | ||||||
| 10 | the following sentence, multiplied by the tier's | ||||||
| 11 | Allocation Rate determined pursuant to paragraph (4) of | ||||||
| 12 | this subsection (g). For Tier 1, an Organizational Unit's | ||||||
| 13 | Funding Gap equals the tier's Target Ratio, as specified | ||||||
| 14 | in paragraph (5) of this subsection (g), multiplied by the | ||||||
| 15 | Organizational Unit's Adequacy Target, with the resulting | ||||||
| 16 | amount reduced by the Organizational Unit's Final | ||||||
| 17 | Resources. For Tier 2, an Organizational Unit's Funding | ||||||
| 18 | Gap equals the tier's Target Ratio, as described in | ||||||
| 19 | paragraph (5) of this subsection (g), multiplied by the | ||||||
| 20 | Organizational Unit's Adequacy Target, with the resulting | ||||||
| 21 | amount reduced by the Organizational Unit's Final | ||||||
| 22 | Resources and its Tier 1 funding allocation. To determine | ||||||
| 23 | the Organizational Unit's Funding Gap, the resulting | ||||||
| 24 | amount is then multiplied by a factor equal to one minus | ||||||
| 25 | the Organizational Unit's Local Capacity Target | ||||||
| 26 | percentage. Each Organizational Unit within Tier 3 or Tier | ||||||
| |||||||
| |||||||
| 1 | 4 receives an allocation of New State Funds equal to the | ||||||
| 2 | product of its Adequacy Target and the tier's Allocation | ||||||
| 3 | Rate, as specified in paragraph (4) of this subsection | ||||||
| 4 | (g). | ||||||
| 5 | (2) To ensure equitable distribution of dollars for | ||||||
| 6 | all Tier 2 Organizational Units, no Tier 2 Organizational | ||||||
| 7 | Unit shall receive fewer dollars per ASE than any Tier 3 | ||||||
| 8 | Organizational Unit. Each Tier 2 and Tier 3 Organizational | ||||||
| 9 | Unit shall have its funding allocation divided by its ASE. | ||||||
| 10 | Any Tier 2 Organizational Unit with a funding allocation | ||||||
| 11 | per ASE below the greatest Tier 3 allocation per ASE shall | ||||||
| 12 | get a funding allocation equal to the greatest Tier 3 | ||||||
| 13 | funding allocation per ASE multiplied by the | ||||||
| 14 | Organizational Unit's ASE. Each Tier 2 Organizational | ||||||
| 15 | Unit's Tier 2 funding allocation shall be multiplied by | ||||||
| 16 | the percentage calculated by dividing the original Tier 2 | ||||||
| 17 | Aggregate Funding by the sum of all Tier 2 Organizational | ||||||
| 18 | Units' Tier 2 funding allocation after adjusting | ||||||
| 19 | districts' funding below Tier 3 levels. | ||||||
| 20 | (3) Organizational Units are placed into one of 4 | ||||||
| 21 | tiers as follows: | ||||||
| 22 | (A) Tier 1 consists of all Organizational Units, | ||||||
| 23 | except for Specially Funded Units, with a Percent of | ||||||
| 24 | Adequacy less than the Tier 1 Target Ratio. The Tier 1 | ||||||
| 25 | Target Ratio is the ratio level that allows for Tier 1 | ||||||
| 26 | Aggregate Funding to be distributed, with the Tier 1 | ||||||
| |||||||
| |||||||
| 1 | Allocation Rate determined pursuant to paragraph (4) | ||||||
| 2 | of this subsection (g). | ||||||
| 3 | (B) Tier 2 consists of all Tier 1 Units and all | ||||||
| 4 | other Organizational Units, except for Specially | ||||||
| 5 | Funded Units, with a Percent of Adequacy of less than | ||||||
| 6 | 0.90. | ||||||
| 7 | (C) Tier 3 consists of all Organizational Units, | ||||||
| 8 | except for Specially Funded Units, with a Percent of | ||||||
| 9 | Adequacy of at least 0.90 and less than 1.0. | ||||||
| 10 | (D) Tier 4 consists of all Organizational Units | ||||||
| 11 | with a Percent of Adequacy of at least 1.0. | ||||||
| 12 | (4) The Allocation Rates for Tiers 1 through 4 are | ||||||
| 13 | determined as follows: | ||||||
| 14 | (A) The Tier 1 Allocation Rate is 30%. | ||||||
| 15 | (B) The Tier 2 Allocation Rate is the result of the | ||||||
| 16 | following equation: Tier 2 Aggregate Funding, divided | ||||||
| 17 | by the sum of the Funding Gaps for all Tier 2 | ||||||
| 18 | Organizational Units, unless the result of such | ||||||
| 19 | equation is higher than 1.0. If the result of such | ||||||
| 20 | equation is higher than 1.0, then the Tier 2 | ||||||
| 21 | Allocation Rate is 1.0. | ||||||
| 22 | (C) The Tier 3 Allocation Rate is the result of the | ||||||
| 23 | following equation: Tier 3 Aggregate Funding, divided | ||||||
| 24 | by the sum of the Adequacy Targets of all Tier 3 | ||||||
| 25 | Organizational Units. | ||||||
| 26 | (D) The Tier 4 Allocation Rate is the result of the | ||||||
| |||||||
| |||||||
| 1 | following equation: Tier 4 Aggregate Funding, divided | ||||||
| 2 | by the sum of the Adequacy Targets of all Tier 4 | ||||||
| 3 | Organizational Units. | ||||||
| 4 | (5) A tier's Target Ratio is determined as follows: | ||||||
| 5 | (A) The Tier 1 Target Ratio is the ratio level that | ||||||
| 6 | allows for Tier 1 Aggregate Funding to be distributed | ||||||
| 7 | with the Tier 1 Allocation Rate. | ||||||
| 8 | (B) The Tier 2 Target Ratio is 0.90. | ||||||
| 9 | (C) The Tier 3 Target Ratio is 1.0. | ||||||
| 10 | (6) If, at any point, the Tier 1 Target Ratio is | ||||||
| 11 | greater than 90%, then all Tier 1 funding shall be | ||||||
| 12 | allocated to Tier 2 and no Tier 1 Organizational Unit's | ||||||
| 13 | funding may be identified. | ||||||
| 14 | (7) In the event that all Tier 2 Organizational Units | ||||||
| 15 | receive funding at the Tier 2 Target Ratio level, any | ||||||
| 16 | remaining New State Funds shall be allocated to Tier 3 and | ||||||
| 17 | Tier 4 Organizational Units. | ||||||
| 18 | (8) If any Specially Funded Units, excluding Glenwood | ||||||
| 19 | Academy, recognized by the State Board do not qualify for | ||||||
| 20 | direct funding following the implementation of Public Act | ||||||
| 21 | 100-465 from any of the funding sources included within | ||||||
| 22 | the definition of Base Funding Minimum, the unqualified | ||||||
| 23 | portion of the Base Funding Minimum shall be transferred | ||||||
| 24 | to one or more appropriate Organizational Units as | ||||||
| 25 | determined by the State Superintendent based on the prior | ||||||
| 26 | year ASE of the Organizational Units. | ||||||
| |||||||
| |||||||
| 1 | (8.5) If a school district withdraws from a special | ||||||
| 2 | education cooperative, the portion of the Base Funding | ||||||
| 3 | Minimum that is attributable to the school district may be | ||||||
| 4 | redistributed to the school district upon withdrawal. The | ||||||
| 5 | school district and the cooperative must include the | ||||||
| 6 | amount of the Base Funding Minimum that is to be | ||||||
| 7 | reapportioned in their withdrawal agreement and notify the | ||||||
| 8 | State Board of the change with a copy of the agreement upon | ||||||
| 9 | withdrawal. | ||||||
| 10 | (9) The Minimum Funding Level is intended to establish | ||||||
| 11 | a target for State funding that will keep pace with | ||||||
| 12 | inflation and continue to advance equity through the | ||||||
| 13 | Evidence-Based Funding formula. The target for State | ||||||
| 14 | funding of New Property Tax Relief Pool Funds is | ||||||
| 15 | $50,000,000 for State fiscal year 2019 and subsequent | ||||||
| 16 | State fiscal years. The Minimum Funding Level is equal to | ||||||
| 17 | $350,000,000. In addition to any New State Funds, no more | ||||||
| 18 | than $50,000,000 New Property Tax Relief Pool Funds may be | ||||||
| 19 | counted toward the Minimum Funding Level. If the sum of | ||||||
| 20 | New State Funds and applicable New Property Tax Relief | ||||||
| 21 | Pool Funds are less than the Minimum Funding Level, than | ||||||
| 22 | funding for tiers shall be reduced in the following | ||||||
| 23 | manner: | ||||||
| 24 | (A) First, Tier 4 funding shall be reduced by an | ||||||
| 25 | amount equal to the difference between the Minimum | ||||||
| 26 | Funding Level and New State Funds until such time as | ||||||
| |||||||
| |||||||
| 1 | Tier 4 funding is exhausted. | ||||||
| 2 | (B) Next, Tier 3 funding shall be reduced by an | ||||||
| 3 | amount equal to the difference between the Minimum | ||||||
| 4 | Funding Level and New State Funds and the reduction in | ||||||
| 5 | Tier 4 funding until such time as Tier 3 funding is | ||||||
| 6 | exhausted. | ||||||
| 7 | (C) Next, Tier 2 funding shall be reduced by an | ||||||
| 8 | amount equal to the difference between the Minimum | ||||||
| 9 | Funding Level and New State Funds and the reduction in | ||||||
| 10 | Tier 4 and Tier 3. | ||||||
| 11 | (D) Finally, Tier 1 funding shall be reduced by an | ||||||
| 12 | amount equal to the difference between the Minimum | ||||||
| 13 | Funding level and New State Funds and the reduction in | ||||||
| 14 | Tier 2, 3, and 4 funding. In addition, the Allocation | ||||||
| 15 | Rate for Tier 1 shall be reduced to a percentage equal | ||||||
| 16 | to the Tier 1 Allocation Rate set by paragraph (4) of | ||||||
| 17 | this subsection (g), multiplied by the result of New | ||||||
| 18 | State Funds divided by the Minimum Funding Level. | ||||||
| 19 | (9.5) For State fiscal year 2019 and subsequent State | ||||||
| 20 | fiscal years, if New State Funds exceed $300,000,000, then | ||||||
| 21 | any amount in excess of $300,000,000 shall be dedicated | ||||||
| 22 | for purposes of Section 2-3.170 of this Code up to a | ||||||
| 23 | maximum of $50,000,000. | ||||||
| 24 | (10) In the event of a decrease in the amount of the | ||||||
| 25 | appropriation for this Section in any fiscal year after | ||||||
| 26 | implementation of this Section, the Organizational Units | ||||||
| |||||||
| |||||||
| 1 | receiving Tier 1 and Tier 2 funding, as determined under | ||||||
| 2 | paragraph (3) of this subsection (g), shall be held | ||||||
| 3 | harmless by establishing a Base Funding Guarantee equal to | ||||||
| 4 | the per pupil kindergarten through grade 12 funding | ||||||
| 5 | received in accordance with this Section in the prior | ||||||
| 6 | fiscal year. Reductions shall be made to the Base Funding | ||||||
| 7 | Minimum of Organizational Units in Tier 3 and Tier 4 on a | ||||||
| 8 | per pupil basis equivalent to the total number of the ASE | ||||||
| 9 | in Tier 3-funded and Tier 4-funded Organizational Units | ||||||
| 10 | divided by the total reduction in State funding. The Base | ||||||
| 11 | Funding Minimum as reduced shall continue to be applied to | ||||||
| 12 | Tier 3 and Tier 4 Organizational Units and adjusted by the | ||||||
| 13 | relative formula when increases in appropriations for this | ||||||
| 14 | Section resume. In no event may State funding reductions | ||||||
| 15 | to Organizational Units in Tier 3 or Tier 4 exceed an | ||||||
| 16 | amount that would be less than the Base Funding Minimum | ||||||
| 17 | established in the first year of implementation of this | ||||||
| 18 | Section. If additional reductions are required, all school | ||||||
| 19 | districts shall receive a reduction by a per pupil amount | ||||||
| 20 | equal to the aggregate additional appropriation reduction | ||||||
| 21 | divided by the total ASE of all Organizational Units. | ||||||
| 22 | (11) The State Superintendent shall make minor | ||||||
| 23 | adjustments to the distribution formula set forth in this | ||||||
| 24 | subsection (g) to account for the rounding of percentages | ||||||
| 25 | to the nearest tenth of a percentage and dollar amounts to | ||||||
| 26 | the nearest whole dollar. | ||||||
| |||||||
| |||||||
| 1 | (h) State Superintendent administration of funding and | ||||||
| 2 | district submission requirements. | ||||||
| 3 | (1) The State Superintendent shall, in accordance with | ||||||
| 4 | appropriations made by the General Assembly, meet the | ||||||
| 5 | funding obligations created under this Section. | ||||||
| 6 | (2) The State Superintendent shall calculate the | ||||||
| 7 | Adequacy Target for each Organizational Unit under this | ||||||
| 8 | Section. No Evidence-Based Funding shall be distributed | ||||||
| 9 | within an Organizational Unit without the approval of the | ||||||
| 10 | unit's school board. | ||||||
| 11 | (3) Annually, the State Superintendent shall calculate | ||||||
| 12 | and report to each Organizational Unit the unit's | ||||||
| 13 | aggregate financial adequacy amount, which shall be the | ||||||
| 14 | sum of the Adequacy Target for each Organizational Unit. | ||||||
| 15 | The State Superintendent shall calculate and report | ||||||
| 16 | separately for each Organizational Unit the unit's total | ||||||
| 17 | State funds allocated for its students with disabilities. | ||||||
| 18 | The State Superintendent shall calculate and report | ||||||
| 19 | separately for each Organizational Unit the amount of | ||||||
| 20 | funding and applicable FTE calculated for each Essential | ||||||
| 21 | Element of the unit's Adequacy Target. | ||||||
| 22 | (4) Annually, the State Superintendent shall calculate | ||||||
| 23 | and report to each Organizational Unit the amount the unit | ||||||
| 24 | must expend on special education and bilingual education | ||||||
| 25 | and computer technology and equipment for Organizational | ||||||
| 26 | Units assigned to Tier 1 or Tier 2 that received an | ||||||
| |||||||
| |||||||
| 1 | additional $285.50 per student computer technology and | ||||||
| 2 | equipment investment grant to their Adequacy Target | ||||||
| 3 | pursuant to the unit's Base Funding Minimum, Special | ||||||
| 4 | Education Allocation, Bilingual Education Allocation, and | ||||||
| 5 | computer technology and equipment investment allocation. | ||||||
| 6 | (5) Moneys distributed under this Section shall be | ||||||
| 7 | calculated on a school year basis, but paid on a fiscal | ||||||
| 8 | year basis, with payments beginning in August and | ||||||
| 9 | extending through June. Unless otherwise provided, the | ||||||
| 10 | moneys appropriated for each fiscal year shall be | ||||||
| 11 | distributed in 22 equal payments at least 2 times monthly | ||||||
| 12 | to each Organizational Unit. If moneys appropriated for | ||||||
| 13 | any fiscal year are distributed other than monthly, the | ||||||
| 14 | distribution shall be on the same basis for each | ||||||
| 15 | Organizational Unit. | ||||||
| 16 | (6) Any school district that fails, for any given | ||||||
| 17 | school year, to maintain school as required by law or to | ||||||
| 18 | maintain a recognized school is not eligible to receive | ||||||
| 19 | Evidence-Based Funding. In case of non-recognition of one | ||||||
| 20 | or more attendance centers in a school district otherwise | ||||||
| 21 | operating recognized schools, the claim of the district | ||||||
| 22 | shall be reduced in the proportion that the enrollment in | ||||||
| 23 | the attendance center or centers bears to the enrollment | ||||||
| 24 | of the school district. "Recognized school" means any | ||||||
| 25 | public school that meets the standards for recognition by | ||||||
| 26 | the State Board. A school district or attendance center | ||||||
| |||||||
| |||||||
| 1 | not having recognition status at the end of a school term | ||||||
| 2 | is entitled to receive State aid payments due upon a legal | ||||||
| 3 | claim that was filed while it was recognized. | ||||||
| 4 | (7) School district claims filed under this Section | ||||||
| 5 | are subject to Sections 18-9 and 18-12 of this Code, | ||||||
| 6 | except as otherwise provided in this Section. | ||||||
| 7 | (8) Each fiscal year, the State Superintendent shall | ||||||
| 8 | calculate for each Organizational Unit an amount of its | ||||||
| 9 | Base Funding Minimum and Evidence-Based Funding that shall | ||||||
| 10 | be deemed attributable to the provision of special | ||||||
| 11 | educational facilities and services, as defined in Section | ||||||
| 12 | 14-1.08 of this Code, in a manner that ensures compliance | ||||||
| 13 | with maintenance of State financial support requirements | ||||||
| 14 | under the federal Individuals with Disabilities Education | ||||||
| 15 | Act. An Organizational Unit must use such funds only for | ||||||
| 16 | the provision of special educational facilities and | ||||||
| 17 | services, as defined in Section 14-1.08 of this Code, and | ||||||
| 18 | must comply with any expenditure verification procedures | ||||||
| 19 | adopted by the State Board. | ||||||
| 20 | (9) All Organizational Units in this State must submit | ||||||
| 21 | annual spending plans, as part of the budget submission | ||||||
| 22 | process, no later than October 31 of each year to the State | ||||||
| 23 | Board. The spending plan shall describe how each | ||||||
| 24 | Organizational Unit will utilize the Base Funding Minimum | ||||||
| 25 | and Evidence-Based Funding it receives from this State | ||||||
| 26 | under this Section with specific identification of the | ||||||
| |||||||
| |||||||
| 1 | intended utilization of Low-Income, English learner, and | ||||||
| 2 | special education resources. Additionally, the annual | ||||||
| 3 | spending plans of each Organizational Unit shall describe | ||||||
| 4 | how the Organizational Unit expects to achieve student | ||||||
| 5 | growth and how the Organizational Unit will achieve State | ||||||
| 6 | education goals, as defined by the State Board, and shall | ||||||
| 7 | indicate which stakeholder groups the Organizational Unit | ||||||
| 8 | engaged with to inform its annual spending plans. The | ||||||
| 9 | State Superintendent may, from time to time, identify | ||||||
| 10 | additional requisites for Organizational Units to satisfy | ||||||
| 11 | when compiling the annual spending plans required under | ||||||
| 12 | this subsection (h). The format and scope of annual | ||||||
| 13 | spending plans shall be developed by the State | ||||||
| 14 | Superintendent and the State Board of Education. School | ||||||
| 15 | districts that serve students under Article 14C of this | ||||||
| 16 | Code shall continue to submit information as required | ||||||
| 17 | under Section 14C-12 of this Code. Annual spending plans | ||||||
| 18 | required under this subsection (h) shall be integrated | ||||||
| 19 | into annual school district budgets completed pursuant to | ||||||
| 20 | Section 17-1 or Section 34-43. Organizational Units that | ||||||
| 21 | do not submit a budget to the State Board shall be provided | ||||||
| 22 | with a separate planning template developed by the State | ||||||
| 23 | Board. The State Board shall create an Evidence-Based | ||||||
| 24 | Funding spending plan tool to make Evidence-Based Funding | ||||||
| 25 | spending plan data for each Organizational Unit available | ||||||
| 26 | on the State Board's website no later than December 31, | ||||||
| |||||||
| |||||||
| 1 | 2025, with annual updates thereafter. The tool shall allow | ||||||
| 2 | for the selection and review of each Organizational Unit's | ||||||
| 3 | planned use of Evidence-Based Funding. | ||||||
| 4 | (10) No later than January 1, 2018, the State | ||||||
| 5 | Superintendent shall develop a 5-year strategic plan for | ||||||
| 6 | all Organizational Units to help in planning for adequacy | ||||||
| 7 | funding under this Section. The State Superintendent shall | ||||||
| 8 | submit the plan to the Governor and the General Assembly, | ||||||
| 9 | as provided in Section 3.1 of the General Assembly | ||||||
| 10 | Organization Act. The plan shall include recommendations | ||||||
| 11 | for: | ||||||
| 12 | (A) a framework for collaborative, professional, | ||||||
| 13 | innovative, and 21st century learning environments | ||||||
| 14 | using the Evidence-Based Funding model; | ||||||
| 15 | (B) ways to prepare and support this State's | ||||||
| 16 | educators for successful instructional careers; | ||||||
| 17 | (C) application and enhancement of the current | ||||||
| 18 | financial accountability measures, the approved State | ||||||
| 19 | plan to comply with the federal Every Student Succeeds | ||||||
| 20 | Act, and the Illinois Balanced Accountability Measures | ||||||
| 21 | in relation to student growth and elements of the | ||||||
| 22 | Evidence-Based Funding model; and | ||||||
| 23 | (D) implementation of an effective school adequacy | ||||||
| 24 | funding system based on projected and recommended | ||||||
| 25 | funding levels from the General Assembly. | ||||||
| 26 | (11) On an annual basis, the State Superintendent must | ||||||
| |||||||
| |||||||
| 1 | recalibrate all of the following per pupil elements of the | ||||||
| 2 | Adequacy Target and applied to the formulas, based on the | ||||||
| 3 | study of average expenses and as reported in the most | ||||||
| 4 | recent annual financial report: | ||||||
| 5 | (A) Gifted under subparagraph (M) of paragraph (2) | ||||||
| 6 | of subsection (b). | ||||||
| 7 | (B) Instructional materials under subparagraph (O) | ||||||
| 8 | of paragraph (2) of subsection (b). | ||||||
| 9 | (C) Assessment under subparagraph (P) of paragraph | ||||||
| 10 | (2) of subsection (b). | ||||||
| 11 | (D) Student activities under subparagraph (R) of | ||||||
| 12 | paragraph (2) of subsection (b). | ||||||
| 13 | (E) Maintenance and operations under subparagraph | ||||||
| 14 | (S) of paragraph (2) of subsection (b). | ||||||
| 15 | (F) Central office under subparagraph (T) of | ||||||
| 16 | paragraph (2) of subsection (b). | ||||||
| 17 | (i) Professional Review Panel. | ||||||
| 18 | (1) A Professional Review Panel is created to study | ||||||
| 19 | and review topics related to the implementation and effect | ||||||
| 20 | of Evidence-Based Funding, as assigned by a joint | ||||||
| 21 | resolution or Public Act of the General Assembly or a | ||||||
| 22 | motion passed by the State Board of Education. The Panel | ||||||
| 23 | must provide recommendations to and serve the Governor, | ||||||
| 24 | the General Assembly, and the State Board. The State | ||||||
| 25 | Superintendent or his or her designee must serve as a | ||||||
| 26 | voting member and chairperson of the Panel. The State | ||||||
| |||||||
| |||||||
| 1 | Superintendent must appoint a vice chairperson from the | ||||||
| 2 | membership of the Panel. The Panel must advance | ||||||
| 3 | recommendations based on a three-fifths majority vote of | ||||||
| 4 | Panel members present and voting. A minority opinion may | ||||||
| 5 | also accompany any recommendation of the Panel. The Panel | ||||||
| 6 | shall be appointed by the State Superintendent, except as | ||||||
| 7 | otherwise provided in paragraph (2) of this subsection (i) | ||||||
| 8 | and include the following members: | ||||||
| 9 | (A) Two appointees that represent district | ||||||
| 10 | superintendents, recommended by a statewide | ||||||
| 11 | organization that represents district superintendents. | ||||||
| 12 | (B) Two appointees that represent school boards, | ||||||
| 13 | recommended by a statewide organization that | ||||||
| 14 | represents school boards. | ||||||
| 15 | (C) Two appointees from districts that represent | ||||||
| 16 | school business officials, recommended by a statewide | ||||||
| 17 | organization that represents school business | ||||||
| 18 | officials. | ||||||
| 19 | (D) Two appointees that represent school | ||||||
| 20 | principals, recommended by a statewide organization | ||||||
| 21 | that represents school principals. | ||||||
| 22 | (E) Two appointees that represent teachers, | ||||||
| 23 | recommended by a statewide organization that | ||||||
| 24 | represents teachers. | ||||||
| 25 | (F) Two appointees that represent teachers, | ||||||
| 26 | recommended by another statewide organization that | ||||||
| |||||||
| |||||||
| 1 | represents teachers. | ||||||
| 2 | (G) Two appointees that represent regional | ||||||
| 3 | superintendents of schools, recommended by | ||||||
| 4 | organizations that represent regional superintendents. | ||||||
| 5 | (H) Two independent experts selected solely by the | ||||||
| 6 | State Superintendent. | ||||||
| 7 | (I) Two independent experts recommended by public | ||||||
| 8 | universities in this State. | ||||||
| 9 | (J) One member recommended by a statewide | ||||||
| 10 | organization that represents parents. | ||||||
| 11 | (K) Two representatives recommended by collective | ||||||
| 12 | impact organizations that represent major metropolitan | ||||||
| 13 | areas or geographic areas in Illinois. | ||||||
| 14 | (L) One member from a statewide organization | ||||||
| 15 | focused on research-based education policy to support | ||||||
| 16 | a school system that prepares all students for | ||||||
| 17 | college, a career, and democratic citizenship. | ||||||
| 18 | (M) One representative from a school district | ||||||
| 19 | organized under Article 34 of this Code. | ||||||
| 20 | The State Superintendent shall ensure that the | ||||||
| 21 | membership of the Panel includes representatives from | ||||||
| 22 | school districts and communities reflecting the | ||||||
| 23 | geographic, socio-economic, racial, and ethnic diversity | ||||||
| 24 | of this State. The State Superintendent shall additionally | ||||||
| 25 | ensure that the membership of the Panel includes | ||||||
| 26 | representatives with expertise in bilingual education and | ||||||
| |||||||
| |||||||
| 1 | special education. Staff from the State Board shall staff | ||||||
| 2 | the Panel. | ||||||
| 3 | (2) In addition to those Panel members appointed by | ||||||
| 4 | the State Superintendent, 4 members of the General | ||||||
| 5 | Assembly shall be appointed as follows: one member of the | ||||||
| 6 | House of Representatives appointed by the Speaker of the | ||||||
| 7 | House of Representatives, one member of the Senate | ||||||
| 8 | appointed by the President of the Senate, one member of | ||||||
| 9 | the House of Representatives appointed by the Minority | ||||||
| 10 | Leader of the House of Representatives, and one member of | ||||||
| 11 | the Senate appointed by the Minority Leader of the Senate. | ||||||
| 12 | There shall be one additional member appointed by the | ||||||
| 13 | Governor. All members appointed by legislative leaders or | ||||||
| 14 | the Governor shall be non-voting, ex officio members. | ||||||
| 15 | (3) The Panel must study topics at the direction of | ||||||
| 16 | the General Assembly or State Board of Education, as | ||||||
| 17 | provided under paragraph (1). The Panel may also study the | ||||||
| 18 | following topics at the direction of the chairperson: | ||||||
| 19 | (A) The format and scope of annual spending plans | ||||||
| 20 | referenced in paragraph (9) of subsection (h) of this | ||||||
| 21 | Section. | ||||||
| 22 | (B) The Comparable Wage Index under this Section. | ||||||
| 23 | (C) Maintenance and operations, including capital | ||||||
| 24 | maintenance and construction costs. | ||||||
| 25 | (D) "At-risk student" definition. | ||||||
| 26 | (E) Benefits. | ||||||
| |||||||
| |||||||
| 1 | (F) Technology. | ||||||
| 2 | (G) Local Capacity Target. | ||||||
| 3 | (H) Funding for Alternative Schools, Laboratory | ||||||
| 4 | Schools, safe schools, and alternative learning | ||||||
| 5 | opportunities programs. | ||||||
| 6 | (I) Funding for college and career acceleration | ||||||
| 7 | strategies. | ||||||
| 8 | (J) Special education investments. | ||||||
| 9 | (K) Early childhood investments, in collaboration | ||||||
| 10 | with the Illinois Early Learning Council. | ||||||
| 11 | (4) (Blank). | ||||||
| 12 | (5) Within 5 years after the implementation of this | ||||||
| 13 | Section, and every 5 years thereafter, the Panel shall | ||||||
| 14 | complete an evaluative study of the entire Evidence-Based | ||||||
| 15 | Funding model, including an assessment of whether or not | ||||||
| 16 | the formula is achieving State goals. The Panel shall | ||||||
| 17 | report to the State Board, the General Assembly, and the | ||||||
| 18 | Governor on the findings of the study. | ||||||
| 19 | (6) (Blank). | ||||||
| 20 | (7) To ensure that (i) the Adequacy Target calculation | ||||||
| 21 | under subsection (b) accurately reflects the needs of | ||||||
| 22 | students living in poverty or attending schools located in | ||||||
| 23 | areas of high poverty, (ii) racial equity within the | ||||||
| 24 | Evidence-Based Funding formula is explicitly explored and | ||||||
| 25 | advanced, and (iii) the funding goals of the formula | ||||||
| 26 | distribution system established under this Section are | ||||||
| |||||||
| |||||||
| 1 | sufficient to provide adequate funding for every student | ||||||
| 2 | and to fully fund every school in this State, the Panel | ||||||
| 3 | shall review the Essential Elements under paragraph (2) of | ||||||
| 4 | subsection (b). The Panel shall consider all of the | ||||||
| 5 | following in its review: | ||||||
| 6 | (A) The financial ability of school districts to | ||||||
| 7 | provide instruction in a foreign language to every | ||||||
| 8 | student and whether an additional Essential Element | ||||||
| 9 | should be added to the formula to ensure that every | ||||||
| 10 | student has access to instruction in a foreign | ||||||
| 11 | language. | ||||||
| 12 | (B) The adult-to-student ratio for each Essential | ||||||
| 13 | Element in which a ratio is identified. The Panel | ||||||
| 14 | shall consider whether the ratio accurately reflects | ||||||
| 15 | the staffing needed to support students living in | ||||||
| 16 | poverty or who have traumatic backgrounds. | ||||||
| 17 | (C) Changes to the Essential Elements that may be | ||||||
| 18 | required to better promote racial equity and eliminate | ||||||
| 19 | structural racism within schools. | ||||||
| 20 | (D) The impact of investing $350,000,000 in | ||||||
| 21 | additional funds each year under this Section and an | ||||||
| 22 | estimate of when the school system will become fully | ||||||
| 23 | funded under this level of appropriation. | ||||||
| 24 | (E) Provide an overview of alternative funding | ||||||
| 25 | structures that would enable the State to become fully | ||||||
| 26 | funded at an earlier date. | ||||||
| |||||||
| |||||||
| 1 | (F) The potential to increase efficiency and to | ||||||
| 2 | find cost savings within the school system to expedite | ||||||
| 3 | the journey to a fully funded system. | ||||||
| 4 | (G) The appropriate levels for reenrolling and | ||||||
| 5 | graduating high-risk high school students who have | ||||||
| 6 | been previously out of school. These outcomes shall | ||||||
| 7 | include enrollment, attendance, skill gains, credit | ||||||
| 8 | gains, graduation or promotion to the next grade | ||||||
| 9 | level, and the transition to college, training, or | ||||||
| 10 | employment, with an emphasis on progressively | ||||||
| 11 | increasing the overall attendance. | ||||||
| 12 | (H) The evidence-based or research-based practices | ||||||
| 13 | that are shown to reduce the gaps and disparities | ||||||
| 14 | experienced by African American students in academic | ||||||
| 15 | achievement and educational performance, including | ||||||
| 16 | practices that have been shown to reduce disparities | ||||||
| 17 | in disciplinary rates, drop-out rates, graduation | ||||||
| 18 | rates, college matriculation rates, and college | ||||||
| 19 | completion rates. | ||||||
| 20 | On or before December 31, 2021, the Panel shall report | ||||||
| 21 | to the State Board, the General Assembly, and the Governor | ||||||
| 22 | on the findings of its review. This paragraph (7) is | ||||||
| 23 | inoperative on and after July 1, 2022. | ||||||
| 24 | (8) On or before April 1, 2024, the Panel must submit a | ||||||
| 25 | report to the General Assembly on annual adjustments to | ||||||
| 26 | Glenwood Academy's base-funding minimum in a similar | ||||||
| |||||||
| |||||||
| 1 | fashion to school districts under this Section. | ||||||
| 2 | (j) References. Beginning July 1, 2017, references in | ||||||
| 3 | other laws to general State aid funds or calculations under | ||||||
| 4 | Section 18-8.05 of this Code (now repealed) shall be deemed to | ||||||
| 5 | be references to evidence-based model formula funds or | ||||||
| 6 | calculations under this Section. | ||||||
| 7 | (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21; | ||||||
| 8 | 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff. | ||||||
| 9 | 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8, | ||||||
| 10 | eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23; | ||||||
| 11 | 103-605, eff. 7-1-24; 103-780, eff. 8-2-24; 103-802, eff. | ||||||
| 12 | 1-1-25; revised 11-26-24.)
| ||||||
| 13 | (105 ILCS 5/19-1) | ||||||
| 14 | Sec. 19-1. Debt limitations of school districts. | ||||||
| 15 | (a) School districts shall not be subject to the | ||||||
| 16 | provisions limiting their indebtedness prescribed in the Local | ||||||
| 17 | Government Debt Limitation Act. | ||||||
| 18 | No school districts maintaining grades K through 8 or 9 | ||||||
| 19 | through 12 shall become indebted in any manner or for any | ||||||
| 20 | purpose to an amount, including existing indebtedness, in the | ||||||
| 21 | aggregate exceeding 6.9% on the value of the taxable property | ||||||
| 22 | therein to be ascertained by the last assessment for State and | ||||||
| 23 | county taxes or, until January 1, 1983, if greater, the sum | ||||||
| 24 | that is produced by multiplying the school district's 1978 | ||||||
| 25 | equalized assessed valuation by the debt limitation percentage | ||||||
| |||||||
| |||||||
| 1 | in effect on January 1, 1979, previous to the incurring of such | ||||||
| 2 | indebtedness. | ||||||
| 3 | No school districts maintaining grades K through 12 shall | ||||||
| 4 | become indebted in any manner or for any purpose to an amount, | ||||||
| 5 | including existing indebtedness, in the aggregate exceeding | ||||||
| 6 | 13.8% on the value of the taxable property therein to be | ||||||
| 7 | ascertained by the last assessment for State and county taxes | ||||||
| 8 | or, until January 1, 1983, if greater, the sum that is produced | ||||||
| 9 | by multiplying the school district's 1978 equalized assessed | ||||||
| 10 | valuation by the debt limitation percentage in effect on | ||||||
| 11 | January 1, 1979, previous to the incurring of such | ||||||
| 12 | indebtedness. | ||||||
| 13 | No partial elementary unit district, as defined in Article | ||||||
| 14 | 11E of this Code, shall become indebted in any manner or for | ||||||
| 15 | any purpose in an amount, including existing indebtedness, in | ||||||
| 16 | the aggregate exceeding 6.9% of the value of the taxable | ||||||
| 17 | property of the entire district, to be ascertained by the last | ||||||
| 18 | assessment for State and county taxes, plus an amount, | ||||||
| 19 | including existing indebtedness, in the aggregate exceeding | ||||||
| 20 | 6.9% of the value of the taxable property of that portion of | ||||||
| 21 | the district included in the elementary and high school | ||||||
| 22 | classification, to be ascertained by the last assessment for | ||||||
| 23 | State and county taxes. Moreover, no partial elementary unit | ||||||
| 24 | district, as defined in Article 11E of this Code, shall become | ||||||
| 25 | indebted on account of bonds issued by the district for high | ||||||
| 26 | school purposes in the aggregate exceeding 6.9% of the value | ||||||
| |||||||
| |||||||
| 1 | of the taxable property of the entire district, to be | ||||||
| 2 | ascertained by the last assessment for State and county taxes, | ||||||
| 3 | nor shall the district become indebted on account of bonds | ||||||
| 4 | issued by the district for elementary purposes in the | ||||||
| 5 | aggregate exceeding 6.9% of the value of the taxable property | ||||||
| 6 | for that portion of the district included in the elementary | ||||||
| 7 | and high school classification, to be ascertained by the last | ||||||
| 8 | assessment for State and county taxes. | ||||||
| 9 | Notwithstanding the provisions of any other law to the | ||||||
| 10 | contrary, in any case in which the voters of a school district | ||||||
| 11 | have approved a proposition for the issuance of bonds of such | ||||||
| 12 | school district at an election held prior to January 1, 1979, | ||||||
| 13 | and all of the bonds approved at such election have not been | ||||||
| 14 | issued, the debt limitation applicable to such school district | ||||||
| 15 | during the calendar year 1979 shall be computed by multiplying | ||||||
| 16 | the value of taxable property therein, including personal | ||||||
| 17 | property, as ascertained by the last assessment for State and | ||||||
| 18 | county taxes, previous to the incurring of such indebtedness, | ||||||
| 19 | by the percentage limitation applicable to such school | ||||||
| 20 | district under the provisions of this subsection (a). | ||||||
| 21 | (a-5) After January 1, 2018, no school district may issue | ||||||
| 22 | bonds under Sections 19-2 through 19-7 of this Code and rely on | ||||||
| 23 | an exception to the debt limitations in this Section unless it | ||||||
| 24 | has complied with the requirements of Section 21 of the Bond | ||||||
| 25 | Issue Notification Act and the bonds have been approved by | ||||||
| 26 | referendum. | ||||||
| |||||||
| |||||||
| 1 | (b) Notwithstanding the debt limitation prescribed in | ||||||
| 2 | subsection (a) of this Section, additional indebtedness may be | ||||||
| 3 | incurred in an amount not to exceed the estimated cost of | ||||||
| 4 | acquiring or improving school sites or constructing and | ||||||
| 5 | equipping additional building facilities under the following | ||||||
| 6 | conditions: | ||||||
| 7 | (1) Whenever the enrollment of students for the next | ||||||
| 8 | school year is estimated by the board of education to | ||||||
| 9 | increase over the actual present enrollment by not less | ||||||
| 10 | than 35% or by not less than 200 students or the actual | ||||||
| 11 | present enrollment of students has increased over the | ||||||
| 12 | previous school year by not less than 35% or by not less | ||||||
| 13 | than 200 students and the board of education determines | ||||||
| 14 | that additional school sites or building facilities are | ||||||
| 15 | required as a result of such increase in enrollment; and | ||||||
| 16 | (2) When the Regional Superintendent of Schools having | ||||||
| 17 | jurisdiction over the school district and the State | ||||||
| 18 | Superintendent of Education concur in such enrollment | ||||||
| 19 | projection or increase and approve the need for such | ||||||
| 20 | additional school sites or building facilities and the | ||||||
| 21 | estimated cost thereof; and | ||||||
| 22 | (3) When the voters in the school district approve a | ||||||
| 23 | proposition for the issuance of bonds for the purpose of | ||||||
| 24 | acquiring or improving such needed school sites or | ||||||
| 25 | constructing and equipping such needed additional building | ||||||
| 26 | facilities at an election called and held for that | ||||||
| |||||||
| |||||||
| 1 | purpose. Notice of such an election shall state that the | ||||||
| 2 | amount of indebtedness proposed to be incurred would | ||||||
| 3 | exceed the debt limitation otherwise applicable to the | ||||||
| 4 | school district. The ballot for such proposition shall | ||||||
| 5 | state what percentage of the equalized assessed valuation | ||||||
| 6 | will be outstanding in bonds if the proposed issuance of | ||||||
| 7 | bonds is approved by the voters; or | ||||||
| 8 | (4) Notwithstanding the provisions of paragraphs (1) | ||||||
| 9 | through (3) of this subsection (b), if the school board | ||||||
| 10 | determines that additional facilities are needed to | ||||||
| 11 | provide a quality educational program and not less than | ||||||
| 12 | 2/3 of those voting in an election called by the school | ||||||
| 13 | board on the question approve the issuance of bonds for | ||||||
| 14 | the construction of such facilities, the school district | ||||||
| 15 | may issue bonds for this purpose; or | ||||||
| 16 | (5) Notwithstanding the provisions of paragraphs (1) | ||||||
| 17 | through (3) of this subsection (b), if (i) the school | ||||||
| 18 | district has previously availed itself of the provisions | ||||||
| 19 | of paragraph (4) of this subsection (b) to enable it to | ||||||
| 20 | issue bonds, (ii) the voters of the school district have | ||||||
| 21 | not defeated a proposition for the issuance of bonds since | ||||||
| 22 | the referendum described in paragraph (4) of this | ||||||
| 23 | subsection (b) was held, (iii) the school board determines | ||||||
| 24 | that additional facilities are needed to provide a quality | ||||||
| 25 | educational program, and (iv) a majority of those voting | ||||||
| 26 | in an election called by the school board on the question | ||||||
| |||||||
| |||||||
| 1 | approve the issuance of bonds for the construction of such | ||||||
| 2 | facilities, the school district may issue bonds for this | ||||||
| 3 | purpose. | ||||||
| 4 | In no event shall the indebtedness incurred pursuant to | ||||||
| 5 | this subsection (b) and the existing indebtedness of the | ||||||
| 6 | school district exceed 15% of the value of the taxable | ||||||
| 7 | property therein to be ascertained by the last assessment for | ||||||
| 8 | State and county taxes, previous to the incurring of such | ||||||
| 9 | indebtedness or, until January 1, 1983, if greater, the sum | ||||||
| 10 | that is produced by multiplying the school district's 1978 | ||||||
| 11 | equalized assessed valuation by the debt limitation percentage | ||||||
| 12 | in effect on January 1, 1979. | ||||||
| 13 | The indebtedness provided for by this subsection (b) shall | ||||||
| 14 | be in addition to and in excess of any other debt limitation. | ||||||
| 15 | (c) Notwithstanding the debt limitation prescribed in | ||||||
| 16 | subsection (a) of this Section, in any case in which a public | ||||||
| 17 | question for the issuance of bonds of a proposed school | ||||||
| 18 | district maintaining grades kindergarten through 12 received | ||||||
| 19 | at least 60% of the valid ballots cast on the question at an | ||||||
| 20 | election held on or prior to November 8, 1994, and in which the | ||||||
| 21 | bonds approved at such election have not been issued, the | ||||||
| 22 | school district pursuant to the requirements of Section 11A-10 | ||||||
| 23 | (now repealed) may issue the total amount of bonds approved at | ||||||
| 24 | such election for the purpose stated in the question. | ||||||
| 25 | (d) Notwithstanding the debt limitation prescribed in | ||||||
| 26 | subsection (a) of this Section, a school district that meets | ||||||
| |||||||
| |||||||
| 1 | all the criteria set forth in paragraphs (1) and (2) of this | ||||||
| 2 | subsection (d) may incur an additional indebtedness in an | ||||||
| 3 | amount not to exceed $4,500,000, even though the amount of the | ||||||
| 4 | additional indebtedness authorized by this subsection (d), | ||||||
| 5 | when incurred and added to the aggregate amount of | ||||||
| 6 | indebtedness of the district existing immediately prior to the | ||||||
| 7 | district incurring the additional indebtedness authorized by | ||||||
| 8 | this subsection (d), causes the aggregate indebtedness of the | ||||||
| 9 | district to exceed the debt limitation otherwise applicable to | ||||||
| 10 | that district under subsection (a): | ||||||
| 11 | (1) The additional indebtedness authorized by this | ||||||
| 12 | subsection (d) is incurred by the school district through | ||||||
| 13 | the issuance of bonds under and in accordance with Section | ||||||
| 14 | 17-2.11a for the purpose of replacing a school building | ||||||
| 15 | which, because of mine subsidence damage, has been closed | ||||||
| 16 | as provided in paragraph (2) of this subsection (d) or | ||||||
| 17 | through the issuance of bonds under and in accordance with | ||||||
| 18 | Section 19-3 for the purpose of increasing the size of, or | ||||||
| 19 | providing for additional functions in, such replacement | ||||||
| 20 | school buildings, or both such purposes. | ||||||
| 21 | (2) The bonds issued by the school district as | ||||||
| 22 | provided in paragraph (1) above are issued for the | ||||||
| 23 | purposes of construction by the school district of a new | ||||||
| 24 | school building pursuant to Section 17-2.11, to replace an | ||||||
| 25 | existing school building that, because of mine subsidence | ||||||
| 26 | damage, is closed as of the end of the 1992-93 school year | ||||||
| |||||||
| |||||||
| 1 | pursuant to action of the regional superintendent of | ||||||
| 2 | schools of the educational service region in which the | ||||||
| 3 | district is located under Section 3-14.22 or are issued | ||||||
| 4 | for the purpose of increasing the size of, or providing | ||||||
| 5 | for additional functions in, the new school building being | ||||||
| 6 | constructed to replace a school building closed as the | ||||||
| 7 | result of mine subsidence damage, or both such purposes. | ||||||
| 8 | (e) (Blank). | ||||||
| 9 | (f) Notwithstanding the provisions of subsection (a) of | ||||||
| 10 | this Section or of any other law, bonds in not to exceed the | ||||||
| 11 | aggregate amount of $5,500,000 and issued by a school district | ||||||
| 12 | meeting the following criteria shall not be considered | ||||||
| 13 | indebtedness for purposes of any statutory limitation and may | ||||||
| 14 | be issued in an amount or amounts, including existing | ||||||
| 15 | indebtedness, in excess of any heretofore or hereafter imposed | ||||||
| 16 | statutory limitation as to indebtedness: | ||||||
| 17 | (1) At the time of the sale of such bonds, the board of | ||||||
| 18 | education of the district shall have determined by | ||||||
| 19 | resolution that the enrollment of students in the district | ||||||
| 20 | is projected to increase by not less than 7% during each of | ||||||
| 21 | the next succeeding 2 school years. | ||||||
| 22 | (2) The board of education shall also determine by | ||||||
| 23 | resolution that the improvements to be financed with the | ||||||
| 24 | proceeds of the bonds are needed because of the projected | ||||||
| 25 | enrollment increases. | ||||||
| 26 | (3) The board of education shall also determine by | ||||||
| |||||||
| |||||||
| 1 | resolution that the projected increases in enrollment are | ||||||
| 2 | the result of improvements made or expected to be made to | ||||||
| 3 | passenger rail facilities located in the school district. | ||||||
| 4 | Notwithstanding the provisions of subsection (a) of this | ||||||
| 5 | Section or of any other law, a school district that has availed | ||||||
| 6 | itself of the provisions of this subsection (f) prior to July | ||||||
| 7 | 22, 2004 (the effective date of Public Act 93-799) may also | ||||||
| 8 | issue bonds approved by referendum up to an amount, including | ||||||
| 9 | existing indebtedness, not exceeding 25% of the equalized | ||||||
| 10 | assessed value of the taxable property in the district if all | ||||||
| 11 | of the conditions set forth in items (1), (2), and (3) of this | ||||||
| 12 | subsection (f) are met. | ||||||
| 13 | (g) Notwithstanding the provisions of subsection (a) of | ||||||
| 14 | this Section or any other law, bonds in not to exceed an | ||||||
| 15 | aggregate amount of 25% of the equalized assessed value of the | ||||||
| 16 | taxable property of a school district and issued by a school | ||||||
| 17 | district meeting the criteria in paragraphs (i) through (iv) | ||||||
| 18 | of this subsection shall not be considered indebtedness for | ||||||
| 19 | purposes of any statutory limitation and may be issued | ||||||
| 20 | pursuant to resolution of the school board in an amount or | ||||||
| 21 | amounts, including existing indebtedness, in excess of any | ||||||
| 22 | statutory limitation of indebtedness heretofore or hereafter | ||||||
| 23 | imposed: | ||||||
| 24 | (i) The bonds are issued for the purpose of | ||||||
| 25 | constructing a new high school building to replace two | ||||||
| 26 | adjacent existing buildings which together house a single | ||||||
| |||||||
| |||||||
| 1 | high school, each of which is more than 65 years old, and | ||||||
| 2 | which together are located on more than 10 acres and less | ||||||
| 3 | than 11 acres of property. | ||||||
| 4 | (ii) At the time the resolution authorizing the | ||||||
| 5 | issuance of the bonds is adopted, the cost of constructing | ||||||
| 6 | a new school building to replace the existing school | ||||||
| 7 | building is less than 60% of the cost of repairing the | ||||||
| 8 | existing school building. | ||||||
| 9 | (iii) The sale of the bonds occurs before July 1, | ||||||
| 10 | 1997. | ||||||
| 11 | (iv) The school district issuing the bonds is a unit | ||||||
| 12 | school district located in a county of less than 70,000 | ||||||
| 13 | and more than 50,000 inhabitants, which has an average | ||||||
| 14 | daily attendance of less than 1,500 and an equalized | ||||||
| 15 | assessed valuation of less than $29,000,000. | ||||||
| 16 | (h) Notwithstanding any other provisions of this Section | ||||||
| 17 | or the provisions of any other law, until January 1, 1998, a | ||||||
| 18 | community unit school district maintaining grades K through 12 | ||||||
| 19 | may issue bonds up to an amount, including existing | ||||||
| 20 | indebtedness, not exceeding 27.6% of the equalized assessed | ||||||
| 21 | value of the taxable property in the district, if all of the | ||||||
| 22 | following conditions are met: | ||||||
| 23 | (i) The school district has an equalized assessed | ||||||
| 24 | valuation for calendar year 1995 of less than $24,000,000; | ||||||
| 25 | (ii) The bonds are issued for the capital improvement, | ||||||
| 26 | renovation, rehabilitation, or replacement of existing | ||||||
| |||||||
| |||||||
| 1 | school buildings of the district, all of which buildings | ||||||
| 2 | were originally constructed not less than 40 years ago; | ||||||
| 3 | (iii) The voters of the district approve a proposition | ||||||
| 4 | for the issuance of the bonds at a referendum held after | ||||||
| 5 | March 19, 1996; and | ||||||
| 6 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 7 | through 19-7 of this Code. | ||||||
| 8 | (i) Notwithstanding any other provisions of this Section | ||||||
| 9 | or the provisions of any other law, until January 1, 1998, a | ||||||
| 10 | community unit school district maintaining grades K through 12 | ||||||
| 11 | may issue bonds up to an amount, including existing | ||||||
| 12 | indebtedness, not exceeding 27% of the equalized assessed | ||||||
| 13 | value of the taxable property in the district, if all of the | ||||||
| 14 | following conditions are met: | ||||||
| 15 | (i) The school district has an equalized assessed | ||||||
| 16 | valuation for calendar year 1995 of less than $44,600,000; | ||||||
| 17 | (ii) The bonds are issued for the capital improvement, | ||||||
| 18 | renovation, rehabilitation, or replacement of existing | ||||||
| 19 | school buildings of the district, all of which existing | ||||||
| 20 | buildings were originally constructed not less than 80 | ||||||
| 21 | years ago; | ||||||
| 22 | (iii) The voters of the district approve a proposition | ||||||
| 23 | for the issuance of the bonds at a referendum held after | ||||||
| 24 | December 31, 1996; and | ||||||
| 25 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 26 | through 19-7 of this Code. | ||||||
| |||||||
| |||||||
| 1 | (j) Notwithstanding any other provisions of this Section | ||||||
| 2 | or the provisions of any other law, until January 1, 1999, a | ||||||
| 3 | community unit school district maintaining grades K through 12 | ||||||
| 4 | may issue bonds up to an amount, including existing | ||||||
| 5 | indebtedness, not exceeding 27% of the equalized assessed | ||||||
| 6 | value of the taxable property in the district if all of the | ||||||
| 7 | following conditions are met: | ||||||
| 8 | (i) The school district has an equalized assessed | ||||||
| 9 | valuation for calendar year 1995 of less than $140,000,000 | ||||||
| 10 | and a best 3 months average daily attendance for the | ||||||
| 11 | 1995-96 school year of at least 2,800; | ||||||
| 12 | (ii) The bonds are issued to purchase a site and build | ||||||
| 13 | and equip a new high school, and the school district's | ||||||
| 14 | existing high school was originally constructed not less | ||||||
| 15 | than 35 years prior to the sale of the bonds; | ||||||
| 16 | (iii) At the time of the sale of the bonds, the board | ||||||
| 17 | of education determines by resolution that a new high | ||||||
| 18 | school is needed because of projected enrollment | ||||||
| 19 | increases; | ||||||
| 20 | (iv) At least 60% of those voting in an election held | ||||||
| 21 | after December 31, 1996 approve a proposition for the | ||||||
| 22 | issuance of the bonds; and | ||||||
| 23 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
| 24 | through 19-7 of this Code. | ||||||
| 25 | (k) Notwithstanding the debt limitation prescribed in | ||||||
| 26 | subsection (a) of this Section, a school district that meets | ||||||
| |||||||
| |||||||
| 1 | all the criteria set forth in paragraphs (1) through (4) of | ||||||
| 2 | this subsection (k) may issue bonds to incur an additional | ||||||
| 3 | indebtedness in an amount not to exceed $4,000,000 even though | ||||||
| 4 | the amount of the additional indebtedness authorized by this | ||||||
| 5 | subsection (k), when incurred and added to the aggregate | ||||||
| 6 | amount of indebtedness of the school district existing | ||||||
| 7 | immediately prior to the school district incurring such | ||||||
| 8 | additional indebtedness, causes the aggregate indebtedness of | ||||||
| 9 | the school district to exceed or increases the amount by which | ||||||
| 10 | the aggregate indebtedness of the district already exceeds the | ||||||
| 11 | debt limitation otherwise applicable to that school district | ||||||
| 12 | under subsection (a): | ||||||
| 13 | (1) the school district is located in 2 counties, and | ||||||
| 14 | a referendum to authorize the additional indebtedness was | ||||||
| 15 | approved by a majority of the voters of the school | ||||||
| 16 | district voting on the proposition to authorize that | ||||||
| 17 | indebtedness; | ||||||
| 18 | (2) the additional indebtedness is for the purpose of | ||||||
| 19 | financing a multi-purpose room addition to the existing | ||||||
| 20 | high school; | ||||||
| 21 | (3) the additional indebtedness, together with the | ||||||
| 22 | existing indebtedness of the school district, shall not | ||||||
| 23 | exceed 17.4% of the value of the taxable property in the | ||||||
| 24 | school district, to be ascertained by the last assessment | ||||||
| 25 | for State and county taxes; and | ||||||
| 26 | (4) the bonds evidencing the additional indebtedness | ||||||
| |||||||
| |||||||
| 1 | are issued, if at all, within 120 days of August 14, 1998 | ||||||
| 2 | (the effective date of Public Act 90-757). | ||||||
| 3 | (l) Notwithstanding any other provisions of this Section | ||||||
| 4 | or the provisions of any other law, until January 1, 2000, a | ||||||
| 5 | school district maintaining grades kindergarten through 8 may | ||||||
| 6 | issue bonds up to an amount, including existing indebtedness, | ||||||
| 7 | not exceeding 15% of the equalized assessed value of the | ||||||
| 8 | taxable property in the district if all of the following | ||||||
| 9 | conditions are met: | ||||||
| 10 | (i) the district has an equalized assessed valuation | ||||||
| 11 | for calendar year 1996 of less than $10,000,000; | ||||||
| 12 | (ii) the bonds are issued for capital improvement, | ||||||
| 13 | renovation, rehabilitation, or replacement of one or more | ||||||
| 14 | school buildings of the district, which buildings were | ||||||
| 15 | originally constructed not less than 70 years ago; | ||||||
| 16 | (iii) the voters of the district approve a proposition | ||||||
| 17 | for the issuance of the bonds at a referendum held on or | ||||||
| 18 | after March 17, 1998; and | ||||||
| 19 | (iv) the bonds are issued pursuant to Sections 19-2 | ||||||
| 20 | through 19-7 of this Code. | ||||||
| 21 | (m) Notwithstanding any other provisions of this Section | ||||||
| 22 | or the provisions of any other law, until January 1, 1999, an | ||||||
| 23 | elementary school district maintaining grades K through 8 may | ||||||
| 24 | issue bonds up to an amount, excluding existing indebtedness, | ||||||
| 25 | not exceeding 18% of the equalized assessed value of the | ||||||
| 26 | taxable property in the district, if all of the following | ||||||
| |||||||
| |||||||
| 1 | conditions are met: | ||||||
| 2 | (i) The school district has an equalized assessed | ||||||
| 3 | valuation for calendar year 1995 or less than $7,700,000; | ||||||
| 4 | (ii) The school district operates 2 elementary | ||||||
| 5 | attendance centers that until 1976 were operated as the | ||||||
| 6 | attendance centers of 2 separate and distinct school | ||||||
| 7 | districts; | ||||||
| 8 | (iii) The bonds are issued for the construction of a | ||||||
| 9 | new elementary school building to replace an existing | ||||||
| 10 | multi-level elementary school building of the school | ||||||
| 11 | district that is not accessible at all levels and parts of | ||||||
| 12 | which were constructed more than 75 years ago; | ||||||
| 13 | (iv) The voters of the school district approve a | ||||||
| 14 | proposition for the issuance of the bonds at a referendum | ||||||
| 15 | held after July 1, 1998; and | ||||||
| 16 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
| 17 | through 19-7 of this Code. | ||||||
| 18 | (n) Notwithstanding the debt limitation prescribed in | ||||||
| 19 | subsection (a) of this Section or any other provisions of this | ||||||
| 20 | Section or of any other law, a school district that meets all | ||||||
| 21 | of the criteria set forth in paragraphs (i) through (vi) of | ||||||
| 22 | this subsection (n) may incur additional indebtedness by the | ||||||
| 23 | issuance of bonds in an amount not exceeding the amount | ||||||
| 24 | certified by the Capital Development Board to the school | ||||||
| 25 | district as provided in paragraph (iii) of this subsection | ||||||
| 26 | (n), even though the amount of the additional indebtedness so | ||||||
| |||||||
| |||||||
| 1 | authorized, when incurred and added to the aggregate amount of | ||||||
| 2 | indebtedness of the district existing immediately prior to the | ||||||
| 3 | district incurring the additional indebtedness authorized by | ||||||
| 4 | this subsection (n), causes the aggregate indebtedness of the | ||||||
| 5 | district to exceed the debt limitation otherwise applicable by | ||||||
| 6 | law to that district: | ||||||
| 7 | (i) The school district applies to the State Board of | ||||||
| 8 | Education for a school construction project grant and | ||||||
| 9 | submits a district facilities plan in support of its | ||||||
| 10 | application pursuant to Section 5-20 of the School | ||||||
| 11 | Construction Law. | ||||||
| 12 | (ii) The school district's application and facilities | ||||||
| 13 | plan are approved by, and the district receives a grant | ||||||
| 14 | entitlement for a school construction project issued by, | ||||||
| 15 | the State Board of Education under the School Construction | ||||||
| 16 | Law. | ||||||
| 17 | (iii) The school district has exhausted its bonding | ||||||
| 18 | capacity or the unused bonding capacity of the district is | ||||||
| 19 | less than the amount certified by the Capital Development | ||||||
| 20 | Board to the district under Section 5-15 of the School | ||||||
| 21 | Construction Law as the dollar amount of the school | ||||||
| 22 | construction project's cost that the district will be | ||||||
| 23 | required to finance with non-grant funds in order to | ||||||
| 24 | receive a school construction project grant under the | ||||||
| 25 | School Construction Law. | ||||||
| 26 | (iv) The bonds are issued for a "school construction | ||||||
| |||||||
| |||||||
| 1 | project", as that term is defined in Section 5-5 of the | ||||||
| 2 | School Construction Law, in an amount that does not exceed | ||||||
| 3 | the dollar amount certified, as provided in paragraph | ||||||
| 4 | (iii) of this subsection (n), by the Capital Development | ||||||
| 5 | Board to the school district under Section 5-15 of the | ||||||
| 6 | School Construction Law. | ||||||
| 7 | (v) The voters of the district approve a proposition | ||||||
| 8 | for the issuance of the bonds at a referendum held after | ||||||
| 9 | the criteria specified in paragraphs (i) and (iii) of this | ||||||
| 10 | subsection (n) are met. | ||||||
| 11 | (vi) The bonds are issued pursuant to Sections 19-2 | ||||||
| 12 | through 19-7 of the School Code. | ||||||
| 13 | (o) Notwithstanding any other provisions of this Section | ||||||
| 14 | or the provisions of any other law, until November 1, 2007, a | ||||||
| 15 | community unit school district maintaining grades K through 12 | ||||||
| 16 | may issue bonds up to an amount, including existing | ||||||
| 17 | indebtedness, not exceeding 20% of the equalized assessed | ||||||
| 18 | value of the taxable property in the district if all of the | ||||||
| 19 | following conditions are met: | ||||||
| 20 | (i) the school district has an equalized assessed | ||||||
| 21 | valuation for calendar year 2001 of at least $737,000,000 | ||||||
| 22 | and an enrollment for the 2002-2003 school year of at | ||||||
| 23 | least 8,500; | ||||||
| 24 | (ii) the bonds are issued to purchase school sites, | ||||||
| 25 | build and equip a new high school, build and equip a new | ||||||
| 26 | junior high school, build and equip 5 new elementary | ||||||
| |||||||
| |||||||
| 1 | schools, and make technology and other improvements and | ||||||
| 2 | additions to existing schools; | ||||||
| 3 | (iii) at the time of the sale of the bonds, the board | ||||||
| 4 | of education determines by resolution that the sites and | ||||||
| 5 | new or improved facilities are needed because of projected | ||||||
| 6 | enrollment increases; | ||||||
| 7 | (iv) at least 57% of those voting in a general | ||||||
| 8 | election held prior to January 1, 2003 approved a | ||||||
| 9 | proposition for the issuance of the bonds; and | ||||||
| 10 | (v) the bonds are issued pursuant to Sections 19-2 | ||||||
| 11 | through 19-7 of this Code. | ||||||
| 12 | (p) Notwithstanding any other provisions of this Section | ||||||
| 13 | or the provisions of any other law, a community unit school | ||||||
| 14 | district maintaining grades K through 12 may issue bonds up to | ||||||
| 15 | an amount, including indebtedness, not exceeding 27% of the | ||||||
| 16 | equalized assessed value of the taxable property in the | ||||||
| 17 | district if all of the following conditions are met: | ||||||
| 18 | (i) The school district has an equalized assessed | ||||||
| 19 | valuation for calendar year 2001 of at least $295,741,187 | ||||||
| 20 | and a best 3 months' average daily attendance for the | ||||||
| 21 | 2002-2003 school year of at least 2,394. | ||||||
| 22 | (ii) The bonds are issued to build and equip 3 | ||||||
| 23 | elementary school buildings; build and equip one middle | ||||||
| 24 | school building; and alter, repair, improve, and equip all | ||||||
| 25 | existing school buildings in the district. | ||||||
| 26 | (iii) At the time of the sale of the bonds, the board | ||||||
| |||||||
| |||||||
| 1 | of education determines by resolution that the project is | ||||||
| 2 | needed because of expanding growth in the school district | ||||||
| 3 | and a projected enrollment increase. | ||||||
| 4 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
| 5 | through 19-7 of this Code. | ||||||
| 6 | (p-5) Notwithstanding any other provisions of this Section | ||||||
| 7 | or the provisions of any other law, bonds issued by a community | ||||||
| 8 | unit school district maintaining grades K through 12 shall not | ||||||
| 9 | be considered indebtedness for purposes of any statutory | ||||||
| 10 | limitation and may be issued in an amount or amounts, | ||||||
| 11 | including existing indebtedness, in excess of any heretofore | ||||||
| 12 | or hereafter imposed statutory limitation as to indebtedness, | ||||||
| 13 | if all of the following conditions are met: | ||||||
| 14 | (i) For each of the 4 most recent years, residential | ||||||
| 15 | property comprises more than 80% of the equalized assessed | ||||||
| 16 | valuation of the district. | ||||||
| 17 | (ii) At least 2 school buildings that were constructed | ||||||
| 18 | 40 or more years prior to the issuance of the bonds will be | ||||||
| 19 | demolished and will be replaced by new buildings or | ||||||
| 20 | additions to one or more existing buildings. | ||||||
| 21 | (iii) Voters of the district approve a proposition for | ||||||
| 22 | the issuance of the bonds at a regularly scheduled | ||||||
| 23 | election. | ||||||
| 24 | (iv) At the time of the sale of the bonds, the school | ||||||
| 25 | board determines by resolution that the new buildings or | ||||||
| 26 | building additions are needed because of an increase in | ||||||
| |||||||
| |||||||
| 1 | enrollment projected by the school board. | ||||||
| 2 | (v) The principal amount of the bonds, including | ||||||
| 3 | existing indebtedness, does not exceed 25% of the | ||||||
| 4 | equalized assessed value of the taxable property in the | ||||||
| 5 | district. | ||||||
| 6 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
| 7 | pursuant to Sections 19-2 through 19-7 of this Code. | ||||||
| 8 | (p-10) Notwithstanding any other provisions of this | ||||||
| 9 | Section or the provisions of any other law, bonds issued by a | ||||||
| 10 | community consolidated school district maintaining grades K | ||||||
| 11 | through 8 shall not be considered indebtedness for purposes of | ||||||
| 12 | any statutory limitation and may be issued in an amount or | ||||||
| 13 | amounts, including existing indebtedness, in excess of any | ||||||
| 14 | heretofore or hereafter imposed statutory limitation as to | ||||||
| 15 | indebtedness, if all of the following conditions are met: | ||||||
| 16 | (i) For each of the 4 most recent years, residential | ||||||
| 17 | and farm property comprises more than 80% of the equalized | ||||||
| 18 | assessed valuation of the district. | ||||||
| 19 | (ii) The bond proceeds are to be used to acquire and | ||||||
| 20 | improve school sites and build and equip a school | ||||||
| 21 | building. | ||||||
| 22 | (iii) Voters of the district approve a proposition for | ||||||
| 23 | the issuance of the bonds at a regularly scheduled | ||||||
| 24 | election. | ||||||
| 25 | (iv) At the time of the sale of the bonds, the school | ||||||
| 26 | board determines by resolution that the school sites and | ||||||
| |||||||
| |||||||
| 1 | building additions are needed because of an increase in | ||||||
| 2 | enrollment projected by the school board. | ||||||
| 3 | (v) The principal amount of the bonds, including | ||||||
| 4 | existing indebtedness, does not exceed 20% of the | ||||||
| 5 | equalized assessed value of the taxable property in the | ||||||
| 6 | district. | ||||||
| 7 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
| 8 | pursuant to Sections 19-2 through 19-7 of this Code. | ||||||
| 9 | (p-15) In addition to all other authority to issue bonds, | ||||||
| 10 | the Oswego Community Unit School District Number 308 may issue | ||||||
| 11 | bonds with an aggregate principal amount not to exceed | ||||||
| 12 | $450,000,000, but only if all of the following conditions are | ||||||
| 13 | met: | ||||||
| 14 | (i) The voters of the district have approved a | ||||||
| 15 | proposition for the bond issue at the general election | ||||||
| 16 | held on November 7, 2006. | ||||||
| 17 | (ii) At the time of the sale of the bonds, the school | ||||||
| 18 | board determines, by resolution, that: (A) the building | ||||||
| 19 | and equipping of the new high school building, new junior | ||||||
| 20 | high school buildings, new elementary school buildings, | ||||||
| 21 | early childhood building, maintenance building, | ||||||
| 22 | transportation facility, and additions to existing school | ||||||
| 23 | buildings, the altering, repairing, equipping, and | ||||||
| 24 | provision of technology improvements to existing school | ||||||
| 25 | buildings, and the acquisition and improvement of school | ||||||
| 26 | sites, as the case may be, are required as a result of a | ||||||
| |||||||
| |||||||
| 1 | projected increase in the enrollment of students in the | ||||||
| 2 | district; and (B) the sale of bonds for these purposes is | ||||||
| 3 | authorized by legislation that exempts the debt incurred | ||||||
| 4 | on the bonds from the district's statutory debt | ||||||
| 5 | limitation. | ||||||
| 6 | (iii) The bonds are issued, in one or more bond | ||||||
| 7 | issues, on or before November 7, 2011, but the aggregate | ||||||
| 8 | principal amount issued in all such bond issues combined | ||||||
| 9 | must not exceed $450,000,000. | ||||||
| 10 | (iv) The bonds are issued in accordance with this | ||||||
| 11 | Article 19. | ||||||
| 12 | (v) The proceeds of the bonds are used only to | ||||||
| 13 | accomplish those projects approved by the voters at the | ||||||
| 14 | general election held on November 7, 2006. | ||||||
| 15 | The debt incurred on any bonds issued under this subsection | ||||||
| 16 | (p-15) shall not be considered indebtedness for purposes of | ||||||
| 17 | any statutory debt limitation. | ||||||
| 18 | (p-20) In addition to all other authority to issue bonds, | ||||||
| 19 | the Lincoln-Way Community High School District Number 210 may | ||||||
| 20 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 21 | $225,000,000, but only if all of the following conditions are | ||||||
| 22 | met: | ||||||
| 23 | (i) The voters of the district have approved a | ||||||
| 24 | proposition for the bond issue at the general primary | ||||||
| 25 | election held on March 21, 2006. | ||||||
| 26 | (ii) At the time of the sale of the bonds, the school | ||||||
| |||||||
| |||||||
| 1 | board determines, by resolution, that: (A) the building | ||||||
| 2 | and equipping of the new high school buildings, the | ||||||
| 3 | altering, repairing, and equipping of existing school | ||||||
| 4 | buildings, and the improvement of school sites, as the | ||||||
| 5 | case may be, are required as a result of a projected | ||||||
| 6 | increase in the enrollment of students in the district; | ||||||
| 7 | and (B) the sale of bonds for these purposes is authorized | ||||||
| 8 | by legislation that exempts the debt incurred on the bonds | ||||||
| 9 | from the district's statutory debt limitation. | ||||||
| 10 | (iii) The bonds are issued, in one or more bond | ||||||
| 11 | issues, on or before March 21, 2011, but the aggregate | ||||||
| 12 | principal amount issued in all such bond issues combined | ||||||
| 13 | must not exceed $225,000,000. | ||||||
| 14 | (iv) The bonds are issued in accordance with this | ||||||
| 15 | Article 19. | ||||||
| 16 | (v) The proceeds of the bonds are used only to | ||||||
| 17 | accomplish those projects approved by the voters at the | ||||||
| 18 | primary election held on March 21, 2006. | ||||||
| 19 | The debt incurred on any bonds issued under this subsection | ||||||
| 20 | (p-20) shall not be considered indebtedness for purposes of | ||||||
| 21 | any statutory debt limitation. | ||||||
| 22 | (p-25) In addition to all other authority to issue bonds, | ||||||
| 23 | Rochester Community Unit School District 3A may issue bonds | ||||||
| 24 | with an aggregate principal amount not to exceed $18,500,000, | ||||||
| 25 | but only if all of the following conditions are met: | ||||||
| 26 | (i) The voters of the district approve a proposition | ||||||
| |||||||
| |||||||
| 1 | for the bond issuance at the general primary election held | ||||||
| 2 | in 2008. | ||||||
| 3 | (ii) At the time of the sale of the bonds, the school | ||||||
| 4 | board determines, by resolution, that: (A) the building | ||||||
| 5 | and equipping of a new high school building; the addition | ||||||
| 6 | of classrooms and support facilities at the high school, | ||||||
| 7 | middle school, and elementary school; the altering, | ||||||
| 8 | repairing, and equipping of existing school buildings; and | ||||||
| 9 | the improvement of school sites, as the case may be, are | ||||||
| 10 | required as a result of a projected increase in the | ||||||
| 11 | enrollment of students in the district; and (B) the sale | ||||||
| 12 | of bonds for these purposes is authorized by a law that | ||||||
| 13 | exempts the debt incurred on the bonds from the district's | ||||||
| 14 | statutory debt limitation. | ||||||
| 15 | (iii) The bonds are issued, in one or more bond | ||||||
| 16 | issues, on or before December 31, 2012, but the aggregate | ||||||
| 17 | principal amount issued in all such bond issues combined | ||||||
| 18 | must not exceed $18,500,000. | ||||||
| 19 | (iv) The bonds are issued in accordance with this | ||||||
| 20 | Article 19. | ||||||
| 21 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 22 | only those projects approved by the voters at the primary | ||||||
| 23 | election held in 2008. | ||||||
| 24 | The debt incurred on any bonds issued under this subsection | ||||||
| 25 | (p-25) shall not be considered indebtedness for purposes of | ||||||
| 26 | any statutory debt limitation. | ||||||
| |||||||
| |||||||
| 1 | (p-30) In addition to all other authority to issue bonds, | ||||||
| 2 | Prairie Grove Consolidated School District 46 may issue bonds | ||||||
| 3 | with an aggregate principal amount not to exceed $30,000,000, | ||||||
| 4 | but only if all of the following conditions are met: | ||||||
| 5 | (i) The voters of the district approve a proposition | ||||||
| 6 | for the bond issuance at an election held in 2008. | ||||||
| 7 | (ii) At the time of the sale of the bonds, the school | ||||||
| 8 | board determines, by resolution, that (A) the building and | ||||||
| 9 | equipping of a new school building and additions to | ||||||
| 10 | existing school buildings are required as a result of a | ||||||
| 11 | projected increase in the enrollment of students in the | ||||||
| 12 | district and (B) the altering, repairing, and equipping of | ||||||
| 13 | existing school buildings are required because of the age | ||||||
| 14 | of the existing school buildings. | ||||||
| 15 | (iii) The bonds are issued, in one or more bond | ||||||
| 16 | issuances, on or before December 31, 2012; however, the | ||||||
| 17 | aggregate principal amount issued in all such bond | ||||||
| 18 | issuances combined must not exceed $30,000,000. | ||||||
| 19 | (iv) The bonds are issued in accordance with this | ||||||
| 20 | Article. | ||||||
| 21 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 22 | only those projects approved by the voters at an election | ||||||
| 23 | held in 2008. | ||||||
| 24 | The debt incurred on any bonds issued under this subsection | ||||||
| 25 | (p-30) shall not be considered indebtedness for purposes of | ||||||
| 26 | any statutory debt limitation. | ||||||
| |||||||
| |||||||
| 1 | (p-35) In addition to all other authority to issue bonds, | ||||||
| 2 | Prairie Hill Community Consolidated School District 133 may | ||||||
| 3 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 4 | $13,900,000, but only if all of the following conditions are | ||||||
| 5 | met: | ||||||
| 6 | (i) The voters of the district approved a proposition | ||||||
| 7 | for the bond issuance at an election held on April 17, | ||||||
| 8 | 2007. | ||||||
| 9 | (ii) At the time of the sale of the bonds, the school | ||||||
| 10 | board determines, by resolution, that (A) the improvement | ||||||
| 11 | of the site of and the building and equipping of a school | ||||||
| 12 | building are required as a result of a projected increase | ||||||
| 13 | in the enrollment of students in the district and (B) the | ||||||
| 14 | repairing and equipping of the Prairie Hill Elementary | ||||||
| 15 | School building is required because of the age of that | ||||||
| 16 | school building. | ||||||
| 17 | (iii) The bonds are issued, in one or more bond | ||||||
| 18 | issuances, on or before December 31, 2011, but the | ||||||
| 19 | aggregate principal amount issued in all such bond | ||||||
| 20 | issuances combined must not exceed $13,900,000. | ||||||
| 21 | (iv) The bonds are issued in accordance with this | ||||||
| 22 | Article. | ||||||
| 23 | (v) The proceeds of the bonds are used to accomplish | ||||||
| 24 | only those projects approved by the voters at an election | ||||||
| 25 | held on April 17, 2007. | ||||||
| 26 | The debt incurred on any bonds issued under this subsection | ||||||
| |||||||
| |||||||
| 1 | (p-35) shall not be considered indebtedness for purposes of | ||||||
| 2 | any statutory debt limitation. | ||||||
| 3 | (p-40) In addition to all other authority to issue bonds, | ||||||
| 4 | Mascoutah Community Unit District 19 may issue bonds with an | ||||||
| 5 | aggregate principal amount not to exceed $55,000,000, but only | ||||||
| 6 | if all of the following conditions are met: | ||||||
| 7 | (1) The voters of the district approve a proposition | ||||||
| 8 | for the bond issuance at a regular election held on or | ||||||
| 9 | after November 4, 2008. | ||||||
| 10 | (2) At the time of the sale of the bonds, the school | ||||||
| 11 | board determines, by resolution, that (i) the building and | ||||||
| 12 | equipping of a new high school building is required as a | ||||||
| 13 | result of a projected increase in the enrollment of | ||||||
| 14 | students in the district and the age and condition of the | ||||||
| 15 | existing high school building, (ii) the existing high | ||||||
| 16 | school building will be demolished, and (iii) the sale of | ||||||
| 17 | bonds is authorized by statute that exempts the debt | ||||||
| 18 | incurred on the bonds from the district's statutory debt | ||||||
| 19 | limitation. | ||||||
| 20 | (3) The bonds are issued, in one or more bond | ||||||
| 21 | issuances, on or before December 31, 2011, but the | ||||||
| 22 | aggregate principal amount issued in all such bond | ||||||
| 23 | issuances combined must not exceed $55,000,000. | ||||||
| 24 | (4) The bonds are issued in accordance with this | ||||||
| 25 | Article. | ||||||
| 26 | (5) The proceeds of the bonds are used to accomplish | ||||||
| |||||||
| |||||||
| 1 | only those projects approved by the voters at a regular | ||||||
| 2 | election held on or after November 4, 2008. | ||||||
| 3 | The debt incurred on any bonds issued under this | ||||||
| 4 | subsection (p-40) shall not be considered indebtedness for | ||||||
| 5 | purposes of any statutory debt limitation. | ||||||
| 6 | (p-45) Notwithstanding the provisions of subsection (a) of | ||||||
| 7 | this Section or of any other law, bonds issued pursuant to | ||||||
| 8 | Section 19-3.5 of this Code shall not be considered | ||||||
| 9 | indebtedness for purposes of any statutory limitation if the | ||||||
| 10 | bonds are issued in an amount or amounts, including existing | ||||||
| 11 | indebtedness of the school district, not in excess of 18.5% of | ||||||
| 12 | the value of the taxable property in the district to be | ||||||
| 13 | ascertained by the last assessment for State and county taxes. | ||||||
| 14 | (p-50) Notwithstanding the provisions of subsection (a) of | ||||||
| 15 | this Section or of any other law, bonds issued pursuant to | ||||||
| 16 | Section 19-3.10 of this Code shall not be considered | ||||||
| 17 | indebtedness for purposes of any statutory limitation if the | ||||||
| 18 | bonds are issued in an amount or amounts, including existing | ||||||
| 19 | indebtedness of the school district, not in excess of 43% of | ||||||
| 20 | the value of the taxable property in the district to be | ||||||
| 21 | ascertained by the last assessment for State and county taxes. | ||||||
| 22 | (p-55) In addition to all other authority to issue bonds, | ||||||
| 23 | Belle Valley School District 119 may issue bonds with an | ||||||
| 24 | aggregate principal amount not to exceed $47,500,000, but only | ||||||
| 25 | if all of the following conditions are met: | ||||||
| 26 | (1) The voters of the district approve a proposition | ||||||
| |||||||
| |||||||
| 1 | for the bond issuance at an election held on or after April | ||||||
| 2 | 7, 2009. | ||||||
| 3 | (2) Prior to the issuance of the bonds, the school | ||||||
| 4 | board determines, by resolution, that (i) the building and | ||||||
| 5 | equipping of a new school building is required as a result | ||||||
| 6 | of mine subsidence in an existing school building and | ||||||
| 7 | because of the age and condition of another existing | ||||||
| 8 | school building and (ii) the issuance of bonds is | ||||||
| 9 | authorized by statute that exempts the debt incurred on | ||||||
| 10 | the bonds from the district's statutory debt limitation. | ||||||
| 11 | (3) The bonds are issued, in one or more bond | ||||||
| 12 | issuances, on or before March 31, 2014, but the aggregate | ||||||
| 13 | principal amount issued in all such bond issuances | ||||||
| 14 | combined must not exceed $47,500,000. | ||||||
| 15 | (4) The bonds are issued in accordance with this | ||||||
| 16 | Article. | ||||||
| 17 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 18 | only those projects approved by the voters at an election | ||||||
| 19 | held on or after April 7, 2009. | ||||||
| 20 | The debt incurred on any bonds issued under this | ||||||
| 21 | subsection (p-55) shall not be considered indebtedness for | ||||||
| 22 | purposes of any statutory debt limitation. Bonds issued under | ||||||
| 23 | this subsection (p-55) must mature within not to exceed 30 | ||||||
| 24 | years from their date, notwithstanding any other law to the | ||||||
| 25 | contrary. | ||||||
| 26 | (p-60) In addition to all other authority to issue bonds, | ||||||
| |||||||
| |||||||
| 1 | Wilmington Community Unit School District Number 209-U may | ||||||
| 2 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 3 | $2,285,000, but only if all of the following conditions are | ||||||
| 4 | met: | ||||||
| 5 | (1) The proceeds of the bonds are used to accomplish | ||||||
| 6 | only those projects approved by the voters at the general | ||||||
| 7 | primary election held on March 21, 2006. | ||||||
| 8 | (2) Prior to the issuance of the bonds, the school | ||||||
| 9 | board determines, by resolution, that (i) the projects | ||||||
| 10 | approved by the voters were and are required because of | ||||||
| 11 | the age and condition of the school district's prior and | ||||||
| 12 | existing school buildings and (ii) the issuance of the | ||||||
| 13 | bonds is authorized by legislation that exempts the debt | ||||||
| 14 | incurred on the bonds from the district's statutory debt | ||||||
| 15 | limitation. | ||||||
| 16 | (3) The bonds are issued in one or more bond issuances | ||||||
| 17 | on or before March 1, 2011, but the aggregate principal | ||||||
| 18 | amount issued in all those bond issuances combined must | ||||||
| 19 | not exceed $2,285,000. | ||||||
| 20 | (4) The bonds are issued in accordance with this | ||||||
| 21 | Article. | ||||||
| 22 | The debt incurred on any bonds issued under this | ||||||
| 23 | subsection (p-60) shall not be considered indebtedness for | ||||||
| 24 | purposes of any statutory debt limitation. | ||||||
| 25 | (p-65) In addition to all other authority to issue bonds, | ||||||
| 26 | West Washington County Community Unit School District 10 may | ||||||
| |||||||
| |||||||
| 1 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 2 | $32,200,000 and maturing over a period not exceeding 25 years, | ||||||
| 3 | but only if all of the following conditions are met: | ||||||
| 4 | (1) The voters of the district approve a proposition | ||||||
| 5 | for the bond issuance at an election held on or after | ||||||
| 6 | February 2, 2010. | ||||||
| 7 | (2) Prior to the issuance of the bonds, the school | ||||||
| 8 | board determines, by resolution, that (A) all or a portion | ||||||
| 9 | of the existing Okawville Junior/Senior High School | ||||||
| 10 | Building will be demolished; (B) the building and | ||||||
| 11 | equipping of a new school building to be attached to and | ||||||
| 12 | the alteration, repair, and equipping of the remaining | ||||||
| 13 | portion of the Okawville Junior/Senior High School | ||||||
| 14 | Building is required because of the age and current | ||||||
| 15 | condition of that school building; and (C) the issuance of | ||||||
| 16 | bonds is authorized by a statute that exempts the debt | ||||||
| 17 | incurred on the bonds from the district's statutory debt | ||||||
| 18 | limitation. | ||||||
| 19 | (3) The bonds are issued, in one or more bond | ||||||
| 20 | issuances, on or before March 31, 2014, but the aggregate | ||||||
| 21 | principal amount issued in all such bond issuances | ||||||
| 22 | combined must not exceed $32,200,000. | ||||||
| 23 | (4) The bonds are issued in accordance with this | ||||||
| 24 | Article. | ||||||
| 25 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 26 | only those projects approved by the voters at an election | ||||||
| |||||||
| |||||||
| 1 | held on or after February 2, 2010. | ||||||
| 2 | The debt incurred on any bonds issued under this | ||||||
| 3 | subsection (p-65) shall not be considered indebtedness for | ||||||
| 4 | purposes of any statutory debt limitation. | ||||||
| 5 | (p-70) In addition to all other authority to issue bonds, | ||||||
| 6 | Cahokia Community Unit School District 187 may issue bonds | ||||||
| 7 | with an aggregate principal amount not to exceed $50,000,000, | ||||||
| 8 | but only if all the following conditions are met: | ||||||
| 9 | (1) The voters of the district approve a proposition | ||||||
| 10 | for the bond issuance at an election held on or after | ||||||
| 11 | November 2, 2010. | ||||||
| 12 | (2) Prior to the issuance of the bonds, the school | ||||||
| 13 | board determines, by resolution, that (i) the building and | ||||||
| 14 | equipping of a new school building is required as a result | ||||||
| 15 | of the age and condition of an existing school building | ||||||
| 16 | and (ii) the issuance of bonds is authorized by a statute | ||||||
| 17 | that exempts the debt incurred on the bonds from the | ||||||
| 18 | district's statutory debt limitation. | ||||||
| 19 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 20 | or before July 1, 2016, but the aggregate principal amount | ||||||
| 21 | issued in all such bond issuances combined must not exceed | ||||||
| 22 | $50,000,000. | ||||||
| 23 | (4) The bonds are issued in accordance with this | ||||||
| 24 | Article. | ||||||
| 25 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 26 | only those projects approved by the voters at an election | ||||||
| |||||||
| |||||||
| 1 | held on or after November 2, 2010. | ||||||
| 2 | The debt incurred on any bonds issued under this | ||||||
| 3 | subsection (p-70) shall not be considered indebtedness for | ||||||
| 4 | purposes of any statutory debt limitation. Bonds issued under | ||||||
| 5 | this subsection (p-70) must mature within not to exceed 25 | ||||||
| 6 | years from their date, notwithstanding any other law, | ||||||
| 7 | including Section 19-3 of this Code, to the contrary. | ||||||
| 8 | (p-75) Notwithstanding the debt limitation prescribed in | ||||||
| 9 | subsection (a) of this Section or any other provisions of this | ||||||
| 10 | Section or of any other law, the execution of leases on or | ||||||
| 11 | after January 1, 2007 and before July 1, 2011 by the Board of | ||||||
| 12 | Education of Peoria School District 150 with a public building | ||||||
| 13 | commission for leases entered into pursuant to the Public | ||||||
| 14 | Building Commission Act shall not be considered indebtedness | ||||||
| 15 | for purposes of any statutory debt limitation. | ||||||
| 16 | This subsection (p-75) applies only if the State Board of | ||||||
| 17 | Education or the Capital Development Board makes one or more | ||||||
| 18 | grants to Peoria School District 150 pursuant to the School | ||||||
| 19 | Construction Law. The amount exempted from the debt limitation | ||||||
| 20 | as prescribed in this subsection (p-75) shall be no greater | ||||||
| 21 | than the amount of one or more grants awarded to Peoria School | ||||||
| 22 | District 150 by the State Board of Education or the Capital | ||||||
| 23 | Development Board. | ||||||
| 24 | (p-80) In addition to all other authority to issue bonds, | ||||||
| 25 | Ridgeland School District 122 may issue bonds with an | ||||||
| 26 | aggregate principal amount not to exceed $50,000,000 for the | ||||||
| |||||||
| |||||||
| 1 | purpose of refunding or continuing to refund bonds originally | ||||||
| 2 | issued pursuant to voter approval at the general election held | ||||||
| 3 | on November 7, 2000, and the debt incurred on any bonds issued | ||||||
| 4 | under this subsection (p-80) shall not be considered | ||||||
| 5 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 6 | Bonds issued under this subsection (p-80) may be issued in one | ||||||
| 7 | or more issuances and must mature within not to exceed 25 years | ||||||
| 8 | from their date, notwithstanding any other law, including | ||||||
| 9 | Section 19-3 of this Code, to the contrary. | ||||||
| 10 | (p-85) In addition to all other authority to issue bonds, | ||||||
| 11 | Hall High School District 502 may issue bonds with an | ||||||
| 12 | aggregate principal amount not to exceed $32,000,000, but only | ||||||
| 13 | if all the following conditions are met: | ||||||
| 14 | (1) The voters of the district approve a proposition | ||||||
| 15 | for the bond issuance at an election held on or after April | ||||||
| 16 | 9, 2013. | ||||||
| 17 | (2) Prior to the issuance of the bonds, the school | ||||||
| 18 | board determines, by resolution, that (i) the building and | ||||||
| 19 | equipping of a new school building is required as a result | ||||||
| 20 | of the age and condition of an existing school building, | ||||||
| 21 | (ii) the existing school building should be demolished in | ||||||
| 22 | its entirety or the existing school building should be | ||||||
| 23 | demolished except for the 1914 west wing of the building, | ||||||
| 24 | and (iii) the issuance of bonds is authorized by a statute | ||||||
| 25 | that exempts the debt incurred on the bonds from the | ||||||
| 26 | district's statutory debt limitation. | ||||||
| |||||||
| |||||||
| 1 | (3) The bonds are issued, in one or more issuances, | ||||||
| 2 | not later than 5 years after the date of the referendum | ||||||
| 3 | approving the issuance of the bonds, but the aggregate | ||||||
| 4 | principal amount issued in all such bond issuances | ||||||
| 5 | combined must not exceed $32,000,000. | ||||||
| 6 | (4) The bonds are issued in accordance with this | ||||||
| 7 | Article. | ||||||
| 8 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 9 | only those projects approved by the voters at an election | ||||||
| 10 | held on or after April 9, 2013. | ||||||
| 11 | The debt incurred on any bonds issued under this | ||||||
| 12 | subsection (p-85) shall not be considered indebtedness for | ||||||
| 13 | purposes of any statutory debt limitation. Bonds issued under | ||||||
| 14 | this subsection (p-85) must mature within not to exceed 30 | ||||||
| 15 | years from their date, notwithstanding any other law, | ||||||
| 16 | including Section 19-3 of this Code, to the contrary. | ||||||
| 17 | (p-90) In addition to all other authority to issue bonds, | ||||||
| 18 | Lebanon Community Unit School District 9 may issue bonds with | ||||||
| 19 | an aggregate principal amount not to exceed $7,500,000, but | ||||||
| 20 | only if all of the following conditions are met: | ||||||
| 21 | (1) The voters of the district approved a proposition | ||||||
| 22 | for the bond issuance at the general primary election on | ||||||
| 23 | February 2, 2010. | ||||||
| 24 | (2) At or prior to the time of the sale of the bonds, | ||||||
| 25 | the school board determines, by resolution, that (i) the | ||||||
| 26 | building and equipping of a new elementary school building | ||||||
| |||||||
| |||||||
| 1 | is required as a result of a projected increase in the | ||||||
| 2 | enrollment of students in the district and the age and | ||||||
| 3 | condition of the existing Lebanon Elementary School | ||||||
| 4 | building, (ii) a portion of the existing Lebanon | ||||||
| 5 | Elementary School building will be demolished and the | ||||||
| 6 | remaining portion will be altered, repaired, and equipped, | ||||||
| 7 | and (iii) the sale of bonds is authorized by a statute that | ||||||
| 8 | exempts the debt incurred on the bonds from the district's | ||||||
| 9 | statutory debt limitation. | ||||||
| 10 | (3) The bonds are issued, in one or more bond | ||||||
| 11 | issuances, on or before April 1, 2014, but the aggregate | ||||||
| 12 | principal amount issued in all such bond issuances | ||||||
| 13 | combined must not exceed $7,500,000. | ||||||
| 14 | (4) The bonds are issued in accordance with this | ||||||
| 15 | Article. | ||||||
| 16 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 17 | only those projects approved by the voters at the general | ||||||
| 18 | primary election held on February 2, 2010. | ||||||
| 19 | The debt incurred on any bonds issued under this | ||||||
| 20 | subsection (p-90) shall not be considered indebtedness for | ||||||
| 21 | purposes of any statutory debt limitation. | ||||||
| 22 | (p-95) In addition to all other authority to issue bonds, | ||||||
| 23 | Monticello Community Unit School District 25 may issue bonds | ||||||
| 24 | with an aggregate principal amount not to exceed $35,000,000, | ||||||
| 25 | but only if all of the following conditions are met: | ||||||
| 26 | (1) The voters of the district approve a proposition | ||||||
| |||||||
| |||||||
| 1 | for the bond issuance at an election held on or after | ||||||
| 2 | November 4, 2014. | ||||||
| 3 | (2) Prior to the issuance of the bonds, the school | ||||||
| 4 | board determines, by resolution, that (i) the building and | ||||||
| 5 | equipping of a new school building is required as a result | ||||||
| 6 | of the age and condition of an existing school building | ||||||
| 7 | and (ii) the issuance of bonds is authorized by a statute | ||||||
| 8 | that exempts the debt incurred on the bonds from the | ||||||
| 9 | district's statutory debt limitation. | ||||||
| 10 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 11 | or before July 1, 2020, but the aggregate principal amount | ||||||
| 12 | issued in all such bond issuances combined must not exceed | ||||||
| 13 | $35,000,000. | ||||||
| 14 | (4) The bonds are issued in accordance with this | ||||||
| 15 | Article. | ||||||
| 16 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 17 | only those projects approved by the voters at an election | ||||||
| 18 | held on or after November 4, 2014. | ||||||
| 19 | The debt incurred on any bonds issued under this | ||||||
| 20 | subsection (p-95) shall not be considered indebtedness for | ||||||
| 21 | purposes of any statutory debt limitation. Bonds issued under | ||||||
| 22 | this subsection (p-95) must mature within not to exceed 25 | ||||||
| 23 | years from their date, notwithstanding any other law, | ||||||
| 24 | including Section 19-3 of this Code, to the contrary. | ||||||
| 25 | (p-100) In addition to all other authority to issue bonds, | ||||||
| 26 | the community unit school district created in the territory | ||||||
| |||||||
| |||||||
| 1 | comprising Milford Community Consolidated School District 280 | ||||||
| 2 | and Milford Township High School District 233, as approved at | ||||||
| 3 | the general primary election held on March 18, 2014, may issue | ||||||
| 4 | bonds with an aggregate principal amount not to exceed | ||||||
| 5 | $17,500,000, but only if all the following conditions are met: | ||||||
| 6 | (1) The voters of the district approve a proposition | ||||||
| 7 | for the bond issuance at an election held on or after | ||||||
| 8 | November 4, 2014. | ||||||
| 9 | (2) Prior to the issuance of the bonds, the school | ||||||
| 10 | board determines, by resolution, that (i) the building and | ||||||
| 11 | equipping of a new school building is required as a result | ||||||
| 12 | of the age and condition of an existing school building | ||||||
| 13 | and (ii) the issuance of bonds is authorized by a statute | ||||||
| 14 | that exempts the debt incurred on the bonds from the | ||||||
| 15 | district's statutory debt limitation. | ||||||
| 16 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 17 | or before July 1, 2020, but the aggregate principal amount | ||||||
| 18 | issued in all such bond issuances combined must not exceed | ||||||
| 19 | $17,500,000. | ||||||
| 20 | (4) The bonds are issued in accordance with this | ||||||
| 21 | Article. | ||||||
| 22 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 23 | only those projects approved by the voters at an election | ||||||
| 24 | held on or after November 4, 2014. | ||||||
| 25 | The debt incurred on any bonds issued under this | ||||||
| 26 | subsection (p-100) shall not be considered indebtedness for | ||||||
| |||||||
| |||||||
| 1 | purposes of any statutory debt limitation. Bonds issued under | ||||||
| 2 | this subsection (p-100) must mature within not to exceed 25 | ||||||
| 3 | years from their date, notwithstanding any other law, | ||||||
| 4 | including Section 19-3 of this Code, to the contrary. | ||||||
| 5 | (p-105) In addition to all other authority to issue bonds, | ||||||
| 6 | North Shore School District 112 may issue bonds with an | ||||||
| 7 | aggregate principal amount not to exceed $150,000,000, but | ||||||
| 8 | only if all of the following conditions are met: | ||||||
| 9 | (1) The voters of the district approve a proposition | ||||||
| 10 | for the bond issuance at an election held on or after March | ||||||
| 11 | 15, 2016. | ||||||
| 12 | (2) Prior to the issuance of the bonds, the school | ||||||
| 13 | board determines, by resolution, that (i) the building and | ||||||
| 14 | equipping of new buildings and improving the sites thereof | ||||||
| 15 | and the building and equipping of additions to, altering, | ||||||
| 16 | repairing, equipping, and renovating existing buildings | ||||||
| 17 | and improving the sites thereof are required as a result | ||||||
| 18 | of the age and condition of the district's existing | ||||||
| 19 | buildings and (ii) the issuance of bonds is authorized by | ||||||
| 20 | a statute that exempts the debt incurred on the bonds from | ||||||
| 21 | the district's statutory debt limitation. | ||||||
| 22 | (3) The bonds are issued, in one or more issuances, | ||||||
| 23 | not later than 5 years after the date of the referendum | ||||||
| 24 | approving the issuance of the bonds, but the aggregate | ||||||
| 25 | principal amount issued in all such bond issuances | ||||||
| 26 | combined must not exceed $150,000,000. | ||||||
| |||||||
| |||||||
| 1 | (4) The bonds are issued in accordance with this | ||||||
| 2 | Article. | ||||||
| 3 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 4 | only those projects approved by the voters at an election | ||||||
| 5 | held on or after March 15, 2016. | ||||||
| 6 | The debt incurred on any bonds issued under this | ||||||
| 7 | subsection (p-105) and on any bonds issued to refund or | ||||||
| 8 | continue to refund such bonds shall not be considered | ||||||
| 9 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 10 | Bonds issued under this subsection (p-105) and any bonds | ||||||
| 11 | issued to refund or continue to refund such bonds must mature | ||||||
| 12 | within not to exceed 30 years from their date, notwithstanding | ||||||
| 13 | any other law, including Section 19-3 of this Code, to the | ||||||
| 14 | contrary. | ||||||
| 15 | (p-110) In addition to all other authority to issue bonds, | ||||||
| 16 | Sandoval Community Unit School District 501 may issue bonds | ||||||
| 17 | with an aggregate principal amount not to exceed $2,000,000, | ||||||
| 18 | but only if all of the following conditions are met: | ||||||
| 19 | (1) The voters of the district approved a proposition | ||||||
| 20 | for the bond issuance at an election held on March 20, | ||||||
| 21 | 2012. | ||||||
| 22 | (2) Prior to the issuance of the bonds, the school | ||||||
| 23 | board determines, by resolution, that (i) the building and | ||||||
| 24 | equipping of a new school building is required because of | ||||||
| 25 | the age and current condition of the Sandoval Elementary | ||||||
| 26 | School building and (ii) the issuance of bonds is | ||||||
| |||||||
| |||||||
| 1 | authorized by a statute that exempts the debt incurred on | ||||||
| 2 | the bonds from the district's statutory debt limitation. | ||||||
| 3 | (3) The bonds are issued, in one or more bond | ||||||
| 4 | issuances, on or before March 19, 2022, but the aggregate | ||||||
| 5 | principal amount issued in all such bond issuances | ||||||
| 6 | combined must not exceed $2,000,000. | ||||||
| 7 | (4) The bonds are issued in accordance with this | ||||||
| 8 | Article. | ||||||
| 9 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 10 | only those projects approved by the voters at the election | ||||||
| 11 | held on March 20, 2012. | ||||||
| 12 | The debt incurred on any bonds issued under this | ||||||
| 13 | subsection (p-110) and on any bonds issued to refund or | ||||||
| 14 | continue to refund the bonds shall not be considered | ||||||
| 15 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 16 | (p-115) In addition to all other authority to issue bonds, | ||||||
| 17 | Bureau Valley Community Unit School District 340 may issue | ||||||
| 18 | bonds with an aggregate principal amount not to exceed | ||||||
| 19 | $25,000,000, but only if all of the following conditions are | ||||||
| 20 | met: | ||||||
| 21 | (1) The voters of the district approve a proposition | ||||||
| 22 | for the bond issuance at an election held on or after March | ||||||
| 23 | 15, 2016. | ||||||
| 24 | (2) Prior to the issuances of the bonds, the school | ||||||
| 25 | board determines, by resolution, that (i) the renovating | ||||||
| 26 | and equipping of some existing school buildings, the | ||||||
| |||||||
| |||||||
| 1 | building and equipping of new school buildings, and the | ||||||
| 2 | demolishing of some existing school buildings are required | ||||||
| 3 | as a result of the age and condition of existing school | ||||||
| 4 | buildings and (ii) the issuance of bonds is authorized by | ||||||
| 5 | a statute that exempts the debt incurred on the bonds from | ||||||
| 6 | the district's statutory debt limitation. | ||||||
| 7 | (3) The bonds are issued, in one or more issuances, on | ||||||
| 8 | or before July 1, 2021, but the aggregate principal amount | ||||||
| 9 | issued in all such bond issuances combined must not exceed | ||||||
| 10 | $25,000,000. | ||||||
| 11 | (4) The bonds are issued in accordance with this | ||||||
| 12 | Article. | ||||||
| 13 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 14 | only those projects approved by the voters at an election | ||||||
| 15 | held on or after March 15, 2016. | ||||||
| 16 | The debt incurred on any bonds issued under this | ||||||
| 17 | subsection (p-115) shall not be considered indebtedness for | ||||||
| 18 | purposes of any statutory debt limitation. Bonds issued under | ||||||
| 19 | this subsection (p-115) must mature within not to exceed 30 | ||||||
| 20 | years from their date, notwithstanding any other law, | ||||||
| 21 | including Section 19-3 of this Code, to the contrary. | ||||||
| 22 | (p-120) In addition to all other authority to issue bonds, | ||||||
| 23 | Paxton-Buckley-Loda Community Unit School District 10 may | ||||||
| 24 | issue bonds with an aggregate principal amount not to exceed | ||||||
| 25 | $28,500,000, but only if all the following conditions are met: | ||||||
| 26 | (1) The voters of the district approve a proposition | ||||||
| |||||||
| |||||||
| 1 | for the bond issuance at an election held on or after | ||||||
| 2 | November 8, 2016. | ||||||
| 3 | (2) Prior to the issuance of the bonds, the school | ||||||
| 4 | board determines, by resolution, that (i) the projects as | ||||||
| 5 | described in said proposition, relating to the building | ||||||
| 6 | and equipping of one or more school buildings or additions | ||||||
| 7 | to existing school buildings, are required as a result of | ||||||
| 8 | the age and condition of the District's existing buildings | ||||||
| 9 | and (ii) the issuance of bonds is authorized by a statute | ||||||
| 10 | that exempts the debt incurred on the bonds from the | ||||||
| 11 | district's statutory debt limitation. | ||||||
| 12 | (3) The bonds are issued, in one or more issuances, | ||||||
| 13 | not later than 5 years after the date of the referendum | ||||||
| 14 | approving the issuance of the bonds, but the aggregate | ||||||
| 15 | principal amount issued in all such bond issuances | ||||||
| 16 | combined must not exceed $28,500,000. | ||||||
| 17 | (4) The bonds are issued in accordance with this | ||||||
| 18 | Article. | ||||||
| 19 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 20 | only those projects approved by the voters at an election | ||||||
| 21 | held on or after November 8, 2016. | ||||||
| 22 | The debt incurred on any bonds issued under this | ||||||
| 23 | subsection (p-120) and on any bonds issued to refund or | ||||||
| 24 | continue to refund such bonds shall not be considered | ||||||
| 25 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 26 | Bonds issued under this subsection (p-120) and any bonds | ||||||
| |||||||
| |||||||
| 1 | issued to refund or continue to refund such bonds must mature | ||||||
| 2 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 3 | any other law, including Section 19-3 of this Code, to the | ||||||
| 4 | contrary. | ||||||
| 5 | (p-125) In addition to all other authority to issue bonds, | ||||||
| 6 | Hillsboro Community Unit School District 3 may issue bonds | ||||||
| 7 | with an aggregate principal amount not to exceed $34,500,000, | ||||||
| 8 | but only if all the following conditions are met: | ||||||
| 9 | (1) The voters of the district approve a proposition | ||||||
| 10 | for the bond issuance at an election held on or after March | ||||||
| 11 | 15, 2016. | ||||||
| 12 | (2) Prior to the issuance of the bonds, the school | ||||||
| 13 | board determines, by resolution, that (i) altering, | ||||||
| 14 | repairing, and equipping the high school | ||||||
| 15 | agricultural/vocational building, demolishing the high | ||||||
| 16 | school main, cafeteria, and gym buildings, building and | ||||||
| 17 | equipping a school building, and improving sites are | ||||||
| 18 | required as a result of the age and condition of the | ||||||
| 19 | district's existing buildings and (ii) the issuance of | ||||||
| 20 | bonds is authorized by a statute that exempts the debt | ||||||
| 21 | incurred on the bonds from the district's statutory debt | ||||||
| 22 | limitation. | ||||||
| 23 | (3) The bonds are issued, in one or more issuances, | ||||||
| 24 | not later than 5 years after the date of the referendum | ||||||
| 25 | approving the issuance of the bonds, but the aggregate | ||||||
| 26 | principal amount issued in all such bond issuances | ||||||
| |||||||
| |||||||
| 1 | combined must not exceed $34,500,000. | ||||||
| 2 | (4) The bonds are issued in accordance with this | ||||||
| 3 | Article. | ||||||
| 4 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 5 | only those projects approved by the voters at an election | ||||||
| 6 | held on or after March 15, 2016. | ||||||
| 7 | The debt incurred on any bonds issued under this | ||||||
| 8 | subsection (p-125) and on any bonds issued to refund or | ||||||
| 9 | continue to refund such bonds shall not be considered | ||||||
| 10 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 11 | Bonds issued under this subsection (p-125) and any bonds | ||||||
| 12 | issued to refund or continue to refund such bonds must mature | ||||||
| 13 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 14 | any other law, including Section 19-3 of this Code, to the | ||||||
| 15 | contrary. | ||||||
| 16 | (p-130) In addition to all other authority to issue bonds, | ||||||
| 17 | Waltham Community Consolidated School District 185 may incur | ||||||
| 18 | indebtedness in an aggregate principal amount not to exceed | ||||||
| 19 | $9,500,000 to build and equip a new school building and | ||||||
| 20 | improve the site thereof, but only if all the following | ||||||
| 21 | conditions are met: | ||||||
| 22 | (1) A majority of the voters of the district voting on | ||||||
| 23 | an advisory question voted in favor of the question | ||||||
| 24 | regarding the use of funding sources to build a new school | ||||||
| 25 | building without increasing property tax rates at the | ||||||
| 26 | general election held on November 8, 2016. | ||||||
| |||||||
| |||||||
| 1 | (2) Prior to incurring the debt, the school board | ||||||
| 2 | enters into intergovernmental agreements with the City of | ||||||
| 3 | LaSalle to pledge moneys in a special tax allocation fund | ||||||
| 4 | associated with tax increment financing districts LaSalle | ||||||
| 5 | I and LaSalle III and with the Village of Utica to pledge | ||||||
| 6 | moneys in a special tax allocation fund associated with | ||||||
| 7 | tax increment financing district Utica I for the purposes | ||||||
| 8 | of repaying the debt issued pursuant to this subsection | ||||||
| 9 | (p-130). Notwithstanding any other provision of law to the | ||||||
| 10 | contrary, the intergovernmental agreement may extend these | ||||||
| 11 | tax increment financing districts as necessary to ensure | ||||||
| 12 | repayment of the debt. | ||||||
| 13 | (3) Prior to incurring the debt, the school board | ||||||
| 14 | determines, by resolution, that (i) the building and | ||||||
| 15 | equipping of a new school building is required as a result | ||||||
| 16 | of the age and condition of the district's existing | ||||||
| 17 | buildings and (ii) the debt is authorized by a statute | ||||||
| 18 | that exempts the debt from the district's statutory debt | ||||||
| 19 | limitation. | ||||||
| 20 | (4) The debt is incurred, in one or more issuances, | ||||||
| 21 | not later than January 1, 2021, and the aggregate | ||||||
| 22 | principal amount of debt issued in all such issuances | ||||||
| 23 | combined must not exceed $9,500,000. | ||||||
| 24 | The debt incurred under this subsection (p-130) and on any | ||||||
| 25 | bonds issued to pay, refund, or continue to refund such debt | ||||||
| 26 | shall not be considered indebtedness for purposes of any | ||||||
| |||||||
| |||||||
| 1 | statutory debt limitation. Debt issued under this subsection | ||||||
| 2 | (p-130) and any bonds issued to pay, refund, or continue to | ||||||
| 3 | refund such debt must mature within not to exceed 25 years from | ||||||
| 4 | their date, notwithstanding any other law, including Section | ||||||
| 5 | 19-11 of this Code and subsection (b) of Section 17 of the | ||||||
| 6 | Local Government Debt Reform Act, to the contrary. | ||||||
| 7 | (p-133) Notwithstanding the provisions of subsection (a) | ||||||
| 8 | of this Section or of any other law, bonds heretofore or | ||||||
| 9 | hereafter issued by East Prairie School District 73 with an | ||||||
| 10 | aggregate principal amount not to exceed $47,353,147 and | ||||||
| 11 | approved by the voters of the district at the general election | ||||||
| 12 | held on November 8, 2016, and any bonds issued to refund or | ||||||
| 13 | continue to refund the bonds, shall not be considered | ||||||
| 14 | indebtedness for the purposes of any statutory debt limitation | ||||||
| 15 | and may mature within not to exceed 25 years from their date, | ||||||
| 16 | notwithstanding any other law, including Section 19-3 of this | ||||||
| 17 | Code, to the contrary. | ||||||
| 18 | (p-135) In addition to all other authority to issue bonds, | ||||||
| 19 | Brookfield LaGrange Park School District Number 95 may issue | ||||||
| 20 | bonds with an aggregate principal amount not to exceed | ||||||
| 21 | $20,000,000, but only if all the following conditions are met: | ||||||
| 22 | (1) The voters of the district approve a proposition | ||||||
| 23 | for the bond issuance at an election held on or after April | ||||||
| 24 | 4, 2017. | ||||||
| 25 | (2) Prior to the issuance of the bonds, the school | ||||||
| 26 | board determines, by resolution, that (i) the additions | ||||||
| |||||||
| |||||||
| 1 | and renovations to the Brook Park Elementary and S. E. | ||||||
| 2 | Gross Middle School buildings are required to accommodate | ||||||
| 3 | enrollment growth, replace outdated facilities, and create | ||||||
| 4 | spaces consistent with 21st century learning and (ii) the | ||||||
| 5 | issuance of the bonds is authorized by a statute that | ||||||
| 6 | exempts the debt incurred on the bonds from the district's | ||||||
| 7 | statutory debt limitation. | ||||||
| 8 | (3) The bonds are issued, in one or more issuances, | ||||||
| 9 | not later than 5 years after the date of the referendum | ||||||
| 10 | approving the issuance of the bonds, but the aggregate | ||||||
| 11 | principal amount issued in all such bond issuances | ||||||
| 12 | combined must not exceed $20,000,000. | ||||||
| 13 | (4) The bonds are issued in accordance with this | ||||||
| 14 | Article. | ||||||
| 15 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 16 | only those projects approved by the voters at an election | ||||||
| 17 | held on or after April 4, 2017. | ||||||
| 18 | The debt incurred on any bonds issued under this | ||||||
| 19 | subsection (p-135) and on any bonds issued to refund or | ||||||
| 20 | continue to refund such bonds shall not be considered | ||||||
| 21 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 22 | (p-140) The debt incurred on any bonds issued by Wolf | ||||||
| 23 | Branch School District 113 under Section 17-2.11 of this Code | ||||||
| 24 | for the purpose of repairing or replacing all or a portion of a | ||||||
| 25 | school building that has been damaged by mine subsidence in an | ||||||
| 26 | aggregate principal amount not to exceed $17,500,000 and on | ||||||
| |||||||
| |||||||
| 1 | any bonds issued to refund or continue to refund those bonds | ||||||
| 2 | shall not be considered indebtedness for purposes of any | ||||||
| 3 | statutory debt limitation and must mature no later than 25 | ||||||
| 4 | years from the date of issuance, notwithstanding any other | ||||||
| 5 | provision of law to the contrary, including Section 19-3 of | ||||||
| 6 | this Code. The maximum allowable amount of debt exempt from | ||||||
| 7 | statutory debt limitations under this subsection (p-140) shall | ||||||
| 8 | be reduced by an amount equal to any grants awarded by the | ||||||
| 9 | State Board of Education or Capital Development Board for the | ||||||
| 10 | explicit purpose of repairing or reconstructing a school | ||||||
| 11 | building damaged by mine subsidence. | ||||||
| 12 | (p-145) In addition to all other authority to issue bonds, | ||||||
| 13 | Greenview Community Unit School District 200 may issue bonds | ||||||
| 14 | with an aggregate principal amount not to exceed $3,500,000, | ||||||
| 15 | but only if all of the following conditions are met: | ||||||
| 16 | (1) The voters of the district approve a proposition | ||||||
| 17 | for the bond issuance at an election held on March 17, | ||||||
| 18 | 2020. | ||||||
| 19 | (2) Prior to the issuance of the bonds, the school | ||||||
| 20 | board determines, by resolution, that the bonding is | ||||||
| 21 | necessary for construction and expansion of the district's | ||||||
| 22 | kindergarten through grade 12 facility. | ||||||
| 23 | (3) The bonds are issued, in one or more issuances, | ||||||
| 24 | not later than 5 years after the date of the referendum | ||||||
| 25 | approving the issuance of the bonds, but the aggregate | ||||||
| 26 | principal amount issued in all such bond issuances | ||||||
| |||||||
| |||||||
| 1 | combined must not exceed $3,500,000. | ||||||
| 2 | (4) The bonds are issued in accordance with this | ||||||
| 3 | Article. | ||||||
| 4 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 5 | only the projects approved by the voters at an election | ||||||
| 6 | held on March 17, 2020. | ||||||
| 7 | The debt incurred on any bonds issued under this | ||||||
| 8 | subsection (p-145) and on any bonds issued to refund or | ||||||
| 9 | continue to refund such bonds shall not be considered | ||||||
| 10 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 11 | Bonds issued under this subsection (p-145) and any bonds | ||||||
| 12 | issued to refund or continue to refund such bonds must mature | ||||||
| 13 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 14 | any other law, including Section 19-3 of this Code, to the | ||||||
| 15 | contrary. | ||||||
| 16 | (p-150) In addition to all other authority to issue bonds, | ||||||
| 17 | Komarek School District 94 may issue bonds with an aggregate | ||||||
| 18 | principal amount not to exceed $20,800,000, but only if all of | ||||||
| 19 | the following conditions are met: | ||||||
| 20 | (1) The voters of the district approve a proposition | ||||||
| 21 | for the bond issuance at an election held on or after March | ||||||
| 22 | 17, 2020. | ||||||
| 23 | (2) Prior to the issuance of the bonds, the school | ||||||
| 24 | board determines, by resolution, that (i) building and | ||||||
| 25 | equipping additions to, altering, repairing, equipping, or | ||||||
| 26 | demolishing a portion of, or improving the site of the | ||||||
| |||||||
| |||||||
| 1 | district's existing school building is required as a | ||||||
| 2 | result of the age and condition of the existing building | ||||||
| 3 | and (ii) the issuance of the bonds is authorized by a | ||||||
| 4 | statute that exempts the debt incurred on the bonds from | ||||||
| 5 | the district's statutory debt limitation. | ||||||
| 6 | (3) The bonds are issued, in one or more issuances, no | ||||||
| 7 | later than 5 years after the date of the referendum | ||||||
| 8 | approving the issuance of the bonds, but the aggregate | ||||||
| 9 | principal amount issued in all of the bond issuances | ||||||
| 10 | combined may not exceed $20,800,000. | ||||||
| 11 | (4) The bonds are issued in accordance with this | ||||||
| 12 | Article. | ||||||
| 13 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 14 | only those projects approved by the voters at an election | ||||||
| 15 | held on or after March 17, 2020. | ||||||
| 16 | The debt incurred on any bonds issued under this | ||||||
| 17 | subsection (p-150) and on any bonds issued to refund or | ||||||
| 18 | continue to refund those bonds may not be considered | ||||||
| 19 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 20 | Notwithstanding any other law to the contrary, including | ||||||
| 21 | Section 19-3, bonds issued under this subsection (p-150) and | ||||||
| 22 | any bonds issued to refund or continue to refund those bonds | ||||||
| 23 | must mature within 30 years from their date of issuance. | ||||||
| 24 | (p-155) In addition to all other authority to issue bonds, | ||||||
| 25 | Williamsville Community Unit School District 15 may issue | ||||||
| 26 | bonds with an aggregate principal amount not to exceed | ||||||
| |||||||
| |||||||
| 1 | $40,000,000, but only if all of the following conditions are | ||||||
| 2 | met: | ||||||
| 3 | (1) The voters of the school district approve a | ||||||
| 4 | proposition for the bond issuance at an election held on | ||||||
| 5 | March 17, 2020. | ||||||
| 6 | (2) Prior to the issuance of the bonds, the school | ||||||
| 7 | board determines, by resolution, that the projects set | ||||||
| 8 | forth in the proposition for the bond issuance were and | ||||||
| 9 | are required because of the age and condition of the | ||||||
| 10 | school district's existing school buildings. | ||||||
| 11 | (3) The bonds are issued, in one or more issuances, | ||||||
| 12 | not later than 5 years after the date of the referendum | ||||||
| 13 | approving the issuance of the bonds, but the aggregate | ||||||
| 14 | principal amount issued in all such bond issuances | ||||||
| 15 | combined must not exceed $40,000,000. | ||||||
| 16 | (4) The bonds are issued in accordance with this | ||||||
| 17 | Article. | ||||||
| 18 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 19 | only the projects approved by the voters at an election | ||||||
| 20 | held on March 17, 2020. | ||||||
| 21 | The debt incurred on any bonds issued under this | ||||||
| 22 | subsection (p-155) and on any bonds issued to refund or | ||||||
| 23 | continue to refund such bonds shall not be considered | ||||||
| 24 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 25 | Bonds issued under this subsection (p-155) and any bonds | ||||||
| 26 | issued to refund or continue to refund such bonds must mature | ||||||
| |||||||
| |||||||
| 1 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 2 | any other law, including Section 19-3 of this Code, to the | ||||||
| 3 | contrary. | ||||||
| 4 | (p-160) In addition to all other authority to issue bonds, | ||||||
| 5 | Berkeley School District 87 may issue bonds with an aggregate | ||||||
| 6 | principal amount not to exceed $105,000,000, but only if all | ||||||
| 7 | of the following conditions are met: | ||||||
| 8 | (1) The voters of the district approve a proposition | ||||||
| 9 | for the bond issuance at the general primary election held | ||||||
| 10 | on March 17, 2020. | ||||||
| 11 | (2) Prior to the issuance of the bonds, the school | ||||||
| 12 | board determines, by resolution, that (i) building and | ||||||
| 13 | equipping a school building to replace the Sunnyside | ||||||
| 14 | Intermediate and MacArthur Middle School buildings; | ||||||
| 15 | building and equipping additions to and altering, | ||||||
| 16 | repairing, and equipping the Riley Intermediate and | ||||||
| 17 | Northlake Middle School buildings; altering, repairing, | ||||||
| 18 | and equipping the Whittier Primary and Jefferson Primary | ||||||
| 19 | School buildings; improving sites; renovating | ||||||
| 20 | instructional spaces; providing STEM (science, technology, | ||||||
| 21 | engineering, and mathematics) labs; and constructing life | ||||||
| 22 | safety, security, and infrastructure improvements are | ||||||
| 23 | required to replace outdated facilities and to provide | ||||||
| 24 | safe spaces consistent with 21st century learning and (ii) | ||||||
| 25 | the issuance of bonds is authorized by a statute that | ||||||
| 26 | exempts the debt incurred on the bonds from the district's | ||||||
| |||||||
| |||||||
| 1 | statutory debt limitation. | ||||||
| 2 | (3) The bonds are issued, in one or more issuances, | ||||||
| 3 | not later than 5 years after the date of the referendum | ||||||
| 4 | approving the issuance of the bonds, but the aggregate | ||||||
| 5 | principal amount issued in all such bond issuances | ||||||
| 6 | combined must not exceed $105,000,000. | ||||||
| 7 | (4) The bonds are issued in accordance with this | ||||||
| 8 | Article. | ||||||
| 9 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 10 | only those projects approved by the voters at the general | ||||||
| 11 | primary election held on March 17, 2020. | ||||||
| 12 | The debt incurred on any bonds issued under this | ||||||
| 13 | subsection (p-160) and on any bonds issued to refund or | ||||||
| 14 | continue to refund such bonds shall not be considered | ||||||
| 15 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 16 | (p-165) In addition to all other authority to issue bonds, | ||||||
| 17 | Elmwood Park Community Unit School District 401 may issue | ||||||
| 18 | bonds with an aggregate principal amount not to exceed | ||||||
| 19 | $55,000,000, but only if all of the following conditions are | ||||||
| 20 | met: | ||||||
| 21 | (1) The voters of the district approve a proposition | ||||||
| 22 | for the bond issuance at an election held on or after March | ||||||
| 23 | 17, 2020. | ||||||
| 24 | (2) Prior to the issuance of the bonds, the school | ||||||
| 25 | board determines, by resolution, that (i) the building and | ||||||
| 26 | equipping of an addition to the John Mills Elementary | ||||||
| |||||||
| |||||||
| 1 | School building; the renovating, altering, repairing, and | ||||||
| 2 | equipping of the John Mills and Elmwood Elementary School | ||||||
| 3 | buildings; the installation of safety and security | ||||||
| 4 | improvements; and the improvement of school sites are | ||||||
| 5 | required as a result of the age and condition of the | ||||||
| 6 | district's existing school buildings and (ii) the issuance | ||||||
| 7 | of bonds is authorized by a statute that exempts the debt | ||||||
| 8 | incurred on the bonds from the district's statutory debt | ||||||
| 9 | limitation. | ||||||
| 10 | (3) The bonds are issued, in one or more issuances, | ||||||
| 11 | not later than 5 years after the date of the referendum | ||||||
| 12 | approving the issuance of the bonds, but the aggregate | ||||||
| 13 | principal amount issued in all such bond issuances | ||||||
| 14 | combined must not exceed $55,000,000. | ||||||
| 15 | (4) The bonds are issued in accordance with this | ||||||
| 16 | Article. | ||||||
| 17 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 18 | only the projects approved by the voters at an election | ||||||
| 19 | held on or after March 17, 2020. | ||||||
| 20 | The debt incurred on any bonds issued under this | ||||||
| 21 | subsection (p-165) and on any bonds issued to refund or | ||||||
| 22 | continue to refund such bonds shall not be considered | ||||||
| 23 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 24 | Bonds issued under this subsection (p-165) and any bonds | ||||||
| 25 | issued to refund or continue to refund such bonds must mature | ||||||
| 26 | within not to exceed 25 years from their date, notwithstanding | ||||||
| |||||||
| |||||||
| 1 | any other law, including Section 19-3 of this Code, to the | ||||||
| 2 | contrary. | ||||||
| 3 | (p-170) In addition to all other authority to issue bonds, | ||||||
| 4 | Maroa-Forsyth Community Unit School District 2 may issue bonds | ||||||
| 5 | with an aggregate principal amount not to exceed $33,000,000, | ||||||
| 6 | but only if all of the following conditions are met: | ||||||
| 7 | (1) The voters of the school district approve a | ||||||
| 8 | proposition for the bond issuance at an election held on | ||||||
| 9 | March 17, 2020. | ||||||
| 10 | (2) Prior to the issuance of the bonds, the school | ||||||
| 11 | board determines, by resolution, that the projects set | ||||||
| 12 | forth in the proposition for the bond issuance were and | ||||||
| 13 | are required because of the age and condition of the | ||||||
| 14 | school district's existing school buildings. | ||||||
| 15 | (3) The bonds are issued, in one or more issuances, | ||||||
| 16 | not later than 5 years after the date of the referendum | ||||||
| 17 | approving the issuance of the bonds, but the aggregate | ||||||
| 18 | principal amount issued in all such bond issuances | ||||||
| 19 | combined must not exceed $33,000,000. | ||||||
| 20 | (4) The bonds are issued in accordance with this | ||||||
| 21 | Article. | ||||||
| 22 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 23 | only the projects approved by the voters at an election | ||||||
| 24 | held on March 17, 2020. | ||||||
| 25 | The debt incurred on any bonds issued under this | ||||||
| 26 | subsection (p-170) and on any bonds issued to refund or | ||||||
| |||||||
| |||||||
| 1 | continue to refund such bonds shall not be considered | ||||||
| 2 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 3 | Bonds issued under this subsection (p-170) and any bonds | ||||||
| 4 | issued to refund or continue to refund such bonds must mature | ||||||
| 5 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 6 | any other law, including Section 19-3 of this Code, to the | ||||||
| 7 | contrary. | ||||||
| 8 | (p-175) In addition to all other authority to issue bonds, | ||||||
| 9 | Schiller Park School District 81 may issue bonds with an | ||||||
| 10 | aggregate principal amount not to exceed $30,000,000, but only | ||||||
| 11 | if all of the following conditions are met: | ||||||
| 12 | (1) The voters of the district approve a proposition | ||||||
| 13 | for the bond issuance at an election held on or after March | ||||||
| 14 | 17, 2020. | ||||||
| 15 | (2) Prior to the issuance of the bonds, the school | ||||||
| 16 | board determines, by resolution, that (i) building and | ||||||
| 17 | equipping a school building to replace the Washington | ||||||
| 18 | Elementary School building, installing fire suppression | ||||||
| 19 | systems, security systems, and federal Americans with | ||||||
| 20 | Disability Act of 1990 compliance measures, acquiring | ||||||
| 21 | land, and improving the site are required to accommodate | ||||||
| 22 | enrollment growth, replace an outdated facility, and | ||||||
| 23 | create spaces consistent with 21st century learning and | ||||||
| 24 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 25 | exempts the debt incurred on the bonds from the district's | ||||||
| 26 | statutory debt limitation. | ||||||
| |||||||
| |||||||
| 1 | (3) The bonds are issued, in one or more issuances, | ||||||
| 2 | not later than 5 years after the date of the referendum | ||||||
| 3 | approving the issuance of the bonds, but the aggregate | ||||||
| 4 | principal amount issued in all such bond issuances | ||||||
| 5 | combined must not exceed $30,000,000. | ||||||
| 6 | (4) The bonds are issued in accordance with this | ||||||
| 7 | Article. | ||||||
| 8 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 9 | only the projects approved by the voters at an election | ||||||
| 10 | held on or after March 17, 2020. | ||||||
| 11 | The debt incurred on any bonds issued under this | ||||||
| 12 | subsection (p-175) and on any bonds issued to refund or | ||||||
| 13 | continue to refund such bonds shall not be considered | ||||||
| 14 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 15 | Bonds issued under this subsection (p-175) and any bonds | ||||||
| 16 | issued to refund or continue to refund such bonds must mature | ||||||
| 17 | within not to exceed 27 years from their date, notwithstanding | ||||||
| 18 | any other law, including Section 19-3 of this Code, to the | ||||||
| 19 | contrary. | ||||||
| 20 | (p-180) In addition to all other authority to issue bonds, | ||||||
| 21 | Iroquois County Community Unit School District 9 may issue | ||||||
| 22 | bonds with an aggregate principal amount not to exceed | ||||||
| 23 | $17,125,000, but only if all of the following conditions are | ||||||
| 24 | met: | ||||||
| 25 | (1) The voters of the district approve a proposition | ||||||
| 26 | for the bond issuance at an election held on or after April | ||||||
| |||||||
| |||||||
| 1 | 6, 2021. | ||||||
| 2 | (2) Prior to the issuance of the bonds, the school | ||||||
| 3 | board determines, by resolution, that (i) building and | ||||||
| 4 | equipping a new school building in the City of Watseka; | ||||||
| 5 | altering, repairing, renovating, and equipping portions of | ||||||
| 6 | the existing facilities of the district; and making site | ||||||
| 7 | improvements is necessary because of the age and condition | ||||||
| 8 | of the district's existing school facilities and (ii) the | ||||||
| 9 | issuance of bonds is authorized by a statute that exempts | ||||||
| 10 | the debt incurred on the bonds from the district's | ||||||
| 11 | statutory debt limitation. | ||||||
| 12 | (3) The bonds are issued, in one or more issuances, | ||||||
| 13 | not later than 5 years after the date of the referendum | ||||||
| 14 | approving the issuance of the bonds, but the aggregate | ||||||
| 15 | principal amount issued in all such bond issuances | ||||||
| 16 | combined must not exceed $17,125,000. | ||||||
| 17 | (4) The bonds are issued in accordance with this | ||||||
| 18 | Article. | ||||||
| 19 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 20 | only the projects approved by the voters at an election | ||||||
| 21 | held on or after April 6, 2021. | ||||||
| 22 | The debt incurred on any bonds issued under this | ||||||
| 23 | subsection (p-180) and on any bonds issued to refund or | ||||||
| 24 | continue to refund such bonds shall not be considered | ||||||
| 25 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 26 | Bonds issued under this subsection (p-180) and any bonds | ||||||
| |||||||
| |||||||
| 1 | issued to refund or continue to refund such bonds must mature | ||||||
| 2 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 3 | any other law, including Section 19-3 of this Code, to the | ||||||
| 4 | contrary. | ||||||
| 5 | (p-185) In addition to all other authority to issue bonds, | ||||||
| 6 | Field Community Consolidated School District 3 may issue bonds | ||||||
| 7 | with an aggregate principal amount not to exceed $2,600,000, | ||||||
| 8 | but only if all of the following conditions are met: | ||||||
| 9 | (1) The voters of the district approve a proposition | ||||||
| 10 | for the bond issuance at an election held on or after April | ||||||
| 11 | 6, 2021. | ||||||
| 12 | (2) Prior to the issuance of the bonds, the school | ||||||
| 13 | board determines, by resolution, that (i) it is necessary | ||||||
| 14 | to alter, repair, renovate, and equip the existing | ||||||
| 15 | facilities of the district, including, but not limited to, | ||||||
| 16 | roof replacement, lighting replacement, electrical | ||||||
| 17 | upgrades, restroom repairs, and gym renovations, and make | ||||||
| 18 | site improvements because of the age and condition of the | ||||||
| 19 | district's existing school facilities and (ii) the | ||||||
| 20 | issuance of bonds is authorized by a statute that exempts | ||||||
| 21 | the debt incurred on the bonds from the district's | ||||||
| 22 | statutory debt limitation. | ||||||
| 23 | (3) The bonds are issued, in one or more issuances, | ||||||
| 24 | not later than 5 years after the date of the referendum | ||||||
| 25 | approving the issuance of the bonds, but the aggregate | ||||||
| 26 | principal amount issued in all such bond issuances | ||||||
| |||||||
| |||||||
| 1 | combined must not exceed $2,600,000. | ||||||
| 2 | (4) The bonds are issued in accordance with this | ||||||
| 3 | Article. | ||||||
| 4 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 5 | only the projects approved by the voters at an election | ||||||
| 6 | held on or after April 6, 2021. | ||||||
| 7 | The debt incurred on any bonds issued under this | ||||||
| 8 | subsection (p-185) and on any bonds issued to refund or | ||||||
| 9 | continue to refund such bonds shall not be considered | ||||||
| 10 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 11 | Bonds issued under this subsection (p-185) and any bonds | ||||||
| 12 | issued to refund or continue to refund such bonds must mature | ||||||
| 13 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 14 | any other law, including Section 19-3 of this Code, to the | ||||||
| 15 | contrary. | ||||||
| 16 | (p-190) In addition to all other authority to issue bonds, | ||||||
| 17 | Mahomet-Seymour Community Unit School District 3 may issue | ||||||
| 18 | bonds with an aggregate principal amount not to exceed | ||||||
| 19 | $97,900,000, but only if all the following conditions are met: | ||||||
| 20 | (1) The voters of the district approve a proposition | ||||||
| 21 | for the bond issuance at an election held on or after June | ||||||
| 22 | 28, 2022. | ||||||
| 23 | (2) Prior to the issuance of the bonds, the school | ||||||
| 24 | board determines, by resolution, that (i) it is necessary | ||||||
| 25 | to build and equip a new junior high school building, | ||||||
| 26 | build and equip a new transportation building, and build | ||||||
| |||||||
| |||||||
| 1 | and equip additions to, renovate, and make site | ||||||
| 2 | improvements at the Lincoln Trail Elementary building, | ||||||
| 3 | Middletown Prairie Elementary building, and | ||||||
| 4 | Mahomet-Seymour High School building and (ii) the issuance | ||||||
| 5 | of bonds is authorized by a statute that exempts the debt | ||||||
| 6 | incurred on the bonds from the district's statutory debt | ||||||
| 7 | limitation. | ||||||
| 8 | (3) The bonds are issued, in one or more issuances, | ||||||
| 9 | not later than 5 years after the date of the referendum | ||||||
| 10 | approving the issuance of the bonds, but the aggregate | ||||||
| 11 | principal amount issued in all such bond issuances | ||||||
| 12 | combined must not exceed $97,900,000. | ||||||
| 13 | (4) The bonds are issued in accordance with this | ||||||
| 14 | Article. | ||||||
| 15 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 16 | only the projects approved by the voters at an election | ||||||
| 17 | held on or after June 28, 2022. | ||||||
| 18 | The debt incurred on any bonds issued under this | ||||||
| 19 | subsection (p-190) and on any bonds issued to refund or | ||||||
| 20 | continue to refund such bonds shall not be considered | ||||||
| 21 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 22 | Bonds issued under this subsection (p-190) and any bonds | ||||||
| 23 | issued to refund or continue to refund such bonds must mature | ||||||
| 24 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 25 | any other law, including Section 19-3 of this Code, to the | ||||||
| 26 | contrary. | ||||||
| |||||||
| |||||||
| 1 | (p-195) In addition to all other authority to issue bonds, | ||||||
| 2 | New Berlin Community Unit School District 16 may issue bonds | ||||||
| 3 | with an aggregate principal amount not to exceed $23,500,000, | ||||||
| 4 | but only if all the following conditions are met: | ||||||
| 5 | (1) The voters of the district approve a proposition | ||||||
| 6 | for the bond issuance at an election held on or after June | ||||||
| 7 | 28, 2022. | ||||||
| 8 | (2) Prior to the issuance of the bonds, the school | ||||||
| 9 | board determines, by resolution, that (i) it is necessary | ||||||
| 10 | to alter, repair, and equip the junior/senior high school | ||||||
| 11 | building, including creating new classroom, gym, and other | ||||||
| 12 | instructional spaces, renovating the J.V. Kirby Pretzel | ||||||
| 13 | Dome, improving heating, cooling, and ventilation systems, | ||||||
| 14 | installing school safety and security improvements, | ||||||
| 15 | removing asbestos, and making site improvements, and (ii) | ||||||
| 16 | the issuance of bonds is authorized by a statute that | ||||||
| 17 | exempts the debt incurred on the bonds from the district's | ||||||
| 18 | statutory debt limitation. | ||||||
| 19 | (3) The bonds are issued, in one or more issuances, | ||||||
| 20 | not later than 5 years after the date of the referendum | ||||||
| 21 | approving the issuance of the bonds, but the aggregate | ||||||
| 22 | principal amount issued in all such bond issuances | ||||||
| 23 | combined must not exceed $23,500,000. | ||||||
| 24 | (4) The bonds are issued in accordance with this | ||||||
| 25 | Article. | ||||||
| 26 | (5) The proceeds of the bonds are used to accomplish | ||||||
| |||||||
| |||||||
| 1 | only the projects approved by the voters at an election | ||||||
| 2 | held on or after June 28, 2022. | ||||||
| 3 | The debt incurred on any bonds issued under this | ||||||
| 4 | subsection (p-195) and on any bonds issued to refund or | ||||||
| 5 | continue to refund such bonds shall not be considered | ||||||
| 6 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 7 | Bonds issued under this subsection (p-195) and any bonds | ||||||
| 8 | issued to refund or continue to refund such bonds must mature | ||||||
| 9 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 10 | any other law, including Section 19-3 of this Code, to the | ||||||
| 11 | contrary. | ||||||
| 12 | (p-200) In addition to all other authority to issue bonds, | ||||||
| 13 | Highland Community Unit School District 5 may issue bonds with | ||||||
| 14 | an aggregate principal amount not to exceed $40,000,000, but | ||||||
| 15 | only if all the following conditions are met: | ||||||
| 16 | (1) The voters of the district approve a proposition | ||||||
| 17 | for the bond issuance at an election held on or after June | ||||||
| 18 | 28, 2022. | ||||||
| 19 | (2) Prior to the issuance of the bonds, the school | ||||||
| 20 | board determines, by resolution, that (i) it is necessary | ||||||
| 21 | to improve the sites of, build, and equip a new primary | ||||||
| 22 | school building and build and equip additions to and | ||||||
| 23 | alter, repair, and equip existing school buildings and | ||||||
| 24 | (ii) the issuance of bonds is authorized by a statute that | ||||||
| 25 | exempts the debt incurred on the bonds from the district's | ||||||
| 26 | statutory debt limitation. | ||||||
| |||||||
| |||||||
| 1 | (3) The bonds are issued, in one or more issuances, | ||||||
| 2 | not later than 5 years after the date of the referendum | ||||||
| 3 | approving the issuance of the bonds, but the aggregate | ||||||
| 4 | principal amount issued in all such bond issuances | ||||||
| 5 | combined must not exceed $40,000,000. | ||||||
| 6 | (4) The bonds are issued in accordance with this | ||||||
| 7 | Article. | ||||||
| 8 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 9 | only the projects approved by the voters at an election | ||||||
| 10 | held on or after June 28, 2022. | ||||||
| 11 | The debt incurred on any bonds issued under this | ||||||
| 12 | subsection (p-200) and on any bonds issued to refund or | ||||||
| 13 | continue to refund such bonds shall not be considered | ||||||
| 14 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 15 | Bonds issued under this subsection (p-200) and any bonds | ||||||
| 16 | issued to refund or continue to refund such bonds must mature | ||||||
| 17 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 18 | any other law, including Section 19-3 of this Code, to the | ||||||
| 19 | contrary. | ||||||
| 20 | (p-205) In addition to all other authority to issue bonds, | ||||||
| 21 | Sullivan Community Unit School District 300 may issue bonds | ||||||
| 22 | with an aggregate principal amount not to exceed $25,000,000, | ||||||
| 23 | but only if all of the following conditions are met: | ||||||
| 24 | (1) The voters of the district approve a proposition | ||||||
| 25 | for the bond issuance at an election held on or after June | ||||||
| 26 | 28, 2022. | ||||||
| |||||||
| |||||||
| 1 | (2) Prior to the issuance of the bonds, the school | ||||||
| 2 | board determines, by resolution, that (i) the projects set | ||||||
| 3 | forth in the proposition for the issuance of the bonds are | ||||||
| 4 | required because of the age, condition, or capacity of the | ||||||
| 5 | school district's existing school buildings and (ii) the | ||||||
| 6 | issuance of bonds is authorized by a statute that exempts | ||||||
| 7 | the debt incurred on the bonds from the district's | ||||||
| 8 | statutory debt limitation. | ||||||
| 9 | (3) The bonds are issued, in one or more issuances, | ||||||
| 10 | not later than 5 years after the date of the referendum | ||||||
| 11 | approving the issuance of the bonds, but the aggregate | ||||||
| 12 | principal amount issued in all such bond issuances | ||||||
| 13 | combined must not exceed $25,000,000. | ||||||
| 14 | (4) The bonds are issued in accordance with this | ||||||
| 15 | Article. | ||||||
| 16 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 17 | only the projects approved by the voters at an election | ||||||
| 18 | held on or after June 28, 2022. | ||||||
| 19 | The debt incurred on any bonds issued under this | ||||||
| 20 | subsection (p-205) and on any bonds issued to refund or | ||||||
| 21 | continue to refund such bonds shall not be considered | ||||||
| 22 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 23 | Bonds issued under this subsection (p-205) and any bonds | ||||||
| 24 | issued to refund or continue to refund such bonds must mature | ||||||
| 25 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 26 | any other law, including Section 19-3 of this Code, to the | ||||||
| |||||||
| |||||||
| 1 | contrary. | ||||||
| 2 | (p-210) In addition to all other authority to issue bonds, | ||||||
| 3 | Manhattan School District 114 may issue bonds with an | ||||||
| 4 | aggregate principal amount not to exceed $85,000,000, but only | ||||||
| 5 | if all the following conditions are met: | ||||||
| 6 | (1) The voters of the district approve a proposition | ||||||
| 7 | for the bond issuance at an election held on or after June | ||||||
| 8 | 28, 2022. | ||||||
| 9 | (2) Prior to the issuance of the bonds, the school | ||||||
| 10 | board determines, by resolution, that the projects set | ||||||
| 11 | forth in the proposition for the bond issuance were and | ||||||
| 12 | are required because of the age, condition, or capacity of | ||||||
| 13 | the school district's existing school buildings. | ||||||
| 14 | (3) The bonds are issued, in one or more issuances, | ||||||
| 15 | not later than 5 years after the date of the referendum | ||||||
| 16 | approving the issuances of the bonds, but the aggregate | ||||||
| 17 | principal amount issued in all such bond issuances | ||||||
| 18 | combined must not exceed $85,000,000. | ||||||
| 19 | (4) The bonds are issued in accordance with this | ||||||
| 20 | Article. | ||||||
| 21 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 22 | only the projects approved by the voters at an election | ||||||
| 23 | held on or after June 28, 2022. | ||||||
| 24 | The debt incurred on any bonds issued under this | ||||||
| 25 | subsection (p-210) and on any bonds issued to refund or | ||||||
| 26 | continue to refund such bonds shall not be considered | ||||||
| |||||||
| |||||||
| 1 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 2 | Bonds issued under this subsection (p-210) and any bonds | ||||||
| 3 | issued to refund or continue to refund such bonds must mature | ||||||
| 4 | within not to exceed 30 years from their date, notwithstanding | ||||||
| 5 | any other law, including Section 19-3 of this Code, to the | ||||||
| 6 | contrary. | ||||||
| 7 | (p-215) In addition to all other authority to issue bonds, | ||||||
| 8 | Golf Elementary School District 67 may issue bonds with an | ||||||
| 9 | aggregate principal amount not to exceed $56,000,000, but only | ||||||
| 10 | if all of the following conditions are met: | ||||||
| 11 | (1) The voters of the district approve a proposition | ||||||
| 12 | for the bond issuance at an election held on or after June | ||||||
| 13 | 28, 2022. | ||||||
| 14 | (2) Prior to the issuance of the bonds, the school | ||||||
| 15 | board determines, by resolution, that (i) it is necessary | ||||||
| 16 | to build and equip a new school building and improve the | ||||||
| 17 | site thereof and (ii) the issuance of bonds is authorized | ||||||
| 18 | by a statute that exempts the debt incurred on the bonds | ||||||
| 19 | from the district's statutory debt limitation. | ||||||
| 20 | (3) The bonds are issued, in one or more issuances, | ||||||
| 21 | not later than 5 years after the date of the referendum | ||||||
| 22 | approving the issuance of the bonds, but the aggregate | ||||||
| 23 | principal amount issued in all such bond issuances | ||||||
| 24 | combined must not exceed $56,000,000. | ||||||
| 25 | (4) The bonds are issued in accordance with this | ||||||
| 26 | Article. | ||||||
| |||||||
| |||||||
| 1 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 2 | only the projects approved by the voters at an election | ||||||
| 3 | held on or after June 28, 2022. | ||||||
| 4 | The debt incurred on any bonds issued under this | ||||||
| 5 | subsection (p-215) and on any bonds issued to refund or | ||||||
| 6 | continue to refund such bonds shall not be considered | ||||||
| 7 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 8 | Bonds issued under this subsection (p-215) and any bonds | ||||||
| 9 | issued to refund or continue to refund such bonds must mature | ||||||
| 10 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 11 | any other law, including Section 19-3 of this Code, to the | ||||||
| 12 | contrary. | ||||||
| 13 | (p-220) In addition to all other authority to issue bonds, | ||||||
| 14 | Joliet Public Schools District 86 may issue bonds with an | ||||||
| 15 | aggregate principal amount not to exceed $99,500,000, but only | ||||||
| 16 | if all the following conditions are met: | ||||||
| 17 | (1) The voters of the district approve a proposition | ||||||
| 18 | for the bond issuance at an election held on or after April | ||||||
| 19 | 4, 2023. | ||||||
| 20 | (2) Prior to the issuance of the bonds, the school | ||||||
| 21 | board determines, by resolution, that the projects set | ||||||
| 22 | forth in the proposition for the bond issuance were and | ||||||
| 23 | are required because of the age and condition of the | ||||||
| 24 | school district's existing school buildings. | ||||||
| 25 | (3) The bonds are issued, in one or more issuances, | ||||||
| 26 | not later than 5 years after the date of the referendum | ||||||
| |||||||
| |||||||
| 1 | approving the issuance of the bonds, but the aggregate | ||||||
| 2 | principal amount issued in all such bond issuances | ||||||
| 3 | combined must not exceed $99,500,000. | ||||||
| 4 | (4) The bonds are issued in accordance with this | ||||||
| 5 | Article. | ||||||
| 6 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 7 | only the projects approved by the voters at an election | ||||||
| 8 | held on or after April 4, 2023. | ||||||
| 9 | The debt incurred on any bonds issued under this | ||||||
| 10 | subsection (p-220), and on any bonds issued to refund or | ||||||
| 11 | continue to refund such bonds, shall not be considered | ||||||
| 12 | indebtedness for purposes of any statutory debt limitation. | ||||||
| 13 | Bonds issued under this subsection (p-220) and any bonds | ||||||
| 14 | issued to refund or continue to refund such bonds must mature | ||||||
| 15 | within not to exceed 25 years from their date, notwithstanding | ||||||
| 16 | any other law, including Section 19-3 of this Code, to the | ||||||
| 17 | contrary. | ||||||
| 18 | (p-225) In addition to all other authority to issue bonds, | ||||||
| 19 | Union Ridge School District 86 may issue bonds with an | ||||||
| 20 | aggregate principal amount not to exceed $35,000,000, but only | ||||||
| 21 | if all the following conditions are met: | ||||||
| 22 | (1) The voters of the school district approve a | ||||||
| 23 | proposition for the bond issuance at an election held on | ||||||
| 24 | or after March 19, 2024. | ||||||
| 25 | (2) Prior to the issuance of the bonds, the school | ||||||
| 26 | board determines, by resolution, that the projects set | ||||||
| |||||||
| |||||||
| 1 | forth in the proposition for the bond issuance were and | ||||||
| 2 | are required because of the age and condition of the | ||||||
| 3 | school district's existing school buildings. | ||||||
| 4 | (3) The bonds are issued, in one or more issuances, | ||||||
| 5 | not later than 5 years after the date of the referendum | ||||||
| 6 | approving the issuance of the bonds, but the aggregate | ||||||
| 7 | principal amount issued in all such bond issuances | ||||||
| 8 | combined must not exceed $35,000,000. | ||||||
| 9 | (4) The bonds are issued in accordance with this | ||||||
| 10 | Article. | ||||||
| 11 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 12 | only the projects approved by the voters at an election | ||||||
| 13 | held on or after March 19, 2024. | ||||||
| 14 | The debt incurred on any bonds issued under this | ||||||
| 15 | subsection (p-225) and on any bonds issued to refund or | ||||||
| 16 | continue to refund such bonds shall not be considered | ||||||
| 17 | indebtedness for purposes of any statutory debt limit | ||||||
| 18 | limitation. Bonds issued under this subsection (p-225) and any | ||||||
| 19 | bonds issued issue to refund or continue to refund such bonds | ||||||
| 20 | must mature within not to exceed 25 years from their date, | ||||||
| 21 | notwithstanding any other law, including Section 19-3 of this | ||||||
| 22 | Code, to the contrary. | ||||||
| 23 | (p-230) In addition to all other authority to issue bonds, | ||||||
| 24 | Bethel School District 82 may issue bonds with an aggregate | ||||||
| 25 | principal amount not to exceed $3,975,000, but only if all the | ||||||
| 26 | following conditions are met: | ||||||
| |||||||
| |||||||
| 1 | (1) The voters of the school district approve a | ||||||
| 2 | proposition for the bond issuance at an election held on | ||||||
| 3 | or after March 19, 2024. | ||||||
| 4 | (2) Prior to the issuance of the bonds, the school | ||||||
| 5 | board determines, by resolution, that the projects set | ||||||
| 6 | forth in the proposition for the bond issuance were and | ||||||
| 7 | are required because of the age and condition of the | ||||||
| 8 | school district's existing school buildings. | ||||||
| 9 | (3) The bonds are issued, in one or more issuances, | ||||||
| 10 | not later than 5 years after the date of the referendum | ||||||
| 11 | approving the issuance of the bonds, but the aggregate | ||||||
| 12 | principal amount issued in all such bond issuances | ||||||
| 13 | combined must not exceed $3,975,000. | ||||||
| 14 | (4) The bonds are issued in accordance with this | ||||||
| 15 | Article. | ||||||
| 16 | (5) The proceeds of the bonds are used to accomplish | ||||||
| 17 | only the projects approved by the voters at an election | ||||||
| 18 | held on or after March 19, 2024. | ||||||
| 19 | The debt incurred on any bonds issued under this | ||||||
| 20 | subsection (p-230) and on any bonds issued to refund or | ||||||
| 21 | continue to refund such bonds shall not be considered | ||||||
| 22 | indebtedness for purposes of any statutory debt limit | ||||||
| 23 | limitation. Bonds issued under this subsection (p-230) and any | ||||||
| 24 | bonds issued issue to refund or continue to refund such bonds | ||||||
| 25 | must mature within not to exceed 25 years from their date, | ||||||
| 26 | notwithstanding any other law, including Section 19-3 of this | ||||||
| |||||||
| |||||||
| 1 | Code, to the contrary. | ||||||
| 2 | (p-235) (p-225) Notwithstanding the provisions of any | ||||||
| 3 | other law to the contrary, debt incurred on any bonds issued | ||||||
| 4 | under Section 19-3 of this Code and authorized by an election | ||||||
| 5 | held on or after November 5, 2024, and on any bonds issued to | ||||||
| 6 | refund or continue to refund such bonds, shall not be | ||||||
| 7 | considered indebtedness for purposes of any statutory debt | ||||||
| 8 | limitation. Bonds issued under Section 19-3 of this Code and | ||||||
| 9 | authorized by an election held on or after November 5, 2024, | ||||||
| 10 | and any bonds issued to refund or continue to refund such bonds | ||||||
| 11 | must mature within 30 years from their date, notwithstanding | ||||||
| 12 | any other law, including Section 19-3 of this Code, to the | ||||||
| 13 | contrary. | ||||||
| 14 | (q) A school district must notify the State Board of | ||||||
| 15 | Education prior to issuing any form of long-term or short-term | ||||||
| 16 | debt that will result in outstanding debt that exceeds 75% of | ||||||
| 17 | the debt limit specified in this Section or any other | ||||||
| 18 | provision of law. | ||||||
| 19 | (Source: P.A. 102-316, eff. 8-6-21; 102-949, eff. 5-27-22; | ||||||
| 20 | 103-449, eff. 1-1-24; 103-591, eff. 7-1-24; 103-978, eff. | ||||||
| 21 | 8-9-24; revised 9-25-24.)
| ||||||
| 22 | (105 ILCS 5/21B-50) | ||||||
| 23 | Sec. 21B-50. Alternative Educator Licensure Program for | ||||||
| 24 | Teachers. | ||||||
| 25 | (a) There is established an alternative educator licensure | ||||||
| |||||||
| |||||||
| 1 | program, to be known as the Alternative Educator Licensure | ||||||
| 2 | Program for Teachers. | ||||||
| 3 | (b) The Alternative Educator Licensure Program for | ||||||
| 4 | Teachers may be offered by a recognized institution approved | ||||||
| 5 | to offer educator preparation programs by the State Board of | ||||||
| 6 | Education, in consultation with the State Educator Preparation | ||||||
| 7 | and Licensure Board. | ||||||
| 8 | The program shall be comprised of up to 3 phases: | ||||||
| 9 | (1) A course of study that at a minimum includes | ||||||
| 10 | instructional planning; instructional strategies, | ||||||
| 11 | including special education, reading, and English language | ||||||
| 12 | learning; classroom management; and the assessment of | ||||||
| 13 | students and use of data to drive instruction. | ||||||
| 14 | (2) A year of residency, which is a candidate's | ||||||
| 15 | assignment to a full-time teaching position or as a | ||||||
| 16 | co-teacher for one full school year. An individual must | ||||||
| 17 | hold an Educator License with Stipulations with an | ||||||
| 18 | alternative provisional educator endorsement in order to | ||||||
| 19 | enter the residency. In residency, the candidate must be | ||||||
| 20 | assigned an effective, fully licensed teacher by the | ||||||
| 21 | principal or principal equivalent to act as a mentor and | ||||||
| 22 | coach the candidate through residency, complete additional | ||||||
| 23 | program requirements that address required State and | ||||||
| 24 | national standards, pass the State Board's teacher | ||||||
| 25 | performance assessment, if required under Section 21B-30, | ||||||
| 26 | and be recommended by the principal or qualified | ||||||
| |||||||
| |||||||
| 1 | equivalent of a principal, as required under subsection | ||||||
| 2 | (d) of this Section, and the program coordinator to be | ||||||
| 3 | recommended for full licensure or to continue with a | ||||||
| 4 | second year of the residency. | ||||||
| 5 | (3) (Blank). | ||||||
| 6 | (4) A comprehensive assessment of the candidate's | ||||||
| 7 | teaching effectiveness, as evaluated by the principal or | ||||||
| 8 | qualified equivalent of a principal, as required under | ||||||
| 9 | subsection (d) of this Section, and the program | ||||||
| 10 | coordinator, at the end of either the first or the second | ||||||
| 11 | year of residency. If there is disagreement between the 2 | ||||||
| 12 | evaluators about the candidate's teaching effectiveness at | ||||||
| 13 | the end of the first year of residency, a second year of | ||||||
| 14 | residency shall be required. If there is disagreement | ||||||
| 15 | between the 2 evaluators at the end of the second year of | ||||||
| 16 | residency, the candidate may complete one additional year | ||||||
| 17 | of residency teaching under a professional development | ||||||
| 18 | plan developed by the principal or qualified equivalent | ||||||
| 19 | and the preparation program. At the completion of the | ||||||
| 20 | third year, a candidate must have positive evaluations and | ||||||
| 21 | a recommendation for full licensure from both the | ||||||
| 22 | principal or qualified equivalent and the program | ||||||
| 23 | coordinator or no Professional Educator License shall be | ||||||
| 24 | issued. | ||||||
| 25 | Successful completion of the program shall be deemed to | ||||||
| 26 | satisfy any other practice or student teaching and content | ||||||
| |||||||
| |||||||
| 1 | matter requirements established by law. | ||||||
| 2 | (c) An alternative provisional educator endorsement on an | ||||||
| 3 | Educator License with Stipulations is valid for up to 2 years | ||||||
| 4 | of teaching in the public schools, including without | ||||||
| 5 | limitation a preschool educational program under Section | ||||||
| 6 | 2-3.71 of this Code or Section 15-30 of the Department of Early | ||||||
| 7 | Childhood Act or charter school, or in a State-recognized | ||||||
| 8 | nonpublic school in which the chief administrator is required | ||||||
| 9 | to have the licensure necessary to be a principal in a public | ||||||
| 10 | school in this State and in which a majority of the teachers | ||||||
| 11 | are required to have the licensure necessary to be instructors | ||||||
| 12 | in a public school in this State, but may be renewed for a | ||||||
| 13 | third year if needed to complete the Alternative Educator | ||||||
| 14 | Licensure Program for Teachers. The endorsement shall be | ||||||
| 15 | issued only once to an individual who meets all of the | ||||||
| 16 | following requirements: | ||||||
| 17 | (1) Has graduated from a regionally accredited college | ||||||
| 18 | or university with a bachelor's degree or higher. | ||||||
| 19 | (2) (Blank). | ||||||
| 20 | (3) Has completed a major in the content area if | ||||||
| 21 | seeking a middle or secondary level endorsement or, if | ||||||
| 22 | seeking an early childhood, elementary, or special | ||||||
| 23 | education endorsement, has completed a major in the | ||||||
| 24 | content area of early childhood reading, English/language | ||||||
| 25 | arts, mathematics, or one of the sciences. If the | ||||||
| 26 | individual does not have a major in a content area for any | ||||||
| |||||||
| |||||||
| 1 | level of teaching, he or she must submit transcripts to | ||||||
| 2 | the State Board of Education to be reviewed for | ||||||
| 3 | equivalency. | ||||||
| 4 | (4) Has successfully completed phase (1) of subsection | ||||||
| 5 | (b) of this Section. | ||||||
| 6 | (5) Has passed a content area test required for the | ||||||
| 7 | specific endorsement, as required under Section 21B-30 of | ||||||
| 8 | this Code. | ||||||
| 9 | A candidate possessing the alternative provisional | ||||||
| 10 | educator endorsement may receive a salary, benefits, and any | ||||||
| 11 | other terms of employment offered to teachers in the school | ||||||
| 12 | who are members of an exclusive bargaining representative, if | ||||||
| 13 | any, but a school is not required to provide these benefits | ||||||
| 14 | during the years of residency if the candidate is serving only | ||||||
| 15 | as a co-teacher. If the candidate is serving as the teacher of | ||||||
| 16 | record, the candidate must receive a salary, benefits, and any | ||||||
| 17 | other terms of employment. Residency experiences must not be | ||||||
| 18 | counted towards tenure. | ||||||
| 19 | (d) The recognized institution offering the Alternative | ||||||
| 20 | Educator Licensure Program for Teachers must partner with a | ||||||
| 21 | school district, including without limitation a preschool | ||||||
| 22 | educational program under Section 2-3.71 of this Code or | ||||||
| 23 | Section 15-30 of the Department of Early Childhood Act or | ||||||
| 24 | charter school, or a State-recognized, nonpublic school in | ||||||
| 25 | this State in which the chief administrator is required to | ||||||
| 26 | have the licensure necessary to be a principal in a public | ||||||
| |||||||
| |||||||
| 1 | school in this State and in which a majority of the teachers | ||||||
| 2 | are required to have the licensure necessary to be instructors | ||||||
| 3 | in a public school in this State. A recognized institution | ||||||
| 4 | that partners with a public school district administering a | ||||||
| 5 | preschool educational program under Section 2-3.71 of this | ||||||
| 6 | Code or Section 15-30 of the Department of Early Childhood Act | ||||||
| 7 | must require a principal to recommend or evaluate candidates | ||||||
| 8 | in the program. A recognized institution that partners with an | ||||||
| 9 | eligible entity administering a preschool educational program | ||||||
| 10 | under Section 2-3.71 of this Code or Section 15-30 of the | ||||||
| 11 | Department of Early Childhood Act and that is not a public | ||||||
| 12 | school district must require a principal or qualified | ||||||
| 13 | equivalent of a principal to recommend or evaluate candidates | ||||||
| 14 | in the program. The program presented for approval by the | ||||||
| 15 | State Board of Education must demonstrate the supports that | ||||||
| 16 | are to be provided to assist the provisional teacher during | ||||||
| 17 | the one-year or 2-year residency period and if the residency | ||||||
| 18 | period is to be less than 2 years in length, assurances from | ||||||
| 19 | the partner school districts to provide intensive mentoring | ||||||
| 20 | and supports through at least the end of the second full year | ||||||
| 21 | of teaching for educators who completed the Alternative | ||||||
| 22 | Educator Licensure Program for Teachers in less than 2 years. | ||||||
| 23 | These supports must, at a minimum, provide additional contact | ||||||
| 24 | hours with mentors during the first year of residency. | ||||||
| 25 | (e) Upon completion of phases under paragraphs (1), (2), | ||||||
| 26 | (4), and, if needed, (3) in subsection (b) of this Section and | ||||||
| |||||||
| |||||||
| 1 | all assessments required under Section 21B-30 of this Code, an | ||||||
| 2 | individual shall receive a Professional Educator License. | ||||||
| 3 | (f) The State Board of Education, in consultation with the | ||||||
| 4 | State Educator Preparation and Licensure Board, may adopt such | ||||||
| 5 | rules as may be necessary to establish and implement the | ||||||
| 6 | Alternative Educator Licensure Program for Teachers. | ||||||
| 7 | (Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; | ||||||
| 8 | 103-594, eff. 6-25-24; 103-605, eff. 7-1-24; 103-780, eff. | ||||||
| 9 | 8-2-24; revised 8-12-24.)
| ||||||
| 10 | (105 ILCS 5/22-94) | ||||||
| 11 | Sec. 22-94. Employment history review. | ||||||
| 12 | (a) This Section applies to all permanent and temporary | ||||||
| 13 | positions for employment with a school or a contractor of a | ||||||
| 14 | school involving direct contact with children or students. | ||||||
| 15 | (b) In this Section: | ||||||
| 16 | "Contractor" means firms holding contracts with any school | ||||||
| 17 | including, but not limited to, food service workers, school | ||||||
| 18 | bus drivers and other transportation employees, who have | ||||||
| 19 | direct contact with children or students. | ||||||
| 20 | "Direct contact with children or students" means the | ||||||
| 21 | possibility of care, supervision, guidance, or control of | ||||||
| 22 | children or students or routine interaction with children or | ||||||
| 23 | students. | ||||||
| 24 | "School" means a public or nonpublic elementary or | ||||||
| 25 | secondary school. | ||||||
| |||||||
| |||||||
| 1 | "Sexual misconduct" has the meaning ascribed to it in | ||||||
| 2 | subsection (c) of Section 22-85.5 of this Code. | ||||||
| 3 | (c) Prior to hiring an applicant to work directly with | ||||||
| 4 | children or students, a school or contractor must ensure that | ||||||
| 5 | the following criteria are met: | ||||||
| 6 | (1) the school or contractor has no knowledge or | ||||||
| 7 | information pertaining to the applicant that would | ||||||
| 8 | disqualify the applicant from employment; | ||||||
| 9 | (2) the applicant swears or affirms that the applicant | ||||||
| 10 | is not disqualified from employment; | ||||||
| 11 | (3) using the template developed by the State Board of | ||||||
| 12 | Education, the applicant provides all of the following: | ||||||
| 13 | (A) a list, including the name, address, telephone | ||||||
| 14 | number, and other relevant contact information of the | ||||||
| 15 | following: | ||||||
| 16 | (i) the applicant's current employer; | ||||||
| 17 | (ii) all former employers of the applicant | ||||||
| 18 | that were schools or school contractors, as well | ||||||
| 19 | as all former employers at which the applicant had | ||||||
| 20 | direct contact with children or students; | ||||||
| 21 | (B) A written authorization that consents to and | ||||||
| 22 | authorizes disclosure by the applicant's current and | ||||||
| 23 | former employers under subparagraph (A) of this | ||||||
| 24 | paragraph (3) of the information requested under | ||||||
| 25 | paragraph (4) of this subsection (c) and the release | ||||||
| 26 | of related records and that releases those employers | ||||||
| |||||||
| |||||||
| 1 | from any liability that may arise from such disclosure | ||||||
| 2 | or release of records pursuant to subsection (e). | ||||||
| 3 | (C) A written statement of whether the applicant: | ||||||
| 4 | (i) has been the subject of a sexual | ||||||
| 5 | misconduct allegation, unless a subsequent | ||||||
| 6 | investigation resulted in a finding that the | ||||||
| 7 | allegation was false, unfounded, or | ||||||
| 8 | unsubstantiated; | ||||||
| 9 | (ii) has ever been discharged from, been asked | ||||||
| 10 | to resign from, resigned from, or otherwise been | ||||||
| 11 | separated from any employment, has ever been | ||||||
| 12 | disciplined by an employer, or has ever had an | ||||||
| 13 | employment contract not renewed due to an | ||||||
| 14 | adjudication or finding of sexual misconduct or | ||||||
| 15 | while an allegation of sexual misconduct was | ||||||
| 16 | pending or under investigation, unless the | ||||||
| 17 | investigation resulted in a finding that the | ||||||
| 18 | allegation was false, unfounded, or | ||||||
| 19 | unsubstantiated; or | ||||||
| 20 | (iii) has ever had a license or certificate | ||||||
| 21 | suspended, surrendered, or revoked or had an | ||||||
| 22 | application for licensure, approval, or | ||||||
| 23 | endorsement denied due to an adjudication or | ||||||
| 24 | finding of sexual misconduct or while an | ||||||
| 25 | allegation of sexual misconduct was pending or | ||||||
| 26 | under investigation, unless the investigation | ||||||
| |||||||
| |||||||
| 1 | resulted in a finding that the allegation was | ||||||
| 2 | false, unfounded, or unsubstantiated. | ||||||
| 3 | (4) The school or contractor shall initiate a review | ||||||
| 4 | of the employment history of the applicant by contacting | ||||||
| 5 | those employers listed by the applicant under subparagraph | ||||||
| 6 | (A) of paragraph (3) of this subsection (c) and, using the | ||||||
| 7 | template developed by the State Board of Education, | ||||||
| 8 | request all of the following information: | ||||||
| 9 | (A) the dates of employment of the applicant; | ||||||
| 10 | (B) a statement as to whether the applicant: | ||||||
| 11 | (i) has been the subject of a sexual | ||||||
| 12 | misconduct allegation, unless a subsequent | ||||||
| 13 | investigation resulted in a finding that the | ||||||
| 14 | allegation was false, unfounded, or | ||||||
| 15 | unsubstantiated; | ||||||
| 16 | (ii) was discharged from, was asked to resign | ||||||
| 17 | from, resigned from, or was otherwise separated | ||||||
| 18 | from any employment, was disciplined by the | ||||||
| 19 | employer, or had an employment contract not | ||||||
| 20 | renewed due to an adjudication or finding of | ||||||
| 21 | sexual misconduct or while an allegation of sexual | ||||||
| 22 | misconduct was pending or under investigation, | ||||||
| 23 | unless the investigation resulted in a finding | ||||||
| 24 | that the allegation was false, unfounded, or | ||||||
| 25 | unsubstantiated; or | ||||||
| 26 | (iii) has ever had a license or certificate | ||||||
| |||||||
| |||||||
| 1 | suspended, surrendered, or revoked due to an | ||||||
| 2 | adjudication or finding of sexual misconduct or | ||||||
| 3 | while an allegation of sexual misconduct was | ||||||
| 4 | pending or under investigation, unless the | ||||||
| 5 | investigation resulted in a finding that the | ||||||
| 6 | allegation was false, unfounded, or | ||||||
| 7 | unsubstantiated. | ||||||
| 8 | (C) The template shall include the following | ||||||
| 9 | option: if the employer does not have records or | ||||||
| 10 | evidence regarding the questions in items (i) through | ||||||
| 11 | (iii) of subparagraph (B) of paragraph (4) of | ||||||
| 12 | subsection (c), the employer may state that there is | ||||||
| 13 | no knowledge of information pertaining to the | ||||||
| 14 | applicant that would disqualify the applicant from | ||||||
| 15 | employment. | ||||||
| 16 | (5) For applicants licensed by the State Board of | ||||||
| 17 | Education, the school district, charter school, or | ||||||
| 18 | nonpublic school shall verify the applicant's reported | ||||||
| 19 | previous employers with previous employers in the State | ||||||
| 20 | Board of Education's educator licensure database to ensure | ||||||
| 21 | accuracy. | ||||||
| 22 | (d) An applicant who provides false information or | ||||||
| 23 | willfully fails to disclose information required in subsection | ||||||
| 24 | (c) shall be subject to discipline, up to and including | ||||||
| 25 | termination or denial of employment. | ||||||
| 26 | (e) No later than 20 days after receiving a request for | ||||||
| |||||||
| |||||||
| 1 | information required under paragraph (4) of subsection (c), an | ||||||
| 2 | employer who has or had an employment relationship with the | ||||||
| 3 | applicant shall disclose the information requested. If the | ||||||
| 4 | employer has an office of human resources or a central office, | ||||||
| 5 | information shall be provided by that office. The employer who | ||||||
| 6 | has or had an employment relationship with the applicant shall | ||||||
| 7 | disclose the information on the template developed by the | ||||||
| 8 | State Board of Education. For any affirmative response to | ||||||
| 9 | items (i) through (iii) of subparagraph (B) of paragraph (4) | ||||||
| 10 | or subsection (c), the employer who has or had an employment | ||||||
| 11 | relationship with the applicant shall provide additional | ||||||
| 12 | information about the matters disclosed and all related | ||||||
| 13 | records. | ||||||
| 14 | A school shall complete the template at time of separation | ||||||
| 15 | from employment, or at the request of the employee, and | ||||||
| 16 | maintain it as part of the employee's personnel file. If the | ||||||
| 17 | school completes an investigation after an employee's | ||||||
| 18 | separation from employment, the school shall update the | ||||||
| 19 | information accordingly. | ||||||
| 20 | Information received under this Section shall not be | ||||||
| 21 | deemed a public record. | ||||||
| 22 | A school or contractor who receives information under this | ||||||
| 23 | subsection (e) may use the information for the purpose of | ||||||
| 24 | evaluating an applicant's fitness to be hired or for continued | ||||||
| 25 | employment and may report the information, as appropriate, to | ||||||
| 26 | the State Board of Education, a State licensing agency, a law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency, a child protective services agency, | ||||||
| 2 | another school or contractor, or a prospective employer. | ||||||
| 3 | An employer, school, school administrator, or contractor | ||||||
| 4 | who provides information or records about a current or former | ||||||
| 5 | employee or applicant under this Section is immune from | ||||||
| 6 | criminal and civil liability for the disclosure of the | ||||||
| 7 | information or records, unless the information or records | ||||||
| 8 | provided were knowingly false. This immunity shall be in | ||||||
| 9 | addition to and not a limitation on any other immunity | ||||||
| 10 | provided by law or any absolute or conditional privileges | ||||||
| 11 | applicable to the disclosure by virtue of the circumstances or | ||||||
| 12 | the applicant's consent to the disclosure and shall extent to | ||||||
| 13 | any circumstances when the employer, school, school | ||||||
| 14 | administrator, or contractor in good faith shares findings of | ||||||
| 15 | sexual misconduct with another employer. | ||||||
| 16 | Unless the laws of another state prevent the release of | ||||||
| 17 | the information or records requested or disclosure is | ||||||
| 18 | restricted by the terms of a contract entered into prior to | ||||||
| 19 | July 1, 2023 (the effective date of Public Act 102-702) this | ||||||
| 20 | amendatory Act of the 102nd General Assembly, and | ||||||
| 21 | notwithstanding any other provisions of law to the contrary, | ||||||
| 22 | an employer, school, school administrator, contractor, or | ||||||
| 23 | applicant shall report and disclose, in accordance with this | ||||||
| 24 | Section, all relevant information, records, and documentation | ||||||
| 25 | that may otherwise be confidential. | ||||||
| 26 | (f) A school or contractor may not hire an applicant who | ||||||
| |||||||
| |||||||
| 1 | does not provide the information required under subsection (c) | ||||||
| 2 | for a position involving direct contact with children or | ||||||
| 3 | students. | ||||||
| 4 | (g) Beginning on July 1, 2023 (the effective date of | ||||||
| 5 | Public Act 102-702) this amendatory Act of the 102nd General | ||||||
| 6 | Assembly, a school or contractor may not enter into a | ||||||
| 7 | collective bargaining agreement, an employment contract, an | ||||||
| 8 | agreement for resignation or termination, a severance | ||||||
| 9 | agreement, or any other contract or agreement or take any | ||||||
| 10 | action that: | ||||||
| 11 | (1) has the effect of suppressing information | ||||||
| 12 | concerning a pending investigation or a completed | ||||||
| 13 | investigation in which an allegation was substantiated | ||||||
| 14 | related to a report of suspected sexual misconduct by a | ||||||
| 15 | current or former employee; | ||||||
| 16 | (2) affects the ability of the school or contractor to | ||||||
| 17 | report suspected sexual misconduct to the appropriate | ||||||
| 18 | authorities; or | ||||||
| 19 | (3) requires the school or contractor to expunge | ||||||
| 20 | information about allegations or findings of suspected | ||||||
| 21 | sexual misconduct from any documents maintained by the | ||||||
| 22 | school or contractor, unless, after an investigation, an | ||||||
| 23 | allegation is found to be false, unfounded, or | ||||||
| 24 | unsubstantiated. | ||||||
| 25 | (h) Any provision of an employment contract or agreement | ||||||
| 26 | for resignation or termination or a severance agreement that | ||||||
| |||||||
| |||||||
| 1 | is executed, amended, or entered into on or after July 1, 2023 | ||||||
| 2 | (the effective date of Public Act 102-702) this amendatory Act | ||||||
| 3 | of the 102nd General Assembly and that is contrary to this | ||||||
| 4 | Section is void and unenforceable. | ||||||
| 5 | (i) For substitute employees, all of the following apply: | ||||||
| 6 | (1) The employment history review required by this | ||||||
| 7 | Section is required only prior to the initial hiring of a | ||||||
| 8 | substitute employee or placement on a school's approved | ||||||
| 9 | substitute list and shall remain valid as long as the | ||||||
| 10 | substitute employee continues to be employed by the same | ||||||
| 11 | school or remains on the school's approved substitute | ||||||
| 12 | list. | ||||||
| 13 | (2) A substitute employee seeking to be added to | ||||||
| 14 | another school's substitute list shall undergo an | ||||||
| 15 | additional employment history review under this Section. | ||||||
| 16 | Except as otherwise provided in paragraph (3) of this | ||||||
| 17 | subsection (i) or in subsection (k), the appearance of a | ||||||
| 18 | substitute employee on one school's substitute list does | ||||||
| 19 | not relieve another school from compliance with this | ||||||
| 20 | Section. | ||||||
| 21 | (3) An employment history review conducted upon | ||||||
| 22 | initial hiring of a substitute employee by a contractor or | ||||||
| 23 | any other entity that furnishes substitute staffing | ||||||
| 24 | services to schools shall satisfy the requirements of this | ||||||
| 25 | Section for all schools using the services of that | ||||||
| 26 | contractor or other entity. | ||||||
| |||||||
| |||||||
| 1 | (4) A contractor or any other entity furnishing | ||||||
| 2 | substitute staffing services to schools shall comply with | ||||||
| 3 | paragraphs (3) and (4) of subsection (j). | ||||||
| 4 | (j) For employees of contractors, all of the following | ||||||
| 5 | apply: | ||||||
| 6 | (1) The employment history review required by this | ||||||
| 7 | Section shall be performed, either at the time of the | ||||||
| 8 | initial hiring of an employee or prior to the assignment | ||||||
| 9 | of an existing employee to perform work for a school in a | ||||||
| 10 | position involving direct contact with children or | ||||||
| 11 | students. The review shall remain valid as long as the | ||||||
| 12 | employee remains employed by the same contractor, even if | ||||||
| 13 | assigned to perform work for other schools. | ||||||
| 14 | (2) A contractor shall maintain records documenting | ||||||
| 15 | employment history reviews for all employees as required | ||||||
| 16 | by this Section and, upon request, shall provide a school | ||||||
| 17 | for whom an employee is assigned to perform work access to | ||||||
| 18 | the records pertaining to that employee. | ||||||
| 19 | (3) Prior to assigning an employee to perform work for | ||||||
| 20 | a school in a position involving direct contact with | ||||||
| 21 | children or students, the contractor shall inform the | ||||||
| 22 | school of any instance known to the contractor in which | ||||||
| 23 | the employee: | ||||||
| 24 | (A) has been the subject of a sexual misconduct | ||||||
| 25 | allegation unless a subsequent investigation resulted | ||||||
| 26 | in a finding that the allegation was false, unfounded, | ||||||
| |||||||
| |||||||
| 1 | or unsubstantiated; | ||||||
| 2 | (B) has ever been discharged, been asked to resign | ||||||
| 3 | from, resigned from, or otherwise been separated from | ||||||
| 4 | any employment, been removed from a substitute list, | ||||||
| 5 | been disciplined by an employer, or had an employment | ||||||
| 6 | contract not renewed due to an adjudication or finding | ||||||
| 7 | of sexual misconduct or while an allegation of sexual | ||||||
| 8 | misconduct was pending or under investigation, unless | ||||||
| 9 | the investigation resulted in a finding that the | ||||||
| 10 | allegation was false, unfounded, or unsubstantiated; | ||||||
| 11 | or | ||||||
| 12 | (C) has ever had a license or certificate | ||||||
| 13 | suspended, surrendered, or revoked due to an | ||||||
| 14 | adjudication or finding of sexual misconduct or while | ||||||
| 15 | an allegation of sexual misconduct was pending or | ||||||
| 16 | under investigation, unless the investigation resulted | ||||||
| 17 | in a finding that the allegation was false, unfounded, | ||||||
| 18 | or unsubstantiated. | ||||||
| 19 | (4) The contractor may not assign an employee to | ||||||
| 20 | perform work for a school in a position involving direct | ||||||
| 21 | contact with children or students if the school objects to | ||||||
| 22 | the assignment after being informed of an instance listed | ||||||
| 23 | in paragraph (3). | ||||||
| 24 | (k) An applicant who has undergone an employment history | ||||||
| 25 | review under this Section and seeks to transfer to or provide | ||||||
| 26 | services to another school in the same school district, | ||||||
| |||||||
| |||||||
| 1 | diocese, or religious jurisdiction, or to another school | ||||||
| 2 | established and supervised by the same organization is not | ||||||
| 3 | required to obtain additional reports under this Section | ||||||
| 4 | before transferring. | ||||||
| 5 | (l) Nothing in this Section shall be construed: | ||||||
| 6 | (1) to prevent a prospective employer from conducting | ||||||
| 7 | further investigations of prospective employees or from | ||||||
| 8 | requiring applicants to provide additional background | ||||||
| 9 | information or authorizations beyond what is required | ||||||
| 10 | under this Section, nor to prevent a current or former | ||||||
| 11 | employer from disclosing more information than what is | ||||||
| 12 | required under this Section; | ||||||
| 13 | (2) to relieve a school, school employee, contractor | ||||||
| 14 | of the school, or agent of the school from any legal | ||||||
| 15 | responsibility to report sexual misconduct in accordance | ||||||
| 16 | with State and federal reporting requirements; | ||||||
| 17 | (3) to relieve a school, school employee, contractor | ||||||
| 18 | of the school, or agent of the school from any legal | ||||||
| 19 | responsibility to implement the provisions of Section 7926 | ||||||
| 20 | of Chapter 20 of the United States Code; or | ||||||
| 21 | (4) to prohibit the right of the exclusive bargaining | ||||||
| 22 | representative under a collective bargaining agreement to | ||||||
| 23 | grieve and arbitrate the validity of an employee's | ||||||
| 24 | termination or discipline for just cause. | ||||||
| 25 | (m) The State Board of Education shall develop the | ||||||
| 26 | templates required under paragraphs (3) and (4) of subsection | ||||||
| |||||||
| |||||||
| 1 | (c). | ||||||
| 2 | (Source: P.A. 102-702, eff. 7-1-23; revised 7-17-24.)
| ||||||
| 3 | (105 ILCS 5/24-4.1) (from Ch. 122, par. 24-4.1) | ||||||
| 4 | Sec. 24-4.1. Residence requirements.) Residency within any | ||||||
| 5 | school district shall not be considered in determining the | ||||||
| 6 | employment or the compensation of a teacher or whether to | ||||||
| 7 | retain, promote, assign, or transfer that teacher. | ||||||
| 8 | (Source: P.A. 82-381; revised 10-16-24.)
| ||||||
| 9 | (105 ILCS 5/24A-2.5) | ||||||
| 10 | Sec. 24A-2.5. Definitions. In this Article: | ||||||
| 11 | "Evaluator" means: | ||||||
| 12 | (1) an administrator qualified under Section 24A-3; or | ||||||
| 13 | (2) other individuals qualified under Section 24A-3, | ||||||
| 14 | provided that, if such other individuals are in the | ||||||
| 15 | bargaining unit of a district's teachers, the district and | ||||||
| 16 | the exclusive bargaining representative of that unit must | ||||||
| 17 | agree to those individuals evaluating other bargaining | ||||||
| 18 | unit members. | ||||||
| 19 | Notwithstanding anything to the contrary in item (2) of | ||||||
| 20 | this definition, a school district operating under Article 34 | ||||||
| 21 | of this Code may require department chairs qualified under | ||||||
| 22 | Section 24A-3 to evaluate teachers in their department or | ||||||
| 23 | departments, provided that the school district shall bargain | ||||||
| 24 | with the bargaining representative of its teachers over the | ||||||
| |||||||
| |||||||
| 1 | impact and effects on department chairs of such a requirement. | ||||||
| 2 | "Implementation date" means, unless otherwise specified | ||||||
| 3 | and provided that the requirements set forth in subsection (d) | ||||||
| 4 | of Section 24A-20 have been met: | ||||||
| 5 | (1) For school districts having 500,000 or more | ||||||
| 6 | inhabitants, in at least 300 schools by September 1, 2012 | ||||||
| 7 | and in the remaining schools by September 1, 2013. | ||||||
| 8 | (2) For school districts having less than 500,000 | ||||||
| 9 | inhabitants and receiving a Race to the Top Grant or | ||||||
| 10 | School Improvement Grant after January 15, 2010 (the | ||||||
| 11 | effective date of Public Act 96-861) this amendatory Act | ||||||
| 12 | of the 96th General Assembly, the date specified in those | ||||||
| 13 | grants for implementing an evaluation system for teachers | ||||||
| 14 | and principals incorporating student growth as a | ||||||
| 15 | significant factor. | ||||||
| 16 | (3) For the lowest performing 20% percent of remaining | ||||||
| 17 | school districts having less than 500,000 inhabitants | ||||||
| 18 | (with the measure of and school year or years used for | ||||||
| 19 | school district performance to be determined by the State | ||||||
| 20 | Superintendent of Education at a time determined by the | ||||||
| 21 | State Superintendent), September 1, 2015. | ||||||
| 22 | (4) For all other school districts having less than | ||||||
| 23 | 500,000 inhabitants, September 1, 2016. | ||||||
| 24 | Notwithstanding items (3) and (4) of this definition, a | ||||||
| 25 | school district and the exclusive bargaining representative of | ||||||
| 26 | its teachers may jointly agree in writing to an earlier | ||||||
| |||||||
| |||||||
| 1 | implementation date, provided that such date must not be | ||||||
| 2 | earlier than September 1, 2013. The written agreement of the | ||||||
| 3 | district and the exclusive bargaining representative must be | ||||||
| 4 | transmitted to the State Board of Education. | ||||||
| 5 | "Race to the Top Grant" means a grant made by the Secretary | ||||||
| 6 | of the U.S. Department of Education for the program first | ||||||
| 7 | funded pursuant to paragraph (2) of Section 14006(a) of the | ||||||
| 8 | American Recovery and Reinvestment Act of 2009. | ||||||
| 9 | "School Improvement Grant" means a grant made by the | ||||||
| 10 | Secretary of the U.S. Department of Education pursuant to | ||||||
| 11 | Section 1003(g) of the Elementary and Secondary Education Act. | ||||||
| 12 | (Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11; | ||||||
| 13 | revised 7-17-24.)
| ||||||
| 14 | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | ||||||
| 15 | Sec. 24A-5. Content of evaluation plans. This Section does | ||||||
| 16 | not apply to teachers assigned to schools identified in an | ||||||
| 17 | agreement entered into between the board of a school district | ||||||
| 18 | operating under Article 34 of this Code and the exclusive | ||||||
| 19 | representative of the district's teachers in accordance with | ||||||
| 20 | Section 34-85c of this Code. | ||||||
| 21 | Each school district to which this Article applies shall | ||||||
| 22 | establish a teacher evaluation plan which ensures that each | ||||||
| 23 | teacher in contractual continued service is evaluated at least | ||||||
| 24 | once in the course of every 2 or 3 school years as provided in | ||||||
| 25 | this Section. | ||||||
| |||||||
| |||||||
| 1 | Each school district shall establish a teacher evaluation | ||||||
| 2 | plan that ensures that: | ||||||
| 3 | (1) each teacher not in contractual continued service | ||||||
| 4 | is evaluated at least once every school year; and | ||||||
| 5 | (2) except as otherwise provided in this Section, each | ||||||
| 6 | teacher in contractual continued service is evaluated at | ||||||
| 7 | least once in the course of every 2 school years. However, | ||||||
| 8 | any teacher in contractual continued service whose | ||||||
| 9 | performance is rated as either "needs improvement" or | ||||||
| 10 | "unsatisfactory" must be evaluated at least once in the | ||||||
| 11 | school year following the receipt of such rating. | ||||||
| 12 | No later than September 1, 2022, each school district must | ||||||
| 13 | establish a teacher evaluation plan that ensures that each | ||||||
| 14 | teacher in contractual continued service whose performance is | ||||||
| 15 | rated as either "excellent" or "proficient" is evaluated at | ||||||
| 16 | least once in the course of the 3 school years after receipt of | ||||||
| 17 | the rating and implement an informal teacher observation plan | ||||||
| 18 | established by agency rule and by agreement of the joint | ||||||
| 19 | committee established under subsection (b) of Section 24A-4 of | ||||||
| 20 | this Code that ensures that each teacher in contractual | ||||||
| 21 | continued service whose performance is rated as either | ||||||
| 22 | "excellent" or "proficient" is informally observed at least | ||||||
| 23 | once in the course of the 2 school years after receipt of the | ||||||
| 24 | rating. | ||||||
| 25 | For the 2022-2023 school year only, if the Governor has | ||||||
| 26 | declared a disaster due to a public health emergency pursuant | ||||||
| |||||||
| |||||||
| 1 | to Section 7 of the Illinois Emergency Management Agency Act, | ||||||
| 2 | a school district may waive the evaluation requirement of all | ||||||
| 3 | teachers in contractual continued service whose performances | ||||||
| 4 | were rated as either "excellent" or "proficient" during the | ||||||
| 5 | last school year in which the teachers were evaluated under | ||||||
| 6 | this Section. | ||||||
| 7 | Notwithstanding anything to the contrary in this Section | ||||||
| 8 | or any other Section of this Code, a principal shall not be | ||||||
| 9 | prohibited from evaluating any teachers within a school during | ||||||
| 10 | his or her first year as principal of such school. If a | ||||||
| 11 | first-year principal exercises this option in a school | ||||||
| 12 | district where the evaluation plan provides for a teacher in | ||||||
| 13 | contractual continued service to be evaluated once in the | ||||||
| 14 | course of every 2 or 3 school years, as applicable, then a new | ||||||
| 15 | 2-year or 3-year evaluation plan must be established. | ||||||
| 16 | The evaluation plan shall comply with the requirements of | ||||||
| 17 | this Section and of any rules adopted by the State Board of | ||||||
| 18 | Education pursuant to this Section. | ||||||
| 19 | The plan shall include a description of each teacher's | ||||||
| 20 | duties and responsibilities and of the standards to which that | ||||||
| 21 | teacher is expected to conform, and shall include at least the | ||||||
| 22 | following components: | ||||||
| 23 | (a) personal observation of the teacher in the | ||||||
| 24 | classroom by the evaluator, unless the teacher has no | ||||||
| 25 | classroom duties. | ||||||
| 26 | (b) consideration of the teacher's attendance, | ||||||
| |||||||
| |||||||
| 1 | planning, instructional methods, classroom management, | ||||||
| 2 | where relevant, and competency in the subject matter | ||||||
| 3 | taught. | ||||||
| 4 | (c) by no later than the applicable implementation | ||||||
| 5 | date, consideration of student growth as a significant | ||||||
| 6 | factor in the rating of the teacher's performance. | ||||||
| 7 | (d) prior to September 1, 2012, rating of the | ||||||
| 8 | performance of teachers in contractual continued service | ||||||
| 9 | as either: | ||||||
| 10 | (i) "excellent", "satisfactory" or | ||||||
| 11 | "unsatisfactory"; or | ||||||
| 12 | (ii) "excellent", "proficient", "needs | ||||||
| 13 | improvement" or "unsatisfactory". | ||||||
| 14 | (e) on and after September 1, 2012, rating of the | ||||||
| 15 | performance of all teachers as "excellent", "proficient", | ||||||
| 16 | "needs improvement" or "unsatisfactory". | ||||||
| 17 | (f) specification as to the teacher's strengths and | ||||||
| 18 | weaknesses, with supporting reasons for the comments made. | ||||||
| 19 | (g) inclusion of a copy of the evaluation in the | ||||||
| 20 | teacher's personnel file and provision of a copy to the | ||||||
| 21 | teacher. | ||||||
| 22 | (h) within 30 school days after the completion of an | ||||||
| 23 | evaluation rating a teacher in contractual continued | ||||||
| 24 | service as "needs improvement", development by the | ||||||
| 25 | evaluator, in consultation with the teacher, and taking | ||||||
| 26 | into account the teacher's ongoing on-going professional | ||||||
| |||||||
| |||||||
| 1 | responsibilities including his or her regular teaching | ||||||
| 2 | assignments, of a professional development plan directed | ||||||
| 3 | to the areas that need improvement and any supports that | ||||||
| 4 | the district will provide to address the areas identified | ||||||
| 5 | as needing improvement. | ||||||
| 6 | (i) within 30 school days after completion of an | ||||||
| 7 | evaluation rating a teacher in contractual continued | ||||||
| 8 | service as "unsatisfactory", development and commencement | ||||||
| 9 | by the district of a remediation plan designed to correct | ||||||
| 10 | deficiencies cited, provided the deficiencies are deemed | ||||||
| 11 | remediable. In all school districts the remediation plan | ||||||
| 12 | for unsatisfactory, tenured teachers shall provide for 90 | ||||||
| 13 | school days of remediation within the classroom, unless an | ||||||
| 14 | applicable collective bargaining agreement provides for a | ||||||
| 15 | shorter duration. In all school districts evaluations | ||||||
| 16 | issued pursuant to this Section shall be issued within 10 | ||||||
| 17 | days after the conclusion of the respective remediation | ||||||
| 18 | plan. However, the school board or other governing | ||||||
| 19 | authority of the district shall not lose jurisdiction to | ||||||
| 20 | discharge a teacher in the event the evaluation is not | ||||||
| 21 | issued within 10 days after the conclusion of the | ||||||
| 22 | respective remediation plan. | ||||||
| 23 | (j) participation in the remediation plan by the | ||||||
| 24 | teacher in contractual continued service rated | ||||||
| 25 | "unsatisfactory", an evaluator and a consulting teacher | ||||||
| 26 | selected by the evaluator of the teacher who was rated | ||||||
| |||||||
| |||||||
| 1 | "unsatisfactory", which consulting teacher is an | ||||||
| 2 | educational employee as defined in the Illinois | ||||||
| 3 | Educational Labor Relations Act, has at least 5 years' | ||||||
| 4 | teaching experience, and a reasonable familiarity with the | ||||||
| 5 | assignment of the teacher being evaluated, and who | ||||||
| 6 | received an "excellent" rating on his or her most recent | ||||||
| 7 | evaluation. Where no teachers who meet these criteria are | ||||||
| 8 | available within the district, the district shall request | ||||||
| 9 | and the applicable regional office of education shall | ||||||
| 10 | supply, to participate in the remediation process, an | ||||||
| 11 | individual who meets these criteria. | ||||||
| 12 | In a district having a population of less than 500,000 | ||||||
| 13 | with an exclusive bargaining agent, the bargaining agent | ||||||
| 14 | may, if it so chooses, supply a roster of qualified | ||||||
| 15 | teachers from whom the consulting teacher is to be | ||||||
| 16 | selected. That roster shall, however, contain the names of | ||||||
| 17 | at least 5 teachers, each of whom meets the criteria for | ||||||
| 18 | consulting teacher with regard to the teacher being | ||||||
| 19 | evaluated, or the names of all teachers so qualified if | ||||||
| 20 | that number is less than 5. In the event of a dispute as to | ||||||
| 21 | qualification, the State Board shall determine | ||||||
| 22 | qualification. | ||||||
| 23 | (k) a mid-point and final evaluation by an evaluator | ||||||
| 24 | during and at the end of the remediation period, | ||||||
| 25 | immediately following receipt of a remediation plan | ||||||
| 26 | provided for under subsections (i) and (j) of this | ||||||
| |||||||
| |||||||
| 1 | Section. Each evaluation shall assess the teacher's | ||||||
| 2 | performance during the time period since the prior | ||||||
| 3 | evaluation; provided that the last evaluation shall also | ||||||
| 4 | include an overall evaluation of the teacher's performance | ||||||
| 5 | during the remediation period. A written copy of the | ||||||
| 6 | evaluations and ratings, in which any deficiencies in | ||||||
| 7 | performance and recommendations for correction are | ||||||
| 8 | identified, shall be provided to and discussed with the | ||||||
| 9 | teacher within 10 school days after the date of the | ||||||
| 10 | evaluation, unless an applicable collective bargaining | ||||||
| 11 | agreement provides to the contrary. These subsequent | ||||||
| 12 | evaluations shall be conducted by an evaluator. The | ||||||
| 13 | consulting teacher shall provide advice to the teacher | ||||||
| 14 | rated "unsatisfactory" on how to improve teaching skills | ||||||
| 15 | and to successfully complete the remediation plan. The | ||||||
| 16 | consulting teacher shall participate in developing the | ||||||
| 17 | remediation plan, but the final decision as to the | ||||||
| 18 | evaluation shall be done solely by the evaluator, unless | ||||||
| 19 | an applicable collective bargaining agreement provides to | ||||||
| 20 | the contrary. Evaluations at the conclusion of the | ||||||
| 21 | remediation process shall be separate and distinct from | ||||||
| 22 | the required annual evaluations of teachers and shall not | ||||||
| 23 | be subject to the guidelines and procedures relating to | ||||||
| 24 | those annual evaluations. The evaluator may but is not | ||||||
| 25 | required to use the forms provided for the annual | ||||||
| 26 | evaluation of teachers in the district's evaluation plan. | ||||||
| |||||||
| |||||||
| 1 | (l) reinstatement to the evaluation schedule set forth | ||||||
| 2 | in the district's evaluation plan for any teacher in | ||||||
| 3 | contractual continued service who achieves a rating equal | ||||||
| 4 | to or better than "satisfactory" or "proficient" in the | ||||||
| 5 | school year following a rating of "needs improvement" or | ||||||
| 6 | "unsatisfactory". | ||||||
| 7 | (m) dismissal in accordance with subsection (d) of | ||||||
| 8 | Section 24-12 or Section 24-16.5 or 34-85 of this Code of | ||||||
| 9 | any teacher who fails to complete any applicable | ||||||
| 10 | remediation plan with a rating equal to or better than a | ||||||
| 11 | "satisfactory" or "proficient" rating. Districts and | ||||||
| 12 | teachers subject to dismissal hearings are precluded from | ||||||
| 13 | compelling the testimony of consulting teachers at such | ||||||
| 14 | hearings under subsection (d) of Section 24-12 or Section | ||||||
| 15 | 24-16.5 or 34-85 of this Code, either as to the rating | ||||||
| 16 | process or for opinions of performances by teachers under | ||||||
| 17 | remediation. | ||||||
| 18 | (n) After the implementation date of an evaluation | ||||||
| 19 | system for teachers in a district as specified in Section | ||||||
| 20 | 24A-2.5 of this Code, if a teacher in contractual | ||||||
| 21 | continued service successfully completes a remediation | ||||||
| 22 | plan following a rating of "unsatisfactory" in an overall | ||||||
| 23 | performance evaluation received after the foregoing | ||||||
| 24 | implementation date and receives a subsequent rating of | ||||||
| 25 | "unsatisfactory" in any of the teacher's overall | ||||||
| 26 | performance evaluation ratings received during the | ||||||
| |||||||
| |||||||
| 1 | 36-month period following the teacher's completion of the | ||||||
| 2 | remediation plan, then the school district may forgo | ||||||
| 3 | remediation and seek dismissal in accordance with | ||||||
| 4 | subsection (d) of Section 24-12 or Section 34-85 of this | ||||||
| 5 | Code. | ||||||
| 6 | (o) Teachers who are due to be evaluated in the last | ||||||
| 7 | year before they are set to retire shall be offered the | ||||||
| 8 | opportunity to waive their evaluation and to retain their | ||||||
| 9 | most recent rating, unless the teacher was last rated as | ||||||
| 10 | "needs improvement" or "unsatisfactory". The school | ||||||
| 11 | district may still reserve the right to evaluate a teacher | ||||||
| 12 | provided the district gives notice to the teacher at least | ||||||
| 13 | 14 days before the evaluation and a reason for evaluating | ||||||
| 14 | the teacher. | ||||||
| 15 | Nothing in this Section or Section 24A-4 shall be | ||||||
| 16 | construed as preventing immediate dismissal of a teacher for | ||||||
| 17 | deficiencies which are deemed irremediable or for actions | ||||||
| 18 | which are injurious to or endanger the health or person of | ||||||
| 19 | students in the classroom or school, or preventing the | ||||||
| 20 | dismissal or non-renewal of teachers not in contractual | ||||||
| 21 | continued service for any reason not prohibited by applicable | ||||||
| 22 | employment, labor, and civil rights laws. Failure to strictly | ||||||
| 23 | comply with the time requirements contained in Section 24A-5 | ||||||
| 24 | shall not invalidate the results of the remediation plan. | ||||||
| 25 | 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 | If the Governor has declared a disaster due to a public | ||||||
| 5 | health emergency pursuant to Section 7 of the Illinois | ||||||
| 6 | Emergency Management Agency Act that suspends in-person | ||||||
| 7 | instruction, the timelines in this Section connected to the | ||||||
| 8 | commencement and completion of any remediation plan are | ||||||
| 9 | waived. Except if the parties mutually agree otherwise and the | ||||||
| 10 | agreement is in writing, any remediation plan that had been in | ||||||
| 11 | place for more than 45 days prior to the suspension of | ||||||
| 12 | in-person instruction shall resume when in-person instruction | ||||||
| 13 | resumes and any remediation plan that had been in place for | ||||||
| 14 | fewer than 45 days prior to the suspension of in-person | ||||||
| 15 | instruction shall be discontinued and a new remediation period | ||||||
| 16 | shall begin when in-person instruction resumes. The | ||||||
| 17 | requirements of this paragraph apply regardless of whether | ||||||
| 18 | they are included in a school district's teacher evaluation | ||||||
| 19 | plan. | ||||||
| 20 | (Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22; | ||||||
| 21 | 103-85, eff. 6-9-23; 103-605, eff. 7-1-24; revised 8-8-24.)
| ||||||
| 22 | (105 ILCS 5/27-23.17) | ||||||
| 23 | Sec. 27-23.17. Workplace Readiness Week. | ||||||
| 24 | (a) Beginning with the 2024-2025 school year, all public | ||||||
| 25 | high schools, including charter schools, may designate and | ||||||
| |||||||
| |||||||
| 1 | annually observe a week known as "Workplace Readiness Week". | ||||||
| 2 | During that week, students shall be provided information on | ||||||
| 3 | their rights as workers. The topics covered shall include, but | ||||||
| 4 | are not limited to, local, State, and federal laws regarding | ||||||
| 5 | each of the following areas and shall include the labor | ||||||
| 6 | movement's role in winning the protections and benefits | ||||||
| 7 | described in those areas: | ||||||
| 8 | (1) Prohibitions against misclassification of | ||||||
| 9 | employees as independent contractors. | ||||||
| 10 | (2) Child labor. | ||||||
| 11 | (3) Wage and hour protections. | ||||||
| 12 | (4) Worker safety. | ||||||
| 13 | (5) Workers' compensation. | ||||||
| 14 | (6) Unemployment insurance. | ||||||
| 15 | (7) Paid sick leave and paid family leave. | ||||||
| 16 | (8) The right to organize a union in the workplace. | ||||||
| 17 | (9) Prohibitions against retaliation by employers when | ||||||
| 18 | workers exercise their rights as workers or any other | ||||||
| 19 | rights guaranteed by law. | ||||||
| 20 | During Workplace Readiness Week, students shall also be | ||||||
| 21 | provided information introducing them to State-approved | ||||||
| 22 | apprenticeship programs, how to access them, the variety of | ||||||
| 23 | programs available, and how they can provide an alternative | ||||||
| 24 | career path for those students who choose not to attend a | ||||||
| 25 | traditional higher education program. | ||||||
| 26 | (b) If a school observes Workplace Readiness Week under | ||||||
| |||||||
| |||||||
| 1 | this Section, then, for students in grades 11 and 12, the | ||||||
| 2 | information required to be provided in subsection (a) shall be | ||||||
| 3 | integrated into the regular school program but may also be | ||||||
| 4 | provided during special events after regular school hours. | ||||||
| 5 | Integration into the regular school program is encouraged, but | ||||||
| 6 | not required, to occur during Workplace Readiness Week. | ||||||
| 7 | (Source: P.A. 103-598, eff. 7-1-24.)
| ||||||
| 8 | (105 ILCS 5/27-23.18) | ||||||
| 9 | Sec. 27-23.18 27-23.17. Relaxation activities. Each school | ||||||
| 10 | district may provide to students, in addition to and not | ||||||
| 11 | substituting recess, at least 20 minutes a week of relaxation | ||||||
| 12 | activities to enhance the mental and physical health of | ||||||
| 13 | students as part of the school day. Relaxation activities may | ||||||
| 14 | include, but are not limited to, mindful-based movements, | ||||||
| 15 | yoga, stretching, meditation, breathing exercises, guided | ||||||
| 16 | relaxation techniques, quiet time, walking, in-person | ||||||
| 17 | conversation, and other stress-relieving activities. A school | ||||||
| 18 | district may partner with public and private community | ||||||
| 19 | organizations to provide relaxation activities. These | ||||||
| 20 | activities may take place in a physical education class, | ||||||
| 21 | social-emotional learning class, or student-support or | ||||||
| 22 | advisory class or as a part of another similar class, | ||||||
| 23 | including a new class. | ||||||
| 24 | (Source: P.A. 103-764, eff. 1-1-25; revised 12-3-24.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/27A-5) | ||||||
| 2 | (Text of Section before amendment by P.A. 102-466) | ||||||
| 3 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
| 4 | (a) A charter school shall be a public, nonsectarian, | ||||||
| 5 | nonreligious, non-home based, and non-profit school. A charter | ||||||
| 6 | school shall be organized and operated as a nonprofit | ||||||
| 7 | corporation or other discrete, legal, nonprofit entity | ||||||
| 8 | authorized under the laws of the State of Illinois. | ||||||
| 9 | (b) A charter school may be established under this Article | ||||||
| 10 | by creating a new school or by converting an existing public | ||||||
| 11 | school or attendance center to charter school status. In all | ||||||
| 12 | new applications to establish a charter school in a city | ||||||
| 13 | having a population exceeding 500,000, operation of the | ||||||
| 14 | charter school shall be limited to one campus. This limitation | ||||||
| 15 | does not apply to charter schools existing or approved on or | ||||||
| 16 | before April 16, 2003. | ||||||
| 17 | (b-5) (Blank). | ||||||
| 18 | (c) A charter school shall be administered and governed by | ||||||
| 19 | its board of directors or other governing body in the manner | ||||||
| 20 | provided in its charter. The governing body of a charter | ||||||
| 21 | school shall be subject to the Freedom of Information Act and | ||||||
| 22 | the Open Meetings Act. A charter school's board of directors | ||||||
| 23 | or other governing body must include at least one parent or | ||||||
| 24 | guardian of a pupil currently enrolled in the charter school | ||||||
| 25 | who may be selected through the charter school or a charter | ||||||
| 26 | network election, appointment by the charter school's board of | ||||||
| |||||||
| |||||||
| 1 | directors or other governing body, or by the charter school's | ||||||
| 2 | Parent Teacher Organization or its equivalent. | ||||||
| 3 | (c-5) No later than January 1, 2021 or within the first | ||||||
| 4 | year of his or her first term, every voting member of a charter | ||||||
| 5 | school's board of directors or other governing body shall | ||||||
| 6 | complete a minimum of 4 hours of professional development | ||||||
| 7 | leadership training to ensure that each member has sufficient | ||||||
| 8 | familiarity with the board's or governing body's role and | ||||||
| 9 | responsibilities, including financial oversight and | ||||||
| 10 | accountability of the school, evaluating the principal's and | ||||||
| 11 | school's performance, adherence to the Freedom of Information | ||||||
| 12 | Act and the Open Meetings Act, and compliance with education | ||||||
| 13 | and labor law. In each subsequent year of his or her term, a | ||||||
| 14 | voting member of a charter school's board of directors or | ||||||
| 15 | other governing body shall complete a minimum of 2 hours of | ||||||
| 16 | professional development training in these same areas. The | ||||||
| 17 | training under this subsection may be provided or certified by | ||||||
| 18 | a statewide charter school membership association or may be | ||||||
| 19 | provided or certified by other qualified providers approved by | ||||||
| 20 | the State Board. | ||||||
| 21 | (d) For purposes of this subsection (d), "non-curricular | ||||||
| 22 | health and safety requirement" means any health and safety | ||||||
| 23 | requirement created by statute or rule to provide, maintain, | ||||||
| 24 | preserve, or safeguard safe or healthful conditions for | ||||||
| 25 | students and school personnel or to eliminate, reduce, or | ||||||
| 26 | prevent threats to the health and safety of students and | ||||||
| |||||||
| |||||||
| 1 | school personnel. "Non-curricular health and safety | ||||||
| 2 | requirement" does not include any course of study or | ||||||
| 3 | specialized instructional requirement for which the State | ||||||
| 4 | Board has established goals and learning standards or which is | ||||||
| 5 | designed primarily to impart knowledge and skills for students | ||||||
| 6 | to master and apply as an outcome of their education. | ||||||
| 7 | A charter school shall comply with all non-curricular | ||||||
| 8 | health and safety requirements applicable to public schools | ||||||
| 9 | under the laws of the State of Illinois. The State Board shall | ||||||
| 10 | promulgate and post on its Internet website a list of | ||||||
| 11 | non-curricular health and safety requirements that a charter | ||||||
| 12 | school must meet. The list shall be updated annually no later | ||||||
| 13 | than September 1. Any charter contract between a charter | ||||||
| 14 | school and its authorizer must contain a provision that | ||||||
| 15 | requires the charter school to follow the list of all | ||||||
| 16 | non-curricular health and safety requirements promulgated by | ||||||
| 17 | the State Board and any non-curricular health and safety | ||||||
| 18 | requirements added by the State Board to such list during the | ||||||
| 19 | term of the charter. Nothing in this subsection (d) precludes | ||||||
| 20 | an authorizer from including non-curricular health and safety | ||||||
| 21 | requirements in a charter school contract that are not | ||||||
| 22 | contained in the list promulgated by the State Board, | ||||||
| 23 | including non-curricular health and safety requirements of the | ||||||
| 24 | authorizing local school board. | ||||||
| 25 | (e) Except as otherwise provided in the School Code, a | ||||||
| 26 | charter school shall not charge tuition; provided that a | ||||||
| |||||||
| |||||||
| 1 | charter school may charge reasonable fees for textbooks, | ||||||
| 2 | instructional materials, and student activities. | ||||||
| 3 | (f) A charter school shall be responsible for the | ||||||
| 4 | management and operation of its fiscal affairs, including, but | ||||||
| 5 | not limited to, the preparation of its budget. An audit of each | ||||||
| 6 | charter school's finances shall be conducted annually by an | ||||||
| 7 | outside, independent contractor retained by the charter | ||||||
| 8 | school. The contractor shall not be an employee of the charter | ||||||
| 9 | school or affiliated with the charter school or its authorizer | ||||||
| 10 | in any way, other than to audit the charter school's finances. | ||||||
| 11 | To ensure financial accountability for the use of public | ||||||
| 12 | funds, on or before December 1 of every year of operation, each | ||||||
| 13 | charter school shall submit to its authorizer and the State | ||||||
| 14 | Board a copy of its audit and a copy of the Form 990 the | ||||||
| 15 | charter school filed that year with the federal Internal | ||||||
| 16 | Revenue Service. In addition, if deemed necessary for proper | ||||||
| 17 | financial oversight of the charter school, an authorizer may | ||||||
| 18 | require quarterly financial statements from each charter | ||||||
| 19 | school. | ||||||
| 20 | (g) A charter school shall comply with all provisions of | ||||||
| 21 | this Article, the Illinois Educational Labor Relations Act, | ||||||
| 22 | all federal and State laws and rules applicable to public | ||||||
| 23 | schools that pertain to special education and the instruction | ||||||
| 24 | of English learners, and its charter. A charter school is | ||||||
| 25 | exempt from all other State laws and regulations in this Code | ||||||
| 26 | governing public schools and local school board policies; | ||||||
| |||||||
| |||||||
| 1 | however, a charter school is not exempt from the following: | ||||||
| 2 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
| 3 | regarding criminal history records checks and checks of | ||||||
| 4 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
| 5 | and Violent Offender Against Youth Database of applicants | ||||||
| 6 | for employment; | ||||||
| 7 | (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, | ||||||
| 8 | and 34-84a of this Code regarding discipline of students; | ||||||
| 9 | (3) the Local Governmental and Governmental Employees | ||||||
| 10 | Tort Immunity Act; | ||||||
| 11 | (4) Section 108.75 of the General Not For Profit | ||||||
| 12 | Corporation Act of 1986 regarding indemnification of | ||||||
| 13 | officers, directors, employees, and agents; | ||||||
| 14 | (5) the Abused and Neglected Child Reporting Act; | ||||||
| 15 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
| 16 | subsection (b) of Section 34-18.6 of this Code; | ||||||
| 17 | (6) the Illinois School Student Records Act; | ||||||
| 18 | (7) Section 10-17a of this Code regarding school | ||||||
| 19 | report cards; | ||||||
| 20 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 21 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 22 | prevention; | ||||||
| 23 | (10) Section 2-3.162 of this Code regarding student | ||||||
| 24 | discipline reporting; | ||||||
| 25 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
| 26 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
| |||||||
| |||||||
| 1 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
| 2 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
| 3 | (15) Section 22-30 of this Code; | ||||||
| 4 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
| 5 | (17) the Seizure Smart School Act; | ||||||
| 6 | (18) Section 2-3.64a-10 of this Code; | ||||||
| 7 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
| 8 | (20) Section 10-22.25b of this Code; | ||||||
| 9 | (21) Section 27-9.1a of this Code; | ||||||
| 10 | (22) Section 27-9.1b of this Code; | ||||||
| 11 | (23) Section 34-18.8 of this Code; | ||||||
| 12 | (25) Section 2-3.188 of this Code; | ||||||
| 13 | (26) Section 22-85.5 of this Code; | ||||||
| 14 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
| 15 | 10-20.56 of this Code; | ||||||
| 16 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
| 17 | (29) Section 10-20.13 of this Code; | ||||||
| 18 | (30) Section 28-19.2 of this Code; | ||||||
| 19 | (31) Section 34-21.6 of this Code; | ||||||
| 20 | (32) Section 22-85.10 of this Code; | ||||||
| 21 | (33) Section 2-3.196 of this Code; | ||||||
| 22 | (34) Section 22-95 of this Code; | ||||||
| 23 | (35) Section 34-18.62 of this Code; | ||||||
| 24 | (36) the Illinois Human Rights Act; and | ||||||
| 25 | (37) Section 2-3.204 of this Code. | ||||||
| 26 | The change made by Public Act 96-104 to this subsection | ||||||
| |||||||
| |||||||
| 1 | (g) is declaratory of existing law. | ||||||
| 2 | (h) A charter school may negotiate and contract with a | ||||||
| 3 | school district, the governing body of a State college or | ||||||
| 4 | university or public community college, or any other public or | ||||||
| 5 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
| 6 | school building and grounds or any other real property or | ||||||
| 7 | facilities that the charter school desires to use or convert | ||||||
| 8 | for use as a charter school site, (ii) the operation and | ||||||
| 9 | maintenance thereof, and (iii) the provision of any service, | ||||||
| 10 | activity, or undertaking that the charter school is required | ||||||
| 11 | to perform in order to carry out the terms of its charter. | ||||||
| 12 | Except as provided in subsection (i) of this Section, a school | ||||||
| 13 | district may charge a charter school reasonable rent for the | ||||||
| 14 | use of the district's buildings, grounds, and facilities. Any | ||||||
| 15 | services for which a charter school contracts with a school | ||||||
| 16 | district shall be provided by the district at cost. Any | ||||||
| 17 | services for which a charter school contracts with a local | ||||||
| 18 | school board or with the governing body of a State college or | ||||||
| 19 | university or public community college shall be provided by | ||||||
| 20 | the public entity at cost. | ||||||
| 21 | (i) In no event shall a charter school that is established | ||||||
| 22 | by converting an existing school or attendance center to | ||||||
| 23 | charter school status be required to pay rent for space that is | ||||||
| 24 | deemed available, as negotiated and provided in the charter | ||||||
| 25 | agreement, in school district facilities. However, all other | ||||||
| 26 | costs for the operation and maintenance of school district | ||||||
| |||||||
| |||||||
| 1 | facilities that are used by the charter school shall be | ||||||
| 2 | subject to negotiation between the charter school and the | ||||||
| 3 | local school board and shall be set forth in the charter. | ||||||
| 4 | (j) A charter school may limit student enrollment by age | ||||||
| 5 | or grade level. | ||||||
| 6 | (k) If the charter school is authorized by the State | ||||||
| 7 | Board, then the charter school is its own local education | ||||||
| 8 | agency. | ||||||
| 9 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
| 10 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||||||
| 11 | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||||||
| 12 | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||||||
| 13 | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||||||
| 14 | eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24; | ||||||
| 15 | 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.)
| ||||||
| 16 | (Text of Section after amendment by P.A. 102-466) | ||||||
| 17 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
| 18 | (a) A charter school shall be a public, nonsectarian, | ||||||
| 19 | nonreligious, non-home based, and non-profit school. A charter | ||||||
| 20 | school shall be organized and operated as a nonprofit | ||||||
| 21 | corporation or other discrete, legal, nonprofit entity | ||||||
| 22 | authorized under the laws of the State of Illinois. | ||||||
| 23 | (b) A charter school may be established under this Article | ||||||
| 24 | by creating a new school or by converting an existing public | ||||||
| 25 | school or attendance center to charter school status. In all | ||||||
| |||||||
| |||||||
| 1 | new applications to establish a charter school in a city | ||||||
| 2 | having a population exceeding 500,000, operation of the | ||||||
| 3 | charter school shall be limited to one campus. This limitation | ||||||
| 4 | does not apply to charter schools existing or approved on or | ||||||
| 5 | before April 16, 2003. | ||||||
| 6 | (b-5) (Blank). | ||||||
| 7 | (c) A charter school shall be administered and governed by | ||||||
| 8 | its board of directors or other governing body in the manner | ||||||
| 9 | provided in its charter. The governing body of a charter | ||||||
| 10 | school shall be subject to the Freedom of Information Act and | ||||||
| 11 | the Open Meetings Act. A charter school's board of directors | ||||||
| 12 | or other governing body must include at least one parent or | ||||||
| 13 | guardian of a pupil currently enrolled in the charter school | ||||||
| 14 | who may be selected through the charter school or a charter | ||||||
| 15 | network election, appointment by the charter school's board of | ||||||
| 16 | directors or other governing body, or by the charter school's | ||||||
| 17 | Parent Teacher Organization or its equivalent. | ||||||
| 18 | (c-5) No later than January 1, 2021 or within the first | ||||||
| 19 | year of his or her first term, every voting member of a charter | ||||||
| 20 | school's board of directors or other governing body shall | ||||||
| 21 | complete a minimum of 4 hours of professional development | ||||||
| 22 | leadership training to ensure that each member has sufficient | ||||||
| 23 | familiarity with the board's or governing body's role and | ||||||
| 24 | responsibilities, including financial oversight and | ||||||
| 25 | accountability of the school, evaluating the principal's and | ||||||
| 26 | school's performance, adherence to the Freedom of Information | ||||||
| |||||||
| |||||||
| 1 | Act and the Open Meetings Act, and compliance with education | ||||||
| 2 | and labor law. In each subsequent year of his or her term, a | ||||||
| 3 | voting member of a charter school's board of directors or | ||||||
| 4 | other governing body shall complete a minimum of 2 hours of | ||||||
| 5 | professional development training in these same areas. The | ||||||
| 6 | training under this subsection may be provided or certified by | ||||||
| 7 | a statewide charter school membership association or may be | ||||||
| 8 | provided or certified by other qualified providers approved by | ||||||
| 9 | the State Board. | ||||||
| 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 | ||||||
| 16 | school personnel. "Non-curricular health and safety | ||||||
| 17 | requirement" does not include any course of study or | ||||||
| 18 | specialized instructional requirement for which the State | ||||||
| 19 | Board has established goals and learning standards or which is | ||||||
| 20 | designed primarily to impart knowledge and skills for students | ||||||
| 21 | to master and apply as an 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. The State Board shall | ||||||
| 25 | promulgate and post on its Internet website a list of | ||||||
| 26 | non-curricular health and safety requirements that a charter | ||||||
| |||||||
| |||||||
| 1 | school must meet. The list shall be updated annually no later | ||||||
| 2 | than September 1. Any charter contract between a charter | ||||||
| 3 | school and its authorizer must contain a provision that | ||||||
| 4 | requires the charter school to follow the list of all | ||||||
| 5 | non-curricular health and safety requirements promulgated by | ||||||
| 6 | the State Board and any non-curricular health and safety | ||||||
| 7 | requirements added by the State Board to such list during the | ||||||
| 8 | term of the charter. Nothing in this subsection (d) precludes | ||||||
| 9 | an authorizer from including non-curricular health and safety | ||||||
| 10 | requirements in a charter school contract that are not | ||||||
| 11 | 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. The contractor shall not be an employee of the charter | ||||||
| 24 | school or affiliated with the charter school or its authorizer | ||||||
| 25 | in any way, other than to audit the charter school's finances. | ||||||
| 26 | To ensure financial accountability for the use of public | ||||||
| |||||||
| |||||||
| 1 | funds, on or before December 1 of every year of operation, each | ||||||
| 2 | charter school shall submit to its authorizer and the State | ||||||
| 3 | Board a copy of its audit and a copy of the Form 990 the | ||||||
| 4 | charter school filed that year with the federal Internal | ||||||
| 5 | Revenue Service. In addition, if deemed necessary for proper | ||||||
| 6 | financial oversight of the charter school, an authorizer may | ||||||
| 7 | require quarterly financial statements from each charter | ||||||
| 8 | school. | ||||||
| 9 | (g) A charter school shall comply with all provisions of | ||||||
| 10 | this Article, the Illinois Educational Labor Relations Act, | ||||||
| 11 | all federal and State laws and rules applicable to public | ||||||
| 12 | schools that pertain to special education and the instruction | ||||||
| 13 | of English learners, and its charter. A charter school is | ||||||
| 14 | exempt from all other State laws and regulations in this Code | ||||||
| 15 | governing public schools and local school board policies; | ||||||
| 16 | however, a charter school is not exempt from the following: | ||||||
| 17 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
| 18 | regarding criminal history records checks and checks of | ||||||
| 19 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
| 20 | and Violent Offender Against Youth Database of applicants | ||||||
| 21 | for employment; | ||||||
| 22 | (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, | ||||||
| 23 | and 34-84a of this Code regarding discipline of students; | ||||||
| 24 | (3) the Local Governmental and Governmental Employees | ||||||
| 25 | Tort Immunity Act; | ||||||
| 26 | (4) Section 108.75 of the General Not For Profit | ||||||
| |||||||
| |||||||
| 1 | Corporation Act of 1986 regarding indemnification of | ||||||
| 2 | officers, directors, employees, and agents; | ||||||
| 3 | (5) the Abused and Neglected Child Reporting Act; | ||||||
| 4 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
| 5 | subsection (b) of Section 34-18.6 of this Code; | ||||||
| 6 | (6) the Illinois School Student Records Act; | ||||||
| 7 | (7) Section 10-17a of this Code regarding school | ||||||
| 8 | report cards; | ||||||
| 9 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 10 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 11 | prevention; | ||||||
| 12 | (10) Section 2-3.162 of this Code regarding student | ||||||
| 13 | discipline reporting; | ||||||
| 14 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
| 15 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
| 16 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
| 17 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
| 18 | (15) Section 22-30 of this Code; | ||||||
| 19 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
| 20 | (17) the Seizure Smart School Act; | ||||||
| 21 | (18) Section 2-3.64a-10 of this Code; | ||||||
| 22 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
| 23 | (20) Section 10-22.25b of this Code; | ||||||
| 24 | (21) Section 27-9.1a of this Code; | ||||||
| 25 | (22) Section 27-9.1b of this Code; | ||||||
| 26 | (23) Section 34-18.8 of this Code; | ||||||
| |||||||
| |||||||
| 1 | (24) Article 26A of this Code; | ||||||
| 2 | (25) Section 2-3.188 of this Code; | ||||||
| 3 | (26) Section 22-85.5 of this Code; | ||||||
| 4 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
| 5 | 10-20.56 of this Code; | ||||||
| 6 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
| 7 | (29) Section 10-20.13 of this Code; | ||||||
| 8 | (30) Section 28-19.2 of this Code; | ||||||
| 9 | (31) Section 34-21.6 of this Code; | ||||||
| 10 | (32) Section 22-85.10 of this Code; | ||||||
| 11 | (33) Section 2-3.196 of this Code; | ||||||
| 12 | (34) Section 22-95 of this Code; | ||||||
| 13 | (35) Section 34-18.62 of this Code; | ||||||
| 14 | (36) the Illinois Human Rights Act; and | ||||||
| 15 | (37) Section 2-3.204 of this Code. | ||||||
| 16 | The change made by Public Act 96-104 to this subsection | ||||||
| 17 | (g) is declaratory of existing law. | ||||||
| 18 | (h) A charter school may negotiate and contract with a | ||||||
| 19 | school district, the governing body of a State college or | ||||||
| 20 | university or public community college, or any other public or | ||||||
| 21 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
| 22 | school building and grounds or any other real property or | ||||||
| 23 | facilities that the charter school desires to use or convert | ||||||
| 24 | for use as a charter school site, (ii) the operation and | ||||||
| 25 | maintenance thereof, and (iii) the provision of any service, | ||||||
| 26 | activity, or undertaking that the charter school is required | ||||||
| |||||||
| |||||||
| 1 | to perform in order to carry out the terms of its charter. | ||||||
| 2 | Except as provided in subsection (i) of this Section, a school | ||||||
| 3 | district may charge a charter school reasonable rent for the | ||||||
| 4 | use of the district's buildings, grounds, and facilities. Any | ||||||
| 5 | services for which a charter school contracts with a school | ||||||
| 6 | district shall be provided by the district at cost. Any | ||||||
| 7 | services for which a charter school contracts with a local | ||||||
| 8 | school board or with the governing body of a State college or | ||||||
| 9 | university or public community college shall be provided by | ||||||
| 10 | the public entity at cost. | ||||||
| 11 | (i) In no event shall a charter school that is established | ||||||
| 12 | by converting an existing school or attendance center to | ||||||
| 13 | charter school status be required to pay rent for space that is | ||||||
| 14 | deemed available, as negotiated and provided in the charter | ||||||
| 15 | agreement, in school district facilities. However, all other | ||||||
| 16 | costs for the operation and maintenance of school district | ||||||
| 17 | facilities that are used by the charter school shall be | ||||||
| 18 | subject to negotiation between the charter school and the | ||||||
| 19 | local school board and shall be set forth in the charter. | ||||||
| 20 | (j) A charter school may limit student enrollment by age | ||||||
| 21 | or grade level. | ||||||
| 22 | (k) If the charter school is authorized by the State | ||||||
| 23 | Board, then the charter school is its own local education | ||||||
| 24 | agency. | ||||||
| 25 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
| 26 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | ||||||
| |||||||
| |||||||
| 1 | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | ||||||
| 2 | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | ||||||
| 3 | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. | ||||||
| 4 | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, | ||||||
| 5 | eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; | ||||||
| 6 | revised 11-26-24.)
| ||||||
| 7 | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18) | ||||||
| 8 | Sec. 34-18. Powers of the board. The board shall exercise | ||||||
| 9 | general supervision and jurisdiction over the public education | ||||||
| 10 | and the public school system of the city, and, except as | ||||||
| 11 | otherwise provided by this Article, shall have power: | ||||||
| 12 | 1. To make suitable provision for the establishment | ||||||
| 13 | and maintenance throughout the year or for such portion | ||||||
| 14 | thereof as it may direct, not less than 9 months and in | ||||||
| 15 | compliance with Section 10-19.05, of schools of all grades | ||||||
| 16 | and kinds, including normal schools, high schools, night | ||||||
| 17 | schools, schools for defectives and delinquents, parental | ||||||
| 18 | and truant schools, schools for the blind, the deaf, and | ||||||
| 19 | persons with physical disabilities, schools or classes in | ||||||
| 20 | manual training, constructural and vocational teaching, | ||||||
| 21 | domestic arts, and physical culture, vocation and | ||||||
| 22 | extension schools and lecture courses, and all other | ||||||
| 23 | educational courses and facilities, including | ||||||
| 24 | establishing, equipping, maintaining and operating | ||||||
| 25 | playgrounds and recreational programs, when such programs | ||||||
| |||||||
| |||||||
| 1 | are conducted in, adjacent to, or connected with any | ||||||
| 2 | public school under the general supervision and | ||||||
| 3 | jurisdiction of the board; provided that the calendar for | ||||||
| 4 | the school term and any changes must be submitted to and | ||||||
| 5 | approved by the State Board of Education before the | ||||||
| 6 | calendar or changes may take effect, and provided that in | ||||||
| 7 | allocating funds from year to year for the operation of | ||||||
| 8 | all attendance centers within the district, the board | ||||||
| 9 | shall ensure that supplemental general State aid or | ||||||
| 10 | supplemental grant funds are allocated and applied in | ||||||
| 11 | accordance with Section 18-8, 18-8.05, or 18-8.15. To | ||||||
| 12 | admit to such schools without charge foreign exchange | ||||||
| 13 | students who are participants in an organized exchange | ||||||
| 14 | student program which is authorized by the board. The | ||||||
| 15 | board shall permit all students to enroll in | ||||||
| 16 | apprenticeship programs in trade schools operated by the | ||||||
| 17 | board, whether those programs are union-sponsored or not. | ||||||
| 18 | No student shall be refused admission into or be excluded | ||||||
| 19 | from any course of instruction offered in the common | ||||||
| 20 | schools by reason of that student's sex. No student shall | ||||||
| 21 | be denied equal access to physical education and | ||||||
| 22 | interscholastic athletic programs supported from school | ||||||
| 23 | district funds or denied participation in comparable | ||||||
| 24 | physical education and athletic programs solely by reason | ||||||
| 25 | of the student's sex. Equal access to programs supported | ||||||
| 26 | from school district funds and comparable programs will be | ||||||
| |||||||
| |||||||
| 1 | defined in rules promulgated by the State Board of | ||||||
| 2 | Education in consultation with the Illinois High School | ||||||
| 3 | Association. Notwithstanding any other provision of this | ||||||
| 4 | Article, neither the board of education nor any local | ||||||
| 5 | school council or other school official shall recommend | ||||||
| 6 | that children with disabilities be placed into regular | ||||||
| 7 | education classrooms unless those children with | ||||||
| 8 | disabilities are provided with supplementary services to | ||||||
| 9 | assist them so that they benefit from the regular | ||||||
| 10 | classroom instruction and are included on the teacher's | ||||||
| 11 | regular education class register; | ||||||
| 12 | 2. To furnish lunches to pupils, to make a reasonable | ||||||
| 13 | charge therefor, and to use school funds for the payment | ||||||
| 14 | of such expenses as the board may determine are necessary | ||||||
| 15 | in conducting the school lunch program; | ||||||
| 16 | 3. To co-operate with the circuit court; | ||||||
| 17 | 4. To make arrangements with the public or | ||||||
| 18 | quasi-public libraries and museums for the use of their | ||||||
| 19 | facilities by teachers and pupils of the public schools; | ||||||
| 20 | 5. To employ dentists and prescribe their duties for | ||||||
| 21 | the purpose of treating the pupils in the schools, but | ||||||
| 22 | accepting such treatment shall be optional with parents or | ||||||
| 23 | guardians; | ||||||
| 24 | 6. To grant the use of assembly halls and classrooms | ||||||
| 25 | when not otherwise needed, including light, heat, and | ||||||
| 26 | attendants, for free public lectures, concerts, and other | ||||||
| |||||||
| |||||||
| 1 | educational and social interests, free of charge, under | ||||||
| 2 | such provisions and control as the principal of the | ||||||
| 3 | affected attendance center may prescribe; | ||||||
| 4 | 7. To apportion the pupils to the several schools; | ||||||
| 5 | provided that no pupil shall be excluded from or | ||||||
| 6 | segregated in any such school on account of his color, | ||||||
| 7 | race, sex, or nationality. The board shall take into | ||||||
| 8 | consideration the prevention of segregation and the | ||||||
| 9 | elimination of separation of children in public schools | ||||||
| 10 | because of color, race, sex, or nationality. Except that | ||||||
| 11 | children may be committed to or attend parental and social | ||||||
| 12 | adjustment schools established and maintained either for | ||||||
| 13 | boys or girls only. All records pertaining to the | ||||||
| 14 | creation, alteration or revision of attendance areas shall | ||||||
| 15 | be open to the public. Nothing herein shall limit the | ||||||
| 16 | board's authority to establish multi-area attendance | ||||||
| 17 | centers or other student assignment systems for | ||||||
| 18 | desegregation purposes or otherwise, and to apportion the | ||||||
| 19 | pupils to the several schools. Furthermore, beginning in | ||||||
| 20 | school year 1994-95, pursuant to a board plan adopted by | ||||||
| 21 | October 1, 1993, the board shall offer, commencing on a | ||||||
| 22 | phased-in basis, the opportunity for families within the | ||||||
| 23 | school district to apply for enrollment of their children | ||||||
| 24 | in any attendance center within the school district which | ||||||
| 25 | does not have selective admission requirements approved by | ||||||
| 26 | the board. The appropriate geographical area in which such | ||||||
| |||||||
| |||||||
| 1 | open enrollment may be exercised shall be determined by | ||||||
| 2 | the board of education. Such children may be admitted to | ||||||
| 3 | any such attendance center on a space available basis | ||||||
| 4 | after all children residing within such attendance | ||||||
| 5 | center's area have been accommodated. If the number of | ||||||
| 6 | applicants from outside the attendance area exceed the | ||||||
| 7 | space available, then successful applicants shall be | ||||||
| 8 | selected by lottery. The board of education's open | ||||||
| 9 | enrollment plan must include provisions that allow | ||||||
| 10 | low-income students to have access to transportation | ||||||
| 11 | needed to exercise school choice. Open enrollment shall be | ||||||
| 12 | in compliance with the provisions of the Consent Decree | ||||||
| 13 | and Desegregation Plan cited in Section 34-1.01; | ||||||
| 14 | 8. To approve programs and policies for providing | ||||||
| 15 | transportation services to students. Nothing herein shall | ||||||
| 16 | be construed to permit or empower the State Board of | ||||||
| 17 | Education to order, mandate, or require busing or other | ||||||
| 18 | transportation of pupils for the purpose of achieving | ||||||
| 19 | racial balance in any school; | ||||||
| 20 | 9. Subject to the limitations in this Article, to | ||||||
| 21 | establish and approve system-wide curriculum objectives | ||||||
| 22 | and standards, including graduation standards, which | ||||||
| 23 | reflect the multi-cultural diversity in the city and are | ||||||
| 24 | consistent with State law, provided that for all purposes | ||||||
| 25 | of this Article courses or proficiency in American Sign | ||||||
| 26 | Language shall be deemed to constitute courses or | ||||||
| |||||||
| |||||||
| 1 | proficiency in a foreign language; and to employ | ||||||
| 2 | principals and teachers, appointed as provided in this | ||||||
| 3 | Article, and fix their compensation. The board shall | ||||||
| 4 | prepare such reports related to minimal competency testing | ||||||
| 5 | as may be requested by the State Board of Education and, in | ||||||
| 6 | addition, shall monitor and approve special education and | ||||||
| 7 | bilingual education programs and policies within the | ||||||
| 8 | district to ensure that appropriate services are provided | ||||||
| 9 | in accordance with applicable State and federal laws to | ||||||
| 10 | children requiring services and education in those areas; | ||||||
| 11 | 10. To employ non-teaching personnel or utilize | ||||||
| 12 | volunteer personnel for: (i) non-teaching duties not | ||||||
| 13 | requiring instructional judgment or evaluation of pupils, | ||||||
| 14 | including library duties; and (ii) supervising study | ||||||
| 15 | halls, long distance teaching reception areas used | ||||||
| 16 | incident to instructional programs transmitted by | ||||||
| 17 | electronic media such as computers, video, and audio, | ||||||
| 18 | detention and discipline areas, and school-sponsored | ||||||
| 19 | extracurricular activities. The board may further utilize | ||||||
| 20 | volunteer nonlicensed personnel or employ nonlicensed | ||||||
| 21 | personnel to assist in the instruction of pupils under the | ||||||
| 22 | immediate supervision of a teacher holding a valid | ||||||
| 23 | educator license, directly engaged in teaching subject | ||||||
| 24 | matter or conducting activities; provided that the teacher | ||||||
| 25 | shall be continuously aware of the nonlicensed persons' | ||||||
| 26 | activities and shall be able to control or modify them. | ||||||
| |||||||
| |||||||
| 1 | The general superintendent shall determine qualifications | ||||||
| 2 | of such personnel and shall prescribe rules for | ||||||
| 3 | determining the duties and activities to be assigned to | ||||||
| 4 | such personnel; | ||||||
| 5 | 10.5. To utilize volunteer personnel from a regional | ||||||
| 6 | School Crisis Assistance Team (S.C.A.T.), created as part | ||||||
| 7 | of the Safe to Learn Program established pursuant to | ||||||
| 8 | Section 25 of the Illinois Violence Prevention Act of | ||||||
| 9 | 1995, to provide assistance to schools in times of | ||||||
| 10 | violence or other traumatic incidents within a school | ||||||
| 11 | community by providing crisis intervention services to | ||||||
| 12 | lessen the effects of emotional trauma on individuals and | ||||||
| 13 | the community; the School Crisis Assistance Team Steering | ||||||
| 14 | Committee shall determine the qualifications for | ||||||
| 15 | volunteers; | ||||||
| 16 | 11. To provide television studio facilities in not to | ||||||
| 17 | exceed one school building and to provide programs for | ||||||
| 18 | educational purposes, provided, however, that the board | ||||||
| 19 | shall not construct, acquire, operate, or maintain a | ||||||
| 20 | television transmitter; to grant the use of its studio | ||||||
| 21 | facilities to a licensed television station located in the | ||||||
| 22 | school district; and to maintain and operate not to exceed | ||||||
| 23 | one school radio transmitting station and provide programs | ||||||
| 24 | for educational purposes; | ||||||
| 25 | 12. To offer, if deemed appropriate, outdoor education | ||||||
| 26 | courses, including field trips within the State of | ||||||
| |||||||
| |||||||
| 1 | Illinois, or adjacent states, and to use school | ||||||
| 2 | educational funds for the expense of the said outdoor | ||||||
| 3 | educational programs, whether within the school district | ||||||
| 4 | or not; | ||||||
| 5 | 13. During that period of the calendar year not | ||||||
| 6 | embraced within the regular school term, to provide and | ||||||
| 7 | conduct courses in subject matters normally embraced in | ||||||
| 8 | the program of the schools during the regular school term | ||||||
| 9 | and to give regular school credit for satisfactory | ||||||
| 10 | completion by the student of such courses as may be | ||||||
| 11 | approved for credit by the State Board of Education; | ||||||
| 12 | 14. To insure against any loss or liability of the | ||||||
| 13 | board, the former School Board Nominating Commission, | ||||||
| 14 | Local School Councils, the Chicago Schools Academic | ||||||
| 15 | Accountability Council, or the former Subdistrict Councils | ||||||
| 16 | or of any member, officer, agent, or employee thereof, | ||||||
| 17 | resulting from alleged violations of civil rights arising | ||||||
| 18 | from incidents occurring on or after September 5, 1967 or | ||||||
| 19 | from the wrongful or negligent act or omission of any such | ||||||
| 20 | person whether occurring within or without the school | ||||||
| 21 | premises, provided the officer, agent, or employee was, at | ||||||
| 22 | the time of the alleged violation of civil rights or | ||||||
| 23 | wrongful act or omission, acting within the scope of his | ||||||
| 24 | or her employment or under direction of the board, the | ||||||
| 25 | former School Board Nominating Commission, the Chicago | ||||||
| 26 | Schools Academic Accountability Council, Local School | ||||||
| |||||||
| |||||||
| 1 | Councils, or the former Subdistrict Councils; and to | ||||||
| 2 | provide for or participate in insurance plans for its | ||||||
| 3 | officers and employees, including, but not limited to, | ||||||
| 4 | retirement annuities, medical, surgical and | ||||||
| 5 | hospitalization benefits in such types and amounts as may | ||||||
| 6 | be determined by the board; provided, however, that the | ||||||
| 7 | board shall contract for such insurance only with an | ||||||
| 8 | insurance company authorized to do business in this State. | ||||||
| 9 | Such insurance may include provision for employees who | ||||||
| 10 | rely on treatment by prayer or spiritual means alone for | ||||||
| 11 | healing, in accordance with the tenets and practice of a | ||||||
| 12 | recognized religious denomination; | ||||||
| 13 | 15. To contract with the corporate authorities of any | ||||||
| 14 | municipality or the county board of any county, as the | ||||||
| 15 | case may be, to provide for the regulation of traffic in | ||||||
| 16 | parking areas of property used for school purposes, in | ||||||
| 17 | such manner as is provided by Section 11-209 of the | ||||||
| 18 | Illinois Vehicle Code; | ||||||
| 19 | 16. (a) To provide, on an equal basis, access to a high | ||||||
| 20 | school campus and student directory information to the | ||||||
| 21 | official recruiting representatives of the armed forces of | ||||||
| 22 | Illinois and the United States for the purposes of | ||||||
| 23 | informing students of the educational and career | ||||||
| 24 | opportunities available in the military if the board has | ||||||
| 25 | provided such access to persons or groups whose purpose is | ||||||
| 26 | to acquaint students with educational or occupational | ||||||
| |||||||
| |||||||
| 1 | opportunities available to them. The board is not required | ||||||
| 2 | to give greater notice regarding the right of access to | ||||||
| 3 | recruiting representatives than is given to other persons | ||||||
| 4 | and groups. In this paragraph 16, "directory information" | ||||||
| 5 | means a high school student's name, address, and telephone | ||||||
| 6 | number. | ||||||
| 7 | (b) If a student or his or her parent or guardian | ||||||
| 8 | submits a signed, written request to the high school | ||||||
| 9 | before the end of the student's sophomore year (or if the | ||||||
| 10 | student is a transfer student, by another time set by the | ||||||
| 11 | high school) that indicates that the student or his or her | ||||||
| 12 | parent or guardian does not want the student's directory | ||||||
| 13 | information to be provided to official recruiting | ||||||
| 14 | representatives under subsection (a) of this Section, the | ||||||
| 15 | high school may not provide access to the student's | ||||||
| 16 | directory information to these recruiting representatives. | ||||||
| 17 | The high school shall notify its students and their | ||||||
| 18 | parents or guardians of the provisions of this subsection | ||||||
| 19 | (b). | ||||||
| 20 | (c) A high school may require official recruiting | ||||||
| 21 | representatives of the armed forces of Illinois and the | ||||||
| 22 | United States to pay a fee for copying and mailing a | ||||||
| 23 | student's directory information in an amount that is not | ||||||
| 24 | more than the actual costs incurred by the high school. | ||||||
| 25 | (d) Information received by an official recruiting | ||||||
| 26 | representative under this Section may be used only to | ||||||
| |||||||
| |||||||
| 1 | provide information to students concerning educational and | ||||||
| 2 | career opportunities available in the military and may not | ||||||
| 3 | be released to a person who is not involved in recruiting | ||||||
| 4 | students for the armed forces of Illinois or the United | ||||||
| 5 | States; | ||||||
| 6 | 17. (a) To sell or market any computer program | ||||||
| 7 | developed by an employee of the school district, provided | ||||||
| 8 | that such employee developed the computer program as a | ||||||
| 9 | direct result of his or her duties with the school | ||||||
| 10 | district or through the utilization of school district | ||||||
| 11 | resources or facilities. The employee who developed the | ||||||
| 12 | computer program shall be entitled to share in the | ||||||
| 13 | proceeds of such sale or marketing of the computer | ||||||
| 14 | program. The distribution of such proceeds between the | ||||||
| 15 | employee and the school district shall be as agreed upon | ||||||
| 16 | by the employee and the school district, except that | ||||||
| 17 | neither the employee nor the school district may receive | ||||||
| 18 | more than 90% of such proceeds. The negotiation for an | ||||||
| 19 | employee who is represented by an exclusive bargaining | ||||||
| 20 | representative may be conducted by such bargaining | ||||||
| 21 | representative at the employee's request. | ||||||
| 22 | (b) For the purpose of this paragraph 17: | ||||||
| 23 | (1) "Computer" means an internally programmed, general | ||||||
| 24 | purpose digital device capable of automatically accepting | ||||||
| 25 | data, processing data and supplying the results of the | ||||||
| 26 | operation. | ||||||
| |||||||
| |||||||
| 1 | (2) "Computer program" means a series of coded | ||||||
| 2 | instructions or statements in a form acceptable to a | ||||||
| 3 | computer, which causes the computer to process data in | ||||||
| 4 | order to achieve a certain result. | ||||||
| 5 | (3) "Proceeds" means profits derived from the | ||||||
| 6 | marketing or sale of a product after deducting the | ||||||
| 7 | expenses of developing and marketing such product; | ||||||
| 8 | 18. To delegate to the general superintendent of | ||||||
| 9 | schools, by resolution, the authority to approve contracts | ||||||
| 10 | and expenditures in amounts of $35,000 or less; | ||||||
| 11 | 19. Upon the written request of an employee, to | ||||||
| 12 | withhold from the compensation of that employee any dues, | ||||||
| 13 | payments, or contributions payable by such employee to any | ||||||
| 14 | labor organization as defined in the Illinois Educational | ||||||
| 15 | Labor Relations Act. Under such arrangement, an amount | ||||||
| 16 | shall be withheld from each regular payroll period which | ||||||
| 17 | is equal to the pro rata share of the annual dues plus any | ||||||
| 18 | payments or contributions, and the board shall transmit | ||||||
| 19 | such withholdings to the specified labor organization | ||||||
| 20 | within 10 working days from the time of the withholding; | ||||||
| 21 | 19a. Upon receipt of notice from the comptroller of a | ||||||
| 22 | municipality with a population of 500,000 or more, a | ||||||
| 23 | county with a population of 3,000,000 or more, the Cook | ||||||
| 24 | County Forest Preserve District, the Chicago Park | ||||||
| 25 | District, the Metropolitan Water Reclamation District, the | ||||||
| 26 | Chicago Transit Authority, or a housing authority of a | ||||||
| |||||||
| |||||||
| 1 | municipality with a population of 500,000 or more that a | ||||||
| 2 | debt is due and owing the municipality, the county, the | ||||||
| 3 | Cook County Forest Preserve District, the Chicago Park | ||||||
| 4 | District, the Metropolitan Water Reclamation District, the | ||||||
| 5 | Chicago Transit Authority, or the housing authority by an | ||||||
| 6 | employee of the Chicago Board of Education, to withhold, | ||||||
| 7 | from the compensation of that employee, the amount of the | ||||||
| 8 | debt that is due and owing and pay the amount withheld to | ||||||
| 9 | the municipality, the county, the Cook County Forest | ||||||
| 10 | Preserve District, the Chicago Park District, the | ||||||
| 11 | Metropolitan Water Reclamation District, the Chicago | ||||||
| 12 | Transit Authority, or the housing authority; provided, | ||||||
| 13 | however, that the amount deducted from any one salary or | ||||||
| 14 | wage payment shall not exceed 25% of the net amount of the | ||||||
| 15 | payment. Before the Board deducts any amount from any | ||||||
| 16 | salary or wage of an employee under this paragraph, the | ||||||
| 17 | municipality, the county, the Cook County Forest Preserve | ||||||
| 18 | District, the Chicago Park District, the Metropolitan | ||||||
| 19 | Water Reclamation District, the Chicago Transit Authority, | ||||||
| 20 | or the housing authority shall certify that (i) the | ||||||
| 21 | employee has been afforded an opportunity for a hearing to | ||||||
| 22 | dispute the debt that is due and owing the municipality, | ||||||
| 23 | the county, the Cook County Forest Preserve District, the | ||||||
| 24 | Chicago Park District, the Metropolitan Water Reclamation | ||||||
| 25 | District, the Chicago Transit Authority, or the housing | ||||||
| 26 | authority and (ii) the employee has received notice of a | ||||||
| |||||||
| |||||||
| 1 | wage deduction order and has been afforded an opportunity | ||||||
| 2 | for a hearing to object to the order. For purposes of this | ||||||
| 3 | paragraph, "net amount" means that part of the salary or | ||||||
| 4 | wage payment remaining after the deduction of any amounts | ||||||
| 5 | required by law to be deducted and "debt due and owing" | ||||||
| 6 | means (i) a specified sum of money owed to the | ||||||
| 7 | municipality, the county, the Cook County Forest Preserve | ||||||
| 8 | District, the Chicago Park District, the Metropolitan | ||||||
| 9 | Water Reclamation District, the Chicago Transit Authority, | ||||||
| 10 | or the housing authority for services, work, or goods, | ||||||
| 11 | after the period granted for payment has expired, or (ii) | ||||||
| 12 | a specified sum of money owed to the municipality, the | ||||||
| 13 | county, the Cook County Forest Preserve District, the | ||||||
| 14 | Chicago Park District, the Metropolitan Water Reclamation | ||||||
| 15 | District, the Chicago Transit Authority, or the housing | ||||||
| 16 | authority pursuant to a court order or order of an | ||||||
| 17 | administrative hearing officer after the exhaustion of, or | ||||||
| 18 | the failure to exhaust, judicial review; | ||||||
| 19 | 20. The board is encouraged to employ a sufficient | ||||||
| 20 | number of licensed school counselors to maintain a | ||||||
| 21 | student/counselor ratio of 250 to 1. Each counselor shall | ||||||
| 22 | spend at least 75% of his work time in direct contact with | ||||||
| 23 | students and shall maintain a record of such time; | ||||||
| 24 | 21. To make available to students vocational and | ||||||
| 25 | career counseling and to establish 5 special career | ||||||
| 26 | counseling days for students and parents. On these days | ||||||
| |||||||
| |||||||
| 1 | representatives of local businesses and industries shall | ||||||
| 2 | be invited to the school campus and shall inform students | ||||||
| 3 | of career opportunities available to them in the various | ||||||
| 4 | businesses and industries. Special consideration shall be | ||||||
| 5 | given to counseling minority students as to career | ||||||
| 6 | opportunities available to them in various fields. For the | ||||||
| 7 | purposes of this paragraph, minority student means a | ||||||
| 8 | person who is any of the following: | ||||||
| 9 | (a) American Indian or Alaska Native (a person having | ||||||
| 10 | origins in any of the original peoples of North and South | ||||||
| 11 | America, including Central America, and who maintains | ||||||
| 12 | tribal affiliation or community attachment). | ||||||
| 13 | (b) Asian (a person having origins in any of the | ||||||
| 14 | original peoples of the Far East, Southeast Asia, or the | ||||||
| 15 | Indian subcontinent, including, but not limited to, | ||||||
| 16 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
| 17 | the Philippine Islands, Thailand, and Vietnam). | ||||||
| 18 | (c) Black or African American (a person having origins | ||||||
| 19 | in any of the black racial groups of Africa). | ||||||
| 20 | (d) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
| 21 | Puerto Rican, South or Central American, or other Spanish | ||||||
| 22 | culture or origin, regardless of race). | ||||||
| 23 | (e) Native Hawaiian or Other Pacific Islander (a | ||||||
| 24 | person having origins in any of the original peoples of | ||||||
| 25 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
| 26 | Counseling days shall not be in lieu of regular school | ||||||
| |||||||
| |||||||
| 1 | days; | ||||||
| 2 | 22. To report to the State Board of Education the | ||||||
| 3 | annual student dropout rate and number of students who | ||||||
| 4 | graduate from, transfer from, or otherwise leave bilingual | ||||||
| 5 | programs; | ||||||
| 6 | 23. Except as otherwise provided in the Abused and | ||||||
| 7 | Neglected Child Reporting Act or other applicable State or | ||||||
| 8 | federal law, to permit school officials to withhold, from | ||||||
| 9 | any person, information on the whereabouts of any child | ||||||
| 10 | removed from school premises when the child has been taken | ||||||
| 11 | into protective custody as a victim of suspected child | ||||||
| 12 | abuse. School officials shall direct such person to the | ||||||
| 13 | Department of Children and Family Services or to the local | ||||||
| 14 | law enforcement agency, if appropriate; | ||||||
| 15 | 24. To develop a policy, based on the current state of | ||||||
| 16 | existing school facilities, projected enrollment, and | ||||||
| 17 | efficient utilization of available resources, for capital | ||||||
| 18 | improvement of schools and school buildings within the | ||||||
| 19 | district, addressing in that policy both the relative | ||||||
| 20 | priority for major repairs, renovations, and additions to | ||||||
| 21 | school facilities and the advisability or necessity of | ||||||
| 22 | building new school facilities or closing existing schools | ||||||
| 23 | to meet current or projected demographic patterns within | ||||||
| 24 | the district; | ||||||
| 25 | 25. To make available to the students in every high | ||||||
| 26 | school attendance center the ability to take all courses | ||||||
| |||||||
| |||||||
| 1 | necessary to comply with the Board of Higher Education's | ||||||
| 2 | college entrance criteria effective in 1993; | ||||||
| 3 | 26. To encourage mid-career changes into the teaching | ||||||
| 4 | profession, whereby qualified professionals become | ||||||
| 5 | licensed teachers, by allowing credit for professional | ||||||
| 6 | employment in related fields when determining point of | ||||||
| 7 | entry on the teacher pay scale; | ||||||
| 8 | 27. To provide or contract out training programs for | ||||||
| 9 | administrative personnel and principals with revised or | ||||||
| 10 | expanded duties pursuant to this Code in order to ensure | ||||||
| 11 | they have the knowledge and skills to perform their | ||||||
| 12 | duties; | ||||||
| 13 | 28. To establish a fund for the prioritized special | ||||||
| 14 | needs programs, and to allocate such funds and other lump | ||||||
| 15 | sum amounts to each attendance center in a manner | ||||||
| 16 | consistent with the provisions of part 4 of Section | ||||||
| 17 | 34-2.3. Nothing in this paragraph shall be construed to | ||||||
| 18 | require any additional appropriations of State funds for | ||||||
| 19 | this purpose; | ||||||
| 20 | 29. (Blank); | ||||||
| 21 | 30. Notwithstanding any other provision of this Act or | ||||||
| 22 | any other law to the contrary, to contract with third | ||||||
| 23 | parties for services otherwise performed by employees, | ||||||
| 24 | including those in a bargaining unit, and to lay off | ||||||
| 25 | layoff those employees upon 14 days' days written notice | ||||||
| 26 | to the affected employees. Those contracts may be for a | ||||||
| |||||||
| |||||||
| 1 | period not to exceed 5 years and may be awarded on a | ||||||
| 2 | system-wide basis. The board may not operate more than 30 | ||||||
| 3 | contract schools, provided that the board may operate an | ||||||
| 4 | additional 5 contract turnaround schools pursuant to item | ||||||
| 5 | (5.5) of subsection (d) of Section 34-8.3 of this Code, | ||||||
| 6 | and the governing bodies of contract schools are subject | ||||||
| 7 | to the Freedom of Information Act and Open Meetings Act; | ||||||
| 8 | 31. To promulgate rules establishing procedures | ||||||
| 9 | governing the layoff or reduction in force of employees | ||||||
| 10 | and the recall of such employees, including, but not | ||||||
| 11 | limited to, criteria for such layoffs, reductions in force | ||||||
| 12 | or recall rights of such employees and the weight to be | ||||||
| 13 | given to any particular criterion. Such criteria shall | ||||||
| 14 | take into account factors, including, but not limited to, | ||||||
| 15 | qualifications, certifications, experience, performance | ||||||
| 16 | ratings or evaluations, and any other factors relating to | ||||||
| 17 | an employee's job performance; | ||||||
| 18 | 32. To develop a policy to prevent nepotism in the | ||||||
| 19 | hiring of personnel or the selection of contractors; | ||||||
| 20 | 33. (Blank); and | ||||||
| 21 | 34. To establish a Labor Management Council to the | ||||||
| 22 | board comprised of representatives of the board, the chief | ||||||
| 23 | executive officer, and those labor organizations that are | ||||||
| 24 | the exclusive representatives of employees of the board | ||||||
| 25 | and to promulgate policies and procedures for the | ||||||
| 26 | operation of the Council. | ||||||
| |||||||
| |||||||
| 1 | The specifications of the powers herein granted are not to | ||||||
| 2 | be construed as exclusive, but the board shall also exercise | ||||||
| 3 | all other powers that may be requisite or proper for the | ||||||
| 4 | maintenance and the development of a public school system, not | ||||||
| 5 | inconsistent with the other provisions of this Article or | ||||||
| 6 | provisions of this Code which apply to all school districts. | ||||||
| 7 | In addition to the powers herein granted and authorized to | ||||||
| 8 | be exercised by the board, it shall be the duty of the board to | ||||||
| 9 | review or to direct independent reviews of special education | ||||||
| 10 | expenditures and services. The board shall file a report of | ||||||
| 11 | such review with the General Assembly on or before May 1, 1990. | ||||||
| 12 | (Source: P.A. 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
| 13 | 102-894, eff. 5-20-22; 103-8, eff. 1-1-24; revised 7-17-24.)
| ||||||
| 14 | (105 ILCS 5/34-18.68) | ||||||
| 15 | Sec. 34-18.68. Chicago Board of Education Non-Citizen | ||||||
| 16 | Advisory Board. | ||||||
| 17 | (a) The Chicago Board of Education Non-Citizen Diversity | ||||||
| 18 | Advisory Board is created to provide non-citizen students with | ||||||
| 19 | maximum opportunity for success during their elementary and | ||||||
| 20 | secondary education experience. | ||||||
| 21 | (b) The Chicago Board of Education Non-Citizen Advisory | ||||||
| 22 | Board is composed of individuals appointed by the Mayor to | ||||||
| 23 | advise the Chicago Board of Education on, but not limited to, | ||||||
| 24 | the following issues: | ||||||
| 25 | (1) Appropriate ways to create an equitable and | ||||||
| |||||||
| |||||||
| 1 | inclusive learning environment for non-citizen students; | ||||||
| 2 | (2) Strengthening student, parent, and guardian | ||||||
| 3 | privacy and confidentiality in school-related issues; | ||||||
| 4 | (3) Establishing appropriate communication methods | ||||||
| 5 | between the district and non-citizen students to maximize | ||||||
| 6 | interactions between the student's school, parents, and | ||||||
| 7 | guardians; | ||||||
| 8 | (4) Ensuring principals and other district leaders | ||||||
| 9 | learn and disseminate information on resources available | ||||||
| 10 | to non-citizen students and their families; | ||||||
| 11 | (5) Developing appropriate methods by which | ||||||
| 12 | non-citizen students are encouraged and supported to | ||||||
| 13 | continue their education at an institution of higher | ||||||
| 14 | education; and | ||||||
| 15 | (6) Providing the perspective of non-citizen families | ||||||
| 16 | and students who are affected by Board actions, | ||||||
| 17 | governance, policies, and procedures. | ||||||
| 18 | (Source: P.A. 102-177, eff. 6-1-22; revised 10-23-24.)
| ||||||
| 19 | (105 ILCS 5/34-18.85) | ||||||
| 20 | Sec. 34-18.85. Chicago Board of Education Black Student | ||||||
| 21 | Achievement Committee. | ||||||
| 22 | (a) The Chicago Board of Education Black Student | ||||||
| 23 | Achievement Committee is created to be a standing committee of | ||||||
| 24 | the Board with the purpose of providing Black students with | ||||||
| 25 | the maximum opportunity for success in areas where research | ||||||
| |||||||
| |||||||
| 1 | shows that there has been chronic underperformance of African | ||||||
| 2 | American students during their elementary and secondary | ||||||
| 3 | education experience. | ||||||
| 4 | (b) The Chicago Board of Education Black Student | ||||||
| 5 | Achievement Committee shall be chaired by a member of the | ||||||
| 6 | Board and shall be composed of individuals appointed by the | ||||||
| 7 | President of the Board to help the Board shape educational | ||||||
| 8 | policies and to: | ||||||
| 9 | (1) develop strategies and recommendations for Black | ||||||
| 10 | student achievement and opportunity; | ||||||
| 11 | (2) use data to conduct an evidence-based needs | ||||||
| 12 | assessment to better understand needs and establish a | ||||||
| 13 | baseline for Black student achievement; | ||||||
| 14 | (3) develop a strategic management plan to identify | ||||||
| 15 | goals, objectives, and outcomes designed to bring about | ||||||
| 16 | academic parity between Black children and their peers; | ||||||
| 17 | (4) identify and track metrics and key performance | ||||||
| 18 | indicators that demonstrate positive movement toward | ||||||
| 19 | achieving the goals and objectives outlined in the | ||||||
| 20 | strategic management plan; and | ||||||
| 21 | (5) prepare and provide regular progress reports to | ||||||
| 22 | the Board and the public. | ||||||
| 23 | (c) The Committee's membership shall be diverse in terms | ||||||
| 24 | of skills and geography. | ||||||
| 25 | (Source: P.A. 103-584, eff. 3-18-24.)
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 5/34-18.87) | ||||||
| 2 | Sec. 34-18.87 34-18.85. Automated external defibrillator; | ||||||
| 3 | attendance centers and extracurricular activities. | ||||||
| 4 | (a) As used in this Section, "automated external | ||||||
| 5 | defibrillator" has the meaning provided in the Automated | ||||||
| 6 | External Defibrillator Act. | ||||||
| 7 | (b) The school district shall require all attendance | ||||||
| 8 | centers to have present during the school day and during a | ||||||
| 9 | school-sponsored extracurricular activity on school grounds at | ||||||
| 10 | least one automated external defibrillator. | ||||||
| 11 | (c) An automated external defibrillator installed and | ||||||
| 12 | maintained in accordance with the Physical Fitness Facility | ||||||
| 13 | Medical Emergency Preparedness Act may be used to satisfy the | ||||||
| 14 | requirements of this Section. | ||||||
| 15 | (Source: P.A. 103-1019, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 16 | (105 ILCS 5/34-22.6) (from Ch. 122, par. 34-22.6) | ||||||
| 17 | Sec. 34-22.6. Issuance of bonds. For the purpose of | ||||||
| 18 | erecting, purchasing, or otherwise acquiring buildings | ||||||
| 19 | suitable for school houses, erecting temporary school | ||||||
| 20 | structures, erecting additions to, repairing, rehabilitating, | ||||||
| 21 | modernizing and replacing existing school buildings and | ||||||
| 22 | temporary school structures, and furnishing and equipping | ||||||
| 23 | school buildings and temporary school structures, and | ||||||
| 24 | purchasing or otherwise acquiring and improving sites for such | ||||||
| 25 | purposes, the board may incur an indebtedness and issue bonds | ||||||
| |||||||
| |||||||
| 1 | therefor in an amount or amounts not to exceed in the aggregate | ||||||
| 2 | $150,000,000 in addition to the bonds authorized under | ||||||
| 3 | Sections 34-22.1, 34-22.2, 34-22.3, 34-22.4, 34-22.5, and | ||||||
| 4 | 34-22.7. Bonds authorized under this Section may also be | ||||||
| 5 | issued for the purposes of paying interest on such bonds, | ||||||
| 6 | establishing reserves to secure such bonds and paying the | ||||||
| 7 | costs of issuance of such bonds. In connection with the | ||||||
| 8 | issuance of its bonds, the board may enter into arrangements | ||||||
| 9 | to provide additional security and liquidity for the bonds. | ||||||
| 10 | These may include, without limitation, municipal bond | ||||||
| 11 | insurance, letters of credit, lines of credit by which the | ||||||
| 12 | board may borrow funds to pay or redeem its bonds, and purchase | ||||||
| 13 | or remarketing arrangements for assuring the ability of owners | ||||||
| 14 | of the board's bonds to sell or to have redeemed their bonds. | ||||||
| 15 | The board may enter into contracts and may agree to pay fees to | ||||||
| 16 | persons providing such arrangements, including from bond | ||||||
| 17 | proceeds but only under circumstances in which the total | ||||||
| 18 | interest paid or to be paid on the bonds, together with the | ||||||
| 19 | fees for the arrangements (being treated as if interest), | ||||||
| 20 | would not, taken together, cause the bonds to bear interest, | ||||||
| 21 | calculated to their absolute maturity, at a rate in excess of | ||||||
| 22 | the maximum rate allowed by law. | ||||||
| 23 | The resolution of the board authorizing the issuance of | ||||||
| 24 | its bonds may provide that interest rates may vary from time to | ||||||
| 25 | time depending upon criteria established by the board, which | ||||||
| 26 | may include, without limitation, a variation in interest rates | ||||||
| |||||||
| |||||||
| 1 | as may be necessary to cause bonds to be remarketable from time | ||||||
| 2 | to time at a price equal to their principal amount, and may | ||||||
| 3 | provide for appointment of a national banking association, | ||||||
| 4 | bank, trust company, investment banker, or other financial | ||||||
| 5 | institution to serve as a remarketing agent in that | ||||||
| 6 | connection. The resolution of the board authorizing the | ||||||
| 7 | issuance of its bonds may provide that alternative interest | ||||||
| 8 | rates or provisions will apply during such times as the bonds | ||||||
| 9 | are held by a person providing a letter of credit or other | ||||||
| 10 | credit enhancement arrangement for those bonds. The Board may | ||||||
| 11 | use proceeds of the sale of bonds authorized under this | ||||||
| 12 | Section to pay the cost of obtaining such municipal bond | ||||||
| 13 | insurance, letter of credit, or other credit facilities. Bonds | ||||||
| 14 | may also be issued under this Section to pay the cost of | ||||||
| 15 | refunding any bonds issued under this Section, including prior | ||||||
| 16 | to their maturity. The bonds shall bear interest at a rate or | ||||||
| 17 | rates not to exceed the maximum annual rate provided for in | ||||||
| 18 | Section 2 of the Bond Authorization Act "An Act to authorize | ||||||
| 19 | public corporations to issue bonds, other evidences of | ||||||
| 20 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 21 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 22 | now or hereafter amended, and, if issued at such maximum | ||||||
| 23 | annual rate, shall be sold for not less than par and accrued | ||||||
| 24 | interest. If any of the bonds are issued to bear interest at a | ||||||
| 25 | rate of less than such maximum annual rate the minimum price at | ||||||
| 26 | which they may be sold shall be such that the interest cost to | ||||||
| |||||||
| |||||||
| 1 | the board on the proceeds of the bonds shall not exceed such | ||||||
| 2 | maximum annual rate computed to stated maturity according to | ||||||
| 3 | standard tables of bond values. | ||||||
| 4 | Whenever the board desires to issue bonds as authorized in | ||||||
| 5 | this Section, it shall adopt a resolution designating the | ||||||
| 6 | purpose for which the proceeds of the bonds are to be expended | ||||||
| 7 | and fixing the amount of the bonds proposed to be issued, the | ||||||
| 8 | maturity or maturities thereof, and optional provisions, if | ||||||
| 9 | any, the rate of interest thereon, and the amount of taxes to | ||||||
| 10 | be levied annually for the purpose of paying the interest upon | ||||||
| 11 | and the principal, whether due at maturity or upon sinking | ||||||
| 12 | fund installment dates, of such bonds. | ||||||
| 13 | Said bonds shall be issued in the corporate name of the | ||||||
| 14 | school district. They shall be signed by the president and | ||||||
| 15 | secretary of said board and countersigned by the mayor and the | ||||||
| 16 | comptroller (or city clerk if there be no comptroller) of the | ||||||
| 17 | city. They shall be sold by the city comptroller (or city clerk | ||||||
| 18 | if there be no comptroller) upon such terms as may be approved | ||||||
| 19 | by the board after advertisement for bids as ordered by and | ||||||
| 20 | under the direction of the board, and the proceeds thereof | ||||||
| 21 | shall be received by the city treasurer, as school treasurer, | ||||||
| 22 | and expended by the board for the purposes provided in the bond | ||||||
| 23 | resolution. | ||||||
| 24 | Before or at the time of issuing any bonds authorized in | ||||||
| 25 | this Section, the board shall provide for the levy and | ||||||
| 26 | collection of a direct annual tax upon all the taxable | ||||||
| |||||||
| |||||||
| 1 | property of such school district sufficient to pay and | ||||||
| 2 | discharge the principal thereof at maturity, or upon sinking | ||||||
| 3 | fund installment dates, and to pay the interest thereon as it | ||||||
| 4 | falls due. Such tax shall be levied and collected in like | ||||||
| 5 | manner with the other taxes of such school district and shall | ||||||
| 6 | be in addition to and exclusive of the maximum of all other | ||||||
| 7 | taxes which such board is now, or may hereafter be, authorized | ||||||
| 8 | by law to levy for any and all school purposes. Upon the filing | ||||||
| 9 | in the office of the county clerk of the county wherein such | ||||||
| 10 | school district is located of a duly certified copy of any such | ||||||
| 11 | ordinance, it shall be the duty of such county clerk to extend | ||||||
| 12 | the tax therein provided for, including an amount to cover | ||||||
| 13 | loss and cost of collecting said taxes and also deferred | ||||||
| 14 | collections thereof and abatements in the amounts of such | ||||||
| 15 | taxes as extended upon the collector's books. The ordinance | ||||||
| 16 | shall be in force upon its passage. | ||||||
| 17 | (Source: P.A. 85-1418; 86-1477; revised 7-17-24.)
| ||||||
| 18 | (105 ILCS 5/34-22.10) (from Ch. 122, par. 34-22.10) | ||||||
| 19 | Sec. 34-22.10. Issuance of bonds. For the sole purpose of | ||||||
| 20 | purchasing or otherwise acquiring school buildings and related | ||||||
| 21 | property and facilities for an agricultural science school | ||||||
| 22 | pursuant to an agreement entered into pursuant to subparagraph | ||||||
| 23 | (7) of Section 34-21.1, the board may incur an indebtedness | ||||||
| 24 | and issue bonds therefor in an amount or amounts not to exceed | ||||||
| 25 | in the aggregate $20,000,000 in addition to the bonds | ||||||
| |||||||
| |||||||
| 1 | authorized under Sections 34-22.1, 34-22.2, 34-22.3, 34-22.4, | ||||||
| 2 | 34-22.5, 34-22.6, and 34-22.7. Bonds authorized under this | ||||||
| 3 | Section may also be issued for the purposes of paying interest | ||||||
| 4 | on such bonds, establishing reserves to secure such bonds and | ||||||
| 5 | paying the costs of issuance of such bonds. | ||||||
| 6 | In connection with the issuance of its bonds, the board | ||||||
| 7 | may enter into arrangements to provide additional security and | ||||||
| 8 | liquidity for the bonds. These may include, without | ||||||
| 9 | limitation, municipal bond insurance, letters of credit, lines | ||||||
| 10 | of credit by which the board may borrow funds to pay or redeem | ||||||
| 11 | its bonds, and purchase or remarketing arrangements for | ||||||
| 12 | assuring the ability of owners of the board's bonds to sell or | ||||||
| 13 | to have redeemed their bonds. The board may enter into | ||||||
| 14 | contracts and may agree to pay fees to persons providing such | ||||||
| 15 | arrangements, including from bond proceeds but only under | ||||||
| 16 | circumstances in which the total interest paid or to be paid on | ||||||
| 17 | the bonds, together with the fees for the arrangements (being | ||||||
| 18 | treated as if interest), would not, taken together, cause the | ||||||
| 19 | bonds to bear interest, calculated to their absolute maturity, | ||||||
| 20 | at a rate in excess of the maximum rate allowed by law. | ||||||
| 21 | The Board may use proceeds of the sale of bonds authorized | ||||||
| 22 | under this Section to pay the cost of obtaining such municipal | ||||||
| 23 | bond insurance, letter of credit, or other credit facilities. | ||||||
| 24 | Bonds may also be issued under this Section to pay the cost of | ||||||
| 25 | refunding any bonds issued under this Section, including prior | ||||||
| 26 | to their maturity. The bonds shall bear interest at a rate or | ||||||
| |||||||
| |||||||
| 1 | rates not to exceed the maximum annual rate provided for in | ||||||
| 2 | Section 2 of the Bond Authorization Act "An Act to authorize | ||||||
| 3 | public corporations to issue bonds, other evidences of | ||||||
| 4 | indebtedness and tax anticipation warrants subject to interest | ||||||
| 5 | rate limitations set forth therein", approved May 26, 1970, as | ||||||
| 6 | now or hereafter amended, and, if issued at such maximum | ||||||
| 7 | annual rate, shall be sold for not less than par and accrued | ||||||
| 8 | interest. If any of the bonds are issued to bear interest at a | ||||||
| 9 | rate of less than such maximum annual rate the minimum price at | ||||||
| 10 | which they may be sold shall be such that the interest cost to | ||||||
| 11 | the board on the proceeds of the bonds shall not exceed such | ||||||
| 12 | maximum annual rate computed to stated maturity according to | ||||||
| 13 | standard tables of bond values. The resolution of the board | ||||||
| 14 | authorizing the issuance of its bonds may provide that | ||||||
| 15 | interest rates may vary from time to time depending upon | ||||||
| 16 | criteria established by the board, which may include, without | ||||||
| 17 | limitation, a variation in interest rates as may be necessary | ||||||
| 18 | to cause bonds to be remarketable from time to time at a price | ||||||
| 19 | equal to their principal amount, and may provide for | ||||||
| 20 | appointment of a national banking association, bank, trust | ||||||
| 21 | company, investment banker, or other financial institution to | ||||||
| 22 | serve as a remarketing agent in that connection. The | ||||||
| 23 | resolution of the board authorizing the issuance of its bonds | ||||||
| 24 | may provide that alternative interest rates or provisions will | ||||||
| 25 | apply during such times as the bonds are held by a person | ||||||
| 26 | providing a letter of credit or other credit enhancement | ||||||
| |||||||
| |||||||
| 1 | arrangement for those bonds. | ||||||
| 2 | Whenever the board desires to issue bonds as authorized in | ||||||
| 3 | this Section, it shall adopt a resolution designating the | ||||||
| 4 | purpose for which the proceeds of the bonds are to be expended | ||||||
| 5 | and fixing the amount of the bonds proposed to be issued, the | ||||||
| 6 | maturity or maturities thereof, and optional provisions, if | ||||||
| 7 | any, the rate of interest thereon, and the amount of taxes to | ||||||
| 8 | be levied annually for the purpose of paying the interest upon | ||||||
| 9 | and the principal, whether due at maturity or upon sinking | ||||||
| 10 | fund installment dates, of such bonds. | ||||||
| 11 | Said bonds shall be issued in the corporate name of the | ||||||
| 12 | school district. They shall be signed by the president and | ||||||
| 13 | secretary of said board. They shall be sold upon such terms as | ||||||
| 14 | may be approved by the board after advertisement for bids as | ||||||
| 15 | ordered by and under the direction of the board, and the | ||||||
| 16 | proceeds thereof shall be received by the city treasurer, as | ||||||
| 17 | school treasurer, and expended by the board for the purposes | ||||||
| 18 | provided in the bond resolution. | ||||||
| 19 | Before or at the time of issuing any bonds authorized in | ||||||
| 20 | this Section, the board shall, by resolution, provide for the | ||||||
| 21 | levy and collection of a direct annual tax upon all the taxable | ||||||
| 22 | property of such school district sufficient to pay and | ||||||
| 23 | discharge the principal thereof at maturity, or upon sinking | ||||||
| 24 | fund installment dates, and to pay the interest thereon as it | ||||||
| 25 | falls due. Such tax shall be levied and collected in like | ||||||
| 26 | manner with the other taxes of such school district and shall | ||||||
| |||||||
| |||||||
| 1 | be in addition to and exclusive of the maximum of all other | ||||||
| 2 | taxes which such board is now, or may hereafter be, authorized | ||||||
| 3 | by law to levy for any and all school purposes. Upon the filing | ||||||
| 4 | in the office of the county clerk of the county wherein such | ||||||
| 5 | school district is located of a duly certified copy of any such | ||||||
| 6 | resolution, it shall be the duty of such county clerk to extend | ||||||
| 7 | the tax therein provided for, including an amount to cover | ||||||
| 8 | loss and cost of collecting said taxes and also deferred | ||||||
| 9 | collections thereof and abatements in the amounts of such | ||||||
| 10 | taxes as extended upon the collector's books. The resolution | ||||||
| 11 | shall be in force upon its passage. | ||||||
| 12 | (Source: P.A. 86-930; revised 7-17-24.)
| ||||||
| 13 | (105 ILCS 5/34A-502) (from Ch. 122, par. 34A-502) | ||||||
| 14 | Sec. 34A-502. Terms of Bonds. | ||||||
| 15 | (a) Whenever the Authority desires or is required to issue | ||||||
| 16 | Bonds as provided in this Article, it shall adopt a resolution | ||||||
| 17 | designating the amount of the Bonds to be issued, the purposes | ||||||
| 18 | for which the proceeds of the Bonds are to be used and the | ||||||
| 19 | manner in which such proceeds shall be held pending the | ||||||
| 20 | application thereof. The Bonds shall be issued in the | ||||||
| 21 | corporate name of the Authority, shall bear such date or | ||||||
| 22 | dates, and shall mature at such time or times not exceeding 30 | ||||||
| 23 | years from their date as such resolution may provide; | ||||||
| 24 | provided, however, that Bonds issued on or after July 1, 1993 | ||||||
| 25 | shall mature on or before June 1, 2009. The Bonds may be issued | ||||||
| |||||||
| |||||||
| 1 | as serial bonds payable in installments or as term bonds with | ||||||
| 2 | sinking fund installments or as a combination thereof as the | ||||||
| 3 | Authority may determine in such resolution. The Bonds shall be | ||||||
| 4 | in such denominations of $1,000 or integral multiples thereof. | ||||||
| 5 | The Bonds shall be in such form, either coupon or registered, | ||||||
| 6 | carry such registration privileges, be executed in such | ||||||
| 7 | manner, be payable at such place or places, and be subject to | ||||||
| 8 | such terms of redemption at such redemption prices, including | ||||||
| 9 | premium, as such resolution may provide. The Bonds shall be | ||||||
| 10 | sold by the Authority at public sale. The Bonds shall be sold | ||||||
| 11 | to the highest and best bidders upon sealed bids. The | ||||||
| 12 | Authority shall, from time to time as Bonds are to be sold, | ||||||
| 13 | advertise in at least 2 daily newspapers, one of which is | ||||||
| 14 | published in the City of Springfield and one in the City of | ||||||
| 15 | Chicago, for proposals to purchase Bonds. Each of such | ||||||
| 16 | advertisements for proposals shall be published at least 10 | ||||||
| 17 | ten days prior to the date of the opening of the bids. The | ||||||
| 18 | Authority may reserve the right to reject any and all bids. | ||||||
| 19 | (b) Bonds issued prior to December 31, 1980 shall bear | ||||||
| 20 | interest at such rate or rates and at such price or prices as | ||||||
| 21 | the Authority may approve in the resolution authorizing the | ||||||
| 22 | issuance of Bonds. Bonds issued after December 31, 1980 shall | ||||||
| 23 | bear interest at a rate or rates not to exceed the maximum | ||||||
| 24 | annual rate provided for in Section 2 of the Bond | ||||||
| 25 | Authorization Act "An Act to authorize public corporations to | ||||||
| 26 | issue bonds, other evidences of indebtedness and tax | ||||||
| |||||||
| |||||||
| 1 | anticipation warrants subject to interest rate limitations set | ||||||
| 2 | forth therein", approved May 26, 1970, as amended, and, if | ||||||
| 3 | issued at such maximum annual rate, shall be sold for not less | ||||||
| 4 | than par and accrued interest. If any of the Bonds are issued | ||||||
| 5 | to bear interest at a rate of less than such maximum annual | ||||||
| 6 | rate the minimum price at which they may be sold shall be such | ||||||
| 7 | that the interest cost to the Authority on the proceeds of the | ||||||
| 8 | Bonds shall not exceed such maximum annual rate computed to | ||||||
| 9 | stated maturity according to standard tables of bond values. | ||||||
| 10 | (c) In connection with the issuance of its Bonds, the | ||||||
| 11 | Authority may enter into arrangements to provide additional | ||||||
| 12 | security and liquidity for the Bonds. These may include, | ||||||
| 13 | without limitation, municipal bond insurance, letters of | ||||||
| 14 | credit, lines of credit by which the Authority may borrow | ||||||
| 15 | funds to pay or redeem its Bonds, and purchase or remarketing | ||||||
| 16 | arrangements for assuring the ability of owners of the | ||||||
| 17 | Authority's Bonds to sell or to have redeemed their Bonds. The | ||||||
| 18 | Authority may enter into contracts and may agree to pay fees to | ||||||
| 19 | persons providing such arrangements, including from Bond | ||||||
| 20 | proceeds but only under circumstances in which the total | ||||||
| 21 | interest paid or to be paid on the Bonds, together with the | ||||||
| 22 | fees for the arrangements (being treated as if interest), | ||||||
| 23 | would not, taken together, cause the Bonds to bear interest, | ||||||
| 24 | calculated to their absolute maturity, at a rate in excess of | ||||||
| 25 | the maximum rate allowed by law. | ||||||
| 26 | The resolution of the Authority authorizing the issuance | ||||||
| |||||||
| |||||||
| 1 | of its Bonds may provide that interest rates may vary from time | ||||||
| 2 | to time depending upon criteria established by the Authority, | ||||||
| 3 | which may include, without limitation, a variation in interest | ||||||
| 4 | rates as may be necessary to cause Bonds to be remarketable | ||||||
| 5 | from time to time at a price equal to their principal amount, | ||||||
| 6 | and may provide for appointment of a national banking | ||||||
| 7 | association, bank, trust company, investment banker, or other | ||||||
| 8 | financial institution to serve as a remarketing agent in that | ||||||
| 9 | connection. The resolution of the Authority authorizing the | ||||||
| 10 | issuance of its Bonds may provide that alternative interest | ||||||
| 11 | rates or provisions will apply during such times as the Bonds | ||||||
| 12 | are held by a person providing a letter of credit or other | ||||||
| 13 | credit enhancement arrangement for those Bonds. | ||||||
| 14 | (Source: P.A. 88-511; revised 7-17-24.)
| ||||||
| 15 | Section 620. The Critical Health Problems and | ||||||
| 16 | Comprehensive Health Education Act is amended by changing | ||||||
| 17 | Section 3 as follows:
| ||||||
| 18 | (105 ILCS 110/3) | ||||||
| 19 | Sec. 3. Comprehensive Health Education Program. | ||||||
| 20 | (a) The program established under this Act shall include, | ||||||
| 21 | but not be limited to, the following major educational areas | ||||||
| 22 | as a basis for curricula in all elementary and secondary | ||||||
| 23 | schools in this State: human ecology and health; human growth | ||||||
| 24 | and development; the emotional, psychological, physiological, | ||||||
| |||||||
| |||||||
| 1 | hygienic, and social responsibilities of family life, | ||||||
| 2 | including sexual abstinence until marriage; the prevention and | ||||||
| 3 | control of disease, including instruction in grades 6 through | ||||||
| 4 | 12 on the prevention, transmission, and spread of AIDS; | ||||||
| 5 | age-appropriate sexual abuse and assault awareness and | ||||||
| 6 | prevention education in grades pre-kindergarten through 12; | ||||||
| 7 | public and environmental health; consumer health; safety | ||||||
| 8 | education and disaster preparedness; mental health and | ||||||
| 9 | illness; personal health habits; alcohol and drug use and | ||||||
| 10 | abuse, including the use and abuse of fentanyl, and the | ||||||
| 11 | medical and legal ramifications of alcohol, drug, and tobacco | ||||||
| 12 | use; abuse during pregnancy; evidence-based and medically | ||||||
| 13 | accurate information regarding sexual abstinence; tobacco and | ||||||
| 14 | e-cigarettes and other vapor devices; nutrition; and dental | ||||||
| 15 | health. The instruction on mental health and illness must | ||||||
| 16 | evaluate the multiple dimensions of health by reviewing the | ||||||
| 17 | relationship between physical and mental health to enhance | ||||||
| 18 | student understanding, attitudes, and behaviors that promote | ||||||
| 19 | health, well-being, and human dignity and must include how and | ||||||
| 20 | where to find mental health resources and specialized | ||||||
| 21 | treatment in the State. The program shall also provide course | ||||||
| 22 | material and instruction to advise pupils of the Abandoned | ||||||
| 23 | Newborn Infant Protection Act. The program shall include | ||||||
| 24 | information about cancer, including, without limitation, types | ||||||
| 25 | of cancer, signs and symptoms, risk factors, the importance of | ||||||
| 26 | early prevention and detection, and information on where to go | ||||||
| |||||||
| |||||||
| 1 | for help. Notwithstanding the above educational areas, the | ||||||
| 2 | following areas may also be included as a basis for curricula | ||||||
| 3 | in all elementary and secondary schools in this State: basic | ||||||
| 4 | first aid (including, but not limited to, cardiopulmonary | ||||||
| 5 | resuscitation and the Heimlich maneuver), heart disease, | ||||||
| 6 | diabetes, stroke, the prevention of child abuse, neglect, and | ||||||
| 7 | suicide, and teen dating violence in grades 7 through 12. | ||||||
| 8 | Beginning with the 2014-2015 school year, training on how to | ||||||
| 9 | properly administer cardiopulmonary resuscitation (which | ||||||
| 10 | training must be in accordance with standards of the American | ||||||
| 11 | Red Cross, the American Heart Association, or another | ||||||
| 12 | nationally recognized certifying organization) and how to use | ||||||
| 13 | an automated external defibrillator shall be included as a | ||||||
| 14 | basis for curricula in all secondary schools in this State. | ||||||
| 15 | (b) Beginning with the 2024-2025 school year in grades 9 | ||||||
| 16 | through 12, the program shall include instruction, study, and | ||||||
| 17 | discussion on the dangers of allergies. Information for the | ||||||
| 18 | instruction, study, and discussion shall come from information | ||||||
| 19 | provided by the Department of Public Health and the federal | ||||||
| 20 | Centers for Disease Control and Prevention. This instruction, | ||||||
| 21 | study, and discussion shall include, at a minimum: | ||||||
| 22 | (1) recognizing the signs and symptoms of an allergic | ||||||
| 23 | reaction, including anaphylaxis; | ||||||
| 24 | (2) the steps to take to prevent exposure to | ||||||
| 25 | allergens; and | ||||||
| 26 | (3) safe emergency epinephrine administration. | ||||||
| |||||||
| |||||||
| 1 | (c) No later than 30 days after the first day of each | ||||||
| 2 | school year, the school board of each public elementary and | ||||||
| 3 | secondary school in the State shall provide all teachers, | ||||||
| 4 | administrators, and other school personnel, as determined by | ||||||
| 5 | school officials, with information regarding emergency | ||||||
| 6 | procedures and life-saving techniques, including, without | ||||||
| 7 | limitation, the Heimlich maneuver, hands-only cardiopulmonary | ||||||
| 8 | resuscitation, and use of the school district's automated | ||||||
| 9 | external defibrillator. The information shall be in accordance | ||||||
| 10 | with standards of the American Red Cross, the American Heart | ||||||
| 11 | Association, or another nationally recognized certifying | ||||||
| 12 | organization. A school board may use the services of | ||||||
| 13 | non-governmental entities whose personnel have expertise in | ||||||
| 14 | life-saving techniques to instruct teachers, administrators, | ||||||
| 15 | and other school personnel in these techniques. Each school | ||||||
| 16 | board is encouraged to have in its employ, or on its volunteer | ||||||
| 17 | staff, at least one person who is certified, by the American | ||||||
| 18 | Red Cross or by another qualified certifying agency, as | ||||||
| 19 | qualified to administer first aid and cardiopulmonary | ||||||
| 20 | resuscitation. In addition, each school board is authorized to | ||||||
| 21 | allocate appropriate portions of its institute or inservice | ||||||
| 22 | days to conduct training programs for teachers and other | ||||||
| 23 | school personnel who have expressed an interest in becoming | ||||||
| 24 | certified to administer emergency first aid or cardiopulmonary | ||||||
| 25 | resuscitation. School boards are urged to encourage their | ||||||
| 26 | teachers and other school personnel who coach school athletic | ||||||
| |||||||
| |||||||
| 1 | programs and other extracurricular school activities to | ||||||
| 2 | acquire, develop, and maintain the knowledge and skills | ||||||
| 3 | necessary to properly administer first aid and cardiopulmonary | ||||||
| 4 | resuscitation in accordance with standards and requirements | ||||||
| 5 | established by the American Red Cross or another qualified | ||||||
| 6 | certifying agency. Subject to appropriation, the State Board | ||||||
| 7 | of Education shall establish and administer a matching grant | ||||||
| 8 | program to pay for half of the cost that a school district | ||||||
| 9 | incurs in training those teachers and other school personnel | ||||||
| 10 | who express an interest in becoming qualified to administer | ||||||
| 11 | first aid or cardiopulmonary resuscitation (which training | ||||||
| 12 | must be in accordance with standards of the American Red | ||||||
| 13 | Cross, the American Heart Association, or another nationally | ||||||
| 14 | recognized certifying organization). A school district that | ||||||
| 15 | applies for a grant must demonstrate that it has funds to pay | ||||||
| 16 | half of the cost of the training for which matching grant money | ||||||
| 17 | is sought. The State Board of Education shall award the grants | ||||||
| 18 | on a first-come, first-serve basis. | ||||||
| 19 | (d) No pupil shall be required to take or participate in | ||||||
| 20 | any class or course on AIDS or family life instruction or to | ||||||
| 21 | receive training on how to properly administer cardiopulmonary | ||||||
| 22 | resuscitation or how to use an automated external | ||||||
| 23 | defibrillator if his or her parent or guardian submits written | ||||||
| 24 | objection thereto, and refusal to take or participate in the | ||||||
| 25 | course or program or the training shall not be reason for | ||||||
| 26 | suspension or expulsion of the pupil. | ||||||
| |||||||
| |||||||
| 1 | (e) Curricula developed under programs established in | ||||||
| 2 | accordance with this Act in the major educational area of | ||||||
| 3 | alcohol and drug use and abuse shall include classroom | ||||||
| 4 | instruction in grades 5 through 12, shall be age and | ||||||
| 5 | developmentally appropriate, and may include the information | ||||||
| 6 | contained in the Substance Use Prevention and Recovery | ||||||
| 7 | Instruction Resource Guide under Section 22-81 of the School | ||||||
| 8 | Code, as applicable. The instruction, which shall include | ||||||
| 9 | matters relating to both the physical and legal effects and | ||||||
| 10 | ramifications of drug and substance abuse, shall be integrated | ||||||
| 11 | into existing curricula; and the State Board of Education | ||||||
| 12 | shall determine how to develop and make available to all | ||||||
| 13 | elementary and secondary schools in this State instructional | ||||||
| 14 | materials and guidelines that will assist the schools in | ||||||
| 15 | incorporating the instruction into their existing curricula. | ||||||
| 16 | In addition, school districts may offer, as part of existing | ||||||
| 17 | curricula during the school day or as part of an after-school | ||||||
| 18 | program, support services and instruction for pupils or pupils | ||||||
| 19 | whose parent, parents, or guardians are chemically dependent. | ||||||
| 20 | Beginning with the 2024-2025 school year, the program | ||||||
| 21 | shall include instruction, study, and discussion on the | ||||||
| 22 | dangers of fentanyl in grades 6 through 12. Information for | ||||||
| 23 | the instruction, study, and discussion on the dangers of | ||||||
| 24 | fentanyl shall be age and developmentally appropriate and may | ||||||
| 25 | include information contained in the Substance Use Prevention | ||||||
| 26 | and Recovery Instruction Resource Guide under Section 22-81 of | ||||||
| |||||||
| |||||||
| 1 | the School Code, as applicable. The instruction, study, and | ||||||
| 2 | discussion on the dangers of fentanyl in grades 9 through 12 | ||||||
| 3 | shall include, at a minimum, all of the following: | ||||||
| 4 | (1) Information on fentanyl itself, including an | ||||||
| 5 | explanation of the differences between synthetic and | ||||||
| 6 | nonsynthetic opioids and illicit drugs, the variations of | ||||||
| 7 | fentanyl itself, and the differences between the legal and | ||||||
| 8 | illegal uses of fentanyl. | ||||||
| 9 | (2) The side effects and the risk factors of using | ||||||
| 10 | fentanyl, along with information comparing the lethal | ||||||
| 11 | amounts of fentanyl to other drugs. Information on the | ||||||
| 12 | risk factors may include, but is not limited to: | ||||||
| 13 | (A) the lethal dose of fentanyl; | ||||||
| 14 | (B) how often fentanyl is placed in drugs without | ||||||
| 15 | a person's knowledge; | ||||||
| 16 | (C) an explanation of what fentanyl does to a | ||||||
| 17 | person's body and the severity of fentanyl's addictive | ||||||
| 18 | properties; and | ||||||
| 19 | (D) how the consumption of fentanyl can lead to | ||||||
| 20 | hypoxia, as well as an explanation of what hypoxia | ||||||
| 21 | precisely does to a person's body. | ||||||
| 22 | (3) Details about the process of lacing fentanyl in | ||||||
| 23 | other drugs and why drugs get laced with fentanyl. | ||||||
| 24 | (4) Details about how to detect fentanyl in drugs and | ||||||
| 25 | how to save someone from an overdose of fentanyl, which | ||||||
| 26 | shall include: | ||||||
| |||||||
| |||||||
| 1 | (A) how to buy and use fentanyl test strips; | ||||||
| 2 | (B) how to buy and use naloxone, either through a | ||||||
| 3 | nasal spray or an injection; and | ||||||
| 4 | (C) how to detect if someone is overdosing on | ||||||
| 5 | fentanyl. | ||||||
| 6 | Students in grades 9 through 12 shall be assessed on the | ||||||
| 7 | instruction, study, and discussion on the dangers of fentanyl. | ||||||
| 8 | The assessment may include, but is not limited to: | ||||||
| 9 | (i) the differences between synthetic and nonsynthetic | ||||||
| 10 | drugs; | ||||||
| 11 | (ii) hypoxia; | ||||||
| 12 | (iii) the effects of fentanyl on a person's body; | ||||||
| 13 | (iv) the lethal dose of fentanyl; and | ||||||
| 14 | (v) how to detect and prevent overdoses. | ||||||
| 15 | The instruction, study, and discussion on the dangers of | ||||||
| 16 | fentanyl may be taught by a licensed educator, school nurse, | ||||||
| 17 | school social worker, law enforcement officer, or school | ||||||
| 18 | counselor. | ||||||
| 19 | (Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
| 20 | 102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff. | ||||||
| 21 | 1-1-24; 103-605, eff. 7-1-24; 103-608, eff. 1-1-25; 103-810, | ||||||
| 22 | eff. 8-9-24; revised 11-26-24.)
| ||||||
| 23 | Section 625. The School Construction Law is amended by | ||||||
| 24 | changing Section 5-300 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (105 ILCS 230/5-300) | ||||||
| 2 | (Section scheduled to be repealed on July 1, 2026) | ||||||
| 3 | Sec. 5-300. Early childhood construction grants. | ||||||
| 4 | (a) The Capital Development Board is authorized to make | ||||||
| 5 | grants to public school districts and not-for-profit entities | ||||||
| 6 | for early childhood construction projects. These grants shall | ||||||
| 7 | be paid out of moneys appropriated for that purpose from the | ||||||
| 8 | School Construction Fund, the Build Illinois Bond Fund, or the | ||||||
| 9 | Rebuild Illinois Projects Fund. No grants may be awarded to | ||||||
| 10 | entities providing services within private residences. A | ||||||
| 11 | not-for-profit early childhood entity that rents or leases | ||||||
| 12 | from another not-for-profit entity shall be considered an | ||||||
| 13 | eligible entity under this Section. | ||||||
| 14 | A public school district or other eligible entity must | ||||||
| 15 | provide local matching funds in the following manner: | ||||||
| 16 | (1) A public school district assigned to Tier 1 under | ||||||
| 17 | Section 18-8.15 of the School Code or any other eligible | ||||||
| 18 | entity in an area encompassed by that district must | ||||||
| 19 | provide local matching funds in an amount equal to 3% of | ||||||
| 20 | the grant awarded under this Section. | ||||||
| 21 | (2) A public school district assigned to Tier 2 under | ||||||
| 22 | Section 18-8.15 of the School Code or any other eligible | ||||||
| 23 | entity in an area encompassed by that district must | ||||||
| 24 | provide local matching funds in an amount equal to 7.5% of | ||||||
| 25 | the grant awarded under this Section. | ||||||
| 26 | (3) A public school district assigned to Tier 3 under | ||||||
| |||||||
| |||||||
| 1 | Section 18-8.15 of the School Code or any other eligible | ||||||
| 2 | entity in an area encompassed by that district must | ||||||
| 3 | provide local matching funds in an amount equal to 8.75% | ||||||
| 4 | of the grant awarded under this Section. | ||||||
| 5 | (4) A public school district assigned to Tier 4 under | ||||||
| 6 | Section 18-8.15 of the School Code or any other eligible | ||||||
| 7 | entity in an area encompassed by that district must | ||||||
| 8 | provide local matching funds in an amount equal to 10% of | ||||||
| 9 | the grant awarded under this Section. | ||||||
| 10 | A public school district or other eligible entity has no | ||||||
| 11 | entitlement to a grant under this Section. | ||||||
| 12 | (b) The Capital Development Board shall adopt rules to | ||||||
| 13 | implement this Section. These rules need not be the same as the | ||||||
| 14 | rules for school construction project grants or school | ||||||
| 15 | maintenance project grants. The rules may specify: | ||||||
| 16 | (1) the manner of applying for grants; | ||||||
| 17 | (2) project eligibility requirements; | ||||||
| 18 | (3) restrictions on the use of grant moneys; | ||||||
| 19 | (4) the manner in which school districts and other | ||||||
| 20 | eligible entities must account for the use of grant | ||||||
| 21 | moneys; | ||||||
| 22 | (5) requirements that new or improved facilities be | ||||||
| 23 | used for early childhood and other related programs for a | ||||||
| 24 | period of at least 10 years; | ||||||
| 25 | (5.5) additional eligibility requirements for each | ||||||
| 26 | type of applicant; and | ||||||
| |||||||
| |||||||
| 1 | (6) any other provision that the Capital Development | ||||||
| 2 | Board determines to be necessary or useful for the | ||||||
| 3 | administration of this Section. | ||||||
| 4 | (b-5) When grants are made to non-profit corporations for | ||||||
| 5 | the acquisition or construction of new facilities, the Capital | ||||||
| 6 | Development Board or any State agency it so designates shall | ||||||
| 7 | hold title to or place a lien on the facility for a period of | ||||||
| 8 | 10 years after the date of the grant award, after which title | ||||||
| 9 | to the facility shall be transferred to the non-profit | ||||||
| 10 | corporation or the lien shall be removed, provided that the | ||||||
| 11 | non-profit corporation has complied with the terms of its | ||||||
| 12 | grant agreement. When grants are made to non-profit | ||||||
| 13 | corporations for the purpose of renovation or rehabilitation, | ||||||
| 14 | if the non-profit corporation does not comply with item (5) of | ||||||
| 15 | subsection (b) of this Section, the Capital Development Board | ||||||
| 16 | or any State agency it so designates shall recover the grant | ||||||
| 17 | pursuant to the procedures outlined in the Illinois Grant | ||||||
| 18 | Funds Recovery Act. | ||||||
| 19 | (c) The Capital Development Board, in consultation with | ||||||
| 20 | the State Board of Education, shall establish standards for | ||||||
| 21 | the determination of priority needs concerning early childhood | ||||||
| 22 | projects based on projects located in communities in the State | ||||||
| 23 | with the greatest underserved population of young children, | ||||||
| 24 | utilizing Census data and other reliable local early childhood | ||||||
| 25 | service data. | ||||||
| 26 | (d) In each school year in which early childhood | ||||||
| |||||||
| |||||||
| 1 | construction project grants are awarded, 20% of the total | ||||||
| 2 | amount awarded shall be awarded to a school district with a | ||||||
| 3 | population of more than 500,000, provided that the school | ||||||
| 4 | district complies with the requirements of this Section and | ||||||
| 5 | the rules adopted under this Section. | ||||||
| 6 | (e) This Section is repealed on July 1, 2026. | ||||||
| 7 | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23; | ||||||
| 8 | 103-594, eff. 6-25-24; 103-759, eff. 8-2-24; revised 8-12-24.)
| ||||||
| 9 | Section 630. The Early Childhood Access Consortium for | ||||||
| 10 | Equity Act is amended by changing Section 25 as follows:
| ||||||
| 11 | (110 ILCS 28/25) | ||||||
| 12 | Sec. 25. Advisory committee; membership. | ||||||
| 13 | (a) The Board of Higher Education, the Illinois Community | ||||||
| 14 | College Board, the State Board of Education, the Department of | ||||||
| 15 | Human Services, and the Department of Early Childhood shall | ||||||
| 16 | jointly convene a Consortium advisory committee to provide | ||||||
| 17 | guidance on the operation of the Consortium. | ||||||
| 18 | (b) Membership on the advisory committee shall be | ||||||
| 19 | comprised of employers and experts appointed by the Board of | ||||||
| 20 | Higher Education, the Illinois Community College Board, the | ||||||
| 21 | Department of Early Childhood, the Department of Human | ||||||
| 22 | Services, and the State Board of Education. Membership shall | ||||||
| 23 | also include all of the following members: | ||||||
| 24 | (1) An employer from a community-based child care | ||||||
| |||||||
| |||||||
| 1 | provider, appointed by the Department of Human Services. | ||||||
| 2 | (2) An employer from a for-profit child care provider, | ||||||
| 3 | appointed by the Department of Human Services. | ||||||
| 4 | (3) An employer from a nonprofit child care provider, | ||||||
| 5 | appointed by the Department of Human Services. | ||||||
| 6 | (4) A provider of family child care, appointed by the | ||||||
| 7 | Department of Human Services. | ||||||
| 8 | (5) An employer located in southern Illinois, | ||||||
| 9 | appointed by the Department of Early Childhood. | ||||||
| 10 | (6) An employer located in central Illinois, appointed | ||||||
| 11 | by the Department of Early Childhood. | ||||||
| 12 | (7) At least one member who represents an urban school | ||||||
| 13 | district, appointed by the State Board of Education. | ||||||
| 14 | (8) At least one member who represents a suburban | ||||||
| 15 | school district, appointed by the State Board of | ||||||
| 16 | Education. | ||||||
| 17 | (9) At least one member who represents a rural school | ||||||
| 18 | district, appointed by the State Board of Education. | ||||||
| 19 | (10) At least one member who represents a school | ||||||
| 20 | district in a city with a population of 500,000 or more, | ||||||
| 21 | appointed by the State Board of Education. | ||||||
| 22 | (11) Two early childhood advocates with statewide | ||||||
| 23 | expertise in early childhood workforce issues, appointed | ||||||
| 24 | by the Department of Early Childhood. | ||||||
| 25 | (12) The Chairperson or Vice-Chairperson and the | ||||||
| 26 | Minority Spokesperson or a designee of the Senate | ||||||
| |||||||
| |||||||
| 1 | Committee on Higher Education. | ||||||
| 2 | (13) The Chairperson or Vice-Chairperson and the | ||||||
| 3 | Minority Spokesperson or a designee of the House Committee | ||||||
| 4 | on Higher Education. | ||||||
| 5 | (14) One member representing the Illinois Community | ||||||
| 6 | College Board, who shall serve as co-chairperson, | ||||||
| 7 | appointed by the Illinois Community College Board. | ||||||
| 8 | (15) One member representing the Board of Higher | ||||||
| 9 | Education, who shall serve as co-chairperson, appointed by | ||||||
| 10 | the Board of Higher Education. | ||||||
| 11 | (16) One member representing the Illinois Student | ||||||
| 12 | Assistance Commission, appointed by the Illinois Student | ||||||
| 13 | Assistance Commission. | ||||||
| 14 | (17) One member representing the State Board of | ||||||
| 15 | Education, who shall serve as co-chairperson, appointed by | ||||||
| 16 | the State Board of Education. | ||||||
| 17 | (18) One member representing the Department of Early | ||||||
| 18 | Childhood, who shall serve as co-chairperson, appointed by | ||||||
| 19 | the Department of Early Childhood. | ||||||
| 20 | (19) One member representing the Department of Human | ||||||
| 21 | Services, who shall serve as co-chairperson, appointed by | ||||||
| 22 | the Department of Human Services. | ||||||
| 23 | (20) One member representing INCCRRA, appointed by the | ||||||
| 24 | Department of Early Childhood. | ||||||
| 25 | (21) One member representing the Department of | ||||||
| 26 | Children and Family Services, appointed by the Department | ||||||
| |||||||
| |||||||
| 1 | of Children and Family Services. | ||||||
| 2 | (22) One member representing an organization that | ||||||
| 3 | advocates on behalf of community college trustees, | ||||||
| 4 | appointed by the Illinois Community College Board. | ||||||
| 5 | (23) One member of a union representing child care and | ||||||
| 6 | early childhood providers, appointed by the Department of | ||||||
| 7 | Human Services. | ||||||
| 8 | (24) Two members of unions representing higher | ||||||
| 9 | education faculty, appointed by the Board of Higher | ||||||
| 10 | Education. | ||||||
| 11 | (25) A representative from the College of Education of | ||||||
| 12 | an urban public university, appointed by the Board of | ||||||
| 13 | Higher Education. | ||||||
| 14 | (26) A representative from the College of Education of | ||||||
| 15 | a suburban public university, appointed by the Board of | ||||||
| 16 | Higher Education. | ||||||
| 17 | (27) A representative from the College of Education of | ||||||
| 18 | a rural public university, appointed by the Board of | ||||||
| 19 | Higher Education. | ||||||
| 20 | (28) A representative from the College of Education of | ||||||
| 21 | a private university, appointed by the Board of Higher | ||||||
| 22 | Education. | ||||||
| 23 | (29) A representative of an urban community college, | ||||||
| 24 | appointed by the Illinois Community College Board. | ||||||
| 25 | (30) A representative of a suburban community college, | ||||||
| 26 | appointed by the Illinois Community College Board. | ||||||
| |||||||
| |||||||
| 1 | (31) A representative of a rural community college, | ||||||
| 2 | appointed by the Illinois Community College Board. | ||||||
| 3 | (c) The advisory committee shall meet at least twice a | ||||||
| 4 | year. The committee meetings shall be open to the public in | ||||||
| 5 | accordance with the provisions of the Open Meetings Act. | ||||||
| 6 | (d) Except for the co-chairpersons of the advisory | ||||||
| 7 | committee, the initial terms for advisory committee members | ||||||
| 8 | after June 5, 2024 (the effective date of Public Act 103-588) | ||||||
| 9 | this amendatory Act of the 103rd General Assembly shall be set | ||||||
| 10 | by lottery at the first meeting after June 5, 2024 (the | ||||||
| 11 | effective date of Public Act 103-588) this amendatory Act of | ||||||
| 12 | the 103rd General Assembly as follows: | ||||||
| 13 | (1) One-third of members shall serve a one-year 1-year | ||||||
| 14 | term. | ||||||
| 15 | (2) One-third of members shall serve a 2-year term. | ||||||
| 16 | (3) One-third of members shall serve a 3-year term. | ||||||
| 17 | (e) The initial term of co-chairpersons of the advisory | ||||||
| 18 | committee shall be for 3 years. | ||||||
| 19 | (f) After the initial term, each subsequent term for the | ||||||
| 20 | members of the advisory committee shall be for 3 years or until | ||||||
| 21 | a successor is appointed. | ||||||
| 22 | (g) The members of the advisory committee shall serve | ||||||
| 23 | without compensation, but shall be entitled to reimbursement | ||||||
| 24 | for all necessary expenses incurred in the performance of | ||||||
| 25 | their official duties as members of the advisory committee | ||||||
| 26 | from funds appropriated for that purpose. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 102-174, eff. 7-28-21; 103-588, eff. 6-5-24; | ||||||
| 2 | 103-594, eff. 6-25-24; revised 7-25-24.)
| ||||||
| 3 | Section 635. The Postsecondary and Workforce Readiness Act | ||||||
| 4 | is amended by changing Section 85 as follows:
| ||||||
| 5 | (110 ILCS 148/85) | ||||||
| 6 | Sec. 85. Statewide planning and supports for College and | ||||||
| 7 | Career Pathway Endorsement programs. | ||||||
| 8 | (a) By no later than June 30, 2017, the IPIC Agencies shall | ||||||
| 9 | develop and adopt a comprehensive interagency plan for | ||||||
| 10 | supporting the development of College and Career Pathway | ||||||
| 11 | Endorsement programs throughout the State. Thereafter, the | ||||||
| 12 | plan shall be re-assessed and updated at least once every 5 | ||||||
| 13 | years. The plan shall: | ||||||
| 14 | (1) designate priority, State-level industry sectors | ||||||
| 15 | consistent with those identified through federal and State | ||||||
| 16 | workforce and economic development planning processes; | ||||||
| 17 | (2) articulate a strategy for supporting College and | ||||||
| 18 | Career Pathway Endorsement programs that includes State | ||||||
| 19 | and federal funding, business and philanthropic | ||||||
| 20 | investments, and local investments; | ||||||
| 21 | (3) consider the need for school districts and | ||||||
| 22 | postsecondary institutions to phase in endorsement | ||||||
| 23 | programs and the elements specified in subsection (d) of | ||||||
| 24 | Section 80 of this Act over multiple years; and | ||||||
| |||||||
| |||||||
| 1 | (4) address how College and Career Pathway Endorsement | ||||||
| 2 | programs articulate to postsecondary institution degree | ||||||
| 3 | programs. | ||||||
| 4 | (b) In accordance with the interagency plan developed | ||||||
| 5 | pursuant to subsection (a) of this Section and within the | ||||||
| 6 | limits of available public and private resources, the IPIC | ||||||
| 7 | Agencies shall establish a public-private steering committee | ||||||
| 8 | for each priority State-level industry sector that includes | ||||||
| 9 | representatives from one or more business-led, sector-based | ||||||
| 10 | partnerships. By no later than June 30, 2018, each steering | ||||||
| 11 | committee shall recommend to the IPIC Agencies a sequence of | ||||||
| 12 | minimum career competencies for particular occupational | ||||||
| 13 | pathways within that sector that students should attain by | ||||||
| 14 | high school graduation as part of a College and Career Pathway | ||||||
| 15 | Endorsement program. The IPIC Agencies shall establish methods | ||||||
| 16 | to recognize and incentivize College and Career Pathway | ||||||
| 17 | Endorsement programs that: | ||||||
| 18 | (1) address a priority State-level industry sector; | ||||||
| 19 | (2) are developed jointly by school districts, | ||||||
| 20 | community colleges, Local Workforce Development Boards, | ||||||
| 21 | and employers; and | ||||||
| 22 | (3) align to sequences of minimum career competencies | ||||||
| 23 | defined pursuant to this subsection (b), with any regional | ||||||
| 24 | modifications appropriate for local economic development | ||||||
| 25 | objectives. | ||||||
| 26 | (c) In accordance with the interagency plan developed | ||||||
| |||||||
| |||||||
| 1 | pursuant to subsection (a) of this Section and within the | ||||||
| 2 | limits of available public and private resources, the IPIC | ||||||
| 3 | Agencies shall provide all of the following supports for | ||||||
| 4 | College and Career Pathway Endorsement programs program: | ||||||
| 5 | (1) Provide guidance documents for implementation of | ||||||
| 6 | each of the various elements of College and Career Pathway | ||||||
| 7 | Endorsement programs. | ||||||
| 8 | (2) Provide or designate one or more web-based tools | ||||||
| 9 | to support College and Career Pathway Endorsement | ||||||
| 10 | programs, including a professional learning portfolio, | ||||||
| 11 | Professional Skills Assessment, and mentoring platform. | ||||||
| 12 | (3) Make available a statewide insurance policy for | ||||||
| 13 | appropriate types of Supervised Career Development | ||||||
| 14 | Experiences. | ||||||
| 15 | (4) Provide or designate one or more model | ||||||
| 16 | instructional units that provide an orientation to all | ||||||
| 17 | career cluster areas. | ||||||
| 18 | (5) Coordinate with business-led, sector-based | ||||||
| 19 | partnerships to: | ||||||
| 20 | (A) designate available curricular and | ||||||
| 21 | instructional resources that school districts can | ||||||
| 22 | voluntarily select to address requirements for College | ||||||
| 23 | and Career Pathway Endorsement programs; | ||||||
| 24 | (B) designate stackable industry-based | ||||||
| 25 | certifications, the completion of which demonstrates | ||||||
| 26 | mastery of specific career competencies and that are | ||||||
| |||||||
| |||||||
| 1 | widely valued by employers within a particular sector; | ||||||
| 2 | (C) deliver or support sector-oriented | ||||||
| 3 | professional development, Career Exploration | ||||||
| 4 | Activities, Intensive Career Exploration Experiences, | ||||||
| 5 | Team-based Challenges, and Supervised Career | ||||||
| 6 | Development Experiences; and | ||||||
| 7 | (D) develop recognition and incentives for school | ||||||
| 8 | districts implementing and students attaining College | ||||||
| 9 | and Career Pathway Endorsements that align to the | ||||||
| 10 | sequence of minimum career competencies defined | ||||||
| 11 | pursuant to subsection (b) of this Section. | ||||||
| 12 | (d) To support articulation of College and Career Pathway | ||||||
| 13 | Endorsement programs into higher education, by no later than | ||||||
| 14 | June 30, 2018, the ICCB and IBHE shall jointly adopt, in | ||||||
| 15 | consultation with postsecondary institutions, requirements for | ||||||
| 16 | postsecondary institutions to define first-year course | ||||||
| 17 | schedules and degree programs with Endorsement areas to | ||||||
| 18 | support the successful transition of Endorsement recipients | ||||||
| 19 | into related degree programs. These requirements shall take | ||||||
| 20 | effect in the 2020-2021 school year. | ||||||
| 21 | (Source: P.A. 99-674, eff. 7-29-16; revised 7-19-24.)
| ||||||
| 22 | Section 640. The Public Higher Education Act is amended by | ||||||
| 23 | setting forth and renumbering multiple versions of Section 15 | ||||||
| 24 | as follows:
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 167/15) | ||||||
| 2 | Sec. 15. National Guard and reservist classwork policy. | ||||||
| 3 | The governing board of each public institution of higher | ||||||
| 4 | education shall adopt a policy to allow a student who is a | ||||||
| 5 | member of the National Guard of any state, the District of | ||||||
| 6 | Columbia, a commonwealth, or a territory of the United States | ||||||
| 7 | or any reserve component of the Armed Forces of the United | ||||||
| 8 | States to submit classwork and complete any other class | ||||||
| 9 | assignments missed due to the student participating in a drill | ||||||
| 10 | or other military obligation required as a member of the | ||||||
| 11 | National Guard or the reserve component. | ||||||
| 12 | (Source: P.A. 103-871, eff. 1-1-25.)
| ||||||
| 13 | (110 ILCS 167/16) | ||||||
| 14 | Sec. 16 15. Admission based on legacy status or donor | ||||||
| 15 | relation prohibited. | ||||||
| 16 | (a) In this Section: | ||||||
| 17 | "Alumnus" means a graduate of a public institution of | ||||||
| 18 | higher education. | ||||||
| 19 | "Familial relationship" means an individual's father, | ||||||
| 20 | mother, son, daughter, brother, sister, uncle, aunt, | ||||||
| 21 | great-aunt, great-uncle, first cousin, nephew, niece, husband, | ||||||
| 22 | wife, grandfather, grandmother, grandson, granddaughter, | ||||||
| 23 | father-in-law, mother-in-law, son-in-law, daughter-in-law, | ||||||
| 24 | brother-in-law, sister-in-law, stepfather, stepmother, | ||||||
| 25 | stepson, stepdaughter, stepbrother, stepsister, half brother, | ||||||
| |||||||
| |||||||
| 1 | or half sister; the father, mother, grandfather, or | ||||||
| 2 | grandmother of the individual's spouse; or the individual's | ||||||
| 3 | fiance or fiancee. | ||||||
| 4 | "Legacy status" means the familial relationship of an | ||||||
| 5 | individual applying for admission to a public institution of | ||||||
| 6 | higher education to an alumnus or former or current attendee | ||||||
| 7 | of the public institution of higher education. | ||||||
| 8 | (b) In determining admission to a public institution of | ||||||
| 9 | higher education, the public institution of higher education | ||||||
| 10 | may not consider an applicant's legacy status or the | ||||||
| 11 | applicant's familial relationship to any past, current, or | ||||||
| 12 | prospective donor of something of value to the public | ||||||
| 13 | institution of higher education as a factor in admitting the | ||||||
| 14 | applicant. | ||||||
| 15 | (Source: P.A. 103-877, eff. 8-9-24; revised 9-20-24.)
| ||||||
| 16 | (110 ILCS 167/17) | ||||||
| 17 | Sec. 17 15. Transcript evaluation fee waivers. | ||||||
| 18 | (a) In this Section, "refugee" means a person who has | ||||||
| 19 | entered the United States on a refugee status from Iraq or | ||||||
| 20 | Afghanistan. | ||||||
| 21 | (b) Beginning January 1, 2025, each public institution of | ||||||
| 22 | higher education shall pay on behalf of a refugee or reimburse | ||||||
| 23 | a refugee for payment of any transcript evaluation fees that | ||||||
| 24 | are required by the public institution of higher education to | ||||||
| 25 | be paid during the admission process. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-913, eff. 8-9-24; revised 9-20-24.)
| ||||||
| 2 | Section 645. The Board of Higher Education Act is amended | ||||||
| 3 | by changing Section 8 as follows:
| ||||||
| 4 | (110 ILCS 205/8) (from Ch. 144, par. 188) | ||||||
| 5 | Sec. 8. The Board of Trustees of the University of | ||||||
| 6 | Illinois, the Board of Trustees of Southern Illinois | ||||||
| 7 | University, the Board of Trustees of Chicago State University, | ||||||
| 8 | the Board of Trustees of Eastern Illinois University, the | ||||||
| 9 | Board of Trustees of Governors State University, the Board of | ||||||
| 10 | Trustees of Illinois State University, the Board of Trustees | ||||||
| 11 | of Northeastern Illinois University, the Board of Trustees of | ||||||
| 12 | Northern Illinois University, and the Board of Trustees of | ||||||
| 13 | Western Illinois University shall submit to the Board not | ||||||
| 14 | later than the 15th day of November of each year their its | ||||||
| 15 | budget proposals for the operation and capital needs of the | ||||||
| 16 | institutions under their its governance or supervision for the | ||||||
| 17 | ensuing fiscal year. The Illinois Community College Board | ||||||
| 18 | shall submit to the Board by December 15 of each year its | ||||||
| 19 | budget proposal for the operation and capital needs of the | ||||||
| 20 | institutions under its governance or supervision for the | ||||||
| 21 | ensuing fiscal year. Each budget proposal shall conform to the | ||||||
| 22 | procedures developed by the Board in the design of an | ||||||
| 23 | information system for State universities and colleges. | ||||||
| 24 | In order to maintain a cohesive system of higher | ||||||
| |||||||
| |||||||
| 1 | education, the Board and its staff shall communicate on a | ||||||
| 2 | regular basis with all public university presidents. They | ||||||
| 3 | shall meet at least semiannually to achieve economies of scale | ||||||
| 4 | where possible and provide the most innovative and efficient | ||||||
| 5 | programs and services. | ||||||
| 6 | The Board, in the analysis of formulating the annual | ||||||
| 7 | budget request, shall consider rates of tuition and fees and | ||||||
| 8 | undergraduate tuition and fee waiver programs at the State | ||||||
| 9 | universities and colleges. The Board shall also consider the | ||||||
| 10 | current and projected utilization of the total physical plant | ||||||
| 11 | of each campus of a university or college in approving the | ||||||
| 12 | capital budget for any new building or facility. | ||||||
| 13 | The Board of Higher Education shall submit to the | ||||||
| 14 | Governor, to the General Assembly, and to the appropriate | ||||||
| 15 | budget agencies of the Governor and General Assembly its | ||||||
| 16 | analysis and recommendations on such budget proposals. | ||||||
| 17 | The Board is directed to form a broad-based group of | ||||||
| 18 | individuals representing the Office of the Governor, the | ||||||
| 19 | General Assembly, public institutions of higher education, | ||||||
| 20 | State agencies, business and industry, statewide organizations | ||||||
| 21 | representing faculty and staff, and others as the Board shall | ||||||
| 22 | deem appropriate to devise a system for allocating State | ||||||
| 23 | resources to public institutions of higher education based | ||||||
| 24 | upon performance in achieving State goals related to student | ||||||
| 25 | success and certificate and degree completion. | ||||||
| 26 | Beginning in Fiscal Year 2013, the Board of Higher | ||||||
| |||||||
| |||||||
| 1 | Education budget recommendations to the Governor and the | ||||||
| 2 | General Assembly shall include allocations to public | ||||||
| 3 | institutions of higher education based upon performance | ||||||
| 4 | metrics designed to promote and measure student success in | ||||||
| 5 | degree and certificate completion. Public university metrics | ||||||
| 6 | must be adopted by the Board by rule, and public community | ||||||
| 7 | college metrics must be adopted by the Illinois Community | ||||||
| 8 | College Board by rule. These metrics must be developed and | ||||||
| 9 | promulgated in accordance with the following principles: | ||||||
| 10 | (1) The metrics must be developed in consultation with | ||||||
| 11 | public institutions of higher education, as well as other | ||||||
| 12 | State educational agencies and other higher education | ||||||
| 13 | organizations, associations, interests, and stakeholders | ||||||
| 14 | as deemed appropriate by the Board. | ||||||
| 15 | (2) The metrics shall include provisions for | ||||||
| 16 | recognizing the demands on and rewarding the performance | ||||||
| 17 | of institutions in advancing the success of students who | ||||||
| 18 | are academically or financially at risk, including | ||||||
| 19 | first-generation students, low-income students, and | ||||||
| 20 | students traditionally underrepresented in higher | ||||||
| 21 | education, as specified in Section 9.16 of this Act. | ||||||
| 22 | (3) The metrics shall recognize and account for the | ||||||
| 23 | differentiated missions of institutions and sectors of | ||||||
| 24 | higher education. | ||||||
| 25 | (4) The metrics shall focus on the fundamental goal of | ||||||
| 26 | increasing completion of college courses, certificates, | ||||||
| |||||||
| |||||||
| 1 | and degrees. Performance metrics shall recognize the | ||||||
| 2 | unique and broad mission of public community colleges | ||||||
| 3 | through consideration of additional factors, including, | ||||||
| 4 | but not limited to, enrollment, progress through key | ||||||
| 5 | academic milestones, transfer to a baccalaureate | ||||||
| 6 | institution, and degree completion. | ||||||
| 7 | (5) The metrics must be designed to maintain the | ||||||
| 8 | quality of degrees, certificates, courses, and programs. | ||||||
| 9 | In devising performance metrics, the Board may be guided by | ||||||
| 10 | the report of the Higher Education Finance Study Commission. | ||||||
| 11 | Each State university must submit its plan for capital | ||||||
| 12 | improvements of non-instructional facilities to the Board for | ||||||
| 13 | approval before final commitments are made if the total cost | ||||||
| 14 | of the project as approved by the institution's board of | ||||||
| 15 | control is in excess of $2 million. Non-instructional uses | ||||||
| 16 | shall include, but not be limited to, dormitories, union | ||||||
| 17 | buildings, field houses, stadium, other recreational | ||||||
| 18 | facilities, and parking lots. The Board shall determine | ||||||
| 19 | whether or not any project submitted for approval is | ||||||
| 20 | consistent with the strategic plan for higher education and | ||||||
| 21 | with instructional buildings that are provided for therein. If | ||||||
| 22 | the project is found by a majority of the Board not to be | ||||||
| 23 | consistent, such capital improvement shall not be constructed. | ||||||
| 24 | (Source: P.A. 102-1046, eff. 6-7-22; 103-940, eff. 8-9-24; | ||||||
| 25 | revised 8-23-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 650. The University of Illinois Act is amended by | ||||||
| 2 | changing Section 90 and by setting forth and renumbering | ||||||
| 3 | multiple versions of Section 180 as follows:
| ||||||
| 4 | (110 ILCS 305/90) | ||||||
| 5 | Sec. 90. Employment contract limitations. This Section | ||||||
| 6 | applies to the employment contracts of the president or all | ||||||
| 7 | chancellors of the University entered into, amended, renewed, | ||||||
| 8 | or extended after January 1, 2017 (the effective date of | ||||||
| 9 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 10 | Assembly. This Section does not apply to collective bargaining | ||||||
| 11 | agreements. With respect to employment contracts entered into | ||||||
| 12 | with the president or all chancellors of the University: | ||||||
| 13 | (1) Severance under the contract may not exceed one | ||||||
| 14 | year's year salary and applicable benefits. | ||||||
| 15 | (2) A contract with a determinate start and end date | ||||||
| 16 | may not exceed 4 years. | ||||||
| 17 | (3) The contract may not include any automatic | ||||||
| 18 | rollover clauses. | ||||||
| 19 | (4) Severance payments or contract buyouts may be | ||||||
| 20 | placed in an escrow account if there are pending criminal | ||||||
| 21 | charges against the president or all chancellors of the | ||||||
| 22 | University related to their employment. | ||||||
| 23 | (5) Final action on the formation, renewal, extension, | ||||||
| 24 | or termination of the employment contracts of the | ||||||
| 25 | president or all chancellors of the University must be | ||||||
| |||||||
| |||||||
| 1 | made during an open meeting of the Board of Trustees. | ||||||
| 2 | (6) Public notice, compliant with the provisions of | ||||||
| 3 | the Open Meetings Act, must be given prior to final action | ||||||
| 4 | on the formation, renewal, extension, or termination of | ||||||
| 5 | the employment contracts of the president or all | ||||||
| 6 | chancellors of the University and must include a copy of | ||||||
| 7 | the Board item or other documentation providing, at a | ||||||
| 8 | minimum, a description of the proposed principal financial | ||||||
| 9 | components of the president's or all chancellors' | ||||||
| 10 | appointments. | ||||||
| 11 | (7) Any performance-based bonus or incentive-based | ||||||
| 12 | compensation to the president or all chancellors of the | ||||||
| 13 | University must be approved by the Board in an open | ||||||
| 14 | meeting. The performance upon which the bonus is based | ||||||
| 15 | must be made available to the public no less than 48 hours | ||||||
| 16 | before Board approval of the performance-based bonus or | ||||||
| 17 | incentive-based compensation. | ||||||
| 18 | (8) Board minutes, board packets, and annual | ||||||
| 19 | performance reviews concerning the president or all | ||||||
| 20 | chancellors of the University must be made available to | ||||||
| 21 | the public on the University's Internet website. | ||||||
| 22 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-17-24.)
| ||||||
| 23 | (110 ILCS 305/180) | ||||||
| 24 | Sec. 180. Innovation center. The Board of Trustees, | ||||||
| 25 | directly or in cooperation with the University of Illinois at | ||||||
| |||||||
| |||||||
| 1 | Springfield Innovation Center partners, which shall consist of | ||||||
| 2 | other institutions of higher education, not-for-profit | ||||||
| 3 | organizations, businesses, and local governments, may finance, | ||||||
| 4 | design, construct, enlarge, improve, equip, complete, operate, | ||||||
| 5 | control, and manage a University of Illinois at Springfield | ||||||
| 6 | Innovation Center (UIS Innovation Center), which is a facility | ||||||
| 7 | or facilities dedicated to fostering and supporting innovation | ||||||
| 8 | in academics, entrepreneurship, workforce development, policy | ||||||
| 9 | development, and non-profit or philanthropic activities. | ||||||
| 10 | Notwithstanding any other provision of law, the UIS Innovation | ||||||
| 11 | Center (1) may be located on land owned by the Board of | ||||||
| 12 | Trustees or a University of Illinois at Springfield Innovation | ||||||
| 13 | Center partner; and (2) shall have costs incurred in | ||||||
| 14 | connection with the design, construction, enlargement, | ||||||
| 15 | improvement, equipping, and completion of the business | ||||||
| 16 | incubation and innovation facilities paid with funds | ||||||
| 17 | appropriated to the Capital Development Board from the Build | ||||||
| 18 | Illinois Bond Fund for a grant to the Board of Trustees for the | ||||||
| 19 | UIS Innovation Center. If the UIS Innovation Center is located | ||||||
| 20 | on land owned by a University of Illinois at Springfield | ||||||
| 21 | Innovation Center partner, the Board of Trustees must have an | ||||||
| 22 | ownership interest in the facility or facilities or a portion | ||||||
| 23 | thereof. An ownership interest shall bear a reasonable | ||||||
| 24 | relationship to the proportional share of the costs paid by | ||||||
| 25 | such grant funds for a term equal to at least the useful life | ||||||
| 26 | of the innovation facilities. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-588, eff. 6-5-24.)
| ||||||
| 2 | (110 ILCS 305/185) | ||||||
| 3 | Sec. 185 180. Winter weather emergency closure; | ||||||
| 4 | educational support services pay. If a campus is closed due to | ||||||
| 5 | a city, county, or State declaration of a winter weather | ||||||
| 6 | emergency, the Board of Trustees shall pay to its employees | ||||||
| 7 | who provide educational support services to the campus, | ||||||
| 8 | including, but not limited to, custodial employees, building | ||||||
| 9 | maintenance employees, transportation employees, food service | ||||||
| 10 | providers, classroom assistants, or administrative staff, | ||||||
| 11 | their daily, regular rate of pay and benefits rendered for the | ||||||
| 12 | campus closure if the closure precludes them from performing | ||||||
| 13 | their regularly scheduled duties and the employee would have | ||||||
| 14 | reported for work but for the closure; however, this | ||||||
| 15 | requirement does not apply if the day is rescheduled and the | ||||||
| 16 | employee will be paid the employee's daily, regular rate of | ||||||
| 17 | pay and benefits for the rescheduled day when services are | ||||||
| 18 | rendered. | ||||||
| 19 | (Source: P.A. 103-749, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 20 | (110 ILCS 305/190) | ||||||
| 21 | Sec. 190 180. Enrollment reporting. | ||||||
| 22 | (a) The Board of Trustees shall report to the Board of | ||||||
| 23 | Higher Education by the 15th business day after the start of | ||||||
| 24 | the academic year all of the following student enrollment | ||||||
| |||||||
| |||||||
| 1 | data: | ||||||
| 2 | (1) The number of students enrolled at the start of | ||||||
| 3 | the previous academic year. | ||||||
| 4 | (2) The number of students enrolled full time at the | ||||||
| 5 | start of the previous academic year. | ||||||
| 6 | (3) The number of students enrolled at the start of | ||||||
| 7 | the current academic year. | ||||||
| 8 | (4) The number of students enrolled full time at the | ||||||
| 9 | start of the current academic year. | ||||||
| 10 | (5) The number of students enrolled in online learning | ||||||
| 11 | at the start of the previous academic year. | ||||||
| 12 | (6) The number of students enrolled in in-person | ||||||
| 13 | learning at the start of the previous academic year. | ||||||
| 14 | (7) The number of students enrolled in online learning | ||||||
| 15 | at the start of the current academic year. | ||||||
| 16 | (8) The number of students enrolled in in-person | ||||||
| 17 | learning at the start of the current academic year. | ||||||
| 18 | (9) The rolling average number of students enrolled | ||||||
| 19 | over the previous 5 academic years. | ||||||
| 20 | (b) The Board of Higher Education shall post the student | ||||||
| 21 | enrollment data reported under subsection (a) on its Internet | ||||||
| 22 | website. | ||||||
| 23 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 24 | Section 655. The Southern Illinois University Management | ||||||
| 25 | Act is amended by changing Section 75 and by setting forth and | ||||||
| |||||||
| |||||||
| 1 | renumbering multiple versions of Section 155 as follows:
| ||||||
| 2 | (110 ILCS 520/75) | ||||||
| 3 | Sec. 75. Employment contract limitations. This Section | ||||||
| 4 | applies to the employment contracts of the president or all | ||||||
| 5 | chancellors of the University entered into, amended, renewed, | ||||||
| 6 | or extended after January 1, 2017 (the effective date of | ||||||
| 7 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 8 | Assembly. This Section does not apply to collective bargaining | ||||||
| 9 | agreements. With respect to employment contracts entered into | ||||||
| 10 | with the president or all chancellors of the University: | ||||||
| 11 | (1) Severance under the contract may not exceed one | ||||||
| 12 | year's year salary and applicable benefits. | ||||||
| 13 | (2) A contract with a determinate start and end date | ||||||
| 14 | may not exceed 4 years. | ||||||
| 15 | (3) The contract may not include any automatic | ||||||
| 16 | rollover clauses. | ||||||
| 17 | (4) Severance payments or contract buyouts may be | ||||||
| 18 | placed in an escrow account if there are pending criminal | ||||||
| 19 | charges against the president or all chancellors of the | ||||||
| 20 | University related to their employment. | ||||||
| 21 | (5) Final action on the formation, renewal, extension, | ||||||
| 22 | or termination of the employment contracts of the | ||||||
| 23 | president or all chancellors of the University must be | ||||||
| 24 | made during an open meeting of the Board. | ||||||
| 25 | (6) Public notice, compliant with the provisions of | ||||||
| |||||||
| |||||||
| 1 | the Open Meetings Act, must be given prior to final action | ||||||
| 2 | on the formation, renewal, extension, or termination of | ||||||
| 3 | the employment contracts of the president or all | ||||||
| 4 | chancellors of the University and must include a copy of | ||||||
| 5 | the Board item or other documentation providing, at a | ||||||
| 6 | minimum, a description of the proposed principal financial | ||||||
| 7 | components of the president's or all chancellors' | ||||||
| 8 | appointments. | ||||||
| 9 | (7) Any performance-based bonus or incentive-based | ||||||
| 10 | compensation to the president or all chancellors of the | ||||||
| 11 | University must be approved by the Board in an open | ||||||
| 12 | meeting. The performance upon which the bonus is based | ||||||
| 13 | must be made available to the public no less than 48 hours | ||||||
| 14 | before Board approval of the performance-based bonus or | ||||||
| 15 | incentive-based compensation. | ||||||
| 16 | (8) Board minutes, board packets, and annual | ||||||
| 17 | performance reviews concerning the president or all | ||||||
| 18 | chancellors of the University must be made available to | ||||||
| 19 | the public on the University's Internet website. | ||||||
| 20 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)
| ||||||
| 21 | (110 ILCS 520/155) | ||||||
| 22 | Sec. 155. Winter weather emergency closure; educational | ||||||
| 23 | support services pay. If a campus is closed due to a city, | ||||||
| 24 | county, or State declaration of a winter weather emergency, | ||||||
| 25 | the Board shall pay to its employees who provide educational | ||||||
| |||||||
| |||||||
| 1 | support services to the campus, including, but not limited to, | ||||||
| 2 | custodial employees, building maintenance employees, | ||||||
| 3 | transportation employees, food service providers, classroom | ||||||
| 4 | assistants, or administrative staff, their daily, regular rate | ||||||
| 5 | of pay and benefits rendered for the campus closure if the | ||||||
| 6 | closure precludes them from performing their regularly | ||||||
| 7 | scheduled duties and the employee would have reported for work | ||||||
| 8 | but for the closure; however, this requirement does not apply | ||||||
| 9 | if the day is rescheduled and the employee will be paid the | ||||||
| 10 | employee's daily, regular rate of pay and benefits for the | ||||||
| 11 | rescheduled day when services are rendered. | ||||||
| 12 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 13 | (110 ILCS 520/160) | ||||||
| 14 | Sec. 160 155. Enrollment reporting. | ||||||
| 15 | (a) The Board shall report to the Board of Higher | ||||||
| 16 | Education by the 15th business day after the start of the | ||||||
| 17 | academic year all of the following student enrollment data: | ||||||
| 18 | (1) The number of students enrolled at the start of | ||||||
| 19 | the previous academic year. | ||||||
| 20 | (2) The number of students enrolled full time at the | ||||||
| 21 | start of the previous academic year. | ||||||
| 22 | (3) The number of students enrolled at the start of | ||||||
| 23 | the current academic year. | ||||||
| 24 | (4) The number of students enrolled full time at the | ||||||
| 25 | start of the current academic year. | ||||||
| |||||||
| |||||||
| 1 | (5) The number of students enrolled in online learning | ||||||
| 2 | at the start of the previous academic year. | ||||||
| 3 | (6) The number of students enrolled in in-person | ||||||
| 4 | learning at the start of the previous academic year. | ||||||
| 5 | (7) The number of students enrolled in online learning | ||||||
| 6 | at the start of the current academic year. | ||||||
| 7 | (8) The number of students enrolled in in-person | ||||||
| 8 | learning at the start of the current academic year. | ||||||
| 9 | (9) The rolling average number of students enrolled | ||||||
| 10 | over the previous 5 academic years. | ||||||
| 11 | (b) The Board of Higher Education shall post the student | ||||||
| 12 | enrollment data reported under subsection (a) on its Internet | ||||||
| 13 | website. | ||||||
| 14 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 15 | Section 660. The Chicago State University Law is amended | ||||||
| 16 | by changing Section 5-185 and by setting forth and renumbering | ||||||
| 17 | multiple versions of Section 5-265 as follows:
| ||||||
| 18 | (110 ILCS 660/5-185) | ||||||
| 19 | Sec. 5-185. Employment contract limitations. This Section | ||||||
| 20 | applies to the employment contracts of the president or all | ||||||
| 21 | chancellors of the University entered into, amended, renewed, | ||||||
| 22 | or extended after January 1, 2017 (the effective date of | ||||||
| 23 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 24 | Assembly. This Section does not apply to collective bargaining | ||||||
| |||||||
| |||||||
| 1 | agreements. With respect to employment contracts entered into | ||||||
| 2 | with the president or all chancellors of the University: | ||||||
| 3 | (1) Severance under the contract may not exceed one | ||||||
| 4 | year's year salary and applicable benefits. | ||||||
| 5 | (2) A contract with a determinate start and end date | ||||||
| 6 | may not exceed 4 years. | ||||||
| 7 | (3) The contract may not include any automatic | ||||||
| 8 | rollover clauses. | ||||||
| 9 | (4) Severance payments or contract buyouts may be | ||||||
| 10 | placed in an escrow account if there are pending criminal | ||||||
| 11 | charges against the president or all chancellors of the | ||||||
| 12 | University related to their employment. | ||||||
| 13 | (5) Final action on the formation, renewal, extension, | ||||||
| 14 | or termination of the employment contracts of the | ||||||
| 15 | president or all chancellors of the University must be | ||||||
| 16 | made during an open meeting of the Board. | ||||||
| 17 | (6) Public notice, compliant with the provisions of | ||||||
| 18 | the Open Meetings Act, must be given prior to final action | ||||||
| 19 | on the formation, renewal, extension, or termination of | ||||||
| 20 | the employment contracts of the president or all | ||||||
| 21 | chancellors of the University and must include a copy of | ||||||
| 22 | the Board item or other documentation providing, at a | ||||||
| 23 | minimum, a description of the proposed principal financial | ||||||
| 24 | components of the president's or all chancellors' | ||||||
| 25 | appointments. | ||||||
| 26 | (7) Any performance-based bonus or incentive-based | ||||||
| |||||||
| |||||||
| 1 | compensation to the president or all chancellors of the | ||||||
| 2 | University must be approved by the Board in an open | ||||||
| 3 | meeting. The performance upon which the bonus is based | ||||||
| 4 | must be made available to the public no less than 48 hours | ||||||
| 5 | before Board approval of the performance-based bonus or | ||||||
| 6 | incentive-based compensation. | ||||||
| 7 | (8) Board minutes, board packets, and annual | ||||||
| 8 | performance reviews concerning the president or all | ||||||
| 9 | chancellors of the University must be made available to | ||||||
| 10 | the public on the University's Internet website. | ||||||
| 11 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)
| ||||||
| 12 | (110 ILCS 660/5-265) | ||||||
| 13 | Sec. 5-265. Winter weather emergency closure; educational | ||||||
| 14 | support services pay. If a campus is closed due to a city, | ||||||
| 15 | county, or State declaration of a winter weather emergency, | ||||||
| 16 | the Board shall pay to its employees who provide educational | ||||||
| 17 | support services to the campus, including, but not limited to, | ||||||
| 18 | custodial employees, building maintenance employees, | ||||||
| 19 | transportation employees, food service providers, classroom | ||||||
| 20 | assistants, or administrative staff, their daily, regular rate | ||||||
| 21 | of pay and benefits rendered for the campus closure if the | ||||||
| 22 | closure precludes them from performing their regularly | ||||||
| 23 | scheduled duties and the employee would have reported for work | ||||||
| 24 | but for the closure; however, this requirement does not apply | ||||||
| 25 | if the day is rescheduled and the employee will be paid the | ||||||
| |||||||
| |||||||
| 1 | employee's daily, regular rate of pay and benefits for the | ||||||
| 2 | rescheduled day when services are rendered. | ||||||
| 3 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 4 | (110 ILCS 660/5-270) | ||||||
| 5 | Sec. 5-270 5-265. Enrollment reporting. | ||||||
| 6 | (a) The Board shall report to the Board of Higher | ||||||
| 7 | Education by the 15th business day after the start of the | ||||||
| 8 | academic year all of the following student enrollment data: | ||||||
| 9 | (1) The number of students enrolled at the start of | ||||||
| 10 | the previous academic year. | ||||||
| 11 | (2) The number of students enrolled full time at the | ||||||
| 12 | start of the previous academic year. | ||||||
| 13 | (3) The number of students enrolled at the start of | ||||||
| 14 | the current academic year. | ||||||
| 15 | (4) The number of students enrolled full time at the | ||||||
| 16 | start of the current academic year. | ||||||
| 17 | (5) The number of students enrolled in online learning | ||||||
| 18 | at the start of the previous academic year. | ||||||
| 19 | (6) The number of students enrolled in in-person | ||||||
| 20 | learning at the start of the previous academic year. | ||||||
| 21 | (7) The number of students enrolled in online learning | ||||||
| 22 | at the start of the current academic year. | ||||||
| 23 | (8) The number of students enrolled in in-person | ||||||
| 24 | learning at the start of the current academic year. | ||||||
| 25 | (9) The rolling average number of students enrolled | ||||||
| |||||||
| |||||||
| 1 | over the previous 5 academic years. | ||||||
| 2 | (b) The Board of Higher Education shall post the student | ||||||
| 3 | enrollment data reported under subsection (a) on its Internet | ||||||
| 4 | website. | ||||||
| 5 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 6 | Section 665. The Eastern Illinois University Law is | ||||||
| 7 | amended by changing Section 10-185 and by setting forth and | ||||||
| 8 | multiple versions of Section 10-270 as follows:
| ||||||
| 9 | (110 ILCS 665/10-185) | ||||||
| 10 | Sec. 10-185. Employment contract limitations. This Section | ||||||
| 11 | applies to the employment contracts of the president or all | ||||||
| 12 | chancellors of the University entered into, amended, renewed, | ||||||
| 13 | or extended after January 1, 2017 (the effective date of | ||||||
| 14 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 15 | Assembly. This Section does not apply to collective bargaining | ||||||
| 16 | agreements. With respect to employment contracts entered into | ||||||
| 17 | with the president or all chancellors of the University: | ||||||
| 18 | (1) Severance under the contract may not exceed one | ||||||
| 19 | year's year salary and applicable benefits. | ||||||
| 20 | (2) A contract with a determinate start and end date | ||||||
| 21 | may not exceed 4 years. | ||||||
| 22 | (3) The contract may not include any automatic | ||||||
| 23 | rollover clauses. | ||||||
| 24 | (4) Severance payments or contract buyouts may be | ||||||
| |||||||
| |||||||
| 1 | placed in an escrow account if there are pending criminal | ||||||
| 2 | charges against the president or all chancellors of the | ||||||
| 3 | University related to their employment. | ||||||
| 4 | (5) Final action on the formation, renewal, extension, | ||||||
| 5 | or termination of the employment contracts of the | ||||||
| 6 | president or all chancellors of the University must be | ||||||
| 7 | made during an open meeting of the Board. | ||||||
| 8 | (6) Public notice, compliant with the provisions of | ||||||
| 9 | the Open Meetings Act, must be given prior to final action | ||||||
| 10 | on the formation, renewal, extension, or termination of | ||||||
| 11 | the employment contracts of the president or all | ||||||
| 12 | chancellors of the University and must include a copy of | ||||||
| 13 | the Board item or other documentation providing, at a | ||||||
| 14 | minimum, a description of the proposed principal financial | ||||||
| 15 | components of the president's or all chancellors' | ||||||
| 16 | appointments. | ||||||
| 17 | (7) Any performance-based bonus or incentive-based | ||||||
| 18 | compensation to the president or all chancellors of the | ||||||
| 19 | University must be approved by the Board in an open | ||||||
| 20 | meeting. The performance upon which the bonus is based | ||||||
| 21 | must be made available to the public no less than 48 hours | ||||||
| 22 | before Board approval of the performance-based bonus or | ||||||
| 23 | incentive-based compensation. | ||||||
| 24 | (8) Board minutes, board packets, and annual | ||||||
| 25 | performance reviews concerning the president or all | ||||||
| 26 | chancellors of the University must be made available to | ||||||
| |||||||
| |||||||
| 1 | the public on the University's Internet website. | ||||||
| 2 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)
| ||||||
| 3 | (110 ILCS 665/10-270) | ||||||
| 4 | Sec. 10-270. Winter weather emergency closure; educational | ||||||
| 5 | support services pay. If a campus is closed due to a city, | ||||||
| 6 | county, or State declaration of a winter weather emergency, | ||||||
| 7 | the Board shall pay to its employees who provide educational | ||||||
| 8 | support services to the campus, including, but not limited to, | ||||||
| 9 | custodial employees, building maintenance employees, | ||||||
| 10 | transportation employees, food service providers, classroom | ||||||
| 11 | assistants, or administrative staff, their daily, regular rate | ||||||
| 12 | of pay and benefits rendered for the campus closure if the | ||||||
| 13 | closure precludes them from performing their regularly | ||||||
| 14 | scheduled duties and the employee would have reported for work | ||||||
| 15 | but for the closure; however, this requirement does not apply | ||||||
| 16 | if the day is rescheduled and the employee will be paid the | ||||||
| 17 | employee's daily, regular rate of pay and benefits for the | ||||||
| 18 | rescheduled day when services are rendered. | ||||||
| 19 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 20 | (110 ILCS 665/10-275) | ||||||
| 21 | Sec. 10-275 10-270. Enrollment reporting. | ||||||
| 22 | (a) The Board shall report to the Board of Higher | ||||||
| 23 | Education by the 15th business day after the start of the | ||||||
| 24 | academic year all of the following student enrollment data: | ||||||
| |||||||
| |||||||
| 1 | (1) The number of students enrolled at the start of | ||||||
| 2 | the previous academic year. | ||||||
| 3 | (2) The number of students enrolled full time at the | ||||||
| 4 | start of the previous academic year. | ||||||
| 5 | (3) The number of students enrolled at the start of | ||||||
| 6 | the current academic year. | ||||||
| 7 | (4) The number of students enrolled full time at the | ||||||
| 8 | start of the current academic year. | ||||||
| 9 | (5) The number of students enrolled in online learning | ||||||
| 10 | at the start of the previous academic year. | ||||||
| 11 | (6) The number of students enrolled in in-person | ||||||
| 12 | learning at the start of the previous academic year. | ||||||
| 13 | (7) The number of students enrolled in online learning | ||||||
| 14 | at the start of the current academic year. | ||||||
| 15 | (8) The number of students enrolled in in-person | ||||||
| 16 | learning at the start of the current academic year. | ||||||
| 17 | (9) The rolling average number of students enrolled | ||||||
| 18 | over the previous 5 academic years. | ||||||
| 19 | (b) The Board of Higher Education shall post the student | ||||||
| 20 | enrollment data reported under subsection (a) on its Internet | ||||||
| 21 | website. | ||||||
| 22 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 23 | Section 670. The Governors State University Law is amended | ||||||
| 24 | by changing Section 15-185 and by setting forth and | ||||||
| 25 | renumbering multiple versions of Section 15-265 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 670/15-185) | ||||||
| 2 | Sec. 15-185. Employment contract limitations. This Section | ||||||
| 3 | applies to the employment contracts of the president or all | ||||||
| 4 | chancellors of the University entered into, amended, renewed, | ||||||
| 5 | or extended after January 1, 2017 (the effective date of | ||||||
| 6 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 7 | Assembly. This Section does not apply to collective bargaining | ||||||
| 8 | agreements. With respect to employment contracts entered into | ||||||
| 9 | with the president or all chancellors of the University: | ||||||
| 10 | (1) Severance under the contract may not exceed one | ||||||
| 11 | year's year salary and applicable benefits. | ||||||
| 12 | (2) A contract with a determinate start and end date | ||||||
| 13 | may not exceed 4 years. | ||||||
| 14 | (3) The contract may not include any automatic | ||||||
| 15 | rollover clauses. | ||||||
| 16 | (4) Severance payments or contract buyouts may be | ||||||
| 17 | placed in an escrow account if there are pending criminal | ||||||
| 18 | charges against the president or all chancellors of the | ||||||
| 19 | University related to their employment. | ||||||
| 20 | (5) Final action on the formation, renewal, extension, | ||||||
| 21 | or termination of the employment contracts of the | ||||||
| 22 | president or all chancellors of the University must be | ||||||
| 23 | made during an open meeting of the Board. | ||||||
| 24 | (6) Public notice, compliant with the provisions of | ||||||
| 25 | the Open Meetings Act, must be given prior to final action | ||||||
| |||||||
| |||||||
| 1 | on the formation, renewal, extension, or termination of | ||||||
| 2 | the employment contracts of the president or all | ||||||
| 3 | chancellors of the University and must include a copy of | ||||||
| 4 | the Board item or other documentation providing, at a | ||||||
| 5 | minimum, a description of the proposed principal financial | ||||||
| 6 | components of the president's or all chancellors' | ||||||
| 7 | appointments. | ||||||
| 8 | (7) Any performance-based bonus or incentive-based | ||||||
| 9 | compensation to the president or all chancellors of the | ||||||
| 10 | University must be approved by the Board in an open | ||||||
| 11 | meeting. The performance upon which the bonus is based | ||||||
| 12 | must be made available to the public no less than 48 hours | ||||||
| 13 | before Board approval of the performance-based bonus or | ||||||
| 14 | incentive-based compensation. | ||||||
| 15 | (8) Board minutes, board packets, and annual | ||||||
| 16 | performance reviews concerning the president or all | ||||||
| 17 | chancellors of the University must be made available to | ||||||
| 18 | the public on the University's Internet website. | ||||||
| 19 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)
| ||||||
| 20 | (110 ILCS 670/15-265) | ||||||
| 21 | Sec. 15-265. Winter weather emergency closure; educational | ||||||
| 22 | support services pay. If a campus is closed due to a city, | ||||||
| 23 | county, or State declaration of a winter weather emergency, | ||||||
| 24 | the Board shall pay to its employees who provide educational | ||||||
| 25 | support services to the campus, including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | custodial employees, building maintenance employees, | ||||||
| 2 | transportation employees, food service providers, classroom | ||||||
| 3 | assistants, or administrative staff, their daily, regular rate | ||||||
| 4 | of pay and benefits rendered for the campus closure if the | ||||||
| 5 | closure precludes them from performing their regularly | ||||||
| 6 | scheduled duties and the employee would have reported for work | ||||||
| 7 | but for the closure; however, this requirement does not apply | ||||||
| 8 | if the day is rescheduled and the employee will be paid the | ||||||
| 9 | employee's daily, regular rate of pay and benefits for the | ||||||
| 10 | rescheduled day when services are rendered. | ||||||
| 11 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 12 | (110 ILCS 670/15-270) | ||||||
| 13 | Sec. 15-270 15-265. Enrollment reporting. | ||||||
| 14 | (a) The Board shall report to the Board of Higher | ||||||
| 15 | Education by the 15th business day after the start of the | ||||||
| 16 | academic year all of the following student enrollment data: | ||||||
| 17 | (1) The number of students enrolled at the start of | ||||||
| 18 | the previous academic year. | ||||||
| 19 | (2) The number of students enrolled full time at the | ||||||
| 20 | start of the previous academic year. | ||||||
| 21 | (3) The number of students enrolled at the start of | ||||||
| 22 | the current academic year. | ||||||
| 23 | (4) The number of students enrolled full time at the | ||||||
| 24 | start of the current academic year. | ||||||
| 25 | (5) The number of students enrolled in online learning | ||||||
| |||||||
| |||||||
| 1 | at the start of the previous academic year. | ||||||
| 2 | (6) The number of students enrolled in in-person | ||||||
| 3 | learning at the start of the previous academic year. | ||||||
| 4 | (7) The number of students enrolled in online learning | ||||||
| 5 | at the start of the current academic year. | ||||||
| 6 | (8) The number of students enrolled in in-person | ||||||
| 7 | learning at the start of the current academic year. | ||||||
| 8 | (9) The rolling average number of students enrolled | ||||||
| 9 | over the previous 5 academic years. | ||||||
| 10 | (b) The Board of Higher Education shall post the student | ||||||
| 11 | enrollment data reported under subsection (a) on its Internet | ||||||
| 12 | website. | ||||||
| 13 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 14 | Section 675. The Illinois State University Law is amended | ||||||
| 15 | by changing Section 20-190 and by setting forth and | ||||||
| 16 | renumbering multiple versions of Section 20-275 as follows:
| ||||||
| 17 | (110 ILCS 675/20-190) | ||||||
| 18 | Sec. 20-190. Employment contract limitations. This Section | ||||||
| 19 | applies to the employment contracts of the president or all | ||||||
| 20 | chancellors of the University entered into, amended, renewed, | ||||||
| 21 | or extended after January 1, 2017 (the effective date of | ||||||
| 22 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 23 | Assembly. This Section does not apply to collective bargaining | ||||||
| 24 | agreements. With respect to employment contracts entered into | ||||||
| |||||||
| |||||||
| 1 | with the president or all chancellors of the University: | ||||||
| 2 | (1) Severance under the contract may not exceed one | ||||||
| 3 | year's year salary and applicable benefits. | ||||||
| 4 | (2) A contract with a determinate start and end date | ||||||
| 5 | may not exceed 4 years. | ||||||
| 6 | (3) The contract may not include any automatic | ||||||
| 7 | rollover clauses. | ||||||
| 8 | (4) Severance payments or contract buyouts may be | ||||||
| 9 | placed in an escrow account if there are pending criminal | ||||||
| 10 | charges against the president or all chancellors of the | ||||||
| 11 | University related to their employment. | ||||||
| 12 | (5) Final action on the formation, renewal, extension, | ||||||
| 13 | or termination of the employment contracts of the | ||||||
| 14 | president or all chancellors of the University must be | ||||||
| 15 | made during an open meeting of the Board. | ||||||
| 16 | (6) Public notice, compliant with the provisions of | ||||||
| 17 | the Open Meetings Act, must be given prior to final action | ||||||
| 18 | on the formation, renewal, extension, or termination of | ||||||
| 19 | the employment contracts of the president or all | ||||||
| 20 | chancellors of the University and must include a copy of | ||||||
| 21 | the Board item or other documentation providing, at a | ||||||
| 22 | minimum, a description of the proposed principal financial | ||||||
| 23 | components of the president's or all chancellors' | ||||||
| 24 | appointments. | ||||||
| 25 | (7) Any performance-based bonus or incentive-based | ||||||
| 26 | compensation to the president or all chancellors of the | ||||||
| |||||||
| |||||||
| 1 | University must be approved by the Board in an open | ||||||
| 2 | meeting. The performance upon which the bonus is based | ||||||
| 3 | must be made available to the public no less than 48 hours | ||||||
| 4 | before Board approval of the performance-based bonus or | ||||||
| 5 | incentive-based compensation. | ||||||
| 6 | (8) Board minutes, board packets, and annual | ||||||
| 7 | performance reviews concerning the president or all | ||||||
| 8 | chancellors of the University must be made available to | ||||||
| 9 | the public on the University's Internet website. | ||||||
| 10 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)
| ||||||
| 11 | (110 ILCS 675/20-275) | ||||||
| 12 | Sec. 20-275. Winter weather emergency closure; educational | ||||||
| 13 | support services pay. If a campus is closed due to a city, | ||||||
| 14 | county, or State declaration of a winter weather emergency, | ||||||
| 15 | the Board shall pay to its employees who provide educational | ||||||
| 16 | support services to the campus, including, but not limited to, | ||||||
| 17 | custodial employees, building maintenance employees, | ||||||
| 18 | transportation employees, food service providers, classroom | ||||||
| 19 | assistants, or administrative staff, their daily, regular rate | ||||||
| 20 | of pay and benefits rendered for the campus closure if the | ||||||
| 21 | closure precludes them from performing their regularly | ||||||
| 22 | scheduled duties and the employee would have reported for work | ||||||
| 23 | but for the closure; however, this requirement does not apply | ||||||
| 24 | if the day is rescheduled and the employee will be paid the | ||||||
| 25 | employee's daily, regular rate of pay and benefits for the | ||||||
| |||||||
| |||||||
| 1 | rescheduled day when services are rendered. | ||||||
| 2 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 3 | (110 ILCS 675/20-280) | ||||||
| 4 | Sec. 20-280 20-275. Enrollment reporting. | ||||||
| 5 | (a) The Board shall report to the Board of Higher | ||||||
| 6 | Education by the 15th business day after the start of the | ||||||
| 7 | academic year all of the following student enrollment data: | ||||||
| 8 | (1) The number of students enrolled at the start of | ||||||
| 9 | the previous academic year. | ||||||
| 10 | (2) The number of students enrolled full time at the | ||||||
| 11 | start of the previous academic year. | ||||||
| 12 | (3) The number of students enrolled at the start of | ||||||
| 13 | the current academic year. | ||||||
| 14 | (4) The number of students enrolled full time at the | ||||||
| 15 | start of the current academic year. | ||||||
| 16 | (5) The number of students enrolled in online learning | ||||||
| 17 | at the start of the previous academic year. | ||||||
| 18 | (6) The number of students enrolled in in-person | ||||||
| 19 | learning at the start of the previous academic year. | ||||||
| 20 | (7) The number of students enrolled in online learning | ||||||
| 21 | at the start of the current academic year. | ||||||
| 22 | (8) The number of students enrolled in in-person | ||||||
| 23 | learning at the start of the current academic year. | ||||||
| 24 | (9) The rolling average number of students enrolled | ||||||
| 25 | over the previous 5 academic years. | ||||||
| |||||||
| |||||||
| 1 | (b) The Board of Higher Education shall post the student | ||||||
| 2 | enrollment data reported under subsection (a) on its Internet | ||||||
| 3 | website. | ||||||
| 4 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 5 | Section 680. The Northeastern Illinois University Law is | ||||||
| 6 | amended by changing Section 25-185 and by setting forth and | ||||||
| 7 | renumbering multiple versions of Section 25-270 as follows:
| ||||||
| 8 | (110 ILCS 680/25-185) | ||||||
| 9 | Sec. 25-185. Employment contract limitations. This Section | ||||||
| 10 | applies to the employment contracts of the president or all | ||||||
| 11 | chancellors of the University entered into, amended, renewed, | ||||||
| 12 | or extended after January 1, 2017 (the effective date of | ||||||
| 13 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 14 | Assembly. This Section does not apply to collective bargaining | ||||||
| 15 | agreements. With respect to employment contracts entered into | ||||||
| 16 | with the president or all chancellors of the University: | ||||||
| 17 | (1) Severance under the contract may not exceed one | ||||||
| 18 | year's year salary and applicable benefits. | ||||||
| 19 | (2) A contract with a determinate start and end date | ||||||
| 20 | may not exceed 4 years. | ||||||
| 21 | (3) The contract may not include any automatic | ||||||
| 22 | rollover clauses. | ||||||
| 23 | (4) Severance payments or contract buyouts may be | ||||||
| 24 | placed in an escrow account if there are pending criminal | ||||||
| |||||||
| |||||||
| 1 | charges against the president or all chancellors of the | ||||||
| 2 | University related to their employment. | ||||||
| 3 | (5) Final action on the formation, renewal, extension, | ||||||
| 4 | or termination of the employment contracts of the | ||||||
| 5 | president or all chancellors of the University must be | ||||||
| 6 | made during an open meeting of the Board. | ||||||
| 7 | (6) Public notice, compliant with the provisions of | ||||||
| 8 | the Open Meetings Act, must be given prior to final action | ||||||
| 9 | on the formation, renewal, extension, or termination of | ||||||
| 10 | the employment contracts of the president or all | ||||||
| 11 | chancellors of the University and must include a copy of | ||||||
| 12 | the Board item or other documentation providing, at a | ||||||
| 13 | minimum, a description of the proposed principal financial | ||||||
| 14 | components of the president's or all chancellors' | ||||||
| 15 | appointments. | ||||||
| 16 | (7) Any performance-based bonus or incentive-based | ||||||
| 17 | compensation to the president or all chancellors of the | ||||||
| 18 | University must be approved by the Board in an open | ||||||
| 19 | meeting. The performance upon which the bonus is based | ||||||
| 20 | must be made available to the public no less than 48 hours | ||||||
| 21 | before Board approval of the performance-based bonus or | ||||||
| 22 | incentive-based compensation. | ||||||
| 23 | (8) Board minutes, board packets, and annual | ||||||
| 24 | performance reviews concerning the president or all | ||||||
| 25 | chancellors of the University must be made available to | ||||||
| 26 | the public on the University's Internet website. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)
| ||||||
| 2 | (110 ILCS 680/25-270) | ||||||
| 3 | Sec. 25-270. Winter weather emergency closure; educational | ||||||
| 4 | support services pay. If a campus is closed due to a city, | ||||||
| 5 | county, or State declaration of a winter weather emergency, | ||||||
| 6 | the Board shall pay to its employees who provide educational | ||||||
| 7 | support services to the campus, including, but not limited to, | ||||||
| 8 | custodial employees, building maintenance employees, | ||||||
| 9 | transportation employees, food service providers, classroom | ||||||
| 10 | assistants, or administrative staff, their daily, regular rate | ||||||
| 11 | of pay and benefits rendered for the campus closure if the | ||||||
| 12 | closure precludes them from performing their regularly | ||||||
| 13 | scheduled duties and the employee would have reported for work | ||||||
| 14 | but for the closure; however, this requirement does not apply | ||||||
| 15 | if the day is rescheduled and the employee will be paid the | ||||||
| 16 | employee's daily, regular rate of pay and benefits for the | ||||||
| 17 | rescheduled day when services are rendered. | ||||||
| 18 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 19 | (110 ILCS 680/25-275) | ||||||
| 20 | Sec. 25-275 25-270. Enrollment reporting. | ||||||
| 21 | (a) The Board shall report to the Board of Higher | ||||||
| 22 | Education by the 15th business day after the start of the | ||||||
| 23 | academic year all of the following student enrollment data: | ||||||
| 24 | (1) The number of students enrolled at the start of | ||||||
| |||||||
| |||||||
| 1 | the previous academic year. | ||||||
| 2 | (2) The number of students enrolled full time at the | ||||||
| 3 | start of the previous academic year. | ||||||
| 4 | (3) The number of students enrolled at the start of | ||||||
| 5 | the current academic year. | ||||||
| 6 | (4) The number of students enrolled full time at the | ||||||
| 7 | start of the current academic year. | ||||||
| 8 | (5) The number of students enrolled in online learning | ||||||
| 9 | at the start of the previous academic year. | ||||||
| 10 | (6) The number of students enrolled in in-person | ||||||
| 11 | learning at the start of the previous academic year. | ||||||
| 12 | (7) The number of students enrolled in online learning | ||||||
| 13 | at the start of the current academic year. | ||||||
| 14 | (8) The number of students enrolled in in-person | ||||||
| 15 | learning at the start of the current academic year. | ||||||
| 16 | (9) The rolling average number of students enrolled | ||||||
| 17 | over the previous 5 academic years. | ||||||
| 18 | (b) The Board of Higher Education shall post the student | ||||||
| 19 | enrollment data reported under subsection (a) on its Internet | ||||||
| 20 | website. | ||||||
| 21 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 22 | Section 685. The Northern Illinois University Law is | ||||||
| 23 | amended by changing Section 30-195 and by setting forth and | ||||||
| 24 | renumbering multiple versions of Section 30-280 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 685/30-195) | ||||||
| 2 | Sec. 30-195. Employment contract limitations. This Section | ||||||
| 3 | applies to the employment contracts of the president or all | ||||||
| 4 | chancellors of the University entered into, amended, renewed, | ||||||
| 5 | or extended after January 1, 2017 (the effective date of | ||||||
| 6 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 7 | Assembly. This Section does not apply to collective bargaining | ||||||
| 8 | agreements. With respect to employment contracts entered into | ||||||
| 9 | with the president or all chancellors of the University: | ||||||
| 10 | (1) Severance under the contract may not exceed one | ||||||
| 11 | year's year salary and applicable benefits. | ||||||
| 12 | (2) A contract with a determinate start and end date | ||||||
| 13 | may not exceed 4 years. | ||||||
| 14 | (3) The contract may not include any automatic | ||||||
| 15 | rollover clauses. | ||||||
| 16 | (4) Severance payments or contract buyouts may be | ||||||
| 17 | placed in an escrow account if there are pending criminal | ||||||
| 18 | charges against the president or all chancellors of the | ||||||
| 19 | University related to their employment. | ||||||
| 20 | (5) Final action on the formation, renewal, extension, | ||||||
| 21 | or termination of the employment contracts of the | ||||||
| 22 | president or all chancellors of the University must be | ||||||
| 23 | made during an open meeting of the Board. | ||||||
| 24 | (6) Public notice, compliant with the provisions of | ||||||
| 25 | the Open Meetings Act, must be given prior to final action | ||||||
| 26 | on the formation, renewal, extension, or termination of | ||||||
| |||||||
| |||||||
| 1 | the employment contracts of the president or all | ||||||
| 2 | chancellors of the University and must include a copy of | ||||||
| 3 | the Board item or other documentation providing, at a | ||||||
| 4 | minimum, a description of the proposed principal financial | ||||||
| 5 | components of the president's or all chancellors' | ||||||
| 6 | appointments. | ||||||
| 7 | (7) Any performance-based bonus or incentive-based | ||||||
| 8 | compensation to the president or all chancellors of the | ||||||
| 9 | University must be approved by the Board in an open | ||||||
| 10 | meeting. The performance upon which the bonus is based | ||||||
| 11 | must be made available to the public no less than 48 hours | ||||||
| 12 | before Board approval of the performance-based bonus or | ||||||
| 13 | incentive-based compensation. | ||||||
| 14 | (8) Board minutes, board packets, and annual | ||||||
| 15 | performance reviews concerning the president or all | ||||||
| 16 | chancellors of the University must be made available to | ||||||
| 17 | the public on the University's Internet website. | ||||||
| 18 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)
| ||||||
| 19 | (110 ILCS 685/30-280) | ||||||
| 20 | Sec. 30-280. Winter weather emergency closure; educational | ||||||
| 21 | support services pay. If a campus is closed due to a city, | ||||||
| 22 | county, or State declaration of a winter weather emergency, | ||||||
| 23 | the Board shall pay to its employees who provide educational | ||||||
| 24 | support services to the campus, including, but not limited to, | ||||||
| 25 | custodial employees, building maintenance employees, | ||||||
| |||||||
| |||||||
| 1 | transportation employees, food service providers, classroom | ||||||
| 2 | assistants, or administrative staff, their daily, regular rate | ||||||
| 3 | of pay and benefits rendered for the campus closure if the | ||||||
| 4 | closure precludes them from performing their regularly | ||||||
| 5 | scheduled duties and the employee would have reported for work | ||||||
| 6 | but for the closure; however, this requirement does not apply | ||||||
| 7 | if the day is rescheduled and the employee will be paid the | ||||||
| 8 | employee's daily, regular rate of pay and benefits for the | ||||||
| 9 | rescheduled day when services are rendered. | ||||||
| 10 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 11 | (110 ILCS 685/30-285) | ||||||
| 12 | Sec. 30-285 30-280. Enrollment reporting. | ||||||
| 13 | (a) The Board shall report to the Board of Higher | ||||||
| 14 | Education by the 15th business day after the start of the | ||||||
| 15 | academic year all of the following student enrollment data: | ||||||
| 16 | (1) The number of students enrolled at the start of | ||||||
| 17 | the previous academic year. | ||||||
| 18 | (2) The number of students enrolled full time at the | ||||||
| 19 | start of the previous academic year. | ||||||
| 20 | (3) The number of students enrolled at the start of | ||||||
| 21 | the current academic year. | ||||||
| 22 | (4) The number of students enrolled full time at the | ||||||
| 23 | start of the current academic year. | ||||||
| 24 | (5) The number of students enrolled in online learning | ||||||
| 25 | at the start of the previous academic year. | ||||||
| |||||||
| |||||||
| 1 | (6) The number of students enrolled in in-person | ||||||
| 2 | learning at the start of the previous academic year. | ||||||
| 3 | (7) The number of students enrolled in online learning | ||||||
| 4 | at the start of the current academic year. | ||||||
| 5 | (8) The number of students enrolled in in-person | ||||||
| 6 | learning at the start of the current academic year. | ||||||
| 7 | (9) The rolling average number of students enrolled | ||||||
| 8 | over the previous 5 academic years. | ||||||
| 9 | (b) The Board of Higher Education shall post the student | ||||||
| 10 | enrollment data reported under subsection (a) on its Internet | ||||||
| 11 | website. | ||||||
| 12 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 13 | Section 690. The Western Illinois University Law is | ||||||
| 14 | amended by changing Sections 35-115 and 35-190 and by setting | ||||||
| 15 | forth and renumbering multiple versions of Section 35-275 as | ||||||
| 16 | follows:
| ||||||
| 17 | (110 ILCS 690/35-115) | ||||||
| 18 | Sec. 35-115. Television station. | ||||||
| 19 | (a) The Board of Western Illinois University is | ||||||
| 20 | authorized, under applicable permit and license of the Federal | ||||||
| 21 | Communications Communication Commission, to construct and | ||||||
| 22 | operate an educational television station at or near Macomb, | ||||||
| 23 | Illinois with a translator at or near Moline, Illinois. | ||||||
| 24 | (b) The Board may apply on behalf of Western Illinois | ||||||
| |||||||
| |||||||
| 1 | University to the Department of Health, Education and Welfare | ||||||
| 2 | for funds, as authorized under the Educational Television | ||||||
| 3 | Facilities Act of 1962, to assist in the development of the | ||||||
| 4 | educational television program authorized in subsection (a). | ||||||
| 5 | (Source: P.A. 89-4, eff. 1-1-96; revised 10-23-24.)
| ||||||
| 6 | (110 ILCS 690/35-190) | ||||||
| 7 | Sec. 35-190. Employment contract limitations. This Section | ||||||
| 8 | applies to the employment contracts of the president or all | ||||||
| 9 | chancellors of the University entered into, amended, renewed, | ||||||
| 10 | or extended after January 1, 2017 (the effective date of | ||||||
| 11 | Public Act 99-694) this amendatory Act of the 99th General | ||||||
| 12 | Assembly. This Section does not apply to collective bargaining | ||||||
| 13 | agreements. With respect to employment contracts entered into | ||||||
| 14 | with the president or all chancellors of the University: | ||||||
| 15 | (1) Severance under the contract may not exceed one | ||||||
| 16 | year's year salary and applicable benefits. | ||||||
| 17 | (2) A contract with a determinate start and end date | ||||||
| 18 | may not exceed 4 years. | ||||||
| 19 | (3) The contract may not include any automatic | ||||||
| 20 | rollover clauses. | ||||||
| 21 | (4) Severance payments or contract buyouts may be | ||||||
| 22 | placed in an escrow account if there are pending criminal | ||||||
| 23 | charges against the president or all chancellors of the | ||||||
| 24 | University related to their employment. | ||||||
| 25 | (5) Final action on the formation, renewal, extension, | ||||||
| |||||||
| |||||||
| 1 | or termination of the employment contracts of the | ||||||
| 2 | president or all chancellors of the University must be | ||||||
| 3 | made during an open meeting of the Board. | ||||||
| 4 | (6) Public notice, compliant with the provisions of | ||||||
| 5 | the Open Meetings Act, must be given prior to final action | ||||||
| 6 | on the formation, renewal, extension, or termination of | ||||||
| 7 | the employment contracts of the president or all | ||||||
| 8 | chancellors of the University and must include a copy of | ||||||
| 9 | the Board item or other documentation providing, at a | ||||||
| 10 | minimum, a description of the proposed principal financial | ||||||
| 11 | components of the president's or all chancellors' | ||||||
| 12 | appointments. | ||||||
| 13 | (7) Any performance-based bonus or incentive-based | ||||||
| 14 | compensation to the president or all chancellors of the | ||||||
| 15 | University must be approved by the Board in an open | ||||||
| 16 | meeting. The performance upon which the bonus is based | ||||||
| 17 | must be made available to the public no less than 48 hours | ||||||
| 18 | before Board approval of the performance-based bonus or | ||||||
| 19 | incentive-based compensation. | ||||||
| 20 | (8) Board minutes, board packets, and annual | ||||||
| 21 | performance reviews concerning the president or all | ||||||
| 22 | chancellors of the University must be made available to | ||||||
| 23 | the public on the University's Internet website. | ||||||
| 24 | (Source: P.A. 99-694, eff. 1-1-17; revised 7-19-24.)
| ||||||
| 25 | (110 ILCS 690/35-275) | ||||||
| |||||||
| |||||||
| 1 | Sec. 35-275. Winter weather emergency closure; educational | ||||||
| 2 | support services pay. If a campus is closed due to a city, | ||||||
| 3 | county, or State declaration of a winter weather emergency, | ||||||
| 4 | the Board shall pay to its employees who provide educational | ||||||
| 5 | support services to the campus, including, but not limited to, | ||||||
| 6 | custodial employees, building maintenance employees, | ||||||
| 7 | transportation employees, food service providers, classroom | ||||||
| 8 | assistants, or administrative staff, their daily, regular rate | ||||||
| 9 | of pay and benefits rendered for the campus closure if the | ||||||
| 10 | closure precludes them from performing their regularly | ||||||
| 11 | scheduled duties and the employee would have reported for work | ||||||
| 12 | but for the closure; however, this requirement does not apply | ||||||
| 13 | if the day is rescheduled and the employee will be paid the | ||||||
| 14 | employee's daily, regular rate of pay and benefits for the | ||||||
| 15 | rescheduled day when services are rendered. | ||||||
| 16 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 17 | (110 ILCS 690/35-280) | ||||||
| 18 | Sec. 35-280 35-275. Enrollment reporting. | ||||||
| 19 | (a) The Board shall report to the Board of Higher | ||||||
| 20 | Education by the 15th business day after the start of the | ||||||
| 21 | academic year all of the following student enrollment data: | ||||||
| 22 | (1) The number of students enrolled at the start of | ||||||
| 23 | the previous academic year. | ||||||
| 24 | (2) The number of students enrolled full time at the | ||||||
| 25 | start of the previous academic year. | ||||||
| |||||||
| |||||||
| 1 | (3) The number of students enrolled at the start of | ||||||
| 2 | the current academic year. | ||||||
| 3 | (4) The number of students enrolled full time at the | ||||||
| 4 | start of the current academic year. | ||||||
| 5 | (5) The number of students enrolled in online learning | ||||||
| 6 | at the start of the previous academic year. | ||||||
| 7 | (6) The number of students enrolled in in-person | ||||||
| 8 | learning at the start of the previous academic year. | ||||||
| 9 | (7) The number of students enrolled in online learning | ||||||
| 10 | at the start of the current academic year. | ||||||
| 11 | (8) The number of students enrolled in in-person | ||||||
| 12 | learning at the start of the current academic year. | ||||||
| 13 | (9) The rolling average number of students enrolled | ||||||
| 14 | over the previous 5 academic years. | ||||||
| 15 | (b) The Board of Higher Education shall post the student | ||||||
| 16 | enrollment data reported under subsection (a) on its Internet | ||||||
| 17 | website. | ||||||
| 18 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 19 | Section 695. The Public Community College Act is amended | ||||||
| 20 | by changing Sections 3-20.3.01 and 3-65 and by setting forth | ||||||
| 21 | and renumbering multiple versions of Section 3-29.26 as | ||||||
| 22 | follows:
| ||||||
| 23 | (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01) | ||||||
| 24 | Sec. 3-20.3.01. Whenever, as a result of any lawful order | ||||||
| |||||||
| |||||||
| 1 | of any agency, other than a local community college board, | ||||||
| 2 | having authority to enforce any law or regulation designed for | ||||||
| 3 | the protection, health, or safety of community college | ||||||
| 4 | students, employees, or visitors, or any law or regulation for | ||||||
| 5 | the protection and safety of the environment, pursuant to the | ||||||
| 6 | "Environmental Protection Act", any local community college | ||||||
| 7 | district, including any district to which Article VII of this | ||||||
| 8 | Act applies, is required to alter or repair any physical | ||||||
| 9 | facilities, or whenever any district determines that it is | ||||||
| 10 | necessary for energy conservation, health, or safety, | ||||||
| 11 | environmental protection or accessibility purposes that any | ||||||
| 12 | physical facilities should be altered or repaired and that | ||||||
| 13 | such alterations or repairs will be made with funds not | ||||||
| 14 | necessary for the completion of approved and recommended | ||||||
| 15 | projects for fire prevention and safety, or whenever after | ||||||
| 16 | September 11, 1984 (the effective date of Public Act 83-1366) | ||||||
| 17 | this amendatory Act of 1984 any district, including any | ||||||
| 18 | district to which Article VII applies, provides for | ||||||
| 19 | alterations or repairs determined by the local community | ||||||
| 20 | college board to be necessary for health and safety, | ||||||
| 21 | environmental protection, accessibility or energy conservation | ||||||
| 22 | purposes, such district may, by proper resolution which | ||||||
| 23 | specifically identifies the project and which is adopted | ||||||
| 24 | pursuant to the provisions of the Open Meetings Act, levy a tax | ||||||
| 25 | for the purpose of paying for such alterations or repairs, or | ||||||
| 26 | survey by a licensed architect or engineer, upon the equalized | ||||||
| |||||||
| |||||||
| 1 | assessed value of all the taxable property of the district at a | ||||||
| 2 | rate not to exceed .05% per year for a period sufficient to | ||||||
| 3 | finance such alterations or repairs, upon the following | ||||||
| 4 | conditions: | ||||||
| 5 | (a) When in the judgment of the local community | ||||||
| 6 | college board of trustees there are not sufficient funds | ||||||
| 7 | available in the operations and maintenance fund of the | ||||||
| 8 | district to permanently pay for such alterations or | ||||||
| 9 | repairs so ordered, determined as necessary. | ||||||
| 10 | (b) When a certified estimate of a licensed architect | ||||||
| 11 | or engineer stating the estimated amount that is necessary | ||||||
| 12 | to make the alterations or repairs so ordered or | ||||||
| 13 | determined as necessary has been secured by the local | ||||||
| 14 | community college district. | ||||||
| 15 | The filing of a certified copy of the resolution or | ||||||
| 16 | ordinance levying the tax shall be the authority of the county | ||||||
| 17 | clerk or clerks to extend such tax; provided, however, that in | ||||||
| 18 | no event shall the extension for the current and preceding | ||||||
| 19 | years, if any, under this Section be greater than the amount so | ||||||
| 20 | approved, and interest on bonds issued pursuant to this | ||||||
| 21 | Section and in the event such current extension and preceding | ||||||
| 22 | extensions exceed such approval and interest, it shall be | ||||||
| 23 | reduced proportionately. | ||||||
| 24 | The county clerk of each of the counties in which any | ||||||
| 25 | community college district levying a tax under the authority | ||||||
| 26 | of this Section is located, in reducing raised levies, shall | ||||||
| |||||||
| |||||||
| 1 | not consider any such tax as a part of the general levy for | ||||||
| 2 | community college purposes and shall not include the same in | ||||||
| 3 | the limitation of any other tax rate which may be extended. | ||||||
| 4 | Such tax shall be levied and collected in like manner as all | ||||||
| 5 | other taxes of community college districts. | ||||||
| 6 | The tax rate limit hereinabove specified in this Section | ||||||
| 7 | may be increased to .10% upon the approval of a proposition to | ||||||
| 8 | effect such increase by a majority of the electors voting on | ||||||
| 9 | that proposition at a regular scheduled election. Such | ||||||
| 10 | proposition may be initiated by resolution of the local | ||||||
| 11 | community college board and shall be certified by the | ||||||
| 12 | secretary of the local community college board to the proper | ||||||
| 13 | election authorities for submission in accordance with the | ||||||
| 14 | general election law. | ||||||
| 15 | Each local community college district authorized to levy | ||||||
| 16 | any tax pursuant to this Section may also or in the alternative | ||||||
| 17 | by proper resolution or ordinance borrow money for such | ||||||
| 18 | specifically identified purposes not in excess of $4,500,000 | ||||||
| 19 | in the aggregate at any one time when in the judgment of the | ||||||
| 20 | local community college board of trustees there are not | ||||||
| 21 | sufficient funds available in the operations and maintenance | ||||||
| 22 | fund of the district to permanently pay for such alterations | ||||||
| 23 | or repairs so ordered or determined as necessary and a | ||||||
| 24 | certified estimate of a licensed architect or engineer stating | ||||||
| 25 | the estimated amount has been secured by the local community | ||||||
| 26 | college district, and as evidence of such indebtedness may | ||||||
| |||||||
| |||||||
| 1 | issue bonds without referendum. However, Community College | ||||||
| 2 | District No. 522 and Community College District No. 536 may or | ||||||
| 3 | in the alternative by proper resolution or ordinance borrow | ||||||
| 4 | money for such specifically identified purposes not in excess | ||||||
| 5 | of $20,000,000 in the aggregate at any one time when in the | ||||||
| 6 | judgment of the community college board of trustees there are | ||||||
| 7 | not sufficient funds available in the operations and | ||||||
| 8 | maintenance fund of the district to permanently pay for such | ||||||
| 9 | alterations or repairs so ordered or determined as necessary | ||||||
| 10 | and a certified estimate of a licensed architect or engineer | ||||||
| 11 | stating the estimated amount has been secured by the community | ||||||
| 12 | college district, and as evidence of such indebtedness may | ||||||
| 13 | issue bonds without referendum. Such bonds shall bear interest | ||||||
| 14 | at a rate or rates authorized by the Bond Authorization Act "An | ||||||
| 15 | Act to authorize public corporations to issue bonds, other | ||||||
| 16 | evidences of indebtedness and tax anticipation warrants | ||||||
| 17 | subject to interest rate limitations set forth therein", | ||||||
| 18 | approved May 26, 1970, as now or hereafter amended, shall | ||||||
| 19 | mature within 20 years from date, and shall be signed by the | ||||||
| 20 | chairman, secretary, and treasurer of the local community | ||||||
| 21 | college board. | ||||||
| 22 | In order to authorize and issue such bonds the local | ||||||
| 23 | community college board shall adopt a resolution fixing the | ||||||
| 24 | amount of bonds, the date thereof, the maturities thereof and | ||||||
| 25 | rates of interest thereof, and the board by such resolution, | ||||||
| 26 | or in a district to which Article VII applies the city council | ||||||
| |||||||
| |||||||
| 1 | upon demand and under the direction of the board by ordinance, | ||||||
| 2 | shall provide for the levy and collection of a direct annual | ||||||
| 3 | tax upon all the taxable property in the local community | ||||||
| 4 | college district sufficient to pay the principal and interest | ||||||
| 5 | on such bonds to maturity. Upon the filing in the office of the | ||||||
| 6 | county clerk of each of the counties in which the community | ||||||
| 7 | college district is located of a certified copy of such | ||||||
| 8 | resolution or ordinance it is the duty of the county clerk or | ||||||
| 9 | clerks to extend the tax therefor without limit as to rate or | ||||||
| 10 | amount and in addition to and in excess of all other taxes | ||||||
| 11 | heretofore or hereafter authorized to be levied by such | ||||||
| 12 | community college district. | ||||||
| 13 | The State Board shall set through administrative rule | ||||||
| 14 | regulations and specifications for minimum requirements for | ||||||
| 15 | the construction, remodeling, or rehabilitation of heating, | ||||||
| 16 | ventilating, air conditioning, lighting, seating, water | ||||||
| 17 | supply, toilet, accessibility, fire safety, and any other | ||||||
| 18 | matter that will conserve, preserve, or provide for the | ||||||
| 19 | protection and the health or safety of individuals in or on | ||||||
| 20 | community college property and will conserve the integrity of | ||||||
| 21 | the physical facilities of the district. | ||||||
| 22 | This Section is cumulative and constitutes complete | ||||||
| 23 | authority for the issuance of bonds as provided in this | ||||||
| 24 | Section notwithstanding any other statute or law to the | ||||||
| 25 | contrary. | ||||||
| 26 | (Source: P.A. 99-143, eff. 7-27-15; 99-655, eff. 7-28-16; | ||||||
| |||||||
| |||||||
| 1 | revised 7-19-24.)
| ||||||
| 2 | (110 ILCS 805/3-29.26) | ||||||
| 3 | Sec. 3-29.26. Winter weather emergency closure; | ||||||
| 4 | educational support services pay. If a campus is closed due to | ||||||
| 5 | a city, county, or State declaration of a winter weather | ||||||
| 6 | emergency, the board shall pay to its employees who provide | ||||||
| 7 | educational support services to the campus, including, but not | ||||||
| 8 | limited to, custodial employees, building maintenance | ||||||
| 9 | employees, transportation employees, food service providers, | ||||||
| 10 | classroom assistants, or administrative staff, their daily, | ||||||
| 11 | regular rate of pay and benefits rendered for the campus | ||||||
| 12 | closure if the closure precludes them from performing their | ||||||
| 13 | regularly scheduled duties and the employee would have | ||||||
| 14 | reported for work but for the closure; however, this | ||||||
| 15 | requirement does not apply if the day is rescheduled and the | ||||||
| 16 | employee will be paid the employee's daily, regular rate of | ||||||
| 17 | pay and benefits for the rescheduled day when services are | ||||||
| 18 | rendered. | ||||||
| 19 | (Source: P.A. 103-749, eff. 1-1-25.)
| ||||||
| 20 | (110 ILCS 805/3-29.27) | ||||||
| 21 | Sec. 3-29.27 3-29.26. Enrollment reporting. | ||||||
| 22 | (a) Annually, on or before October 1, each board shall | ||||||
| 23 | report to the State Board all of the following student | ||||||
| 24 | enrollment data: | ||||||
| |||||||
| |||||||
| 1 | (1) The number of students enrolled at the start of | ||||||
| 2 | the previous academic year. | ||||||
| 3 | (2) The number of students enrolled full time at the | ||||||
| 4 | start of the previous academic year. | ||||||
| 5 | (3) The number of students enrolled at the start of | ||||||
| 6 | the current academic year. | ||||||
| 7 | (4) The number of students enrolled full time at the | ||||||
| 8 | start of the current academic year. | ||||||
| 9 | (5) The number of students enrolled in online learning | ||||||
| 10 | at the start of the previous academic year. | ||||||
| 11 | (6) The number of students enrolled in in-person | ||||||
| 12 | learning at the start of the previous academic year. | ||||||
| 13 | (7) The number of students enrolled in online learning | ||||||
| 14 | at the start of the current academic year. | ||||||
| 15 | (8) The number of students enrolled in in-person | ||||||
| 16 | learning at the start of the current academic year. | ||||||
| 17 | (9) The rolling average number of students enrolled | ||||||
| 18 | over the previous 5 academic years. | ||||||
| 19 | (b) The State Board shall post the student enrollment data | ||||||
| 20 | reported under subsection (a) on its Internet website. | ||||||
| 21 | (Source: P.A. 103-1020, eff. 8-9-24; revised 9-24-24.)
| ||||||
| 22 | (110 ILCS 805/3-65) | ||||||
| 23 | Sec. 3-65. Employment contract limitations. | ||||||
| 24 | (a) This Section applies to employment contracts entered | ||||||
| 25 | into, amended, renewed, or extended after September 22, 2015 | ||||||
| |||||||
| |||||||
| 1 | (the effective date of Public Act 99-482) this amendatory Act | ||||||
| 2 | of the 99th General Assembly. This Section does not apply to | ||||||
| 3 | collective bargaining agreements. | ||||||
| 4 | (b) The following apply to any employment contract entered | ||||||
| 5 | into with an employee of the community college district: | ||||||
| 6 | (1) Severance under the contract may not exceed one | ||||||
| 7 | year's year salary and applicable benefits. | ||||||
| 8 | (2) A contract with a determinate start and end date | ||||||
| 9 | may not exceed 4 years. | ||||||
| 10 | (3) The contract may not include any automatic | ||||||
| 11 | rollover clauses, and all renewals or extensions of | ||||||
| 12 | contracts must be made during an open meeting of the | ||||||
| 13 | board. | ||||||
| 14 | (4) Public notice, in a form as determined by the | ||||||
| 15 | State Board, must be given of an employment contract | ||||||
| 16 | entered into, amended, renewed, or extended and must | ||||||
| 17 | include a complete description of the action to be taken, | ||||||
| 18 | as well the contract itself, including all addendums or | ||||||
| 19 | any other documents that change an initial contract. | ||||||
| 20 | (Source: P.A. 99-482, eff. 9-22-15; revised 7-19-24.)
| ||||||
| 21 | Section 700. The Higher Education Student Assistance Act | ||||||
| 22 | is amended by changing Sections 50 and 52 and by setting forth | ||||||
| 23 | and renumbering multiple versions of Section 65.125 as | ||||||
| 24 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (110 ILCS 947/50) | ||||||
| 2 | Sec. 50. Minority Teachers of Illinois scholarship | ||||||
| 3 | program. | ||||||
| 4 | (a) As used in this Section: | ||||||
| 5 | "Eligible applicant" means a minority student who has | ||||||
| 6 | graduated from high school or has received a State of | ||||||
| 7 | Illinois High School Diploma and has maintained a | ||||||
| 8 | cumulative grade point average of no less than 2.5 on a 4.0 | ||||||
| 9 | scale, and who by reason thereof is entitled to apply for | ||||||
| 10 | scholarships to be awarded under this Section. | ||||||
| 11 | "Minority student" means a student who is any of the | ||||||
| 12 | following: | ||||||
| 13 | (1) American Indian or Alaska Native (a person | ||||||
| 14 | having origins in any of the original peoples of North | ||||||
| 15 | and South America, including Central America, and who | ||||||
| 16 | maintains tribal affiliation or community attachment). | ||||||
| 17 | (2) Asian (a person having origins in any of the | ||||||
| 18 | original peoples of the Far East, Southeast Asia, or | ||||||
| 19 | the Indian subcontinent, including, but not limited | ||||||
| 20 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
| 21 | Pakistan, the Philippine Islands, Thailand, and | ||||||
| 22 | Vietnam). | ||||||
| 23 | (3) Black or African American (a person having | ||||||
| 24 | origins in any of the black racial groups of Africa). | ||||||
| 25 | (4) Hispanic or Latino (a person of Cuban, | ||||||
| 26 | Mexican, Puerto Rican, South or Central American, or | ||||||
| |||||||
| |||||||
| 1 | other Spanish culture or origin, regardless of race). | ||||||
| 2 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
| 3 | person having origins in any of the original peoples | ||||||
| 4 | of Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
| 5 | "Qualified bilingual minority applicant" means a | ||||||
| 6 | qualified student who demonstrates proficiency in a | ||||||
| 7 | language other than English by (i) receiving a State Seal | ||||||
| 8 | of Biliteracy from the State Board of Education or (ii) | ||||||
| 9 | receiving a passing score on an educator licensure target | ||||||
| 10 | language proficiency test. | ||||||
| 11 | "Qualified student" means a person (i) who is a | ||||||
| 12 | resident of this State and a citizen or permanent resident | ||||||
| 13 | of the United States; (ii) who is a minority student, as | ||||||
| 14 | defined in this Section; (iii) who, as an eligible | ||||||
| 15 | applicant, has made a timely application for a minority | ||||||
| 16 | teaching scholarship under this Section; (iv) who is | ||||||
| 17 | enrolled on at least a half-time basis at a qualified | ||||||
| 18 | Illinois institution of higher learning; (v) who is | ||||||
| 19 | enrolled in a course of study leading to teacher | ||||||
| 20 | licensure, including alternative teacher licensure, or, if | ||||||
| 21 | the student is already licensed to teach, in a course of | ||||||
| 22 | study leading to an additional teaching endorsement or a | ||||||
| 23 | master's degree in an academic field in which he or she is | ||||||
| 24 | teaching or plans to teach or who has received one or more | ||||||
| 25 | College and Career Pathway Endorsements pursuant to | ||||||
| 26 | Section 80 of the Postsecondary and Workforce Readiness | ||||||
| |||||||
| |||||||
| 1 | Act and commits to enrolling in a course of study leading | ||||||
| 2 | to teacher licensure, including alternative teacher | ||||||
| 3 | licensure; (vi) who maintains a grade point average of no | ||||||
| 4 | less than 2.5 on a 4.0 scale; and (vii) who continues to | ||||||
| 5 | advance satisfactorily toward the attainment of a degree. | ||||||
| 6 | (b) In order to encourage academically talented Illinois | ||||||
| 7 | minority students to pursue teaching careers at the preschool | ||||||
| 8 | or elementary or secondary school level and to address and | ||||||
| 9 | alleviate the teacher shortage crisis in this State described | ||||||
| 10 | under the provisions of the Transitions in Education Act, each | ||||||
| 11 | qualified student shall be awarded a minority teacher | ||||||
| 12 | scholarship to any qualified Illinois institution of higher | ||||||
| 13 | learning. However, preference may be given to qualified | ||||||
| 14 | applicants enrolled at or above the junior level. | ||||||
| 15 | (c) Each minority teacher scholarship awarded under this | ||||||
| 16 | Section shall be in an amount sufficient to pay the tuition and | ||||||
| 17 | fees and room and board costs of the qualified Illinois | ||||||
| 18 | institution of higher learning at which the recipient is | ||||||
| 19 | enrolled, up to an annual maximum of $5,000; except that in the | ||||||
| 20 | case of a recipient who does not reside on-campus at the | ||||||
| 21 | institution at which he or she is enrolled, the amount of the | ||||||
| 22 | scholarship shall be sufficient to pay tuition and fee | ||||||
| 23 | expenses and a commuter allowance, up to an annual maximum of | ||||||
| 24 | $5,000. However, if at least $2,850,000 is appropriated in a | ||||||
| 25 | given fiscal year for the Minority Teachers of Illinois | ||||||
| 26 | scholarship program, then, in each fiscal year thereafter, | ||||||
| |||||||
| |||||||
| 1 | each scholarship awarded under this Section shall be in an | ||||||
| 2 | amount sufficient to pay the tuition and fees and room and | ||||||
| 3 | board costs of the qualified Illinois institution of higher | ||||||
| 4 | learning at which the recipient is enrolled, up to an annual | ||||||
| 5 | maximum of $7,500; except that in the case of a recipient who | ||||||
| 6 | does not reside on-campus at the institution at which he or she | ||||||
| 7 | is enrolled, the amount of the scholarship shall be sufficient | ||||||
| 8 | to pay tuition and fee expenses and a commuter allowance, up to | ||||||
| 9 | an annual maximum of $7,500. | ||||||
| 10 | (d) The total amount of minority teacher scholarship | ||||||
| 11 | assistance awarded by the Commission under this Section to an | ||||||
| 12 | individual in any given fiscal year, when added to other | ||||||
| 13 | financial assistance awarded to that individual for that year, | ||||||
| 14 | shall not exceed the cost of attendance at the institution at | ||||||
| 15 | which the student is enrolled. If the amount of a minority | ||||||
| 16 | teacher scholarship to be awarded to a qualified student as | ||||||
| 17 | provided in subsection (c) of this Section exceeds the cost of | ||||||
| 18 | attendance at the institution at which the student is | ||||||
| 19 | enrolled, the minority teacher scholarship shall be reduced by | ||||||
| 20 | an amount equal to the amount by which the combined financial | ||||||
| 21 | assistance available to the student exceeds the cost of | ||||||
| 22 | attendance. | ||||||
| 23 | (e) The maximum number of academic terms for which a | ||||||
| 24 | qualified student can receive minority teacher scholarship | ||||||
| 25 | assistance shall be 8 semesters or 12 quarters. | ||||||
| 26 | (f) In any academic year for which an eligible applicant | ||||||
| |||||||
| |||||||
| 1 | under this Section accepts financial assistance through the | ||||||
| 2 | Paul Douglas Teacher Scholarship Program, as authorized by | ||||||
| 3 | Section 551 et seq. of the Higher Education Act of 1965, the | ||||||
| 4 | applicant shall not be eligible for scholarship assistance | ||||||
| 5 | awarded under this Section. | ||||||
| 6 | (g) All applications for minority teacher scholarships to | ||||||
| 7 | be awarded under this Section shall be made to the Commission | ||||||
| 8 | on forms which the Commission shall provide for eligible | ||||||
| 9 | applicants. The form of applications and the information | ||||||
| 10 | required to be set forth therein shall be determined by the | ||||||
| 11 | Commission, and the Commission shall require eligible | ||||||
| 12 | applicants to submit with their applications such supporting | ||||||
| 13 | documents or recommendations as the Commission deems | ||||||
| 14 | necessary. | ||||||
| 15 | (h) Subject to a separate appropriation for such purposes, | ||||||
| 16 | payment of any minority teacher scholarship awarded under this | ||||||
| 17 | Section shall be determined by the Commission. All scholarship | ||||||
| 18 | funds distributed in accordance with this subsection shall be | ||||||
| 19 | paid to the institution and used only for payment of the | ||||||
| 20 | tuition and fee and room and board expenses incurred by the | ||||||
| 21 | student in connection with his or her attendance at a | ||||||
| 22 | qualified Illinois institution of higher learning. Any | ||||||
| 23 | minority teacher scholarship awarded under this Section shall | ||||||
| 24 | be applicable to 2 semesters or 3 quarters of enrollment. If a | ||||||
| 25 | qualified student withdraws from enrollment prior to | ||||||
| 26 | completion of the first semester or quarter for which the | ||||||
| |||||||
| |||||||
| 1 | minority teacher scholarship is applicable, the school shall | ||||||
| 2 | refund to the Commission the full amount of the minority | ||||||
| 3 | teacher scholarship. | ||||||
| 4 | (i) The Commission shall administer the minority teacher | ||||||
| 5 | scholarship aid program established by this Section and shall | ||||||
| 6 | make all necessary and proper rules not inconsistent with this | ||||||
| 7 | Section for its effective implementation. | ||||||
| 8 | (j) When an appropriation to the Commission for a given | ||||||
| 9 | fiscal year is insufficient to provide scholarships to all | ||||||
| 10 | qualified students, the Commission shall allocate the | ||||||
| 11 | appropriation in accordance with this subsection. If funds are | ||||||
| 12 | insufficient to provide all qualified students with a | ||||||
| 13 | scholarship as authorized by this Section, the Commission | ||||||
| 14 | shall allocate the available scholarship funds for that fiscal | ||||||
| 15 | year to qualified students who submit a complete application | ||||||
| 16 | form on or before a date specified by the Commission based on | ||||||
| 17 | the following order of priority: | ||||||
| 18 | (1) To students who received a scholarship under this | ||||||
| 19 | Section in the prior academic year and who remain eligible | ||||||
| 20 | for a minority teacher scholarship under this Section. | ||||||
| 21 | (2) Except as otherwise provided in subsection (k), to | ||||||
| 22 | students who demonstrate financial need, as determined by | ||||||
| 23 | the Commission. | ||||||
| 24 | (k) Notwithstanding paragraph (2) of subsection (j), at | ||||||
| 25 | least 35% of the funds appropriated for scholarships awarded | ||||||
| 26 | under this Section in each fiscal year shall be reserved for | ||||||
| |||||||
| |||||||
| 1 | qualified male minority applicants, with priority being given | ||||||
| 2 | to qualified Black male applicants beginning with fiscal year | ||||||
| 3 | 2023. If the Commission does not receive enough applications | ||||||
| 4 | from qualified male minorities on or before January 1 of each | ||||||
| 5 | fiscal year to award 35% of the funds appropriated for these | ||||||
| 6 | scholarships to qualified male minority applicants, then the | ||||||
| 7 | Commission may award a portion of the reserved funds to | ||||||
| 8 | qualified female minority applicants in accordance with | ||||||
| 9 | subsection (j). | ||||||
| 10 | Beginning with fiscal year 2023, if at least $2,850,000 | ||||||
| 11 | but less than $4,200,000 is appropriated in a given fiscal | ||||||
| 12 | year for scholarships awarded under this Section, then at | ||||||
| 13 | least 10% of the funds appropriated shall be reserved for | ||||||
| 14 | qualified bilingual minority applicants, with priority being | ||||||
| 15 | given to qualified bilingual minority applicants who are | ||||||
| 16 | enrolled in an educator preparation program with a | ||||||
| 17 | concentration in bilingual, bicultural education. Beginning | ||||||
| 18 | with fiscal year 2023, if at least $4,200,000 is appropriated | ||||||
| 19 | in a given fiscal year for the Minority Teachers of Illinois | ||||||
| 20 | scholarship program, then at least 30% of the funds | ||||||
| 21 | appropriated shall be reserved for qualified bilingual | ||||||
| 22 | minority applicants, with priority being given to qualified | ||||||
| 23 | bilingual minority applicants who are enrolled in an educator | ||||||
| 24 | preparation program with a concentration in bilingual, | ||||||
| 25 | bicultural education. Beginning with fiscal year 2023, if at | ||||||
| 26 | least $2,850,000 is appropriated in a given fiscal year for | ||||||
| |||||||
| |||||||
| 1 | scholarships awarded under this Section but the Commission | ||||||
| 2 | does not receive enough applications from qualified bilingual | ||||||
| 3 | minority applicants on or before January 1 of that fiscal year | ||||||
| 4 | to award at least 10% of the funds appropriated to qualified | ||||||
| 5 | bilingual minority applicants, then the Commission may, in its | ||||||
| 6 | discretion, award a portion of the reserved funds to other | ||||||
| 7 | qualified students in accordance with subsection (j). | ||||||
| 8 | (l) Prior to receiving scholarship assistance for any | ||||||
| 9 | academic year, each recipient of a minority teacher | ||||||
| 10 | scholarship awarded under this Section shall be required by | ||||||
| 11 | the Commission to sign an agreement under which the recipient | ||||||
| 12 | pledges that, within the one-year period following the | ||||||
| 13 | termination of the program for which the recipient was awarded | ||||||
| 14 | a minority teacher scholarship, the recipient (i) shall begin | ||||||
| 15 | teaching for a period of not less than one year for each year | ||||||
| 16 | of scholarship assistance he or she was awarded under this | ||||||
| 17 | Section; (ii) shall fulfill this teaching obligation at a | ||||||
| 18 | nonprofit Illinois public, private, or parochial preschool, | ||||||
| 19 | elementary school, or secondary school at which no less than | ||||||
| 20 | 30% of the enrolled students are minority students in the year | ||||||
| 21 | during which the recipient begins teaching at the school or | ||||||
| 22 | may instead, if the recipient received a scholarship as a | ||||||
| 23 | qualified bilingual minority applicant, fulfill this teaching | ||||||
| 24 | obligation in a program in transitional bilingual education | ||||||
| 25 | pursuant to Article 14C of the School Code or in a school in | ||||||
| 26 | which 20 or more English learner students in the same language | ||||||
| |||||||
| |||||||
| 1 | classification are enrolled; and (iii) shall, upon request by | ||||||
| 2 | the Commission, provide the Commission with evidence that he | ||||||
| 3 | or she is fulfilling or has fulfilled the terms of the teaching | ||||||
| 4 | agreement provided for in this subsection. | ||||||
| 5 | (m) If a recipient of a minority teacher scholarship | ||||||
| 6 | awarded under this Section fails to fulfill the teaching | ||||||
| 7 | obligation set forth in subsection (l) of this Section, the | ||||||
| 8 | Commission shall require the recipient to repay the amount of | ||||||
| 9 | the scholarships received, prorated according to the fraction | ||||||
| 10 | of the teaching obligation not completed, at a rate of | ||||||
| 11 | interest equal to 5%, and, if applicable, reasonable | ||||||
| 12 | collection fees. If a recipient who enters into repayment | ||||||
| 13 | under this subsection (m) subsequently, within 5 years of | ||||||
| 14 | entering repayment, begins to teach at a school meeting the | ||||||
| 15 | description under subsection (l) of this Section, the | ||||||
| 16 | Commission may reduce the amount owed by the recipient in | ||||||
| 17 | proportion to the amount of the teaching obligation completed. | ||||||
| 18 | The Commission is authorized to establish rules relating to | ||||||
| 19 | its collection activities for repayment of scholarships under | ||||||
| 20 | this Section. All repayments collected under this Section | ||||||
| 21 | shall be forwarded to the State Comptroller for deposit into | ||||||
| 22 | the State's General Revenue Fund. | ||||||
| 23 | (n) A recipient of minority teacher scholarship shall not | ||||||
| 24 | be considered in violation of the agreement entered into | ||||||
| 25 | pursuant to subsection (l) if the recipient (i) enrolls on a | ||||||
| 26 | full time basis as a graduate student in a course of study | ||||||
| |||||||
| |||||||
| 1 | related to the field of teaching at a qualified Illinois | ||||||
| 2 | institution of higher learning; (ii) is serving, not in excess | ||||||
| 3 | of 3 years, as a member of the armed services of the United | ||||||
| 4 | States; (iii) is a person with a temporary total disability | ||||||
| 5 | for a period of time not to exceed 3 years as established by | ||||||
| 6 | sworn affidavit of a qualified physician; (iv) is seeking and | ||||||
| 7 | unable to find full time employment as a teacher at an Illinois | ||||||
| 8 | public, private, or parochial preschool or elementary or | ||||||
| 9 | secondary school that satisfies the criteria set forth in | ||||||
| 10 | subsection (l) of this Section and is able to provide evidence | ||||||
| 11 | of that fact; (v) becomes a person with a permanent total | ||||||
| 12 | disability as established by sworn affidavit of a qualified | ||||||
| 13 | physician; (vi) is taking additional courses, on at least a | ||||||
| 14 | half-time basis, needed to obtain licensure as a teacher in | ||||||
| 15 | Illinois; or (vii) is fulfilling teaching requirements | ||||||
| 16 | associated with other programs administered by the Commission | ||||||
| 17 | and cannot concurrently fulfill them under this Section in a | ||||||
| 18 | period of time equal to the length of the teaching obligation. | ||||||
| 19 | (o) Scholarship recipients under this Section who withdraw | ||||||
| 20 | from a program of teacher education but remain enrolled in | ||||||
| 21 | school to continue their postsecondary studies in another | ||||||
| 22 | academic discipline shall not be required to commence | ||||||
| 23 | repayment of their Minority Teachers of Illinois scholarship | ||||||
| 24 | so long as they remain enrolled in school on a full-time basis | ||||||
| 25 | or if they can document for the Commission special | ||||||
| 26 | circumstances that warrant extension of repayment. | ||||||
| |||||||
| |||||||
| 1 | (p) If the Minority Teachers of Illinois scholarship | ||||||
| 2 | program does not expend at least 90% of the amount | ||||||
| 3 | appropriated for the program in a given fiscal year for 3 | ||||||
| 4 | consecutive fiscal years and the Commission does not receive | ||||||
| 5 | enough applications from the groups identified in subsection | ||||||
| 6 | (k) on or before January 1 in each of those fiscal years to | ||||||
| 7 | meet the percentage reserved for those groups under subsection | ||||||
| 8 | (k), then up to 3% of amount appropriated for the program for | ||||||
| 9 | each of next 3 fiscal years shall be allocated to increasing | ||||||
| 10 | awareness of the program and for the recruitment of Black male | ||||||
| 11 | applicants. The Commission shall make a recommendation to the | ||||||
| 12 | General Assembly by January 1 of the year immediately | ||||||
| 13 | following the end of that third fiscal year regarding whether | ||||||
| 14 | the amount allocated to increasing awareness and recruitment | ||||||
| 15 | should continue. | ||||||
| 16 | (q) Each qualified Illinois institution of higher learning | ||||||
| 17 | that receives funds from the Minority Teachers of Illinois | ||||||
| 18 | scholarship program shall host an annual information session | ||||||
| 19 | at the institution about the program for teacher candidates of | ||||||
| 20 | color in accordance with rules adopted by the Commission. | ||||||
| 21 | Additionally, the institution shall ensure that each | ||||||
| 22 | scholarship recipient enrolled at the institution meets with | ||||||
| 23 | an academic advisor at least once per academic year to | ||||||
| 24 | facilitate on-time completion of the recipient's educator | ||||||
| 25 | preparation program. | ||||||
| 26 | (r) The changes made to this Section by Public Act 101-654 | ||||||
| |||||||
| |||||||
| 1 | will first take effect with awards made for the 2022-2023 | ||||||
| 2 | academic year. | ||||||
| 3 | (Source: P.A. 102-465, eff. 1-1-22; 102-813, eff. 5-13-22; | ||||||
| 4 | 102-1100, eff. 1-1-23; 103-448, eff. 8-4-23; revised 7-19-24.)
| ||||||
| 5 | (110 ILCS 947/52) | ||||||
| 6 | Sec. 52. Golden Apple Scholars of Illinois Program; Golden | ||||||
| 7 | Apple Foundation for Excellence in Teaching. | ||||||
| 8 | (a) In this Section, "Foundation" means the Golden Apple | ||||||
| 9 | Foundation for Excellence in Teaching, a registered 501(c)(3) | ||||||
| 10 | not-for-profit corporation. | ||||||
| 11 | (a-2) In order to encourage academically talented Illinois | ||||||
| 12 | students, especially minority students, to pursue teaching | ||||||
| 13 | careers, especially in teacher shortage disciplines (which | ||||||
| 14 | shall be defined to include early childhood education) or at | ||||||
| 15 | hard-to-staff schools (as defined by the Commission in | ||||||
| 16 | consultation with the State Board of Education), to provide | ||||||
| 17 | those students with the crucial mentoring, guidance, and | ||||||
| 18 | in-service support that will significantly increase the | ||||||
| 19 | likelihood that they will complete their full teaching | ||||||
| 20 | commitments and elect to continue teaching in targeted | ||||||
| 21 | disciplines and hard-to-staff schools, and to ensure that | ||||||
| 22 | students in this State will continue to have access to a pool | ||||||
| 23 | of highly qualified highly-qualified teachers, each qualified | ||||||
| 24 | student shall be awarded a Golden Apple Scholars of Illinois | ||||||
| 25 | Program scholarship to any Illinois institution of higher | ||||||
| |||||||
| |||||||
| 1 | learning. The Commission shall administer the Golden Apple | ||||||
| 2 | Scholars of Illinois Program, which shall be managed by the | ||||||
| 3 | Foundation pursuant to the terms of a grant agreement meeting | ||||||
| 4 | the requirements of Section 4 of the Illinois Grant Funds | ||||||
| 5 | Recovery Act. | ||||||
| 6 | (a-3) For purposes of this Section, a qualified student | ||||||
| 7 | shall be a student who meets the following qualifications: | ||||||
| 8 | (1) is a resident of this State and a citizen or | ||||||
| 9 | eligible noncitizen of the United States; | ||||||
| 10 | (2) is a high school graduate or a person who has | ||||||
| 11 | received a State of Illinois High School Diploma; | ||||||
| 12 | (3) is enrolled or accepted, on at least a half-time | ||||||
| 13 | basis, at an institution of higher learning; | ||||||
| 14 | (4) is pursuing a postsecondary course of study | ||||||
| 15 | leading to initial certification or pursuing additional | ||||||
| 16 | course work needed to gain State Board of Education | ||||||
| 17 | approval to teach, including alternative teacher | ||||||
| 18 | licensure; and | ||||||
| 19 | (5) is a participant in programs managed by and is | ||||||
| 20 | approved to receive a scholarship from the Foundation. | ||||||
| 21 | (a-5) (Blank). | ||||||
| 22 | (b) (Blank). | ||||||
| 23 | (b-5) Funds designated for the Golden Apple Scholars of | ||||||
| 24 | Illinois Program shall be used by the Commission for the | ||||||
| 25 | payment of scholarship assistance under this Section or for | ||||||
| 26 | the award of grant funds, subject to the Illinois Grant Funds | ||||||
| |||||||
| |||||||
| 1 | Recovery Act, to the Foundation. Subject to appropriation, | ||||||
| 2 | awards of grant funds to the Foundation shall be made on an | ||||||
| 3 | annual basis and following an application for grant funds by | ||||||
| 4 | the Foundation. | ||||||
| 5 | (b-10) Each year, the Foundation shall include in its | ||||||
| 6 | application to the Commission for grant funds an estimate of | ||||||
| 7 | the amount of scholarship assistance to be provided to | ||||||
| 8 | qualified students during the grant period. Any amount of | ||||||
| 9 | appropriated funds exceeding the estimated amount of | ||||||
| 10 | scholarship assistance may be awarded by the Commission to the | ||||||
| 11 | Foundation for management expenses expected to be incurred by | ||||||
| 12 | the Foundation in providing the mentoring, guidance, and | ||||||
| 13 | in-service supports that will increase the likelihood that | ||||||
| 14 | qualified students will complete their teaching commitments | ||||||
| 15 | and elect to continue teaching in hard-to-staff schools. If | ||||||
| 16 | the estimate of the amount of scholarship assistance described | ||||||
| 17 | in the Foundation's application is less than the actual amount | ||||||
| 18 | required for the award of scholarship assistance to qualified | ||||||
| 19 | students, the Foundation shall be responsible for using | ||||||
| 20 | awarded grant funds to ensure all qualified students receive | ||||||
| 21 | scholarship assistance under this Section. | ||||||
| 22 | (b-15) All grant funds not expended or legally obligated | ||||||
| 23 | within the time specified in a grant agreement between the | ||||||
| 24 | Foundation and the Commission shall be returned to the | ||||||
| 25 | Commission within 45 days. Any funds legally obligated by the | ||||||
| 26 | end of a grant agreement shall be liquidated within 45 days or | ||||||
| |||||||
| |||||||
| 1 | otherwise returned to the Commission within 90 days after the | ||||||
| 2 | end of the grant agreement that resulted in the award of grant | ||||||
| 3 | funds. | ||||||
| 4 | (c) Each scholarship awarded under this Section shall be | ||||||
| 5 | in an amount sufficient to pay the tuition and fees and room | ||||||
| 6 | and board costs of the Illinois institution of higher learning | ||||||
| 7 | at which the recipient is enrolled, up to an annual maximum of | ||||||
| 8 | $5,000; except that, in the case of a recipient who does not | ||||||
| 9 | reside on campus at the institution of higher learning at | ||||||
| 10 | which he or she is enrolled, the amount of the scholarship | ||||||
| 11 | shall be sufficient to pay tuition and fee expenses and a | ||||||
| 12 | commuter allowance, up to an annual maximum of $5,000. All | ||||||
| 13 | scholarship funds distributed in accordance with this Section | ||||||
| 14 | shall be paid to the institution on behalf of recipients. | ||||||
| 15 | (d) The total amount of scholarship assistance awarded by | ||||||
| 16 | the Commission under this Section to an individual in any | ||||||
| 17 | given fiscal year, when added to other financial assistance | ||||||
| 18 | awarded to that individual for that year, shall not exceed the | ||||||
| 19 | cost of attendance at the institution of higher learning at | ||||||
| 20 | which the student is enrolled. In any academic year for which a | ||||||
| 21 | qualified student under this Section accepts financial | ||||||
| 22 | assistance through any other teacher scholarship program | ||||||
| 23 | administered by the Commission, a qualified student shall not | ||||||
| 24 | be eligible for scholarship assistance awarded under this | ||||||
| 25 | Section. | ||||||
| 26 | (e) A recipient may receive up to 8 semesters or 12 | ||||||
| |||||||
| |||||||
| 1 | quarters of scholarship assistance under this Section. | ||||||
| 2 | Scholarship funds are applicable toward 2 semesters or 3 | ||||||
| 3 | quarters of enrollment each academic year. | ||||||
| 4 | (f) All applications for scholarship assistance to be | ||||||
| 5 | awarded under this Section shall be made to the Foundation in a | ||||||
| 6 | form determined by the Foundation. Each year, the Foundation | ||||||
| 7 | shall notify the Commission of the individuals awarded | ||||||
| 8 | scholarship assistance under this Section. Each year, at least | ||||||
| 9 | 30% of the Golden Apple Scholars of Illinois Program | ||||||
| 10 | scholarships shall be awarded to students residing in counties | ||||||
| 11 | having a population of less than 500,000. | ||||||
| 12 | (g) (Blank). | ||||||
| 13 | (h) The Commission shall administer the payment of | ||||||
| 14 | scholarship assistance provided through the Golden Apple | ||||||
| 15 | Scholars of Illinois Program and shall make all necessary and | ||||||
| 16 | proper rules not inconsistent with this Section for the | ||||||
| 17 | effective implementation of this Section. | ||||||
| 18 | (i) Prior to receiving scholarship assistance for any | ||||||
| 19 | academic year, each recipient of a scholarship awarded under | ||||||
| 20 | this Section shall be required by the Foundation to sign an | ||||||
| 21 | agreement under which the recipient pledges that, within the | ||||||
| 22 | 2-year period following the termination of the academic | ||||||
| 23 | program for which the recipient was awarded a scholarship, the | ||||||
| 24 | recipient: (i) shall begin teaching for a period of not less | ||||||
| 25 | than 5 years, (ii) shall fulfill this teaching obligation at a | ||||||
| 26 | nonprofit Illinois public, private, or parochial preschool or | ||||||
| |||||||
| |||||||
| 1 | an Illinois public elementary or secondary school that | ||||||
| 2 | qualifies for teacher loan cancellation under Section | ||||||
| 3 | 465(a)(2)(A) of the federal Higher Education Act of 1965 (20 | ||||||
| 4 | U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed | ||||||
| 5 | eligible for fulfilling the teaching commitment as designated | ||||||
| 6 | by the Foundation, and (iii) shall, upon request of the | ||||||
| 7 | Foundation, provide the Foundation with evidence that he or | ||||||
| 8 | she is fulfilling or has fulfilled the terms of the teaching | ||||||
| 9 | agreement provided for in this subsection. Upon request, the | ||||||
| 10 | Foundation shall provide evidence of teacher fulfillment to | ||||||
| 11 | the Commission. | ||||||
| 12 | (j) If a recipient of a scholarship awarded under this | ||||||
| 13 | Section fails to fulfill the teaching obligation set forth in | ||||||
| 14 | subsection (i) of this Section, the Commission shall require | ||||||
| 15 | the recipient to repay the amount of the scholarships | ||||||
| 16 | received, prorated according to the fraction of the teaching | ||||||
| 17 | obligation not completed, plus interest at a rate of 5% and, if | ||||||
| 18 | applicable, reasonable collection fees. If a recipient who | ||||||
| 19 | enters into repayment under this subsection (j) subsequently, | ||||||
| 20 | within 5 years of entering repayment, begins to teach at a | ||||||
| 21 | school meeting the description under subsection (i) of this | ||||||
| 22 | Section, the Commission may reduce the amount owed by the | ||||||
| 23 | recipient in proportion to the amount of the teaching | ||||||
| 24 | obligation completed. Reduction of the amount owed shall not | ||||||
| 25 | be construed as reinstatement in the Golden Apple Scholars | ||||||
| 26 | program. Reinstatement in the program shall be solely at the | ||||||
| |||||||
| |||||||
| 1 | discretion of the Golden Apple Foundation on terms determined | ||||||
| 2 | by the Foundation. Payments received by the Commission under | ||||||
| 3 | this subsection (j) shall be remitted to the State Comptroller | ||||||
| 4 | for deposit into the General Revenue Fund, except that that | ||||||
| 5 | portion of a recipient's repayment that equals the amount in | ||||||
| 6 | expenses that the Commission has reasonably incurred in | ||||||
| 7 | attempting collection from that recipient shall be remitted to | ||||||
| 8 | the State Comptroller for deposit into the ISAC Accounts | ||||||
| 9 | Receivable Fund, a special fund in the State treasury. | ||||||
| 10 | (k) A recipient of a scholarship awarded by the Foundation | ||||||
| 11 | under this Section shall not be considered to have failed to | ||||||
| 12 | fulfill the teaching obligations of the agreement entered into | ||||||
| 13 | pursuant to subsection (i) if the recipient (i) enrolls on a | ||||||
| 14 | full-time basis as a graduate student in a course of study | ||||||
| 15 | related to the field of teaching at an institution of higher | ||||||
| 16 | learning; (ii) is serving as a member of the armed services of | ||||||
| 17 | the United States; (iii) is a person with a temporary total | ||||||
| 18 | disability, as established by sworn affidavit of a qualified | ||||||
| 19 | physician; (iv) is seeking and unable to find full-time | ||||||
| 20 | employment as a teacher at a school that satisfies the | ||||||
| 21 | criteria set forth in subsection (i) and is able to provide | ||||||
| 22 | evidence of that fact; (v) is taking additional courses, on at | ||||||
| 23 | least a half-time basis, needed to obtain certification as a | ||||||
| 24 | teacher in Illinois; (vi) is fulfilling teaching requirements | ||||||
| 25 | associated with other programs administered by the Commission | ||||||
| 26 | and cannot concurrently fulfill them under this Section in a | ||||||
| |||||||
| |||||||
| 1 | period of time equal to the length of the teaching obligation; | ||||||
| 2 | or (vii) is participating in a program established under | ||||||
| 3 | Executive Order 10924 of the President of the United States or | ||||||
| 4 | the federal National Community Service Act of 1990 (42 U.S.C. | ||||||
| 5 | 12501 et seq.). Any such extension of the period during which | ||||||
| 6 | the teaching requirement must be fulfilled shall be subject to | ||||||
| 7 | limitations of duration as established by the Commission. | ||||||
| 8 | (l) A recipient who fails to fulfill the teaching | ||||||
| 9 | obligations of the agreement entered into pursuant to | ||||||
| 10 | subsection (i) of this Section shall repay the amount of | ||||||
| 11 | scholarship assistance awarded to them under this Section | ||||||
| 12 | within 10 years. | ||||||
| 13 | (m) Annually, at a time determined by the Commission in | ||||||
| 14 | consultation with the Foundation, the Foundation shall submit | ||||||
| 15 | a report to assist the Commission in monitoring the | ||||||
| 16 | Foundation's performance of grant activities. The report shall | ||||||
| 17 | describe the following: | ||||||
| 18 | (1) the Foundation's anticipated expenditures for the | ||||||
| 19 | next fiscal year; | ||||||
| 20 | (2) the number of qualified students receiving | ||||||
| 21 | scholarship assistance at each institution of higher | ||||||
| 22 | learning where a qualified student was enrolled under this | ||||||
| 23 | Section during the previous fiscal year; | ||||||
| 24 | (3) the total monetary value of scholarship funds paid | ||||||
| 25 | to each institution of higher learning at which a | ||||||
| 26 | qualified student was enrolled during the previous fiscal | ||||||
| |||||||
| |||||||
| 1 | year; | ||||||
| 2 | (4) the number of scholarship recipients who completed | ||||||
| 3 | a baccalaureate degree during the previous fiscal year; | ||||||
| 4 | (5) the number of scholarship recipients who fulfilled | ||||||
| 5 | their teaching obligation during the previous fiscal year; | ||||||
| 6 | (6) the number of scholarship recipients who failed to | ||||||
| 7 | fulfill their teaching obligation during the previous | ||||||
| 8 | fiscal year; | ||||||
| 9 | (7) the number of scholarship recipients granted an | ||||||
| 10 | extension described in subsection (k) of this Section | ||||||
| 11 | during the previous fiscal year; | ||||||
| 12 | (8) the number of scholarship recipients required to | ||||||
| 13 | repay scholarship assistance in accordance with subsection | ||||||
| 14 | (j) of this Section during the previous fiscal year; | ||||||
| 15 | (9) the number of scholarship recipients who | ||||||
| 16 | successfully repaid scholarship assistance in full during | ||||||
| 17 | the previous fiscal year; | ||||||
| 18 | (10) the number of scholarship recipients who | ||||||
| 19 | defaulted on their obligation to repay scholarship | ||||||
| 20 | assistance during the previous fiscal year; | ||||||
| 21 | (11) the amount of scholarship assistance subject to | ||||||
| 22 | collection in accordance with subsection (j) of this | ||||||
| 23 | Section at the end of the previous fiscal year; | ||||||
| 24 | (12) the amount of collected funds to be remitted to | ||||||
| 25 | the Comptroller in accordance with subsection (j) of this | ||||||
| 26 | Section at the end of the previous fiscal year; and | ||||||
| |||||||
| |||||||
| 1 | (13) other information that the Commission may | ||||||
| 2 | reasonably request. | ||||||
| 3 | (n) Nothing in this Section shall affect the rights of the | ||||||
| 4 | Commission to collect moneys owed to it by recipients of | ||||||
| 5 | scholarship assistance through the Illinois Future Teacher | ||||||
| 6 | Corps Program, repealed by Public Act 98-533. | ||||||
| 7 | (o) The Auditor General shall prepare an annual audit of | ||||||
| 8 | the operations and finances of the Golden Apple Scholars of | ||||||
| 9 | Illinois Program. This audit shall be provided to the | ||||||
| 10 | Governor, General Assembly, and the Commission. | ||||||
| 11 | (p) The suspension of grant making authority found in | ||||||
| 12 | Section 4.2 of the Illinois Grant Funds Recovery Act shall not | ||||||
| 13 | apply to grants made pursuant to this Section. | ||||||
| 14 | (Source: P.A. 102-1071, eff. 6-10-22; 102-1100, eff. 1-1-23; | ||||||
| 15 | 103-154, eff. 6-30-23; 103-448, eff. 8-4-23; revised | ||||||
| 16 | 10-16-24.)
| ||||||
| 17 | (110 ILCS 947/65.125) | ||||||
| 18 | Sec. 65.125. Early Childhood Access Consortium for Equity | ||||||
| 19 | Scholarship Program. | ||||||
| 20 | (a) As used in this Section, "incumbent workforce" has the | ||||||
| 21 | meaning ascribed to that term in the Early Childhood Access | ||||||
| 22 | Consortium for Equity Act. | ||||||
| 23 | (b) Subject to appropriation, the Commission shall | ||||||
| 24 | implement and administer an early childhood educator | ||||||
| 25 | scholarship program, to be known as the Early Childhood Access | ||||||
| |||||||
| |||||||
| 1 | Consortium for Equity Scholarship Program. Under the Program, | ||||||
| 2 | the Commission shall annually award scholarships to early | ||||||
| 3 | childhood education students enrolled in institutions of | ||||||
| 4 | higher education participating in the Early Childhood Access | ||||||
| 5 | Consortium for Equity under the Early Childhood Access | ||||||
| 6 | Consortium for Equity Act with preference given to members of | ||||||
| 7 | the incumbent workforce. | ||||||
| 8 | (c) To ensure alignment with Consortium goals and changing | ||||||
| 9 | workforce needs, the Commission shall work in partnership with | ||||||
| 10 | the Board of Higher Education and the Illinois Community | ||||||
| 11 | College Board in program design, and the Board of Higher | ||||||
| 12 | Education and the Illinois Community College Board shall | ||||||
| 13 | solicit feedback from the Consortium advisory committee | ||||||
| 14 | established under Section 25 of the Early Childhood Access | ||||||
| 15 | Consortium for Equity Act. | ||||||
| 16 | (d) In awarding a scholarship under this Section, the | ||||||
| 17 | Commission may give preference to applicants who received a | ||||||
| 18 | scholarship under this Section during the prior academic year, | ||||||
| 19 | to applicants with financial need, or both. | ||||||
| 20 | (e) Prior to receiving scholarship assistance for any | ||||||
| 21 | academic year, each recipient of a scholarship awarded under | ||||||
| 22 | this Section shall be required by the Commission to sign an | ||||||
| 23 | agreement under which the recipient pledges to continue or | ||||||
| 24 | return to teaching or direct services in the early childhood | ||||||
| 25 | care and education field in this State after they complete | ||||||
| 26 | their program of study. | ||||||
| |||||||
| |||||||
| 1 | (f) The Commission may adopt any rules necessary to | ||||||
| 2 | implement and administer the Program. | ||||||
| 3 | (Source: P.A. 103-588, eff. 6-5-24.)
| ||||||
| 4 | (110 ILCS 947/65.130) | ||||||
| 5 | Sec. 65.130 65.125. Journalism Student Scholarship | ||||||
| 6 | Program. | ||||||
| 7 | (a) As used in this Section, "local news organization" has | ||||||
| 8 | the meaning given to that term in the Strengthening Community | ||||||
| 9 | Media Act. | ||||||
| 10 | (b) In order to encourage academically talented Illinois | ||||||
| 11 | students to pursue careers in journalism, especially in | ||||||
| 12 | underserved areas of the State, and to provide those students | ||||||
| 13 | with financial assistance to increase the likelihood that they | ||||||
| 14 | will complete their full academic commitment and elect to | ||||||
| 15 | remain in Illinois to pursue a career in journalism, subject | ||||||
| 16 | to appropriation, not sooner than the 2025-2026 academic year, | ||||||
| 17 | the Commission shall implement and administer the Journalism | ||||||
| 18 | Student Scholarship Program. The Commission shall annually | ||||||
| 19 | award scholarships to persons preparing to work in Illinois, | ||||||
| 20 | with preference given to those preparing to work in | ||||||
| 21 | underserved areas. These scholarships shall be awarded to | ||||||
| 22 | individuals who make application to the Commission and agree | ||||||
| 23 | to sign an agreement under which the recipient pledges that, | ||||||
| 24 | within the 2-year period following the termination of the | ||||||
| 25 | academic program for which the recipient was awarded a | ||||||
| |||||||
| |||||||
| 1 | scholarship, the recipient shall: | ||||||
| 2 | (1) begin working in journalism in this State for a | ||||||
| 3 | period of not less than 2 years; | ||||||
| 4 | (2) fulfill this obligation at local news | ||||||
| 5 | organization; and | ||||||
| 6 | (3) upon request of the Commission, provide the | ||||||
| 7 | Commission with evidence that the recipient is fulfilling | ||||||
| 8 | or has fulfilled the terms of the teaching agreement | ||||||
| 9 | provided for in this subsection. | ||||||
| 10 | (c) An eligible student is a student who meets the | ||||||
| 11 | following qualifications: | ||||||
| 12 | (1) is a resident of this State and a citizen or | ||||||
| 13 | eligible noncitizen of the United States; | ||||||
| 14 | (2) is a high school graduate or a person who has | ||||||
| 15 | received an Illinois high school diploma; | ||||||
| 16 | (3) is enrolled or accepted, on at least a half-time | ||||||
| 17 | basis, at an institution of higher learning; and | ||||||
| 18 | (4) is pursuing a postsecondary course of study | ||||||
| 19 | leading to a career in journalism or a similar field. | ||||||
| 20 | (d) Each scholarship shall be used by the recipient for | ||||||
| 21 | the payment of tuition and fees at an institution of higher | ||||||
| 22 | learning. | ||||||
| 23 | (e) The Commission shall administer the Program and shall | ||||||
| 24 | adopt all necessary and proper rules not inconsistent with | ||||||
| 25 | this Section for its effective implementation. | ||||||
| 26 | (Source: P.A. 103-1021, eff. 1-1-25; revised 12-3-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 705. The Student Loan Servicing Rights Act is | ||||||
| 2 | amended by changing Section 5-70 as follows:
| ||||||
| 3 | (110 ILCS 992/5-70) | ||||||
| 4 | Sec. 5-70. Cosigner release rights. | ||||||
| 5 | (a) A servicer may not impose any restriction that | ||||||
| 6 | permanently bars a borrower from qualifying for cosigner | ||||||
| 7 | release, including restricting the number of times a borrower | ||||||
| 8 | may apply for cosigner release. | ||||||
| 9 | (b) A servicer may not impose any negative consequences on | ||||||
| 10 | a borrower or cosigner during the 60 days following the | ||||||
| 11 | issuance of the notice required pursuant to subsection (c) of | ||||||
| 12 | Section 5-50 of this Act or until the servicer makes a final | ||||||
| 13 | determination about a borrower's cosigner release application, | ||||||
| 14 | whichever occurs later. As used in this subsection (b), | ||||||
| 15 | "negative consequences" includes the imposition of additional | ||||||
| 16 | eligibility criteria, negative credit reporting, lost | ||||||
| 17 | eligibility or cosigner release, late fees, interest | ||||||
| 18 | capitalization, or other financial injury. | ||||||
| 19 | (c) For any private education loan issued on or after | ||||||
| 20 | August 2, 2024 (the effective date of Public Act 103-748) this | ||||||
| 21 | amendatory Act of the 103rd General Assembly, a servicer may | ||||||
| 22 | not require proof of more than 12 consecutive, on-time | ||||||
| 23 | payments as part of the criteria for cosigner release. A | ||||||
| 24 | borrower who has paid the equivalent of 12 months of principal | ||||||
| |||||||
| |||||||
| 1 | and interest payments within any 12-month period is deemed to | ||||||
| 2 | have satisfied the consecutive, on-time payment requirement | ||||||
| 3 | even if the borrower has not made payments monthly during the | ||||||
| 4 | 12-month period. If a borrower or cosigner requests a change | ||||||
| 5 | in terms that restarts the count of consecutive, on-time | ||||||
| 6 | payments required for cosigner release, the servicer shall | ||||||
| 7 | notify the borrower and cosigner in writing of the impact of | ||||||
| 8 | the change and provide the borrower and cosigner with the | ||||||
| 9 | right to withdraw or reverse the request to avoid the impact. | ||||||
| 10 | (d) A borrower may request an appeal of a servicer's | ||||||
| 11 | determination to deny a request for cosigner release, and the | ||||||
| 12 | servicer shall permit the borrower to submit additional | ||||||
| 13 | documentation evidencing the borrower's ability, willingness, | ||||||
| 14 | and stability to meet the payment obligations. The borrower | ||||||
| 15 | may request that another employee of the servicer review the | ||||||
| 16 | cosigner release determination. | ||||||
| 17 | (e) A servicer shall establish and maintain a | ||||||
| 18 | comprehensive record management system reasonably designed to | ||||||
| 19 | ensure the accuracy, integrity, and completeness of | ||||||
| 20 | information about cosigner release applications and to ensure | ||||||
| 21 | compliance with applicable State and federal laws. The system | ||||||
| 22 | must include the number of cosigner release cosigner-release | ||||||
| 23 | applications received, the approval and denial rate, and the | ||||||
| 24 | primary reasons for any denial. | ||||||
| 25 | (Source: P.A. 103-748, eff. 8-2-24; revised 10-21-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 710. The Workforce Development through Charitable | ||||||
| 2 | Loan Repayment Act is amended by changing Section 10-1 as | ||||||
| 3 | follows:
| ||||||
| 4 | (110 ILCS 998/10-1) | ||||||
| 5 | Sec. 10-1. Short title. This Article Act may be cited as | ||||||
| 6 | the Workforce Development through Charitable Loan Repayment | ||||||
| 7 | Act. References in this Article to "this Act" mean this | ||||||
| 8 | Article. | ||||||
| 9 | (Source: P.A. 103-592, eff. 6-7-24; revised 10-23-24.)
| ||||||
| 10 | Section 715. The Illinois Educational Labor Relations Act | ||||||
| 11 | is amended by changing Section 5 as follows:
| ||||||
| 12 | (115 ILCS 5/5) (from Ch. 48, par. 1705) | ||||||
| 13 | Sec. 5. Illinois Educational Labor Relations Board. | ||||||
| 14 | (a) There is hereby created the Illinois Educational Labor | ||||||
| 15 | Relations Board. | ||||||
| 16 | (a-5) Until July 1, 2003 or when all of the new members to | ||||||
| 17 | be initially appointed under Public Act 93-509 this amendatory | ||||||
| 18 | Act of the 93rd General Assembly have been appointed by the | ||||||
| 19 | Governor, whichever occurs later, the Illinois Educational | ||||||
| 20 | Labor Relations Board shall consist of 7 members, no more than | ||||||
| 21 | 4 of whom may be of the same political party, who are residents | ||||||
| 22 | of Illinois appointed by the Governor with the advice and | ||||||
| 23 | consent of the Senate. | ||||||
| |||||||
| |||||||
| 1 | The term of each appointed member of the Board who is in | ||||||
| 2 | office on June 30, 2003 shall terminate at the close of | ||||||
| 3 | business on that date or when all of the new members to be | ||||||
| 4 | initially appointed under Public Act 93-509 this amendatory | ||||||
| 5 | Act of the 93rd General Assembly have been appointed by the | ||||||
| 6 | Governor, whichever occurs later. | ||||||
| 7 | (b) Beginning on July 1, 2003 or when all of the new | ||||||
| 8 | members to be initially appointed under this amendatory Act of | ||||||
| 9 | the 93rd General Assembly have been appointed by the Governor, | ||||||
| 10 | whichever occurs later, the Illinois Educational Labor | ||||||
| 11 | Relations Board shall consist of 5 members appointed by the | ||||||
| 12 | Governor with the advice and consent of the Senate. No more | ||||||
| 13 | than 3 members may be of the same political party. | ||||||
| 14 | The Governor shall appoint to the Board only persons who | ||||||
| 15 | are residents of Illinois and have had a minimum of 5 years of | ||||||
| 16 | experience directly related to labor and employment relations | ||||||
| 17 | in representing educational employers or educational employees | ||||||
| 18 | in collective bargaining matters. One appointed member shall | ||||||
| 19 | be designated at the time of his or her appointment to serve as | ||||||
| 20 | chairman. | ||||||
| 21 | Of the initial members appointed pursuant to Public Act | ||||||
| 22 | 93-509 this amendatory Act of the 93rd General Assembly, 2 | ||||||
| 23 | shall be designated at the time of appointment to serve a term | ||||||
| 24 | of 6 years, 2 shall be designated at the time of appointment to | ||||||
| 25 | serve a term of 4 years, and the other shall be designated at | ||||||
| 26 | the time of his or her appointment to serve a term of 4 years, | ||||||
| |||||||
| |||||||
| 1 | with each to serve until his or her successor is appointed and | ||||||
| 2 | qualified. | ||||||
| 3 | Each subsequent member shall be appointed in like manner | ||||||
| 4 | for a term of 6 years and until his or her successor is | ||||||
| 5 | appointed and qualified. Each member of the Board is eligible | ||||||
| 6 | for reappointment. Vacancies shall be filled in the same | ||||||
| 7 | manner as original appointments for the balance of the | ||||||
| 8 | unexpired term. | ||||||
| 9 | (c) The chairman shall be paid $50,000 per year, or an | ||||||
| 10 | amount set by the Compensation Review Board, whichever is | ||||||
| 11 | greater. Other members of the Board shall each be paid $45,000 | ||||||
| 12 | per year, or an amount set by the Compensation Review Board, | ||||||
| 13 | whichever is greater. They shall be entitled to reimbursement | ||||||
| 14 | for necessary traveling and other official expenditures | ||||||
| 15 | necessitated by their official duties. | ||||||
| 16 | Each member shall devote his entire time to the duties of | ||||||
| 17 | the office, and shall hold no other office or position of | ||||||
| 18 | profit, nor engage in any other business, employment, or | ||||||
| 19 | vocation. | ||||||
| 20 | (d) Three members of the Board constitute a quorum and a | ||||||
| 21 | vacancy on the Board does not impair the right of the remaining | ||||||
| 22 | members to exercise all of the powers of the Board. | ||||||
| 23 | (e) Any member of the Board may be removed by the Governor, | ||||||
| 24 | upon notice, for neglect of duty or malfeasance in office, but | ||||||
| 25 | for no other cause. | ||||||
| 26 | (f) The Board may appoint or employ an executive director, | ||||||
| |||||||
| |||||||
| 1 | attorneys, hearing officers, and such other employees as it | ||||||
| 2 | deems necessary to perform its functions, except that the | ||||||
| 3 | Board shall employ a minimum of 8 attorneys and 5 | ||||||
| 4 | investigators. The Board shall prescribe the duties and | ||||||
| 5 | qualifications of such persons appointed and, subject to the | ||||||
| 6 | annual appropriation, fix their compensation and provide for | ||||||
| 7 | reimbursement of actual and necessary expenses incurred in the | ||||||
| 8 | performance of their duties. | ||||||
| 9 | (g) The Board may promulgate rules and regulations which | ||||||
| 10 | allow parties in proceedings before the Board to be | ||||||
| 11 | represented by counsel or any other person knowledgeable in | ||||||
| 12 | the matters under consideration. | ||||||
| 13 | (h) To accomplish the objectives and to carry out the | ||||||
| 14 | duties prescribed by this Act, the Board may subpoena | ||||||
| 15 | witnesses, subpoena the production of books, papers, records, | ||||||
| 16 | and documents which may be needed as evidence on any matter | ||||||
| 17 | under inquiry and may administer oaths and affirmations. | ||||||
| 18 | In cases of neglect or refusal to obey a subpoena issued to | ||||||
| 19 | any person, the circuit court in the county in which the | ||||||
| 20 | investigation or the public hearing is taking place, upon | ||||||
| 21 | application by the Board, may issue an order requiring such | ||||||
| 22 | person to appear before the Board or any member or agent of the | ||||||
| 23 | Board to produce evidence or give testimony. A failure to obey | ||||||
| 24 | such order may be punished by the court as in civil contempt. | ||||||
| 25 | Any subpoena, notice of hearing, or other process or | ||||||
| 26 | notice of the Board issued under the provisions of this Act may | ||||||
| |||||||
| |||||||
| 1 | be served by one of the methods permitted in the Board's rules. | ||||||
| 2 | (i) The Board shall adopt, promulgate, amend, or rescind | ||||||
| 3 | rules and regulations in accordance with the Illinois | ||||||
| 4 | Administrative Procedure Act as it deems necessary and | ||||||
| 5 | feasible to carry out this Act. | ||||||
| 6 | (j) The Board at the end of every State fiscal year shall | ||||||
| 7 | make a report in writing to the Governor and the General | ||||||
| 8 | Assembly, stating in detail the work it has done to carry out | ||||||
| 9 | the policy of the Act in hearing and deciding cases and | ||||||
| 10 | otherwise. The Board's report shall include: | ||||||
| 11 | (1) the number of unfair labor practice charges filed | ||||||
| 12 | during the fiscal year; | ||||||
| 13 | (2) the number of unfair labor practice charges | ||||||
| 14 | resolved during the fiscal year; | ||||||
| 15 | (3) the total number of unfair labor charges pending | ||||||
| 16 | before the Board at the end of the fiscal year; | ||||||
| 17 | (4) the number of unfair labor charge cases at the end | ||||||
| 18 | of the fiscal year that have been pending before the Board | ||||||
| 19 | between 1 and 100 days, 101 and 150 days, 151 and 200 days, | ||||||
| 20 | 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 | ||||||
| 21 | and 400 days, 401 and 450 days, 451 and 500 days, 501 and | ||||||
| 22 | 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 | ||||||
| 23 | days, and over 701 days; | ||||||
| 24 | (5) the number of representation cases and unit | ||||||
| 25 | clarification cases filed during the fiscal year; | ||||||
| 26 | (6) the number of representation cases and unit | ||||||
| |||||||
| |||||||
| 1 | clarification cases resolved during the fiscal year; | ||||||
| 2 | (7) the total number of representation cases and unit | ||||||
| 3 | clarification cases pending before the Board at the end of | ||||||
| 4 | the fiscal year; | ||||||
| 5 | (8) the number of representation cases and unit | ||||||
| 6 | clarification cases at the end of the fiscal year that | ||||||
| 7 | have been pending before the Board between 1 and 120 days, | ||||||
| 8 | 121 and 180 days, and over 180 days; and | ||||||
| 9 | (9) the Board's progress in meeting the timeliness | ||||||
| 10 | goals established pursuant to the criteria in Section 15 | ||||||
| 11 | of this Act; the report shall include, but is not limited | ||||||
| 12 | to: | ||||||
| 13 | (A) the average number of days taken to complete | ||||||
| 14 | investigations and issue complaints, dismissals, or | ||||||
| 15 | deferrals; | ||||||
| 16 | (B) the average number of days taken for the Board | ||||||
| 17 | to issue decisions on appeals of dismissals or | ||||||
| 18 | deferrals; | ||||||
| 19 | (C) the average number of days taken to schedule a | ||||||
| 20 | hearing on complaints once issued; | ||||||
| 21 | (D) the average number of days taken to issue a | ||||||
| 22 | recommended decision and order once the record is | ||||||
| 23 | closed; | ||||||
| 24 | (E) the average number of days taken for the Board | ||||||
| 25 | to issue final decisions on recommended decisions when | ||||||
| 26 | where exceptions have been filed; | ||||||
| |||||||
| |||||||
| 1 | (F) the average number of days taken for the Board | ||||||
| 2 | to issue final decisions decision on recommended | ||||||
| 3 | decisions when no exceptions have been filed; and | ||||||
| 4 | (G) in cases where the Board was unable to meet the | ||||||
| 5 | timeliness goals established in Section 15, an | ||||||
| 6 | explanation as to why the goal was not met. | ||||||
| 7 | (Source: P.A. 102-797, eff. 1-1-23; 103-856, eff. 1-1-25; | ||||||
| 8 | revised 11-22-24.)
| ||||||
| 9 | Section 720. The Illinois Banking Act is amended by | ||||||
| 10 | changing Section 2 as follows:
| ||||||
| 11 | (205 ILCS 5/2) (from Ch. 17, par. 302) | ||||||
| 12 | Sec. 2. General definitions. In this Act, unless the | ||||||
| 13 | context otherwise requires, the following words and phrases | ||||||
| 14 | shall have the following meanings: | ||||||
| 15 | "Accommodation party" shall have the meaning ascribed to | ||||||
| 16 | that term in Section 3-419 of the Uniform Commercial Code. | ||||||
| 17 | "Action" in the sense of a judicial proceeding includes | ||||||
| 18 | recoupments, counterclaims, set-off, and any other proceeding | ||||||
| 19 | in which rights are determined. | ||||||
| 20 | "Affiliate facility" of a bank means a main banking | ||||||
| 21 | premises or branch of another commonly owned bank. The main | ||||||
| 22 | banking premises or any branch of a bank may be an "affiliate | ||||||
| 23 | facility" with respect to one or more other commonly owned | ||||||
| 24 | banks. | ||||||
| |||||||
| |||||||
| 1 | "Appropriate federal banking agency" means the Federal | ||||||
| 2 | Deposit Insurance Corporation, the Federal Reserve Bank of | ||||||
| 3 | Chicago, or the Federal Reserve Bank of St. Louis, as | ||||||
| 4 | determined by federal law. | ||||||
| 5 | "Bank" means any person doing a banking business whether | ||||||
| 6 | subject to the laws of this or any other jurisdiction. | ||||||
| 7 | A "banking house", "branch", "branch bank", or "branch | ||||||
| 8 | office" shall mean any place of business of a bank at which | ||||||
| 9 | deposits are received, checks paid, or loans made, but shall | ||||||
| 10 | not include any place at which only records thereof are made, | ||||||
| 11 | posted, or kept. A place of business at which deposits are | ||||||
| 12 | received, checks paid, or loans made shall not be deemed to be | ||||||
| 13 | a branch, branch bank, or branch office if the place of | ||||||
| 14 | business is adjacent to and connected with the main banking | ||||||
| 15 | premises, or if it is separated from the main banking premises | ||||||
| 16 | by not more than an alley; provided always that (i) if the | ||||||
| 17 | place of business is separated by an alley from the main | ||||||
| 18 | banking premises there is a connection between the two by | ||||||
| 19 | public or private way or by subterranean or overhead passage, | ||||||
| 20 | and (ii) if the place of business is in a building not wholly | ||||||
| 21 | occupied by the bank, the place of business shall not be within | ||||||
| 22 | any office or room in which any other business or service of | ||||||
| 23 | any kind or nature other than the business of the bank is | ||||||
| 24 | conducted or carried on. A place of business at which deposits | ||||||
| 25 | are received, checks paid, or loans made shall not be deemed to | ||||||
| 26 | be a branch, branch bank, or branch office (i) of any bank if | ||||||
| |||||||
| |||||||
| 1 | the place is a terminal established and maintained in | ||||||
| 2 | accordance with paragraph (17) of Section 5 of this Act, or | ||||||
| 3 | (ii) of a commonly owned bank by virtue of transactions | ||||||
| 4 | conducted at that place on behalf of the other commonly owned | ||||||
| 5 | bank under paragraph (23) of Section 5 of this Act if the place | ||||||
| 6 | is an affiliate facility with respect to the other bank. | ||||||
| 7 | "Branch of an out-of-state bank" means a branch | ||||||
| 8 | established or maintained in Illinois by an out-of-state bank | ||||||
| 9 | as a result of a merger between an Illinois bank and the | ||||||
| 10 | out-of-state bank that occurs on or after May 31, 1997, or any | ||||||
| 11 | branch established by the out-of-state bank following the | ||||||
| 12 | merger. | ||||||
| 13 | "Bylaws" means the bylaws of a bank that are adopted by the | ||||||
| 14 | bank's board of directors or shareholders for the regulation | ||||||
| 15 | and management of the bank's affairs. If the bank operates as a | ||||||
| 16 | limited liability company, however, "bylaws" means the | ||||||
| 17 | operating agreement of the bank. | ||||||
| 18 | "Call report fee" means the fee to be paid to the | ||||||
| 19 | Commissioner by each State bank pursuant to paragraph (a) of | ||||||
| 20 | subsection (3) of Section 48 of this Act. | ||||||
| 21 | "Capital" includes the aggregate of outstanding capital | ||||||
| 22 | stock and preferred stock. | ||||||
| 23 | "Cash flow reserve account" means the account within the | ||||||
| 24 | books and records of the Commissioner of Banks and Real Estate | ||||||
| 25 | used to record funds designated to maintain a reasonable Bank | ||||||
| 26 | and Trust Company Fund operating balance to meet agency | ||||||
| |||||||
| |||||||
| 1 | obligations on a timely basis. | ||||||
| 2 | "Charter" includes the original charter and all amendments | ||||||
| 3 | thereto and articles of merger or consolidation. | ||||||
| 4 | "Commissioner" means the Commissioner of Banks and Real | ||||||
| 5 | Estate, except that beginning on April 6, 2009 (the effective | ||||||
| 6 | date of Public Act 95-1047), all references in this Act to the | ||||||
| 7 | Commissioner of Banks and Real Estate are deemed, in | ||||||
| 8 | appropriate contexts, to be references to the Secretary of | ||||||
| 9 | Financial and Professional Regulation. | ||||||
| 10 | "Commonly owned banks" means 2 or more banks that each | ||||||
| 11 | qualify as a bank subsidiary of the same bank holding company | ||||||
| 12 | pursuant to Section 18 of the Federal Deposit Insurance Act; | ||||||
| 13 | "commonly owned bank" refers to one of a group of commonly | ||||||
| 14 | owned banks but only with respect to one or more of the other | ||||||
| 15 | banks in the same group. | ||||||
| 16 | "Community" means a city, village, or incorporated town | ||||||
| 17 | and also includes the area served by the banking offices of a | ||||||
| 18 | bank, but need not be limited or expanded to conform to the | ||||||
| 19 | geographic boundaries of units of local government. | ||||||
| 20 | "Company" means a corporation, limited liability company, | ||||||
| 21 | partnership, business trust, association, or similar | ||||||
| 22 | organization and, unless specifically excluded, includes a | ||||||
| 23 | "State bank" and a "bank". | ||||||
| 24 | "Consolidating bank" means a party to a consolidation. | ||||||
| 25 | "Consolidation" takes place when 2 or more banks, or a | ||||||
| 26 | trust company and a bank, are extinguished and by the same | ||||||
| |||||||
| |||||||
| 1 | process a new bank is created, taking over the assets and | ||||||
| 2 | assuming the liabilities of the banks or trust company passing | ||||||
| 3 | out of existence. | ||||||
| 4 | "Continuing bank" means a merging bank, the charter of | ||||||
| 5 | which becomes the charter of the resulting bank. | ||||||
| 6 | "Converting bank" means a State bank converting to become | ||||||
| 7 | a national bank, or a national bank converting to become a | ||||||
| 8 | State bank. | ||||||
| 9 | "Converting trust company" means a trust company | ||||||
| 10 | converting to become a State bank. | ||||||
| 11 | "Court" means a court of competent jurisdiction. | ||||||
| 12 | "Director" means a member of the board of directors of a | ||||||
| 13 | bank. In the case of a manager-managed limited liability | ||||||
| 14 | company, however, "director" means a manager of the bank and, | ||||||
| 15 | in the case of a member-managed limited liability company, | ||||||
| 16 | "director" means a member of the bank. The term "director" | ||||||
| 17 | does not include an advisory director, honorary director, | ||||||
| 18 | director emeritus, or similar person, unless the person is | ||||||
| 19 | otherwise performing functions similar to those of a member of | ||||||
| 20 | the board of directors. | ||||||
| 21 | "Director of Banking" means the Director of the Division | ||||||
| 22 | of Banking of the Department of Financial and Professional | ||||||
| 23 | Regulation. | ||||||
| 24 | "Eligible depository institution" means an insured savings | ||||||
| 25 | association that is in default, an insured savings association | ||||||
| 26 | that is in danger of default, a State or national bank that is | ||||||
| |||||||
| |||||||
| 1 | in default or a State or national bank that is in danger of | ||||||
| 2 | default, as those terms are defined in this Section, or a new | ||||||
| 3 | bank as that term is defined in Section 11(m) of the Federal | ||||||
| 4 | Deposit Insurance Act or a bridge bank as that term is defined | ||||||
| 5 | in Section 11(n) of the Federal Deposit Insurance Act or a new | ||||||
| 6 | federal savings association authorized under Section | ||||||
| 7 | 11(d)(2)(f) of the Federal Deposit Insurance Act. | ||||||
| 8 | "Fiduciary" means trustee, agent, executor, administrator, | ||||||
| 9 | committee, guardian for a minor or for a person under legal | ||||||
| 10 | disability, receiver, trustee in bankruptcy, assignee for | ||||||
| 11 | creditors, or any holder of similar position of trust. | ||||||
| 12 | "Financial institution" means a bank, savings bank, | ||||||
| 13 | savings and loan association, credit union, or any licensee | ||||||
| 14 | under the Consumer Installment Loan Act or the Sales Finance | ||||||
| 15 | Agency Act and, for purposes of Section 48.3, any proprietary | ||||||
| 16 | network, funds transfer corporation, or other entity providing | ||||||
| 17 | electronic funds transfer services, or any corporate | ||||||
| 18 | fiduciary, its subsidiaries, affiliates, parent company, or | ||||||
| 19 | contractual service provider that is examined by the | ||||||
| 20 | Commissioner. For purposes of Section 5c and subsection (b) of | ||||||
| 21 | Section 13 of this Act, "financial institution" includes any | ||||||
| 22 | proprietary network, funds transfer corporation, or other | ||||||
| 23 | entity providing electronic funds transfer services, and any | ||||||
| 24 | corporate fiduciary. | ||||||
| 25 | "Foundation" means the Illinois Bank Examiners' Education | ||||||
| 26 | Foundation. | ||||||
| |||||||
| |||||||
| 1 | "General obligation" means a bond, note, debenture, | ||||||
| 2 | security, or other instrument evidencing an obligation of the | ||||||
| 3 | government entity that is the issuer that is supported by the | ||||||
| 4 | full available resources of the issuer, the principal and | ||||||
| 5 | interest of which is payable in whole or in part by taxation. | ||||||
| 6 | "Guarantee" means an undertaking or promise to answer for | ||||||
| 7 | payment of another's debt or performance of another's duty, | ||||||
| 8 | liability, or obligation whether "payment guaranteed" or | ||||||
| 9 | "collection guaranteed". | ||||||
| 10 | "In danger of default" means a State or national bank, a | ||||||
| 11 | federally chartered insured savings association, or an | ||||||
| 12 | Illinois state chartered insured savings association with | ||||||
| 13 | respect to which the Commissioner or the appropriate federal | ||||||
| 14 | banking agency has advised the Federal Deposit Insurance | ||||||
| 15 | Corporation that: | ||||||
| 16 | (1) in the opinion of the Commissioner or the | ||||||
| 17 | appropriate federal banking agency, | ||||||
| 18 | (A) the State or national bank or insured savings | ||||||
| 19 | association is not likely to be able to meet the | ||||||
| 20 | demands of the State or national bank's or savings | ||||||
| 21 | association's obligations in the normal course of | ||||||
| 22 | business; and | ||||||
| 23 | (B) there is no reasonable prospect that the State | ||||||
| 24 | or national bank or insured savings association will | ||||||
| 25 | be able to meet those demands or pay those obligations | ||||||
| 26 | without federal assistance; or | ||||||
| |||||||
| |||||||
| 1 | (2) in the opinion of the Commissioner or the | ||||||
| 2 | appropriate federal banking agency, | ||||||
| 3 | (A) the State or national bank or insured savings | ||||||
| 4 | association has incurred or is likely to incur losses | ||||||
| 5 | that will deplete all or substantially all of its | ||||||
| 6 | capital; and | ||||||
| 7 | (B) there is no reasonable prospect that the | ||||||
| 8 | capital of the State or national bank or insured | ||||||
| 9 | savings association will be replenished without | ||||||
| 10 | federal assistance. | ||||||
| 11 | "In default" means, with respect to a State or national | ||||||
| 12 | bank or an insured savings association, any adjudication or | ||||||
| 13 | other official determination by any court of competent | ||||||
| 14 | jurisdiction, the Commissioner, the appropriate federal | ||||||
| 15 | banking agency, or other public authority pursuant to which a | ||||||
| 16 | conservator, receiver, or other legal custodian is appointed | ||||||
| 17 | for a State or national bank or an insured savings | ||||||
| 18 | association. | ||||||
| 19 | "Insured savings association" means any federal savings | ||||||
| 20 | association chartered under Section 5 of the federal Home | ||||||
| 21 | Owners' Loan Act and any State savings association chartered | ||||||
| 22 | under the Illinois Savings and Loan Act of 1985 or a | ||||||
| 23 | predecessor Illinois statute, the deposits of which are | ||||||
| 24 | insured by the Federal Deposit Insurance Corporation. The term | ||||||
| 25 | also includes a savings bank organized or operating under the | ||||||
| 26 | Savings Bank Act. | ||||||
| |||||||
| |||||||
| 1 | "Insured savings association in recovery" means an insured | ||||||
| 2 | savings association that is not an eligible depository | ||||||
| 3 | institution and that does not meet the minimum capital | ||||||
| 4 | requirements applicable with respect to the insured savings | ||||||
| 5 | association. | ||||||
| 6 | "Issuer" means for purposes of Section 33 every person who | ||||||
| 7 | shall have issued or proposed to issue any security; except | ||||||
| 8 | that (1) with respect to certificates of deposit, voting trust | ||||||
| 9 | certificates, collateral-trust certificates, and certificates | ||||||
| 10 | of interest or shares in an unincorporated investment trust | ||||||
| 11 | not having a board of directors (or persons performing similar | ||||||
| 12 | functions), "issuer" means the person or persons performing | ||||||
| 13 | the acts and assuming the duties of depositor or manager | ||||||
| 14 | pursuant to the provisions of the trust, agreement, or | ||||||
| 15 | instrument under which the securities are issued; (2) with | ||||||
| 16 | respect to trusts other than those specified in clause (1) | ||||||
| 17 | above, where the trustee is a corporation authorized to accept | ||||||
| 18 | and execute trusts, "issuer" means the entrusters, depositors, | ||||||
| 19 | or creators of the trust and any manager or committee charged | ||||||
| 20 | with the general direction of the affairs of the trust | ||||||
| 21 | pursuant to the provisions of the agreement or instrument | ||||||
| 22 | creating the trust; and (3) with respect to equipment trust | ||||||
| 23 | certificates or like securities, "issuer" means the person to | ||||||
| 24 | whom the equipment or property is or is to be leased or | ||||||
| 25 | conditionally sold. | ||||||
| 26 | "Letter of credit" and "customer" shall have the meanings | ||||||
| |||||||
| |||||||
| 1 | ascribed to those terms in Section 5-102 of the Uniform | ||||||
| 2 | Commercial Code. | ||||||
| 3 | "Main banking premises" means the location that is | ||||||
| 4 | designated in a bank's charter as its main office. | ||||||
| 5 | "Maker or obligor" means for purposes of Section 33 the | ||||||
| 6 | issuer of a security, the promisor in a debenture or other debt | ||||||
| 7 | security, or the mortgagor or grantor of a trust deed or | ||||||
| 8 | similar conveyance of a security interest in real or personal | ||||||
| 9 | property. | ||||||
| 10 | "Merged bank" means a merging bank that is not the | ||||||
| 11 | continuing, resulting, or surviving bank in a consolidation or | ||||||
| 12 | merger. | ||||||
| 13 | "Merger" includes consolidation. | ||||||
| 14 | "Merging bank" means a party to a bank merger. | ||||||
| 15 | "Merging trust company" means a trust company party to a | ||||||
| 16 | merger with a State bank. | ||||||
| 17 | "Mid-tier bank holding company" means a corporation that | ||||||
| 18 | (a) owns 100% of the issued and outstanding shares of each | ||||||
| 19 | class of stock of a State bank, (b) has no other subsidiaries, | ||||||
| 20 | and (c) 100% of the issued and outstanding shares of the | ||||||
| 21 | corporation are owned by a parent bank holding company. | ||||||
| 22 | "Municipality" means any municipality, political | ||||||
| 23 | subdivision, school district, taxing district, or agency. | ||||||
| 24 | "National bank" means a national banking association | ||||||
| 25 | located in this State and after May 31, 1997, means a national | ||||||
| 26 | banking association without regard to its location. | ||||||
| |||||||
| |||||||
| 1 | "Out-of-state bank" means a bank chartered under the laws | ||||||
| 2 | of a state other than Illinois, a territory of the United | ||||||
| 3 | States, or the District of Columbia. | ||||||
| 4 | "Parent bank holding company" means a corporation that is | ||||||
| 5 | a bank holding company as that term is defined in the Illinois | ||||||
| 6 | Bank Holding Company Act of 1957 and owns 100% of the issued | ||||||
| 7 | and outstanding shares of a mid-tier bank holding company. | ||||||
| 8 | "Person" means an individual, corporation, limited | ||||||
| 9 | liability company, partnership, joint venture, trust, estate, | ||||||
| 10 | or unincorporated association. | ||||||
| 11 | "Public agency" means the State of Illinois, the various | ||||||
| 12 | counties, townships, cities, towns, villages, school | ||||||
| 13 | districts, educational service regions, special road | ||||||
| 14 | districts, public water supply districts, fire protection | ||||||
| 15 | districts, drainage districts, levee districts, sewer | ||||||
| 16 | districts, housing authorities, the Illinois Bank Examiners' | ||||||
| 17 | Education Foundation, the Chicago Park District, and all other | ||||||
| 18 | political corporations or subdivisions of the State of | ||||||
| 19 | Illinois, whether now or hereafter created, whether herein | ||||||
| 20 | specifically mentioned or not, and shall also include any | ||||||
| 21 | other state or any political corporation or subdivision of | ||||||
| 22 | another state. | ||||||
| 23 | "Public funds" or "public money" means current operating | ||||||
| 24 | funds, special funds, interest and sinking funds, and funds of | ||||||
| 25 | any kind or character belonging to, in the custody of, or | ||||||
| 26 | subject to the control or regulation of the United States or a | ||||||
| |||||||
| |||||||
| 1 | public agency. "Public funds" or "public money" shall include | ||||||
| 2 | funds held by any of the officers, agents, or employees of the | ||||||
| 3 | United States or of a public agency in the course of their | ||||||
| 4 | official duties and, with respect to public money of the | ||||||
| 5 | United States, shall include Postal Savings funds. | ||||||
| 6 | "Published" means, unless the context requires otherwise, | ||||||
| 7 | the publishing of the notice or instrument referred to in some | ||||||
| 8 | newspaper of general circulation in the community in which the | ||||||
| 9 | bank is located at least once each week for 3 successive weeks. | ||||||
| 10 | Publishing shall be accomplished by, and at the expense of, | ||||||
| 11 | the bank required to publish. Where publishing is required, | ||||||
| 12 | the bank shall submit to the Commissioner that evidence of the | ||||||
| 13 | publication as the Commissioner shall deem appropriate. | ||||||
| 14 | "Qualified financial contract" means any security | ||||||
| 15 | contract, commodity contract, forward contract, including spot | ||||||
| 16 | and forward foreign exchange contracts, repurchase agreement, | ||||||
| 17 | swap agreement, and any similar agreement, any option to enter | ||||||
| 18 | into any such agreement, including any combination of the | ||||||
| 19 | foregoing, and any master agreement for such agreements. A | ||||||
| 20 | master agreement, together with all supplements thereto, shall | ||||||
| 21 | be treated as one qualified financial contract. The contract, | ||||||
| 22 | option, agreement, or combination of contracts, options, or | ||||||
| 23 | agreements shall be reflected upon the books, accounts, or | ||||||
| 24 | records of the bank, or a party to the contract shall provide | ||||||
| 25 | documentary evidence of such agreement. | ||||||
| 26 | "Recorded" means the filing or recording of the notice or | ||||||
| |||||||
| |||||||
| 1 | instrument referred to in the office of the Recorder of the | ||||||
| 2 | county wherein the bank is located. | ||||||
| 3 | "Resulting bank" means the bank resulting from a merger or | ||||||
| 4 | conversion. | ||||||
| 5 | "Secretary" means the Secretary of Financial and | ||||||
| 6 | Professional Regulation, or a person authorized by the | ||||||
| 7 | Secretary or by this Act to act in the Secretary's stead. | ||||||
| 8 | "Securities" means stocks, bonds, debentures, notes, or | ||||||
| 9 | other similar obligations. | ||||||
| 10 | "Stand-by letter of credit" means a letter of credit under | ||||||
| 11 | which drafts are payable upon the condition the customer has | ||||||
| 12 | defaulted in performance of a duty, liability, or obligation. | ||||||
| 13 | "State bank" means any banking corporation that has a | ||||||
| 14 | banking charter issued by the Commissioner under this Act. | ||||||
| 15 | "State Banking Board" means the State Banking Board of | ||||||
| 16 | Illinois. | ||||||
| 17 | "Subsidiary" with respect to a specified company means a | ||||||
| 18 | company that is controlled by the specified company. For | ||||||
| 19 | purposes of paragraphs (8) and (12) of Section 5 of this Act, | ||||||
| 20 | "control" means the exercise of operational or managerial | ||||||
| 21 | control of a corporation by the bank, either alone or together | ||||||
| 22 | with other affiliates of the bank. | ||||||
| 23 | "Surplus" means the aggregate of (i) amounts paid in | ||||||
| 24 | excess of the par value of capital stock and preferred stock; | ||||||
| 25 | (ii) amounts contributed other than for capital stock and | ||||||
| 26 | preferred stock and allocated to the surplus account; and | ||||||
| |||||||
| |||||||
| 1 | (iii) amounts transferred from undivided profits. | ||||||
| 2 | "Tier 1 Capital" and "Tier 2 Capital" have the meanings | ||||||
| 3 | assigned to those terms in regulations promulgated for the | ||||||
| 4 | appropriate federal banking agency of a state bank, as those | ||||||
| 5 | regulations are now or hereafter amended. | ||||||
| 6 | "Trust company" means a limited liability company or | ||||||
| 7 | corporation incorporated in this State for the purpose of | ||||||
| 8 | accepting and executing trusts. | ||||||
| 9 | "Undivided profits" means undistributed earnings less | ||||||
| 10 | discretionary transfers to surplus. | ||||||
| 11 | "Unimpaired capital and unimpaired surplus", for the | ||||||
| 12 | purposes of paragraph (21) of Section 5 and Sections 32, 33, | ||||||
| 13 | 34, 35.1, 35.2, and 47 of this Act means the sum of the state | ||||||
| 14 | bank's Tier 1 Capital and Tier 2 Capital plus such other | ||||||
| 15 | shareholder equity as may be included by regulation of the | ||||||
| 16 | Commissioner. Unimpaired capital and unimpaired surplus shall | ||||||
| 17 | be calculated on the basis of the date of the last quarterly | ||||||
| 18 | call report filed with the Commissioner preceding the date of | ||||||
| 19 | the transaction for which the calculation is made, provided | ||||||
| 20 | that: (i) when a material event occurs after the date of the | ||||||
| 21 | last quarterly call report filed with the Commissioner that | ||||||
| 22 | reduces or increases the bank's unimpaired capital and | ||||||
| 23 | unimpaired surplus by 10% or more, then the unimpaired capital | ||||||
| 24 | and unimpaired surplus shall be calculated from the date of | ||||||
| 25 | the material event for a transaction conducted after the date | ||||||
| 26 | of the material event; and (ii) if the Commissioner determines | ||||||
| |||||||
| |||||||
| 1 | for safety and soundness reasons that a state bank should | ||||||
| 2 | calculate unimpaired capital and unimpaired surplus more | ||||||
| 3 | frequently than provided by this paragraph, the Commissioner | ||||||
| 4 | may by written notice direct the bank to calculate unimpaired | ||||||
| 5 | capital and unimpaired surplus at a more frequent interval. In | ||||||
| 6 | the case of a state bank newly chartered under Section 13 or a | ||||||
| 7 | state bank resulting from a merger, consolidation, or | ||||||
| 8 | conversion under Sections 21 through 26 for which no preceding | ||||||
| 9 | quarterly call report has been filed with the Commissioner, | ||||||
| 10 | unimpaired capital and unimpaired surplus shall be calculated | ||||||
| 11 | for the first calendar quarter on the basis of the effective | ||||||
| 12 | date of the charter, merger, consolidation, or conversion. | ||||||
| 13 | (Source: P.A. 95-924, eff. 8-26-08; 95-1047, eff. 4-6-09; | ||||||
| 14 | 96-1000, eff. 7-2-10; 96-1163, eff. 1-1-11; revised 8-6-24.)
| ||||||
| 15 | Section 725. The Assisted Living and Shared Housing Act is | ||||||
| 16 | amended by changing Section 10 as follows:
| ||||||
| 17 | (210 ILCS 9/10) | ||||||
| 18 | (Text of Section before amendment by P.A. 103-844) | ||||||
| 19 | Sec. 10. Definitions. For purposes of this Act: | ||||||
| 20 | "Activities of daily living" means eating, dressing, | ||||||
| 21 | bathing, toileting, transferring, or personal hygiene. | ||||||
| 22 | "Assisted living establishment" or "establishment" means a | ||||||
| 23 | home, building, residence, or any other place where sleeping | ||||||
| 24 | accommodations are provided for at least 3 unrelated adults, | ||||||
| |||||||
| |||||||
| 1 | at least 80% of whom are 55 years of age or older and where the | ||||||
| 2 | following are provided consistent with the purposes of this | ||||||
| 3 | Act: | ||||||
| 4 | (1) services consistent with a social model that is | ||||||
| 5 | based on the premise that the resident's unit in assisted | ||||||
| 6 | living and shared housing is his or her own home; | ||||||
| 7 | (2) community-based residential care for persons who | ||||||
| 8 | need assistance with activities of daily living, including | ||||||
| 9 | personal, supportive, and intermittent health-related | ||||||
| 10 | services available 24 hours per day, if needed, to meet | ||||||
| 11 | the scheduled and unscheduled needs of a resident; | ||||||
| 12 | (3) mandatory services, whether provided directly by | ||||||
| 13 | the establishment or by another entity arranged for by the | ||||||
| 14 | establishment, with the consent of the resident or | ||||||
| 15 | resident's representative; and | ||||||
| 16 | (4) a physical environment that is a homelike setting | ||||||
| 17 | that includes the following and such other elements as | ||||||
| 18 | established by the Department: individual living units | ||||||
| 19 | each of which shall accommodate small kitchen appliances | ||||||
| 20 | and contain private bathing, washing, and toilet | ||||||
| 21 | facilities, or private washing and toilet facilities with | ||||||
| 22 | a common bathing room readily accessible to each resident. | ||||||
| 23 | Units shall be maintained for single occupancy except in | ||||||
| 24 | cases in which 2 residents choose to share a unit. | ||||||
| 25 | Sufficient common space shall exist to permit individual | ||||||
| 26 | and group activities. | ||||||
| |||||||
| |||||||
| 1 | "Assisted living establishment" or "establishment" does | ||||||
| 2 | not mean any of the following: | ||||||
| 3 | (1) A home, institution, or similar place operated by | ||||||
| 4 | the federal government or the State of Illinois. | ||||||
| 5 | (2) A long term care facility licensed under the | ||||||
| 6 | Nursing Home Care Act, a facility licensed under the | ||||||
| 7 | Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
| 8 | facility licensed under the ID/DD Community Care Act, or a | ||||||
| 9 | facility licensed under the MC/DD Act. However, a facility | ||||||
| 10 | licensed under any of those Acts may convert distinct | ||||||
| 11 | parts of the facility to assisted living. If the facility | ||||||
| 12 | elects to do so, the facility shall retain the Certificate | ||||||
| 13 | of Need for its nursing and sheltered care beds that were | ||||||
| 14 | converted. | ||||||
| 15 | (3) A hospital, sanitarium, or other institution, the | ||||||
| 16 | principal activity or business of which is the diagnosis, | ||||||
| 17 | care, and treatment of human illness and that is required | ||||||
| 18 | to be licensed under the Hospital Licensing Act. | ||||||
| 19 | (4) A facility for child care as defined in the Child | ||||||
| 20 | Care Act of 1969. | ||||||
| 21 | (5) A community living facility as defined in the | ||||||
| 22 | Community Living Facilities Licensing Act. | ||||||
| 23 | (6) A nursing home or sanitarium operated solely by | ||||||
| 24 | and for persons who rely exclusively upon treatment by | ||||||
| 25 | spiritual means through prayer in accordance with the | ||||||
| 26 | creed or tenants of a well-recognized church or religious | ||||||
| |||||||
| |||||||
| 1 | denomination. | ||||||
| 2 | (7) A facility licensed by the Department of Human | ||||||
| 3 | Services as a community-integrated living arrangement as | ||||||
| 4 | defined in the Community-Integrated Living Arrangements | ||||||
| 5 | Licensure and Certification Act. | ||||||
| 6 | (8) A supportive residence licensed under the | ||||||
| 7 | Supportive Residences Licensing Act. | ||||||
| 8 | (9) The portion of a life care facility as defined in | ||||||
| 9 | the Life Care Facilities Act not licensed as an assisted | ||||||
| 10 | living establishment under this Act; a life care facility | ||||||
| 11 | may apply under this Act to convert sections of the | ||||||
| 12 | community to assisted living. | ||||||
| 13 | (10) A free-standing hospice facility licensed under | ||||||
| 14 | the Hospice Program Licensing Act. | ||||||
| 15 | (11) A shared housing establishment. | ||||||
| 16 | (12) A supportive living facility as described in | ||||||
| 17 | Section 5-5.01a of the Illinois Public Aid Code. | ||||||
| 18 | "Certified medication aide" means a person who has met the | ||||||
| 19 | qualifications for certification under Section 79 and assists | ||||||
| 20 | with medication administration while under the supervision of | ||||||
| 21 | a registered professional nurse as authorized by Section 50-75 | ||||||
| 22 | of the Nurse Practice Act in an assisted living establishment. | ||||||
| 23 | "Department" means the Department of Public Health. | ||||||
| 24 | "Director" means the Director of Public Health. | ||||||
| 25 | "Emergency situation" means imminent danger of death or | ||||||
| 26 | serious physical harm to a resident of an establishment. | ||||||
| |||||||
| |||||||
| 1 | "License" means any of the following types of licenses | ||||||
| 2 | issued to an applicant or licensee by the Department: | ||||||
| 3 | (1) "Probationary license" means a license issued to | ||||||
| 4 | an applicant or licensee that has not held a license under | ||||||
| 5 | this Act prior to its application or pursuant to a license | ||||||
| 6 | transfer in accordance with Section 50 of this Act. | ||||||
| 7 | (2) "Regular license" means a license issued by the | ||||||
| 8 | Department to an applicant or licensee that is in | ||||||
| 9 | substantial compliance with this Act and any rules | ||||||
| 10 | promulgated under this Act. | ||||||
| 11 | "Licensee" means a person, agency, association, | ||||||
| 12 | corporation, partnership, or organization that has been issued | ||||||
| 13 | a license to operate an assisted living or shared housing | ||||||
| 14 | establishment. | ||||||
| 15 | "Licensed health care professional" means a registered | ||||||
| 16 | professional nurse, an advanced practice registered nurse, a | ||||||
| 17 | physician assistant, and a licensed practical nurse. | ||||||
| 18 | "Mandatory services" include the following: | ||||||
| 19 | (1) 3 meals per day available to the residents | ||||||
| 20 | prepared by the establishment or an outside contractor; | ||||||
| 21 | (2) housekeeping services including, but not limited | ||||||
| 22 | to, vacuuming, dusting, and cleaning the resident's unit; | ||||||
| 23 | (3) personal laundry and linen services available to | ||||||
| 24 | the residents provided or arranged for by the | ||||||
| 25 | establishment; | ||||||
| 26 | (4) security provided 24 hours each day including, but | ||||||
| |||||||
| |||||||
| 1 | not limited to, locked entrances or building or contract | ||||||
| 2 | security personnel; | ||||||
| 3 | (5) an emergency communication response system, which | ||||||
| 4 | is a procedure in place 24 hours each day by which a | ||||||
| 5 | resident can notify building management, an emergency | ||||||
| 6 | response vendor, or others able to respond to his or her | ||||||
| 7 | need for assistance; and | ||||||
| 8 | (6) assistance with activities of daily living as | ||||||
| 9 | required by each resident. | ||||||
| 10 | "Negotiated risk" is the process by which a resident, or | ||||||
| 11 | his or her representative, may formally negotiate with | ||||||
| 12 | providers what risks each are willing and unwilling to assume | ||||||
| 13 | in service provision and the resident's living environment. | ||||||
| 14 | The provider assures that the resident and the resident's | ||||||
| 15 | representative, if any, are informed of the risks of these | ||||||
| 16 | decisions and of the potential consequences of assuming these | ||||||
| 17 | risks. | ||||||
| 18 | "Owner" means the individual, partnership, corporation, | ||||||
| 19 | association, or other person who owns an assisted living or | ||||||
| 20 | shared housing establishment. In the event an assisted living | ||||||
| 21 | or shared housing establishment is operated by a person who | ||||||
| 22 | leases or manages the physical plant, which is owned by | ||||||
| 23 | another person, "owner" means the person who operates the | ||||||
| 24 | assisted living or shared housing establishment, except that | ||||||
| 25 | if the person who owns the physical plant is an affiliate of | ||||||
| 26 | the person who operates the assisted living or shared housing | ||||||
| |||||||
| |||||||
| 1 | establishment and has significant control over the day to day | ||||||
| 2 | operations of the assisted living or shared housing | ||||||
| 3 | establishment, the person who owns the physical plant shall | ||||||
| 4 | incur jointly and severally with the owner all liabilities | ||||||
| 5 | imposed on an owner under this Act. | ||||||
| 6 | "Physician" means a person licensed under the Medical | ||||||
| 7 | Practice Act of 1987 to practice medicine in all of its | ||||||
| 8 | branches. | ||||||
| 9 | "Program" means the Certified Medication Aide Program. | ||||||
| 10 | "Qualified establishment" means an assisted living and | ||||||
| 11 | shared housing establishment licensed by the Department of | ||||||
| 12 | Public Health. | ||||||
| 13 | "Resident" means a person residing in an assisted living | ||||||
| 14 | or shared housing establishment. | ||||||
| 15 | "Resident's representative" means a person, other than the | ||||||
| 16 | owner, agent, or employee of an establishment or of the health | ||||||
| 17 | care provider unless related to the resident, designated in | ||||||
| 18 | writing by a resident to be his or her representative. This | ||||||
| 19 | designation may be accomplished through the Illinois Power of | ||||||
| 20 | Attorney Act, pursuant to the guardianship process under the | ||||||
| 21 | Probate Act of 1975, or pursuant to an executed designation of | ||||||
| 22 | representative form specified by the Department. | ||||||
| 23 | "Self" means the individual or the individual's designated | ||||||
| 24 | representative. | ||||||
| 25 | "Shared housing establishment" or "establishment" means a | ||||||
| 26 | publicly or privately operated free-standing residence for 16 | ||||||
| |||||||
| |||||||
| 1 | or fewer persons, at least 80% of whom are 55 years of age or | ||||||
| 2 | older and who are unrelated to the owners and one manager of | ||||||
| 3 | the residence, where the following are provided: | ||||||
| 4 | (1) services consistent with a social model that is | ||||||
| 5 | based on the premise that the resident's unit is his or her | ||||||
| 6 | own home; | ||||||
| 7 | (2) community-based residential care for persons who | ||||||
| 8 | need assistance with activities of daily living, including | ||||||
| 9 | housing and personal, supportive, and intermittent | ||||||
| 10 | health-related services available 24 hours per day, if | ||||||
| 11 | needed, to meet the scheduled and unscheduled needs of a | ||||||
| 12 | resident; and | ||||||
| 13 | (3) mandatory services, whether provided directly by | ||||||
| 14 | the establishment or by another entity arranged for by the | ||||||
| 15 | establishment, with the consent of the resident or the | ||||||
| 16 | resident's representative. | ||||||
| 17 | "Shared housing establishment" or "establishment" does not | ||||||
| 18 | mean any of the following: | ||||||
| 19 | (1) A home, institution, or similar place operated by | ||||||
| 20 | the federal government or the State of Illinois. | ||||||
| 21 | (2) A long term care facility licensed under the | ||||||
| 22 | Nursing Home Care Act, a facility licensed under the | ||||||
| 23 | Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
| 24 | facility licensed under the ID/DD Community Care Act, or a | ||||||
| 25 | facility licensed under the MC/DD Act. A facility licensed | ||||||
| 26 | under any of those Acts may, however, convert sections of | ||||||
| |||||||
| |||||||
| 1 | the facility to assisted living. If the facility elects to | ||||||
| 2 | do so, the facility shall retain the Certificate of Need | ||||||
| 3 | for its nursing beds that were converted. | ||||||
| 4 | (3) A hospital, sanitarium, or other institution, the | ||||||
| 5 | principal activity or business of which is the diagnosis, | ||||||
| 6 | care, and treatment of human illness and that is required | ||||||
| 7 | to be licensed under the Hospital Licensing Act. | ||||||
| 8 | (4) A facility for child care as defined in the Child | ||||||
| 9 | Care Act of 1969. | ||||||
| 10 | (5) A community living facility as defined in the | ||||||
| 11 | Community Living Facilities Licensing Act. | ||||||
| 12 | (6) A nursing home or sanitarium operated solely by | ||||||
| 13 | and for persons who rely exclusively upon treatment by | ||||||
| 14 | spiritual means through prayer in accordance with the | ||||||
| 15 | creed or tenants of a well-recognized church or religious | ||||||
| 16 | denomination. | ||||||
| 17 | (7) A facility licensed by the Department of Human | ||||||
| 18 | Services as a community-integrated living arrangement as | ||||||
| 19 | defined in the Community-Integrated Living Arrangements | ||||||
| 20 | Licensure and Certification Act. | ||||||
| 21 | (8) A supportive residence licensed under the | ||||||
| 22 | Supportive Residences Licensing Act. | ||||||
| 23 | (9) A life care facility as defined in the Life Care | ||||||
| 24 | Facilities Act; a life care facility may apply under this | ||||||
| 25 | Act to convert sections of the community to assisted | ||||||
| 26 | living. | ||||||
| |||||||
| |||||||
| 1 | (10) A free-standing hospice facility licensed under | ||||||
| 2 | the Hospice Program Licensing Act. | ||||||
| 3 | (11) An assisted living establishment. | ||||||
| 4 | (12) A supportive living facility as described in | ||||||
| 5 | Section 5-5.01a of the Illinois Public Aid Code. | ||||||
| 6 | "Total assistance" means that staff or another individual | ||||||
| 7 | performs the entire activity of daily living without | ||||||
| 8 | participation by the resident. | ||||||
| 9 | (Source: P.A. 103-886, eff. 8-9-24.)
| ||||||
| 10 | (Text of Section after amendment by P.A. 103-844) | ||||||
| 11 | Sec. 10. Definitions. For purposes of this Act: | ||||||
| 12 | "Activities of daily living" means eating, dressing, | ||||||
| 13 | bathing, toileting, transferring, or personal hygiene. | ||||||
| 14 | "Assisted living establishment" or "establishment" means a | ||||||
| 15 | home, building, residence, or any other place where sleeping | ||||||
| 16 | accommodations are provided for at least 3 unrelated adults, | ||||||
| 17 | at least 80% of whom are 55 years of age or older and where the | ||||||
| 18 | following are provided consistent with the purposes of this | ||||||
| 19 | Act: | ||||||
| 20 | (1) services consistent with a social model that is | ||||||
| 21 | based on the premise that the resident's unit in assisted | ||||||
| 22 | living and shared housing is his or her own home; | ||||||
| 23 | (2) community-based residential care for persons who | ||||||
| 24 | need assistance with activities of daily living, including | ||||||
| 25 | personal, supportive, and intermittent health-related | ||||||
| |||||||
| |||||||
| 1 | services available 24 hours per day, if needed, to meet | ||||||
| 2 | the scheduled and unscheduled needs of a resident; | ||||||
| 3 | (3) mandatory services, whether provided directly by | ||||||
| 4 | the establishment or by another entity arranged for by the | ||||||
| 5 | establishment, with the consent of the resident or | ||||||
| 6 | resident's representative; and | ||||||
| 7 | (4) a physical environment that is a homelike setting | ||||||
| 8 | that includes the following and such other elements as | ||||||
| 9 | established by the Department: individual living units | ||||||
| 10 | each of which shall accommodate small kitchen appliances | ||||||
| 11 | and contain private bathing, washing, and toilet | ||||||
| 12 | facilities, or private washing and toilet facilities with | ||||||
| 13 | a common bathing room readily accessible to each resident. | ||||||
| 14 | Units shall be maintained for single occupancy except in | ||||||
| 15 | cases in which 2 residents choose to share a unit. | ||||||
| 16 | Sufficient common space shall exist to permit individual | ||||||
| 17 | and group activities. | ||||||
| 18 | "Assisted living establishment" or "establishment" does | ||||||
| 19 | not mean any of the following: | ||||||
| 20 | (1) A home, institution, or similar place operated by | ||||||
| 21 | the federal government or the State of Illinois. | ||||||
| 22 | (2) A long term care facility licensed under the | ||||||
| 23 | Nursing Home Care Act, a facility licensed under the | ||||||
| 24 | Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
| 25 | facility licensed under the ID/DD Community Care Act, or a | ||||||
| 26 | facility licensed under the MC/DD Act. However, a facility | ||||||
| |||||||
| |||||||
| 1 | licensed under any of those Acts may convert distinct | ||||||
| 2 | parts of the facility to assisted living. If the facility | ||||||
| 3 | elects to do so, the facility shall retain the Certificate | ||||||
| 4 | of Need for its nursing and sheltered care beds that were | ||||||
| 5 | converted. | ||||||
| 6 | (3) A hospital, sanitarium, or other institution, the | ||||||
| 7 | principal activity or business of which is the diagnosis, | ||||||
| 8 | care, and treatment of human illness and that is required | ||||||
| 9 | to be licensed under the Hospital Licensing Act. | ||||||
| 10 | (4) A facility for child care as defined in the Child | ||||||
| 11 | Care Act of 1969. | ||||||
| 12 | (5) A community living facility as defined in the | ||||||
| 13 | Community Living Facilities Licensing Act. | ||||||
| 14 | (6) A nursing home or sanitarium operated solely by | ||||||
| 15 | and for persons who rely exclusively upon treatment by | ||||||
| 16 | spiritual means through prayer in accordance with the | ||||||
| 17 | creed or tenants of a well-recognized church or religious | ||||||
| 18 | denomination. | ||||||
| 19 | (7) A facility licensed by the Department of Human | ||||||
| 20 | Services as a community-integrated living arrangement as | ||||||
| 21 | defined in the Community-Integrated Living Arrangements | ||||||
| 22 | Licensure and Certification Act. | ||||||
| 23 | (8) A supportive residence licensed under the | ||||||
| 24 | Supportive Residences Licensing Act. | ||||||
| 25 | (9) The portion of a life care facility as defined in | ||||||
| 26 | the Life Care Facilities Act not licensed as an assisted | ||||||
| |||||||
| |||||||
| 1 | living establishment under this Act; a life care facility | ||||||
| 2 | may apply under this Act to convert sections of the | ||||||
| 3 | community to assisted living. | ||||||
| 4 | (10) A free-standing hospice facility licensed under | ||||||
| 5 | the Hospice Program Licensing Act. | ||||||
| 6 | (11) A shared housing establishment. | ||||||
| 7 | (12) A supportive living facility as described in | ||||||
| 8 | Section 5-5.01a of the Illinois Public Aid Code. | ||||||
| 9 | "Certified medication aide" means a person who has met the | ||||||
| 10 | qualifications for certification under Section 79 and assists | ||||||
| 11 | with medication administration while under the supervision of | ||||||
| 12 | a registered professional nurse as authorized by Section 50-75 | ||||||
| 13 | of the Nurse Practice Act in an assisted living establishment. | ||||||
| 14 | "Department" means the Department of Public Health. | ||||||
| 15 | "Director" means the Director of Public Health. | ||||||
| 16 | "Emergency situation" means imminent danger of death or | ||||||
| 17 | serious physical harm to a resident of an establishment. | ||||||
| 18 | "Infection control committee" means persons, including an | ||||||
| 19 | infection preventionist, who develop and implement policies | ||||||
| 20 | governing control of infections and communicable diseases and | ||||||
| 21 | are qualified through education, training, experience, or | ||||||
| 22 | certification or a combination of such qualifications. | ||||||
| 23 | "Infection preventionist" means a registered nurse who | ||||||
| 24 | develops and implements policies governing control of | ||||||
| 25 | infections and communicable diseases and is qualified through | ||||||
| 26 | education, training, experience, or certification or a | ||||||
| |||||||
| |||||||
| 1 | combination of such qualifications. | ||||||
| 2 | "License" means any of the following types of licenses | ||||||
| 3 | issued to an applicant or licensee by the Department: | ||||||
| 4 | (1) "Probationary license" means a license issued to | ||||||
| 5 | an applicant or licensee that has not held a license under | ||||||
| 6 | this Act prior to its application or pursuant to a license | ||||||
| 7 | transfer in accordance with Section 50 of this Act. | ||||||
| 8 | (2) "Regular license" means a license issued by the | ||||||
| 9 | Department to an applicant or licensee that is in | ||||||
| 10 | substantial compliance with this Act and any rules | ||||||
| 11 | promulgated under this Act. | ||||||
| 12 | "Licensee" means a person, agency, association, | ||||||
| 13 | corporation, partnership, or organization that has been issued | ||||||
| 14 | a license to operate an assisted living or shared housing | ||||||
| 15 | establishment. | ||||||
| 16 | "Licensed health care professional" means a registered | ||||||
| 17 | professional nurse, an advanced practice registered nurse, a | ||||||
| 18 | physician assistant, and a licensed practical nurse. | ||||||
| 19 | "Mandatory services" include the following: | ||||||
| 20 | (1) 3 meals per day available to the residents | ||||||
| 21 | prepared by the establishment or an outside contractor; | ||||||
| 22 | (2) housekeeping services including, but not limited | ||||||
| 23 | to, vacuuming, dusting, and cleaning the resident's unit; | ||||||
| 24 | (3) personal laundry and linen services available to | ||||||
| 25 | the residents provided or arranged for by the | ||||||
| 26 | establishment; | ||||||
| |||||||
| |||||||
| 1 | (4) security provided 24 hours each day including, but | ||||||
| 2 | not limited to, locked entrances or building or contract | ||||||
| 3 | security personnel; | ||||||
| 4 | (5) an emergency communication response system, which | ||||||
| 5 | is a procedure in place 24 hours each day by which a | ||||||
| 6 | resident can notify building management, an emergency | ||||||
| 7 | response vendor, or others able to respond to his or her | ||||||
| 8 | need for assistance; and | ||||||
| 9 | (6) assistance with activities of daily living as | ||||||
| 10 | required by each resident. | ||||||
| 11 | "Negotiated risk" is the process by which a resident, or | ||||||
| 12 | his or her representative, may formally negotiate with | ||||||
| 13 | providers what risks each are willing and unwilling to assume | ||||||
| 14 | in service provision and the resident's living environment. | ||||||
| 15 | The provider assures that the resident and the resident's | ||||||
| 16 | representative, if any, are informed of the risks of these | ||||||
| 17 | decisions and of the potential consequences of assuming these | ||||||
| 18 | risks. | ||||||
| 19 | "Owner" means the individual, partnership, corporation, | ||||||
| 20 | association, or other person who owns an assisted living or | ||||||
| 21 | shared housing establishment. In the event an assisted living | ||||||
| 22 | or shared housing establishment is operated by a person who | ||||||
| 23 | leases or manages the physical plant, which is owned by | ||||||
| 24 | another person, "owner" means the person who operates the | ||||||
| 25 | assisted living or shared housing establishment, except that | ||||||
| 26 | if the person who owns the physical plant is an affiliate of | ||||||
| |||||||
| |||||||
| 1 | the person who operates the assisted living or shared housing | ||||||
| 2 | establishment and has significant control over the day to day | ||||||
| 3 | operations of the assisted living or shared housing | ||||||
| 4 | establishment, the person who owns the physical plant shall | ||||||
| 5 | incur jointly and severally with the owner all liabilities | ||||||
| 6 | imposed on an owner under this Act. | ||||||
| 7 | "Physician" means a person licensed under the Medical | ||||||
| 8 | Practice Act of 1987 to practice medicine in all of its | ||||||
| 9 | branches. | ||||||
| 10 | "Program" means the Certified Medication Aide Program. | ||||||
| 11 | "Qualified establishment" means an assisted living and | ||||||
| 12 | shared housing establishment licensed by the Department of | ||||||
| 13 | Public Health. | ||||||
| 14 | "Resident" means a person residing in an assisted living | ||||||
| 15 | or shared housing establishment. | ||||||
| 16 | "Resident's representative" means a person, other than the | ||||||
| 17 | owner, agent, or employee of an establishment or of the health | ||||||
| 18 | care provider unless related to the resident, designated in | ||||||
| 19 | writing by a resident to be his or her representative. This | ||||||
| 20 | designation may be accomplished through the Illinois Power of | ||||||
| 21 | Attorney Act, pursuant to the guardianship process under the | ||||||
| 22 | Probate Act of 1975, or pursuant to an executed designation of | ||||||
| 23 | representative form specified by the Department. | ||||||
| 24 | "Self" means the individual or the individual's designated | ||||||
| 25 | representative. | ||||||
| 26 | "Shared housing establishment" or "establishment" means a | ||||||
| |||||||
| |||||||
| 1 | publicly or privately operated free-standing residence for 16 | ||||||
| 2 | or fewer persons, at least 80% of whom are 55 years of age or | ||||||
| 3 | older and who are unrelated to the owners and one manager of | ||||||
| 4 | the residence, where the following are provided: | ||||||
| 5 | (1) services consistent with a social model that is | ||||||
| 6 | based on the premise that the resident's unit is his or her | ||||||
| 7 | own home; | ||||||
| 8 | (2) community-based residential care for persons who | ||||||
| 9 | need assistance with activities of daily living, including | ||||||
| 10 | housing and personal, supportive, and intermittent | ||||||
| 11 | health-related services available 24 hours per day, if | ||||||
| 12 | needed, to meet the scheduled and unscheduled needs of a | ||||||
| 13 | resident; and | ||||||
| 14 | (3) mandatory services, whether provided directly by | ||||||
| 15 | the establishment or by another entity arranged for by the | ||||||
| 16 | establishment, with the consent of the resident or the | ||||||
| 17 | resident's representative. | ||||||
| 18 | "Shared housing establishment" or "establishment" does not | ||||||
| 19 | mean any of the following: | ||||||
| 20 | (1) A home, institution, or similar place operated by | ||||||
| 21 | the federal government or the State of Illinois. | ||||||
| 22 | (2) A long term care facility licensed under the | ||||||
| 23 | Nursing Home Care Act, a facility licensed under the | ||||||
| 24 | Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
| 25 | facility licensed under the ID/DD Community Care Act, or a | ||||||
| 26 | facility licensed under the MC/DD Act. A facility licensed | ||||||
| |||||||
| |||||||
| 1 | under any of those Acts may, however, convert sections of | ||||||
| 2 | the facility to assisted living. If the facility elects to | ||||||
| 3 | do so, the facility shall retain the Certificate of Need | ||||||
| 4 | for its nursing beds that were converted. | ||||||
| 5 | (3) A hospital, sanitarium, or other institution, the | ||||||
| 6 | principal activity or business of which is the diagnosis, | ||||||
| 7 | care, and treatment of human illness and that is required | ||||||
| 8 | to be licensed under the Hospital Licensing Act. | ||||||
| 9 | (4) A facility for child care as defined in the Child | ||||||
| 10 | Care Act of 1969. | ||||||
| 11 | (5) A community living facility as defined in the | ||||||
| 12 | Community Living Facilities Licensing Act. | ||||||
| 13 | (6) A nursing home or sanitarium operated solely by | ||||||
| 14 | and for persons who rely exclusively upon treatment by | ||||||
| 15 | spiritual means through prayer in accordance with the | ||||||
| 16 | creed or tenants of a well-recognized church or religious | ||||||
| 17 | denomination. | ||||||
| 18 | (7) A facility licensed by the Department of Human | ||||||
| 19 | Services as a community-integrated living arrangement as | ||||||
| 20 | defined in the Community-Integrated Living Arrangements | ||||||
| 21 | Licensure and Certification Act. | ||||||
| 22 | (8) A supportive residence licensed under the | ||||||
| 23 | Supportive Residences Licensing Act. | ||||||
| 24 | (9) A life care facility as defined in the Life Care | ||||||
| 25 | Facilities Act; a life care facility may apply under this | ||||||
| 26 | Act to convert sections of the community to assisted | ||||||
| |||||||
| |||||||
| 1 | living. | ||||||
| 2 | (10) A free-standing hospice facility licensed under | ||||||
| 3 | the Hospice Program Licensing Act. | ||||||
| 4 | (11) An assisted living establishment. | ||||||
| 5 | (12) A supportive living facility as described in | ||||||
| 6 | Section 5-5.01a of the Illinois Public Aid Code. | ||||||
| 7 | "Total assistance" means that staff or another individual | ||||||
| 8 | performs the entire activity of daily living without | ||||||
| 9 | participation by the resident. | ||||||
| 10 | (Source: P.A. 103-844, eff. 7-1-25; 103-886, eff. 8-9-24; | ||||||
| 11 | revised 10-7-24.)
| ||||||
| 12 | Section 730. The MC/DD Act is amended by changing Section | ||||||
| 13 | 3-801.1 as follows:
| ||||||
| 14 | (210 ILCS 46/3-801.1) | ||||||
| 15 | Sec. 3-801.1. Access to records of resident with | ||||||
| 16 | developmental disabilities. Notwithstanding the other | ||||||
| 17 | provisions of this Act to the contrary, the agency designated | ||||||
| 18 | by the Governor under Section 1 of the Protection and Advocacy | ||||||
| 19 | for Persons with Developmental Disabilities Act "An Act in | ||||||
| 20 | relation to the protection and advocacy of the rights of | ||||||
| 21 | persons with developmental disabilities, and amending Acts | ||||||
| 22 | therein named", enacted by the 84th General Assembly, shall | ||||||
| 23 | have access to the records of a person with developmental | ||||||
| 24 | disabilities who resides in a facility, subject to the | ||||||
| |||||||
| |||||||
| 1 | limitations of this Act. The agency shall also have access for | ||||||
| 2 | the purpose of inspection and copying, to the records of a | ||||||
| 3 | person with developmental disabilities who resides in any such | ||||||
| 4 | facility if (1) a complaint is received by such agency from or | ||||||
| 5 | on behalf of the person with a developmental disability, and | ||||||
| 6 | (2) such person does not have a guardian or the State or the | ||||||
| 7 | designee of the State is the guardian of such person. The | ||||||
| 8 | designated agency shall provide written notice to the person | ||||||
| 9 | with developmental disabilities and the State guardian of the | ||||||
| 10 | nature of the complaint based upon which the designated agency | ||||||
| 11 | has gained access to the records. No record or the contents of | ||||||
| 12 | any record shall be redisclosed by the designated agency | ||||||
| 13 | unless the person with developmental disabilities and the | ||||||
| 14 | State guardian are provided 7 days' advance written notice, | ||||||
| 15 | except in emergency situations, of the designated agency's | ||||||
| 16 | intent to redisclose such record, during which time the person | ||||||
| 17 | with developmental disabilities or the State guardian may seek | ||||||
| 18 | to judicially enjoin the designated agency's redisclosure of | ||||||
| 19 | such record on the grounds that such redisclosure is contrary | ||||||
| 20 | to the interests of the person with developmental | ||||||
| 21 | disabilities. If a person with developmental disabilities | ||||||
| 22 | resides in such a facility and has a guardian other than the | ||||||
| 23 | State or the designee of the State, the facility director | ||||||
| 24 | shall disclose the guardian's name, address, and telephone | ||||||
| 25 | number to the designated agency at the agency's request. | ||||||
| 26 | Upon request, the designated agency shall be entitled to | ||||||
| |||||||
| |||||||
| 1 | inspect and copy any records or other materials which may | ||||||
| 2 | further the agency's investigation of problems affecting | ||||||
| 3 | numbers of persons with developmental disabilities. When | ||||||
| 4 | required by law any personally identifiable information of | ||||||
| 5 | persons with a developmental disability shall be removed from | ||||||
| 6 | the records. However, the designated agency may not inspect or | ||||||
| 7 | copy any records or other materials when the removal of | ||||||
| 8 | personally identifiable information imposes an unreasonable | ||||||
| 9 | burden on the facility. For the purposes of this Section, | ||||||
| 10 | "developmental disability" means "developmental disability" as | ||||||
| 11 | defined in Section 1-106 of the Mental Health and | ||||||
| 12 | Developmental Disabilities Code. | ||||||
| 13 | (Source: P.A. 102-972, eff. 1-1-23; revised 7-19-24.)
| ||||||
| 14 | Section 735. The Emergency Medical Services (EMS) Systems | ||||||
| 15 | Act is amended by changing Sections 3.40 and 3.117 as follows:
| ||||||
| 16 | (210 ILCS 50/3.40) | ||||||
| 17 | Sec. 3.40. EMS System Participation Suspensions and Due | ||||||
| 18 | Process. | ||||||
| 19 | (a) An EMS Medical Director may suspend from participation | ||||||
| 20 | within the System any EMS personnel, EMS Lead Instructor (LI), | ||||||
| 21 | individual, individual provider, or other participant | ||||||
| 22 | considered not to be meeting the requirements of the Program | ||||||
| 23 | Plan of that approved EMS System. An EMS Medical Director must | ||||||
| 24 | submit a suspension order to the Department describing which | ||||||
| |||||||
| |||||||
| 1 | requirements of the Program Plan were not met and the | ||||||
| 2 | suspension's duration. The Department shall review and confirm | ||||||
| 3 | receipt of the suspension order, request additional | ||||||
| 4 | information, or initiate an investigation. The Department | ||||||
| 5 | shall incorporate the duration of that suspension into any | ||||||
| 6 | further action taken by the Department to suspend, revoke, or | ||||||
| 7 | refuse to issue or renew the license of the individual or | ||||||
| 8 | entity for any violation of this Act or the Program Plan | ||||||
| 9 | arising from the same conduct for which the suspension order | ||||||
| 10 | was issued if the suspended party has neither requested a | ||||||
| 11 | Department hearing on the suspension nor worked as a provider | ||||||
| 12 | in any other System during the term of the suspension. | ||||||
| 13 | (b) Prior to suspending any individual or entity, an EMS | ||||||
| 14 | Medical Director shall provide an opportunity for a hearing | ||||||
| 15 | before the local System review board in accordance with | ||||||
| 16 | subsection (f) and the rules promulgated by the Department. | ||||||
| 17 | (1) If the local System review board affirms or | ||||||
| 18 | modifies the EMS Medical Director's suspension order, the | ||||||
| 19 | individual or entity shall have the opportunity for a | ||||||
| 20 | review of the local board's decision by the State EMS | ||||||
| 21 | Disciplinary Review Board, pursuant to Section 3.45 of | ||||||
| 22 | this Act. | ||||||
| 23 | (2) If the local System review board reverses or | ||||||
| 24 | modifies the EMS Medical Director's order, the EMS Medical | ||||||
| 25 | Director shall have the opportunity for a review of the | ||||||
| 26 | local board's decision by the State EMS Disciplinary | ||||||
| |||||||
| |||||||
| 1 | Review Board, pursuant to Section 3.45 of this Act. | ||||||
| 2 | (3) The suspension shall commence only upon the | ||||||
| 3 | occurrence of one of the following: | ||||||
| 4 | (A) the individual or entity has waived the | ||||||
| 5 | opportunity for a hearing before the local System | ||||||
| 6 | review board; | ||||||
| 7 | (B) the order has been affirmed or modified by the | ||||||
| 8 | local system review board and the individual or entity | ||||||
| 9 | has waived the opportunity for review by the State | ||||||
| 10 | Board; or | ||||||
| 11 | (C) the order has been affirmed or modified by the | ||||||
| 12 | local system review board, and the local board's | ||||||
| 13 | decision has been affirmed or modified by the State | ||||||
| 14 | Board. | ||||||
| 15 | (c) An individual interviewed or investigated by the local | ||||||
| 16 | system review board or the Department shall have the right to a | ||||||
| 17 | union representative and legal counsel of the individual's | ||||||
| 18 | choosing present at any interview. The union representative | ||||||
| 19 | must comply with any confidentiality requirements and | ||||||
| 20 | requirements for the protection of any patient information | ||||||
| 21 | presented during the proceeding. | ||||||
| 22 | (d) An EMS Medical Director may immediately suspend an | ||||||
| 23 | EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, | ||||||
| 24 | PHAPRN, or other individual or entity if he or she finds that | ||||||
| 25 | the continuation in practice by the individual or entity would | ||||||
| 26 | constitute an imminent danger to the public. The suspended | ||||||
| |||||||
| |||||||
| 1 | individual or entity shall be issued an immediate verbal | ||||||
| 2 | notification followed by a written suspension order by the EMS | ||||||
| 3 | Medical Director which states the length, terms, and basis for | ||||||
| 4 | the suspension. | ||||||
| 5 | (1) Within 24 hours following the commencement of the | ||||||
| 6 | suspension, the EMS Medical Director shall deliver to the | ||||||
| 7 | Department, by messenger, telefax, or other | ||||||
| 8 | Department-approved electronic communication, a copy of | ||||||
| 9 | the suspension order and copies of any written materials | ||||||
| 10 | which relate to the EMS Medical Director's decision to | ||||||
| 11 | suspend the individual or entity. All medical and | ||||||
| 12 | patient-specific information, including Department | ||||||
| 13 | findings with respect to the quality of care rendered, | ||||||
| 14 | shall be strictly confidential pursuant to the Medical | ||||||
| 15 | Studies Act (Part 21 of Article VIII of the Code of Civil | ||||||
| 16 | Procedure). | ||||||
| 17 | (2) Within 24 hours following the commencement of the | ||||||
| 18 | suspension, the suspended individual or entity may deliver | ||||||
| 19 | to the Department, by messenger, telefax, or other | ||||||
| 20 | Department-approved electronic communication, a written | ||||||
| 21 | response to the suspension order and copies of any written | ||||||
| 22 | materials which the individual or entity feels are | ||||||
| 23 | appropriate. All medical and patient-specific information, | ||||||
| 24 | including Department findings with respect to the quality | ||||||
| 25 | of care rendered, shall be strictly confidential pursuant | ||||||
| 26 | to the Medical Studies Act. | ||||||
| |||||||
| |||||||
| 1 | (3) Within 24 hours following receipt of the EMS | ||||||
| 2 | Medical Director's suspension order or the individual or | ||||||
| 3 | entity's written response, whichever is later, the | ||||||
| 4 | Director or the Director's designee shall determine | ||||||
| 5 | whether the suspension should be stayed pending an | ||||||
| 6 | opportunity for a hearing or review in accordance with | ||||||
| 7 | this Act, or whether the suspension should continue during | ||||||
| 8 | the course of that hearing or review. When an immediate | ||||||
| 9 | suspension order is not stayed, the Director or the | ||||||
| 10 | Director's designee within the Department shall identify | ||||||
| 11 | if that suspension shall immediately apply to statewide | ||||||
| 12 | participation only in situations when a licensee has been | ||||||
| 13 | charged with a crime while performing the licensee's | ||||||
| 14 | official duties as an EMR, EMD, EMT, EMT-I, A-EMT, | ||||||
| 15 | Paramedic, ECRN, TNS, PHRN, LI, PHPA, or PHAPRN and the | ||||||
| 16 | licensee's continuation to practice poses the possibility | ||||||
| 17 | of imminent harm to the public based upon off factual | ||||||
| 18 | evidence provided to the Department. The determination to | ||||||
| 19 | issue an immediate statewide suspension shall not deny the | ||||||
| 20 | right to due process to a licensee. The Director or the | ||||||
| 21 | Director's designee shall issue this determination to the | ||||||
| 22 | EMS Medical Director, who shall immediately notify the | ||||||
| 23 | suspended individual or entity. The suspension shall | ||||||
| 24 | remain in effect during this period of review by the | ||||||
| 25 | Director or the Director's designee. | ||||||
| 26 | (e) Upon issuance of a suspension order for reasons | ||||||
| |||||||
| |||||||
| 1 | directly related to medical care, the EMS Medical Director | ||||||
| 2 | shall also provide the individual or entity with the | ||||||
| 3 | opportunity for a hearing before the local System review | ||||||
| 4 | board, in accordance with subsection (f) and the rules | ||||||
| 5 | promulgated by the Department. | ||||||
| 6 | (1) If the local System review board affirms or | ||||||
| 7 | modifies the EMS Medical Director's suspension order, the | ||||||
| 8 | individual or entity shall have the opportunity for a | ||||||
| 9 | review of the local board's decision by the State EMS | ||||||
| 10 | Disciplinary Review Board, pursuant to Section 3.45 of | ||||||
| 11 | this Act. | ||||||
| 12 | (2) If the local System review board reverses or | ||||||
| 13 | modifies the EMS Medical Director's suspension order, the | ||||||
| 14 | EMS Medical Director shall have the opportunity for a | ||||||
| 15 | review of the local board's decision by the State EMS | ||||||
| 16 | Disciplinary Review Board, pursuant to Section 3.45 of | ||||||
| 17 | this Act. | ||||||
| 18 | (3) The suspended individual or entity may elect to | ||||||
| 19 | bypass the local System review board and seek direct | ||||||
| 20 | review of the EMS Medical Director's suspension order by | ||||||
| 21 | the State EMS Disciplinary Review Board. | ||||||
| 22 | (f) The Resource Hospital shall designate a local System | ||||||
| 23 | review board in accordance with the rules of the Department, | ||||||
| 24 | for the purpose of providing a hearing to any individual or | ||||||
| 25 | entity participating within the System who is suspended from | ||||||
| 26 | participation by the EMS Medical Director. The EMS Medical | ||||||
| |||||||
| |||||||
| 1 | Director shall arrange for a certified shorthand reporter to | ||||||
| 2 | make a stenographic record of that hearing and thereafter | ||||||
| 3 | prepare a transcript of the proceedings. The EMS Medical | ||||||
| 4 | Director shall inform the individual of the individual's right | ||||||
| 5 | to have a union representative and legal counsel of the | ||||||
| 6 | individual's choosing present at any interview. The union | ||||||
| 7 | representative must comply with any confidentiality | ||||||
| 8 | requirements and requirements for the protection of any | ||||||
| 9 | patient information presented during the proceeding. The | ||||||
| 10 | transcript, all documents or materials received as evidence | ||||||
| 11 | during the hearing and the local System review board's written | ||||||
| 12 | decision shall be retained in the custody of the EMS system. | ||||||
| 13 | The System shall implement a decision of the local System | ||||||
| 14 | review board unless that decision has been appealed to the | ||||||
| 15 | State Emergency Medical Services Disciplinary Review Board in | ||||||
| 16 | accordance with this Act and the rules of the Department. | ||||||
| 17 | (g) The Resource Hospital shall implement a decision of | ||||||
| 18 | the State Emergency Medical Services Disciplinary Review Board | ||||||
| 19 | which has been rendered in accordance with this Act and the | ||||||
| 20 | rules of the Department. | ||||||
| 21 | (Source: P.A. 103-521, eff. 1-1-24; 103-779, eff. 8-2-24; | ||||||
| 22 | revised 10-21-24.)
| ||||||
| 23 | (210 ILCS 50/3.117) | ||||||
| 24 | Sec. 3.117. Hospital designations. | ||||||
| 25 | (a) The Department shall attempt to designate Primary | ||||||
| |||||||
| |||||||
| 1 | Stroke Centers in all areas of the State. | ||||||
| 2 | (1) The Department shall designate as many certified | ||||||
| 3 | Primary Stroke Centers as apply for that designation | ||||||
| 4 | provided they are certified by a nationally recognized | ||||||
| 5 | certifying body, approved by the Department, and | ||||||
| 6 | certification criteria are consistent with the most | ||||||
| 7 | current nationally recognized, evidence-based stroke | ||||||
| 8 | guidelines related to reducing the occurrence, | ||||||
| 9 | disabilities, and death associated with stroke. | ||||||
| 10 | (2) A hospital certified as a Primary Stroke Center by | ||||||
| 11 | a nationally recognized certifying body approved by the | ||||||
| 12 | Department, shall send a copy of the Certificate and | ||||||
| 13 | annual fee to the Department and shall be deemed, within | ||||||
| 14 | 30 business days of its receipt by the Department, to be a | ||||||
| 15 | State-designated Primary Stroke Center. | ||||||
| 16 | (3) A center designated as a Primary Stroke Center | ||||||
| 17 | shall pay an annual fee as determined by the Department | ||||||
| 18 | that shall be no less than $100 and no greater than $500. | ||||||
| 19 | All fees shall be deposited into the Stroke Data | ||||||
| 20 | Collection Fund. | ||||||
| 21 | (3.5) With respect to a hospital that is a designated | ||||||
| 22 | Primary Stroke Center, the Department shall have the | ||||||
| 23 | authority and responsibility to do the following: | ||||||
| 24 | (A) Suspend or revoke a hospital's Primary Stroke | ||||||
| 25 | Center designation upon receiving notice that the | ||||||
| 26 | hospital's Primary Stroke Center certification has | ||||||
| |||||||
| |||||||
| 1 | lapsed or has been revoked by the State recognized | ||||||
| 2 | certifying body. | ||||||
| 3 | (B) Suspend a hospital's Primary Stroke Center | ||||||
| 4 | designation, in extreme circumstances where patients | ||||||
| 5 | may be at risk for immediate harm or death, until such | ||||||
| 6 | time as the certifying body investigates and makes a | ||||||
| 7 | final determination regarding certification. | ||||||
| 8 | (C) Restore any previously suspended or revoked | ||||||
| 9 | Department designation upon notice to the Department | ||||||
| 10 | that the certifying body has confirmed or restored the | ||||||
| 11 | Primary Stroke Center certification of that previously | ||||||
| 12 | designated hospital. | ||||||
| 13 | (D) Suspend a hospital's Primary Stroke Center | ||||||
| 14 | designation at the request of a hospital seeking to | ||||||
| 15 | suspend its own Department designation. | ||||||
| 16 | (4) Primary Stroke Center designation shall remain | ||||||
| 17 | valid at all times while the hospital maintains its | ||||||
| 18 | certification as a Primary Stroke Center, in good | ||||||
| 19 | standing, with the certifying body. The duration of a | ||||||
| 20 | Primary Stroke Center designation shall coincide with the | ||||||
| 21 | duration of its Primary Stroke Center certification. Each | ||||||
| 22 | designated Primary Stroke Center shall have its | ||||||
| 23 | designation automatically renewed upon the Department's | ||||||
| 24 | receipt of a copy of the accrediting body's certification | ||||||
| 25 | renewal. | ||||||
| 26 | (5) A hospital that no longer meets nationally | ||||||
| |||||||
| |||||||
| 1 | recognized, evidence-based standards for Primary Stroke | ||||||
| 2 | Centers, or loses its Primary Stroke Center certification, | ||||||
| 3 | shall notify the Department and the Regional EMS Advisory | ||||||
| 4 | Committee within 5 business days. | ||||||
| 5 | (a-5) The Department shall attempt to designate | ||||||
| 6 | Comprehensive Stroke Centers in all areas of the State. | ||||||
| 7 | (1) The Department shall designate as many certified | ||||||
| 8 | Comprehensive Stroke Centers as apply for that | ||||||
| 9 | designation, provided that the Comprehensive Stroke | ||||||
| 10 | Centers are certified by a nationally recognized | ||||||
| 11 | certifying body approved by the Department, and provided | ||||||
| 12 | that the certifying body's certification criteria are | ||||||
| 13 | consistent with the most current nationally recognized and | ||||||
| 14 | evidence-based stroke guidelines for reducing the | ||||||
| 15 | occurrence of stroke and the disabilities and death | ||||||
| 16 | associated with stroke. | ||||||
| 17 | (2) A hospital certified as a Comprehensive Stroke | ||||||
| 18 | Center shall send a copy of the Certificate and annual fee | ||||||
| 19 | to the Department and shall be deemed, within 30 business | ||||||
| 20 | days of its receipt by the Department, to be a | ||||||
| 21 | State-designated Comprehensive Stroke Center. | ||||||
| 22 | (3) A hospital designated as a Comprehensive Stroke | ||||||
| 23 | Center shall pay an annual fee as determined by the | ||||||
| 24 | Department that shall be no less than $100 and no greater | ||||||
| 25 | than $500. All fees shall be deposited into the Stroke | ||||||
| 26 | Data Collection Fund. | ||||||
| |||||||
| |||||||
| 1 | (4) With respect to a hospital that is a designated | ||||||
| 2 | Comprehensive Stroke Center, the Department shall have the | ||||||
| 3 | authority and responsibility to do the following: | ||||||
| 4 | (A) Suspend or revoke the hospital's Comprehensive | ||||||
| 5 | Stroke Center designation upon receiving notice that | ||||||
| 6 | the hospital's Comprehensive Stroke Center | ||||||
| 7 | certification has lapsed or has been revoked by the | ||||||
| 8 | State recognized certifying body. | ||||||
| 9 | (B) Suspend the hospital's Comprehensive Stroke | ||||||
| 10 | Center designation, in extreme circumstances in which | ||||||
| 11 | patients may be at risk for immediate harm or death, | ||||||
| 12 | until such time as the certifying body investigates | ||||||
| 13 | and makes a final determination regarding | ||||||
| 14 | certification. | ||||||
| 15 | (C) Restore any previously suspended or revoked | ||||||
| 16 | Department designation upon notice to the Department | ||||||
| 17 | that the certifying body has confirmed or restored the | ||||||
| 18 | Comprehensive Stroke Center certification of that | ||||||
| 19 | previously designated hospital. | ||||||
| 20 | (D) Suspend the hospital's Comprehensive Stroke | ||||||
| 21 | Center designation at the request of a hospital | ||||||
| 22 | seeking to suspend its own Department designation. | ||||||
| 23 | (5) Comprehensive Stroke Center designation shall | ||||||
| 24 | remain valid at all times while the hospital maintains its | ||||||
| 25 | certification as a Comprehensive Stroke Center, in good | ||||||
| 26 | standing, with the certifying body. The duration of a | ||||||
| |||||||
| |||||||
| 1 | Comprehensive Stroke Center designation shall coincide | ||||||
| 2 | with the duration of its Comprehensive Stroke Center | ||||||
| 3 | certification. Each designated Comprehensive Stroke Center | ||||||
| 4 | shall have its designation automatically renewed upon the | ||||||
| 5 | Department's receipt of a copy of the certifying body's | ||||||
| 6 | certification renewal. | ||||||
| 7 | (6) A hospital that no longer meets nationally | ||||||
| 8 | recognized, evidence-based standards for Comprehensive | ||||||
| 9 | Stroke Centers, or loses its Comprehensive Stroke Center | ||||||
| 10 | certification, shall notify the Department and the | ||||||
| 11 | Regional EMS Advisory Committee within 5 business days. | ||||||
| 12 | (a-7) (a-5) The Department shall attempt to designate | ||||||
| 13 | Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke | ||||||
| 14 | Centers, and Primary Stroke Centers Plus in all areas of the | ||||||
| 15 | State according to the following requirements: | ||||||
| 16 | (1) The Department shall designate as many certified | ||||||
| 17 | Thrombectomy Capable Stroke Centers, Thrombectomy Ready | ||||||
| 18 | Stroke Centers, and Primary Stroke Centers Plus as apply | ||||||
| 19 | for that designation, provided that the body certifying | ||||||
| 20 | the facility uses certification criteria consistent with | ||||||
| 21 | the most current nationally recognized and evidence-based | ||||||
| 22 | stroke guidelines for reducing the occurrence of strokes | ||||||
| 23 | and the disabilities and death associated with strokes. | ||||||
| 24 | (2) A Thrombectomy Capable Stroke Center, Thrombectomy | ||||||
| 25 | Ready Stroke Center, or Primary Stroke Center Plus shall | ||||||
| 26 | send a copy of the certificate of its designation and | ||||||
| |||||||
| |||||||
| 1 | annual fee to the Department and shall be deemed, within | ||||||
| 2 | 30 business days after its receipt by the Department, to | ||||||
| 3 | be a State-designated Thrombectomy Capable Stroke Center, | ||||||
| 4 | Thrombectomy Ready Stroke Center, or Primary Stroke Center | ||||||
| 5 | Plus. | ||||||
| 6 | (3) A Thrombectomy Capable Stroke Center, Thrombectomy | ||||||
| 7 | Ready Stroke Center, or Primary Stroke Center Plus shall | ||||||
| 8 | pay an annual fee as determined by the Department that | ||||||
| 9 | shall be no less than $100 and no greater than $500. All | ||||||
| 10 | fees collected under this paragraph shall be deposited | ||||||
| 11 | into the Stroke Data Collection Fund. | ||||||
| 12 | (4) With respect to a Thrombectomy Capable Stroke | ||||||
| 13 | Center, Thrombectomy Ready Stroke Center, or Primary | ||||||
| 14 | Stroke Center Plus, the Department shall: | ||||||
| 15 | (A) suspend or revoke the Thrombectomy Capable | ||||||
| 16 | Stroke Center, Thrombectomy Ready Stroke Center, or | ||||||
| 17 | Primary Stroke Center Plus designation upon receiving | ||||||
| 18 | notice that the Thrombectomy Capable Stroke Center's, | ||||||
| 19 | Thrombectomy Ready Stroke Center's, or Primary Stroke | ||||||
| 20 | Center Plus's certification has lapsed or has been | ||||||
| 21 | revoked by its certifying body; | ||||||
| 22 | (B) in extreme circumstances in which patients may | ||||||
| 23 | be at risk for immediate harm or death, suspend the | ||||||
| 24 | Thrombectomy Capable Stroke Center's, Thrombectomy | ||||||
| 25 | Ready Stroke Center's, or Primary Stroke Center Plus's | ||||||
| 26 | designation until its certifying body investigates the | ||||||
| |||||||
| |||||||
| 1 | circumstances and makes a final determination | ||||||
| 2 | regarding its certification; | ||||||
| 3 | (C) restore any previously suspended or revoked | ||||||
| 4 | Department designation upon notice to the Department | ||||||
| 5 | that the certifying body has confirmed or restored the | ||||||
| 6 | Thrombectomy Capable Stroke Center's, Thrombectomy | ||||||
| 7 | Ready Stroke Center's, or Primary Stroke Center Plus's | ||||||
| 8 | certification; and | ||||||
| 9 | (D) suspend the Thrombectomy Capable Stroke | ||||||
| 10 | Center's, Thrombectomy Ready Stroke Center's, or | ||||||
| 11 | Primary Stroke Center Plus's designation at the | ||||||
| 12 | request of a facility seeking to suspend its own | ||||||
| 13 | Department designation. | ||||||
| 14 | (5) A Thrombectomy Capable Stroke Center, Thrombectomy | ||||||
| 15 | Ready Stroke Center, or Primary Stroke Center Plus | ||||||
| 16 | designation shall remain valid at all times while the | ||||||
| 17 | facility maintains its certification as a Thrombectomy | ||||||
| 18 | Capable Stroke Center, Thrombectomy Ready Stroke Center, | ||||||
| 19 | or Primary Stroke Center Plus and is in good standing with | ||||||
| 20 | the certifying body. The duration of a Thrombectomy | ||||||
| 21 | Capable Stroke Center, Thrombectomy Ready Stroke Center, | ||||||
| 22 | or Primary Stroke Center Plus designation shall be the | ||||||
| 23 | same as the duration of its Thrombectomy Capable Stroke | ||||||
| 24 | Center, Thrombectomy Ready Stroke Center, or Primary | ||||||
| 25 | Stroke Center Plus certification. Each designated | ||||||
| 26 | Thrombectomy Capable Stroke Center, Thrombectomy Ready | ||||||
| |||||||
| |||||||
| 1 | Stroke Center, or Primary Stroke Center Plus shall have | ||||||
| 2 | its designation automatically renewed upon the | ||||||
| 3 | Department's receipt of a copy of the certifying body's | ||||||
| 4 | renewal of the certification. | ||||||
| 5 | (6) A hospital that no longer meets the criteria for | ||||||
| 6 | Thrombectomy Capable Stroke Centers, Thrombectomy Ready | ||||||
| 7 | Stroke Centers, or Primary Stroke Centers Plus, or loses | ||||||
| 8 | its Thrombectomy Capable Stroke Center, Thrombectomy Ready | ||||||
| 9 | Stroke Center, or Primary Stroke Center Plus | ||||||
| 10 | certification, shall notify the Department and the | ||||||
| 11 | Regional EMS Advisory Committee of the situation within 5 | ||||||
| 12 | business days after being made aware of it. | ||||||
| 13 | (b) Beginning on the first day of the month that begins 12 | ||||||
| 14 | months after the adoption of rules authorized by this | ||||||
| 15 | subsection, the Department shall attempt to designate | ||||||
| 16 | hospitals as Acute Stroke-Ready Hospitals in all areas of the | ||||||
| 17 | State. Designation may be approved by the Department after a | ||||||
| 18 | hospital has been certified as an Acute Stroke-Ready Hospital | ||||||
| 19 | or through application and designation by the Department. For | ||||||
| 20 | any hospital that is designated as an Emergent Stroke Ready | ||||||
| 21 | Hospital at the time that the Department begins the | ||||||
| 22 | designation of Acute Stroke-Ready Hospitals, the Emergent | ||||||
| 23 | Stroke Ready designation shall remain intact for the duration | ||||||
| 24 | of the 12-month period until that designation expires. Until | ||||||
| 25 | the Department begins the designation of hospitals as Acute | ||||||
| 26 | Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke | ||||||
| |||||||
| |||||||
| 1 | Ready Hospital designation utilizing the processes and | ||||||
| 2 | criteria provided in Public Act 96-514. | ||||||
| 3 | (1) (Blank). | ||||||
| 4 | (2) Hospitals may apply for, and receive, Acute | ||||||
| 5 | Stroke-Ready Hospital designation from the Department, | ||||||
| 6 | provided that the hospital attests, on a form developed by | ||||||
| 7 | the Department in consultation with the State Stroke | ||||||
| 8 | Advisory Subcommittee, that it meets, and will continue to | ||||||
| 9 | meet, the criteria for Acute Stroke-Ready Hospital | ||||||
| 10 | designation and pays an annual fee. | ||||||
| 11 | A hospital designated as an Acute Stroke-Ready | ||||||
| 12 | Hospital shall pay an annual fee as determined by the | ||||||
| 13 | Department that shall be no less than $100 and no greater | ||||||
| 14 | than $500. All fees shall be deposited into the Stroke | ||||||
| 15 | Data Collection Fund. | ||||||
| 16 | (2.5) A hospital may apply for, and receive, Acute | ||||||
| 17 | Stroke-Ready Hospital designation from the Department, | ||||||
| 18 | provided that the hospital provides proof of current Acute | ||||||
| 19 | Stroke-Ready Hospital certification and the hospital pays | ||||||
| 20 | an annual fee. | ||||||
| 21 | (A) Acute Stroke-Ready Hospital designation shall | ||||||
| 22 | remain valid at all times while the hospital maintains | ||||||
| 23 | its certification as an Acute Stroke-Ready Hospital, | ||||||
| 24 | in good standing, with the certifying body. | ||||||
| 25 | (B) The duration of an Acute Stroke-Ready Hospital | ||||||
| 26 | designation shall coincide with the duration of its | ||||||
| |||||||
| |||||||
| 1 | Acute Stroke-Ready Hospital certification. | ||||||
| 2 | (C) Each designated Acute Stroke-Ready Hospital | ||||||
| 3 | shall have its designation automatically renewed upon | ||||||
| 4 | the Department's receipt of a copy of the certifying | ||||||
| 5 | body's certification renewal and Application for | ||||||
| 6 | Stroke Center Designation form. | ||||||
| 7 | (D) A hospital must submit a copy of its | ||||||
| 8 | certification renewal from the certifying body as soon | ||||||
| 9 | as practical but no later than 30 business days after | ||||||
| 10 | that certification is received by the hospital. Upon | ||||||
| 11 | the Department's receipt of the renewal certification, | ||||||
| 12 | the Department shall renew the hospital's Acute | ||||||
| 13 | Stroke-Ready Hospital designation. | ||||||
| 14 | (E) A hospital designated as an Acute Stroke-Ready | ||||||
| 15 | Hospital shall pay an annual fee as determined by the | ||||||
| 16 | Department that shall be no less than $100 and no | ||||||
| 17 | greater than $500. All fees shall be deposited into | ||||||
| 18 | the Stroke Data Collection Fund. | ||||||
| 19 | (3) Hospitals seeking Acute Stroke-Ready Hospital | ||||||
| 20 | designation that do not have certification shall develop | ||||||
| 21 | policies and procedures that are consistent with | ||||||
| 22 | nationally recognized, evidence-based protocols for the | ||||||
| 23 | provision of emergent stroke care. Hospital policies | ||||||
| 24 | relating to emergent stroke care and stroke patient | ||||||
| 25 | outcomes shall be reviewed at least annually, or more | ||||||
| 26 | often as needed, by a hospital committee that oversees | ||||||
| |||||||
| |||||||
| 1 | quality improvement. Adjustments shall be made as | ||||||
| 2 | necessary to advance the quality of stroke care delivered. | ||||||
| 3 | Criteria for Acute Stroke-Ready Hospital designation of | ||||||
| 4 | hospitals shall be limited to the ability of a hospital | ||||||
| 5 | to: | ||||||
| 6 | (A) create written acute care protocols related to | ||||||
| 7 | emergent stroke care; | ||||||
| 8 | (A-5) participate in the data collection system | ||||||
| 9 | provided in Section 3.118, if available; | ||||||
| 10 | (B) maintain a written transfer agreement with one | ||||||
| 11 | or more hospitals that have neurosurgical expertise; | ||||||
| 12 | (C) designate a Clinical Director of Stroke Care | ||||||
| 13 | who shall be a clinical member of the hospital staff | ||||||
| 14 | with training or experience, as defined by the | ||||||
| 15 | facility, in the care of patients with cerebrovascular | ||||||
| 16 | disease. This training or experience may include, but | ||||||
| 17 | is not limited to, completion of a fellowship or other | ||||||
| 18 | specialized training in the area of cerebrovascular | ||||||
| 19 | disease, attendance at national courses, or prior | ||||||
| 20 | experience in neuroscience intensive care units. The | ||||||
| 21 | Clinical Director of Stroke Care may be a neurologist, | ||||||
| 22 | neurosurgeon, emergency medicine physician, internist, | ||||||
| 23 | radiologist, advanced practice registered nurse, or | ||||||
| 24 | physician physician's assistant; | ||||||
| 25 | (C-5) provide rapid access to an acute stroke | ||||||
| 26 | team, as defined by the facility, that considers and | ||||||
| |||||||
| |||||||
| 1 | reflects nationally recognized, evidence-based | ||||||
| 2 | protocols or guidelines; | ||||||
| 3 | (D) administer thrombolytic therapy, or | ||||||
| 4 | subsequently developed medical therapies that meet | ||||||
| 5 | nationally recognized, evidence-based stroke | ||||||
| 6 | guidelines; | ||||||
| 7 | (E) conduct brain image tests at all times; | ||||||
| 8 | (F) conduct blood coagulation studies at all | ||||||
| 9 | times; | ||||||
| 10 | (G) maintain a log of stroke patients, which shall | ||||||
| 11 | be available for review upon request by the Department | ||||||
| 12 | or any hospital that has a written transfer agreement | ||||||
| 13 | with the Acute Stroke-Ready Hospital; | ||||||
| 14 | (H) admit stroke patients to a unit that can | ||||||
| 15 | provide appropriate care that considers and reflects | ||||||
| 16 | nationally recognized, evidence-based protocols or | ||||||
| 17 | guidelines or transfer stroke patients to an Acute | ||||||
| 18 | Stroke-Ready Hospital, Primary Stroke Center, or | ||||||
| 19 | Comprehensive Stroke Center, or another facility that | ||||||
| 20 | can provide the appropriate care that considers and | ||||||
| 21 | reflects nationally recognized, evidence-based | ||||||
| 22 | protocols or guidelines; and | ||||||
| 23 | (I) demonstrate compliance with nationally | ||||||
| 24 | recognized quality indicators. | ||||||
| 25 | (4) With respect to Acute Stroke-Ready Hospital | ||||||
| 26 | designation, the Department shall have the authority and | ||||||
| |||||||
| |||||||
| 1 | responsibility to do the following: | ||||||
| 2 | (A) Require hospitals applying for Acute | ||||||
| 3 | Stroke-Ready Hospital designation to attest, on a form | ||||||
| 4 | developed by the Department in consultation with the | ||||||
| 5 | State Stroke Advisory Subcommittee, that the hospital | ||||||
| 6 | meets, and will continue to meet, the criteria for an | ||||||
| 7 | Acute Stroke-Ready Hospital. | ||||||
| 8 | (A-5) Require hospitals applying for Acute | ||||||
| 9 | Stroke-Ready Hospital designation via national Acute | ||||||
| 10 | Stroke-Ready Hospital certification to provide proof | ||||||
| 11 | of current Acute Stroke-Ready Hospital certification, | ||||||
| 12 | in good standing. | ||||||
| 13 | The Department shall require a hospital that is | ||||||
| 14 | already certified as an Acute Stroke-Ready Hospital to | ||||||
| 15 | send a copy of the Certificate to the Department. | ||||||
| 16 | Within 30 business days of the Department's | ||||||
| 17 | receipt of a hospital's Acute Stroke-Ready Certificate | ||||||
| 18 | and Application for Stroke Center Designation form | ||||||
| 19 | that indicates that the hospital is a certified Acute | ||||||
| 20 | Stroke-Ready Hospital, in good standing, the hospital | ||||||
| 21 | shall be deemed a State-designated Acute Stroke-Ready | ||||||
| 22 | Hospital. The Department shall send a designation | ||||||
| 23 | notice to each hospital that it designates as an Acute | ||||||
| 24 | Stroke-Ready Hospital and shall add the names of | ||||||
| 25 | designated Acute Stroke-Ready Hospitals to the website | ||||||
| 26 | listing immediately upon designation. The Department | ||||||
| |||||||
| |||||||
| 1 | shall immediately remove the name of a hospital from | ||||||
| 2 | the website listing when a hospital loses its | ||||||
| 3 | designation after notice and, if requested by the | ||||||
| 4 | hospital, a hearing. | ||||||
| 5 | The Department shall develop an Application for | ||||||
| 6 | Stroke Center Designation form that contains a | ||||||
| 7 | statement that "The above named facility meets the | ||||||
| 8 | requirements for Acute Stroke-Ready Hospital | ||||||
| 9 | Designation as provided in Section 3.117 of the | ||||||
| 10 | Emergency Medical Services (EMS) Systems Act" and | ||||||
| 11 | shall instruct the applicant facility to provide: the | ||||||
| 12 | hospital name and address; the hospital CEO or | ||||||
| 13 | Administrator's typed name and signature; the hospital | ||||||
| 14 | Clinical Director of Stroke Care's typed name and | ||||||
| 15 | signature; and a contact person's typed name, email | ||||||
| 16 | address, and phone number. | ||||||
| 17 | The Application for Stroke Center Designation form | ||||||
| 18 | shall contain a statement that instructs the hospital | ||||||
| 19 | to "Provide proof of current Acute Stroke-Ready | ||||||
| 20 | Hospital certification from a nationally recognized | ||||||
| 21 | certifying body approved by the Department". | ||||||
| 22 | (B) Designate a hospital as an Acute Stroke-Ready | ||||||
| 23 | Hospital no more than 30 business days after receipt | ||||||
| 24 | of an attestation that meets the requirements for | ||||||
| 25 | attestation, unless the Department, within 30 days of | ||||||
| 26 | receipt of the attestation, chooses to conduct an | ||||||
| |||||||
| |||||||
| 1 | onsite survey prior to designation. If the Department | ||||||
| 2 | chooses to conduct an onsite survey prior to | ||||||
| 3 | designation, then the onsite survey shall be conducted | ||||||
| 4 | within 90 days of receipt of the attestation. | ||||||
| 5 | (C) Require annual written attestation, on a form | ||||||
| 6 | developed by the Department in consultation with the | ||||||
| 7 | State Stroke Advisory Subcommittee, by Acute | ||||||
| 8 | Stroke-Ready Hospitals to indicate compliance with | ||||||
| 9 | Acute Stroke-Ready Hospital criteria, as described in | ||||||
| 10 | this Section, and automatically renew Acute | ||||||
| 11 | Stroke-Ready Hospital designation of the hospital. | ||||||
| 12 | (D) Issue an Emergency Suspension of Acute | ||||||
| 13 | Stroke-Ready Hospital designation when the Director, | ||||||
| 14 | or his or her designee, has determined that the | ||||||
| 15 | hospital no longer meets the Acute Stroke-Ready | ||||||
| 16 | Hospital criteria and an immediate and serious danger | ||||||
| 17 | to the public health, safety, and welfare exists. If | ||||||
| 18 | the Acute Stroke-Ready Hospital fails to eliminate the | ||||||
| 19 | violation immediately or within a fixed period of | ||||||
| 20 | time, not exceeding 10 days, as determined by the | ||||||
| 21 | Director, the Director may immediately revoke the | ||||||
| 22 | Acute Stroke-Ready Hospital designation. The Acute | ||||||
| 23 | Stroke-Ready Hospital may appeal the revocation within | ||||||
| 24 | 15 business days after receiving the Director's | ||||||
| 25 | revocation order, by requesting an administrative | ||||||
| 26 | hearing. | ||||||
| |||||||
| |||||||
| 1 | (E) After notice and an opportunity for an | ||||||
| 2 | administrative hearing, suspend, revoke, or refuse to | ||||||
| 3 | renew an Acute Stroke-Ready Hospital designation, when | ||||||
| 4 | the Department finds the hospital is not in | ||||||
| 5 | substantial compliance with current Acute Stroke-Ready | ||||||
| 6 | Hospital criteria. | ||||||
| 7 | (c) The Department shall consult with the State Stroke | ||||||
| 8 | Advisory Subcommittee for developing the designation, | ||||||
| 9 | re-designation, and de-designation processes for Comprehensive | ||||||
| 10 | Stroke Centers, Thrombectomy Capable Stroke Centers, | ||||||
| 11 | Thrombectomy Ready Stroke Centers, Primary Stroke Centers | ||||||
| 12 | Plus, Primary Stroke Centers, and Acute Stroke-Ready | ||||||
| 13 | Hospitals. | ||||||
| 14 | (d) The Department shall consult with the State Stroke | ||||||
| 15 | Advisory Subcommittee as subject matter experts at least | ||||||
| 16 | annually regarding stroke standards of care. | ||||||
| 17 | (Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24; | ||||||
| 18 | revised 7-19-24.)
| ||||||
| 19 | Section 740. The Hospital Licensing Act is amended by | ||||||
| 20 | setting forth and renumbering multiple versions of Section | ||||||
| 21 | 11.9 as follows:
| ||||||
| 22 | (210 ILCS 85/11.9) | ||||||
| 23 | Sec. 11.9. Maternal milk donation education. | ||||||
| 24 | (a) To ensure an adequate supply of pasteurized donor | ||||||
| |||||||
| |||||||
| 1 | human milk for premature infants in Illinois, a hospital with | ||||||
| 2 | licensed obstetric beds shall provide information and | ||||||
| 3 | instructional materials to parents of each newborn, upon | ||||||
| 4 | discharge from the hospital, regarding the option to | ||||||
| 5 | voluntarily donate milk to nonprofit milk banks that are | ||||||
| 6 | accredited by the Human Milk Banking Association of North | ||||||
| 7 | America or its successor organization. The materials shall be | ||||||
| 8 | provided free of charge and shall include general information | ||||||
| 9 | regarding nonprofit milk banking practices and contact | ||||||
| 10 | information for area nonprofit milk banks that are accredited | ||||||
| 11 | by the Human Milk Banking Association of North America. | ||||||
| 12 | (b) The information and instructional materials described | ||||||
| 13 | in subsection (a) may be provided electronically. | ||||||
| 14 | (c) Nothing in this Section prohibits a hospital from | ||||||
| 15 | obtaining free and suitable information on voluntary milk | ||||||
| 16 | donation from the Human Milk Banking Association of North | ||||||
| 17 | America, its successor organization, or its accredited | ||||||
| 18 | members. | ||||||
| 19 | (Source: P.A. 103-160, eff. 1-1-24; 103-605, eff. 7-1-24.)
| ||||||
| 20 | (210 ILCS 85/11.10) | ||||||
| 21 | (This Section may contain text from a Public Act with a | ||||||
| 22 | delayed effective date) | ||||||
| 23 | Sec. 11.10 11.9. Certificate of birth resulting in | ||||||
| 24 | stillbirth; notification. This Section may be referred to as | ||||||
| 25 | Liam's Law. | ||||||
| |||||||
| |||||||
| 1 | A hospital having custody of a fetus following a | ||||||
| 2 | spontaneous fetal death occurring during or after a gestation | ||||||
| 3 | period of at least 20 completed weeks must notify the | ||||||
| 4 | gestational parent of the parent's right to receive a | ||||||
| 5 | certificate of birth resulting in stillbirth as described in | ||||||
| 6 | Section 20.5 of the Vital Records Act. The Department of | ||||||
| 7 | Public Health shall develop language on a form to be used for | ||||||
| 8 | notification under this Section and hospitals shall provide | ||||||
| 9 | the form to the gestational parent. This section of language | ||||||
| 10 | shall be known as a "Liam's Law notice". The "Liam's Law | ||||||
| 11 | notice" shall be available in both English and Spanish. | ||||||
| 12 | (Source: P.A. 103-948, eff. 7-1-25; revised 10-2-24.)
| ||||||
| 13 | Section 745. The Fair Patient Billing Act is amended by | ||||||
| 14 | changing Section 35 as follows:
| ||||||
| 15 | (210 ILCS 88/35) | ||||||
| 16 | Sec. 35. Collection limitations. | ||||||
| 17 | (a) The hospital shall not pursue legal action for | ||||||
| 18 | non-payment of a hospital bill against uninsured patients who | ||||||
| 19 | have clearly demonstrated that they have neither sufficient | ||||||
| 20 | income nor assets to meet their financial obligations provided | ||||||
| 21 | the patient has complied with Section 45 of this Act. | ||||||
| 22 | (b) A hospital may not bill an uninsured patient who that | ||||||
| 23 | requires health care services, as defined in Section 5 of the | ||||||
| 24 | Hospital Uninsured Patient Discount Act, if it determines, | ||||||
| |||||||
| |||||||
| 1 | through its financial assistance screening process, that the | ||||||
| 2 | patient has a household income that qualifies the person for | ||||||
| 3 | free care under the Hospital Uninsured Patient Discount Act. | ||||||
| 4 | If the patient is deemed eligible for public health insurance | ||||||
| 5 | or any other insurance product certified by the Department of | ||||||
| 6 | Insurance, the hospital shall provide information to the | ||||||
| 7 | patient about how the patient can apply for the insurance | ||||||
| 8 | program under subsection (f) of Section 16. | ||||||
| 9 | (Source: P.A. 103-901, eff. 1-1-25; revised 11-22-24.)
| ||||||
| 10 | Section 750. The Mobile Home Park Act is amended by | ||||||
| 11 | changing Sections 1 and 21.5 as follows:
| ||||||
| 12 | (210 ILCS 115/1) (from Ch. 111 1/2, par. 711) | ||||||
| 13 | Sec. 1. The General Assembly of Illinois finds: (1) that | ||||||
| 14 | there is a serious housing shortage in this State state; (2) | ||||||
| 15 | that rising costs in the building construction field have has | ||||||
| 16 | seriously impeded the building of new housing, particularly | ||||||
| 17 | for moderate-income moderate and low-income low income | ||||||
| 18 | citizens; (3) that the existing housing stock is continuously | ||||||
| 19 | depleted through demolition resulting from aging buildings, | ||||||
| 20 | urban renewal, highway construction, and other necessary | ||||||
| 21 | public improvements; (4) that advances in the construction of | ||||||
| 22 | mobile homes have has significantly increased the importance | ||||||
| 23 | of this mode of housing; and (5) that, through proper | ||||||
| 24 | regulation and licensing, mobile homes can contribute to the | ||||||
| |||||||
| |||||||
| 1 | quality housing of Illinois citizens. | ||||||
| 2 | (Source: P.A. 77-1472; revised 10-23-24.)
| ||||||
| 3 | (210 ILCS 115/21.5) | ||||||
| 4 | Sec. 21.5. Mobile home parks report. Beginning in 2026, | ||||||
| 5 | the Department shall prepare an annual report that contains, | ||||||
| 6 | at a minimum, the total number of mobile parks licensed by | ||||||
| 7 | registered with the Department; the total number of mobile | ||||||
| 8 | home parks that closed in the preceding year; the total number | ||||||
| 9 | of newly permitted mobile home parks from the preceding year; | ||||||
| 10 | the total number of mobile home parks that failed to renew and | ||||||
| 11 | comply with the licensing requirements for the preceding | ||||||
| 12 | calendar year; how many administrative cases were opened in | ||||||
| 13 | the preceding calendar year; if the administrative case was | ||||||
| 14 | resolved or is still open; a brief summary of the nature of the | ||||||
| 15 | administrative cases; and an update on the Department's | ||||||
| 16 | staffing for mobile home enforcement and oversight. The report | ||||||
| 17 | shall be made public no later than July 1 for the preceding | ||||||
| 18 | calendar year. | ||||||
| 19 | (Source: P.A. 103-819, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 20 | Section 755. The Illinois Insurance Code is amended by | ||||||
| 21 | changing the heading of Article V.75 and Sections 155.36, 355, | ||||||
| 22 | 356z.5, 356z.14, 356z.25, 356z.40, 363, 367a, 367f, 370c, 408, | ||||||
| 23 | 416, 500-35, 511.109, and 534.3 and by setting forth and | ||||||
| 24 | renumbering multiple versions of Sections 356z.61 and 356z.71 | ||||||
| |||||||
| |||||||
| 1 | as follows:
| ||||||
| 2 | (215 ILCS 5/Art. V.75 heading) | ||||||
| 3 | ARTICLE V 3/4 . GROUP WORKERS' COMPENSATION | ||||||
| 4 | POOLS; POOLING; INSOLVENCY FUND . | ||||||
| 5 | (215 ILCS 5/155.36) | ||||||
| 6 | Sec. 155.36. Managed Care Reform and Patient Rights Act. | ||||||
| 7 | Insurance companies that transact the kinds of insurance | ||||||
| 8 | authorized under Class 1(b) or Class 2(a) of Section 4 of this | ||||||
| 9 | Code shall comply with Sections 25, 45, 45.1, 45.2, 45.3, 65, | ||||||
| 10 | 70, 85, and 87, subsection (d) of Section 30, and the | ||||||
| 11 | definitions of the term "emergency medical condition" and any | ||||||
| 12 | other term in Section 10 of the Managed Care Reform and Patient | ||||||
| 13 | Rights Act that is used in the other Sections listed in this | ||||||
| 14 | Section. Except as provided by Section 85 of the Managed Care | ||||||
| 15 | Reform and Patient Rights Act, no law or rule shall be | ||||||
| 16 | construed to exempt any utilization review program from the | ||||||
| 17 | requirements of Section 85 of the Managed Care Reform and | ||||||
| 18 | Patient Rights Act with respect to any insurance described in | ||||||
| 19 | this Section. | ||||||
| 20 | (Source: P.A. 102-409, eff. 1-1-22; 103-426, eff. 8-4-23; | ||||||
| 21 | 103-650, eff. 1-1-25; 103-656, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 22 | (215 ILCS 5/355) | ||||||
| 23 | Sec. 355. Accident and health policies; provisions. | ||||||
| |||||||
| |||||||
| 1 | (a) As used in this Section: | ||||||
| 2 | "Inadequate rate" means a rate: | ||||||
| 3 | (1) that is insufficient to sustain projected losses | ||||||
| 4 | and expenses to which the rate applies; and | ||||||
| 5 | (2) the continued use of which endangers the solvency | ||||||
| 6 | of an insurer using that rate. | ||||||
| 7 | "Large employer" has the meaning provided in the Illinois | ||||||
| 8 | Health Insurance Portability and Accountability Act. | ||||||
| 9 | "Plain language" has the meaning provided in the federal | ||||||
| 10 | Plain Writing Act of 2010 and subsequent guidance documents, | ||||||
| 11 | including the Federal Plain Language Guidelines. | ||||||
| 12 | "Unreasonable rate increase" means a rate increase that | ||||||
| 13 | the Director determines to be excessive, unjustified, or | ||||||
| 14 | unfairly discriminatory in accordance with 45 CFR 154.205. | ||||||
| 15 | (b) No policy of insurance against loss or damage from the | ||||||
| 16 | sickness, or from the bodily injury or death of the insured by | ||||||
| 17 | accident shall be issued or delivered to any person in this | ||||||
| 18 | State until a copy of the form thereof and of the | ||||||
| 19 | classification of risks and the premium rates pertaining | ||||||
| 20 | thereto have been filed with the Director; nor shall it be so | ||||||
| 21 | issued or delivered until the Director shall have approved | ||||||
| 22 | such policy pursuant to the provisions of Section 143. If the | ||||||
| 23 | Director disapproves the policy form, he or she shall make a | ||||||
| 24 | written decision stating the respects in which such form does | ||||||
| 25 | not comply with the requirements of law and shall deliver a | ||||||
| 26 | copy thereof to the company and it shall be unlawful | ||||||
| |||||||
| |||||||
| 1 | thereafter for any such company to issue any policy in such | ||||||
| 2 | form. On and after January 1, 2025, any form filing submitted | ||||||
| 3 | for large employer group accident and health insurance shall | ||||||
| 4 | be automatically deemed approved within 90 days of the | ||||||
| 5 | submission date unless the Director extends by not more than | ||||||
| 6 | an additional 30 days the period within which the form shall be | ||||||
| 7 | approved or disapproved by giving written notice to the | ||||||
| 8 | insurer of such extension before the expiration of the 90 | ||||||
| 9 | days. Any form in receipt of such an extension shall be | ||||||
| 10 | automatically deemed approved within 120 days of the | ||||||
| 11 | submission date. The Director may toll the filing due to a | ||||||
| 12 | conflict in legal interpretation of federal or State law as | ||||||
| 13 | long as the tolling is applied uniformly to all applicable | ||||||
| 14 | forms, written notification is provided to the insurer prior | ||||||
| 15 | to the tolling, the duration of the tolling is provided within | ||||||
| 16 | the notice to the insurer, and justification for the tolling | ||||||
| 17 | is posted to the Department's website. The Director may | ||||||
| 18 | disapprove the filing if the insurer fails to respond to an | ||||||
| 19 | objection or request for additional information within the | ||||||
| 20 | timeframe identified for response. As used in this subsection, | ||||||
| 21 | "large employer" has the meaning given in Section 5 of the | ||||||
| 22 | federal Health Insurance Portability and Accountability Act. | ||||||
| 23 | (c) For plan year 2026 and thereafter, premium rates for | ||||||
| 24 | all individual and small group accident and health insurance | ||||||
| 25 | policies must be filed with the Department for approval. | ||||||
| 26 | Unreasonable rate increases or inadequate rates shall be | ||||||
| |||||||
| |||||||
| 1 | modified or disapproved. For any plan year during which the | ||||||
| 2 | Illinois Health Benefits Exchange operates as a full | ||||||
| 3 | State-based exchange, the Department shall provide insurers at | ||||||
| 4 | least 30 days' notice of the deadline to submit rate filings. | ||||||
| 5 | (c-5) Unless prohibited under federal law, for plan year | ||||||
| 6 | 2026 and thereafter, each insurer proposing to offer a | ||||||
| 7 | qualified health plan issued in the individual market through | ||||||
| 8 | the Illinois Health Benefits Exchange must incorporate the | ||||||
| 9 | following approach in its rate filing under this Section: | ||||||
| 10 | (1) The rate filing must apply a cost-sharing | ||||||
| 11 | reduction defunding adjustment factor within a range that: | ||||||
| 12 | (A) is uniform across all insurers; | ||||||
| 13 | (B) is consistent with the total adjustment | ||||||
| 14 | expected to be needed to cover actual cost-sharing | ||||||
| 15 | reduction costs across all silver plans on the | ||||||
| 16 | Illinois Health Benefits Exchange statewide, provided | ||||||
| 17 | that such costs are calculated assuming utilization by | ||||||
| 18 | the State's full individual-market risk pool; and | ||||||
| 19 | (C) assumes that the only on-Exchange silver plans | ||||||
| 20 | that will be purchased are the 87% and 94% | ||||||
| 21 | cost-sharing reduction variations. | ||||||
| 22 | (2) The rate filing must apply an induced demand | ||||||
| 23 | factor based on the following formula: (Plan Actuarial | ||||||
| 24 | Value)2 - (Plan Actuarial Value) + 1.24. | ||||||
| 25 | In the annual notice to insurers described in subsection | ||||||
| 26 | (c), the Department must include the specific numerical range | ||||||
| |||||||
| |||||||
| 1 | calculated for the applicable plan year under paragraph (1) of | ||||||
| 2 | this subsection (c-5) and the formula in paragraph (2) of this | ||||||
| 3 | subsection (c-5). | ||||||
| 4 | (d) For plan year 2025 and thereafter, the Department | ||||||
| 5 | shall post all insurers' rate filings and summaries on the | ||||||
| 6 | Department's website 5 business days after the rate filing | ||||||
| 7 | deadline set by the Department in annual guidance. The rate | ||||||
| 8 | filings and summaries posted to the Department's website shall | ||||||
| 9 | exclude information that is proprietary or trade secret | ||||||
| 10 | information protected under paragraph (g) of subsection (1) of | ||||||
| 11 | Section 7 of the Freedom of Information Act or confidential or | ||||||
| 12 | privileged under any applicable insurance law or rule. All | ||||||
| 13 | summaries shall include a brief justification of any rate | ||||||
| 14 | increase or decrease requested, including the number of | ||||||
| 15 | individual members, the medical loss ratio, medical trend, | ||||||
| 16 | administrative costs, and any other information required by | ||||||
| 17 | rule. The plain writing summary shall include notification of | ||||||
| 18 | the public comment period established in subsection (e). | ||||||
| 19 | (e) The Department shall open a 30-day public comment | ||||||
| 20 | period on the rate filings beginning on the date that all of | ||||||
| 21 | the rate filings are posted on the Department's website. The | ||||||
| 22 | Department shall post all of the comments received to the | ||||||
| 23 | Department's website within 5 business days after the comment | ||||||
| 24 | period ends. | ||||||
| 25 | (f) After the close of the public comment period described | ||||||
| 26 | in subsection (e), the Department, beginning for plan year | ||||||
| |||||||
| |||||||
| 1 | 2026, shall issue a decision to approve, disapprove, or modify | ||||||
| 2 | a rate filing within 60 days. Any rate filing or any rates | ||||||
| 3 | within a filing on which the Director does not issue a decision | ||||||
| 4 | within 60 days shall automatically be deemed approved. The | ||||||
| 5 | Director's decision shall take into account the actuarial | ||||||
| 6 | justifications and public comments. The Department shall | ||||||
| 7 | notify the insurer of the decision, make the decision | ||||||
| 8 | available to the public by posting it on the Department's | ||||||
| 9 | website, and include an explanation of the findings, actuarial | ||||||
| 10 | justifications, and rationale that are the basis for the | ||||||
| 11 | decision. Any company whose rate has been modified or | ||||||
| 12 | disapproved shall be allowed to request a hearing within 10 | ||||||
| 13 | days after the action taken. The action of the Director in | ||||||
| 14 | disapproving a rate shall be subject to judicial review under | ||||||
| 15 | the Administrative Review Law. | ||||||
| 16 | (g) If, following the issuance of a decision but before | ||||||
| 17 | the effective date of the premium rates approved by the | ||||||
| 18 | decision, an event occurs that materially affects the | ||||||
| 19 | Director's decision to approve, deny, or modify the rates, the | ||||||
| 20 | Director may consider supplemental facts or data reasonably | ||||||
| 21 | related to the event. | ||||||
| 22 | (h) The Department shall adopt rules implementing the | ||||||
| 23 | procedures described in subsections (d) through (g) by March | ||||||
| 24 | 31, 2024. | ||||||
| 25 | (i) Subsection (a), subsections (c) through (h), and | ||||||
| 26 | subsection (j) of this Section do not apply to grandfathered | ||||||
| |||||||
| |||||||
| 1 | health plans as defined in 45 CFR 147.140; excepted benefits | ||||||
| 2 | as defined in 42 U.S.C. 300gg-91; or student health insurance | ||||||
| 3 | coverage as defined in 45 CFR 147.145. For a filing of premium | ||||||
| 4 | rates or classifications of risk for any of these types of | ||||||
| 5 | coverage, the Director's initial review period shall not | ||||||
| 6 | exceed 60 days to issue informal objections to the company | ||||||
| 7 | that request additional clarification, explanation, | ||||||
| 8 | substantiating documentation, or correction of concerns | ||||||
| 9 | identified in the filing before the company implements the | ||||||
| 10 | premium rates, classifications, or related rate-setting | ||||||
| 11 | methodologies described in the filing, except that the | ||||||
| 12 | Director may extend by not more than an additional 30 days the | ||||||
| 13 | period of initial review by giving written notice to the | ||||||
| 14 | company of such extension before the expiration of the initial | ||||||
| 15 | 60-day period. Nothing in this subsection shall confer | ||||||
| 16 | authority upon the Director to approve, modify, or disapprove | ||||||
| 17 | rates where that authority is not provided by other law. | ||||||
| 18 | Nothing in this subsection shall prohibit the Director from | ||||||
| 19 | conducting any investigation, examination, hearing, or other | ||||||
| 20 | formal administrative or enforcement proceeding with respect | ||||||
| 21 | to a company's rate filing or implementation thereof under | ||||||
| 22 | applicable law at any time, including after the period of | ||||||
| 23 | initial review. | ||||||
| 24 | (j) Subsection (a) and subsections (c) through (h) do not | ||||||
| 25 | apply to group policies issued in the large group market as | ||||||
| 26 | defined in Section 5 of the Illinois Health Insurance | ||||||
| |||||||
| |||||||
| 1 | Portability and Accountability Act. For large group policies | ||||||
| 2 | issued, delivered, amended, or renewed on or after January 1, | ||||||
| 3 | 2026 that are not described in subsection (i), the premium | ||||||
| 4 | rates and risk classifications, including any rate manuals and | ||||||
| 5 | rules used to arrive at the rates, must be filed with the | ||||||
| 6 | Department annually for approval at least 120 days before the | ||||||
| 7 | rates are intended to take effect. | ||||||
| 8 | (1) A rate filing shall be modified or disapproved if | ||||||
| 9 | the premiums are unreasonable in relation to the benefits | ||||||
| 10 | because the rates were not calculated in accordance with | ||||||
| 11 | sound actuarial principles. | ||||||
| 12 | (2) Within 60 days of receipt of the rate filing, the | ||||||
| 13 | Director shall issue a decision to approve, disapprove, or | ||||||
| 14 | modify the filing along with the reasons and actuarial | ||||||
| 15 | justification for the decision. Any rate filing or rates | ||||||
| 16 | within a filing on which the Director does not issue a | ||||||
| 17 | decision within 60 days shall be automatically deemed | ||||||
| 18 | approved. | ||||||
| 19 | (3) Any company whose rate or rate filing has been | ||||||
| 20 | modified or disapproved shall be allowed to request a | ||||||
| 21 | hearing within 10 days after the action taken. The action | ||||||
| 22 | of the Director in disapproving a rate or rate filing | ||||||
| 23 | shall be subject to judicial review under the | ||||||
| 24 | Administrative Review Law. | ||||||
| 25 | (4) Nothing in this subsection requires a company to | ||||||
| 26 | file a large group policy's final premium rates for prior | ||||||
| |||||||
| |||||||
| 1 | approval if the company negotiates the final rates or rate | ||||||
| 2 | adjustments with the plan sponsor or its administrator in | ||||||
| 3 | accordance with the rate manual and rules of the currently | ||||||
| 4 | approved rate filing for the policy. | ||||||
| 5 | In this subsection, "administrator" and "plan sponsor" | ||||||
| 6 | have the meanings meaning given to those terms in 29 U.S.C. | ||||||
| 7 | 1002(16). | ||||||
| 8 | (Source: P.A. 103-106, eff. 1-1-24; 103-650, Article 3, | ||||||
| 9 | Section 3-5, eff. 1-1-25; 103-650, Article 4, Section 4-5, | ||||||
| 10 | eff. 1-1-25; revised 11-26-24.)
| ||||||
| 11 | (215 ILCS 5/356z.5) | ||||||
| 12 | Sec. 356z.5. Prescription inhalers inhalants. | ||||||
| 13 | (a) In this Section, "prescription inhaler" means a | ||||||
| 14 | prescribed medical device that delivers inhaled medications | ||||||
| 15 | used to treat breathing for persons suffering from asthma or | ||||||
| 16 | other life-threatening bronchial ailments. "Prescription | ||||||
| 17 | inhaler" includes metered-dose inhalers, nebulizers, and dry | ||||||
| 18 | powder inhalers. "Prescription inhaler" does not include | ||||||
| 19 | inhalers available over the counter without a prescription to | ||||||
| 20 | provide temporary relief from respiratory symptoms. | ||||||
| 21 | (b) A group or individual policy of accident and health | ||||||
| 22 | insurance or managed care plan amended, delivered, issued, or | ||||||
| 23 | renewed through December 31, 2025 that provides coverage for | ||||||
| 24 | prescription drugs may not deny or limit coverage for | ||||||
| 25 | prescription inhalers to enable persons to breathe when | ||||||
| |||||||
| |||||||
| 1 | suffering from asthma or other life-threatening bronchial | ||||||
| 2 | ailments based upon any restriction on the number of days | ||||||
| 3 | before an inhaler refill may be obtained if, contrary to those | ||||||
| 4 | restrictions, the inhalants have been ordered or prescribed by | ||||||
| 5 | the treating physician and are medically appropriate. | ||||||
| 6 | (c) A group or individual policy of accident and health | ||||||
| 7 | insurance or managed care plan amended, delivered, issued, or | ||||||
| 8 | renewed on or after January 1, 2026 that provides coverage for | ||||||
| 9 | prescription drugs may not deny or limit, except as otherwise | ||||||
| 10 | provided in this subsection, coverage for prescription | ||||||
| 11 | inhalers to enable persons to breathe when suffering from | ||||||
| 12 | asthma or other life-threatening bronchial ailments based upon | ||||||
| 13 | any restriction on the number of days before an inhaler refill | ||||||
| 14 | may be obtained if, contrary to those restrictions, the | ||||||
| 15 | inhalants have been ordered or prescribed by the treating | ||||||
| 16 | physician and are medically appropriate. A group or individual | ||||||
| 17 | policy of accident and health insurance or managed care plan | ||||||
| 18 | subject to this subsection shall limit the total amount that a | ||||||
| 19 | covered person is required to pay for a covered prescription | ||||||
| 20 | inhaler to an amount not to exceed $25 per 30-day supply. | ||||||
| 21 | (d) Nothing in this Section prevents a group or individual | ||||||
| 22 | policy of accident and health insurance or managed care plan | ||||||
| 23 | from reducing a covered person's cost sharing to an amount | ||||||
| 24 | less than the amount specified in subsection (c). | ||||||
| 25 | (e) Coverage for prescription inhalers shall not be | ||||||
| 26 | subject to any deductible; except that this provision does not | ||||||
| |||||||
| |||||||
| 1 | apply to the extent such coverage would disqualify a | ||||||
| 2 | high-deductible health plan from eligibility for a health | ||||||
| 3 | savings account pursuant to Section 223 of the Internal | ||||||
| 4 | Revenue Code (26 U.S.C. 223). | ||||||
| 5 | (f) The Department may adopt rules necessary to implement | ||||||
| 6 | and administer this Section and to align with federal | ||||||
| 7 | requirements. The Department may use any of its enforcement | ||||||
| 8 | powers to obtain a group or individual policy of accident and | ||||||
| 9 | health insurance's or managed care plan's compliance with this | ||||||
| 10 | Section. | ||||||
| 11 | (Source: P.A. 103-951, eff. 1-1-25; revised 11-22-24.)
| ||||||
| 12 | (215 ILCS 5/356z.14) | ||||||
| 13 | Sec. 356z.14. Autism spectrum disorders. | ||||||
| 14 | (a) A group or individual policy of accident and health | ||||||
| 15 | insurance or managed care plan amended, delivered, issued, or | ||||||
| 16 | renewed after December 12, 2008 (the effective date of Public | ||||||
| 17 | Act 95-1005) must provide individuals under 21 years of age | ||||||
| 18 | coverage for the diagnosis of autism spectrum disorders and | ||||||
| 19 | for the treatment of autism spectrum disorders to the extent | ||||||
| 20 | that the diagnosis and treatment of autism spectrum disorders | ||||||
| 21 | are not already covered by the policy of accident and health | ||||||
| 22 | insurance or managed care plan. | ||||||
| 23 | (b) Coverage provided under this Section shall be subject | ||||||
| 24 | to a maximum benefit of $36,000 per year, but shall not be | ||||||
| 25 | subject to any limits on the number of visits to a service | ||||||
| |||||||
| |||||||
| 1 | provider. The After December 30, 2009, the Director of the | ||||||
| 2 | Division of Insurance shall, on an annual basis, adjust the | ||||||
| 3 | maximum benefit for inflation using the Medical Care Component | ||||||
| 4 | of the United States Department of Labor Consumer Price Index | ||||||
| 5 | for All Urban Consumers. Payments made by an insurer on behalf | ||||||
| 6 | of a covered individual for any care, treatment, intervention, | ||||||
| 7 | service, or item, the provision of which was for the treatment | ||||||
| 8 | of a health condition not diagnosed as an autism spectrum | ||||||
| 9 | disorder, shall not be applied toward any maximum benefit | ||||||
| 10 | established under this subsection. | ||||||
| 11 | (c) Coverage under this Section shall be subject to | ||||||
| 12 | copayment, deductible, and coinsurance provisions of a policy | ||||||
| 13 | of accident and health insurance or managed care plan to the | ||||||
| 14 | extent that other medical services covered by the policy of | ||||||
| 15 | accident and health insurance or managed care plan are subject | ||||||
| 16 | to these provisions. | ||||||
| 17 | (d) This Section shall not be construed as limiting | ||||||
| 18 | benefits that are otherwise available to an individual under a | ||||||
| 19 | policy of accident and health insurance or managed care plan | ||||||
| 20 | and benefits provided under this Section may not be subject to | ||||||
| 21 | dollar limits, deductibles, copayments, or coinsurance | ||||||
| 22 | provisions that are less favorable to the insured than the | ||||||
| 23 | dollar limits, deductibles, or coinsurance provisions that | ||||||
| 24 | apply to physical illness generally. | ||||||
| 25 | (e) An insurer may not deny or refuse to provide otherwise | ||||||
| 26 | covered services, or refuse to renew, refuse to reissue, or | ||||||
| |||||||
| |||||||
| 1 | otherwise terminate or restrict coverage under an individual | ||||||
| 2 | contract to provide services to an individual because the | ||||||
| 3 | individual or the individual's their dependent is diagnosed | ||||||
| 4 | with an autism spectrum disorder or due to the individual | ||||||
| 5 | utilizing benefits in this Section. | ||||||
| 6 | (e-5) An insurer may not deny or refuse to provide | ||||||
| 7 | otherwise covered services under a group or individual policy | ||||||
| 8 | of accident and health insurance or a managed care plan solely | ||||||
| 9 | because of the location wherein the clinically appropriate | ||||||
| 10 | services are provided. | ||||||
| 11 | (f) Upon request of the reimbursing insurer, a provider of | ||||||
| 12 | treatment for autism spectrum disorders shall furnish medical | ||||||
| 13 | records, clinical notes, or other necessary data that | ||||||
| 14 | substantiate that initial or continued medical treatment is | ||||||
| 15 | medically necessary and is resulting in improved clinical | ||||||
| 16 | status. When treatment is anticipated to require continued | ||||||
| 17 | services to achieve demonstrable progress, the insurer may | ||||||
| 18 | request a treatment plan consisting of diagnosis, proposed | ||||||
| 19 | treatment by type, frequency, anticipated duration of | ||||||
| 20 | treatment, the anticipated outcomes stated as goals, and the | ||||||
| 21 | frequency by which the treatment plan will be updated. | ||||||
| 22 | (g) When making a determination of medical necessity for a | ||||||
| 23 | treatment modality for autism spectrum disorders, an insurer | ||||||
| 24 | must make the determination in a manner that is consistent | ||||||
| 25 | with the manner used to make that determination with respect | ||||||
| 26 | to other diseases or illnesses covered under the policy, | ||||||
| |||||||
| |||||||
| 1 | including an appeals process. During the appeals process, any | ||||||
| 2 | challenge to medical necessity must be viewed as reasonable | ||||||
| 3 | only if the review includes a physician with expertise in the | ||||||
| 4 | most current and effective treatment modalities for autism | ||||||
| 5 | spectrum disorders. | ||||||
| 6 | (h) Coverage for medically necessary early intervention | ||||||
| 7 | services must be delivered by certified early intervention | ||||||
| 8 | specialists, as defined in 89 Ill. Adm. Code 500 and any | ||||||
| 9 | subsequent amendments thereto. | ||||||
| 10 | (h-5) If an individual has been diagnosed as having an | ||||||
| 11 | autism spectrum disorder, meeting the diagnostic criteria in | ||||||
| 12 | place at the time of diagnosis, and treatment is determined | ||||||
| 13 | medically necessary, then that individual shall remain | ||||||
| 14 | eligible for coverage under this Section even if subsequent | ||||||
| 15 | changes to the diagnostic criteria are adopted by the American | ||||||
| 16 | Psychiatric Association. If no changes to the diagnostic | ||||||
| 17 | criteria are adopted after April 1, 2012, and before December | ||||||
| 18 | 31, 2014, then this subsection (h-5) shall be of no further | ||||||
| 19 | force and effect. | ||||||
| 20 | (h-10) An insurer may not deny or refuse to provide | ||||||
| 21 | covered services, or refuse to renew, refuse to reissue, or | ||||||
| 22 | otherwise terminate or restrict coverage under an individual | ||||||
| 23 | contract, for a person diagnosed with an autism spectrum | ||||||
| 24 | disorder on the basis that the individual declined an | ||||||
| 25 | alternative medication or covered service when the | ||||||
| 26 | individual's health care provider has determined that such | ||||||
| |||||||
| |||||||
| 1 | medication or covered service may exacerbate clinical | ||||||
| 2 | symptomatology and is medically contraindicated for the | ||||||
| 3 | individual and the individual has requested and received a | ||||||
| 4 | medical exception as provided for under Section 45.1 of the | ||||||
| 5 | Managed Care Reform and Patient Rights Act. For the purposes | ||||||
| 6 | of this subsection (h-10), "clinical symptomatology" means any | ||||||
| 7 | indication of disorder or disease when experienced by an | ||||||
| 8 | individual as a change from normal function, sensation, or | ||||||
| 9 | appearance. | ||||||
| 10 | (h-15) If, at any time, the Secretary of the United States | ||||||
| 11 | Department of Health and Human Services, or its successor | ||||||
| 12 | agency, promulgates rules or regulations to be published in | ||||||
| 13 | the Federal Register or publishes a comment in the Federal | ||||||
| 14 | Register or issues an opinion, guidance, or other action that | ||||||
| 15 | would require the State, pursuant to any provision of the | ||||||
| 16 | Patient Protection and Affordable Care Act (Public Law | ||||||
| 17 | 111-148), including, but not limited to, 42 U.S.C. | ||||||
| 18 | 18031(d)(3)(B) or any successor provision, to defray the cost | ||||||
| 19 | of any coverage outlined in subsection (h-10), then subsection | ||||||
| 20 | (h-10) is inoperative with respect to all coverage outlined in | ||||||
| 21 | subsection (h-10) other than that authorized under Section | ||||||
| 22 | 1902 of the Social Security Act, 42 U.S.C. 1396a, and the State | ||||||
| 23 | shall not assume any obligation for the cost of the coverage | ||||||
| 24 | set forth in subsection (h-10). | ||||||
| 25 | (i) As used in this Section: | ||||||
| 26 | "Autism spectrum disorders" means pervasive developmental | ||||||
| |||||||
| |||||||
| 1 | disorders as defined in the most recent edition of the | ||||||
| 2 | Diagnostic and Statistical Manual of Mental Disorders, | ||||||
| 3 | including autism, Asperger's disorder, and pervasive | ||||||
| 4 | developmental disorder not otherwise specified. | ||||||
| 5 | "Diagnosis of autism spectrum disorders" means one or more | ||||||
| 6 | tests, evaluations, or assessments to diagnose whether an | ||||||
| 7 | individual has autism spectrum disorder that is prescribed, | ||||||
| 8 | performed, or ordered by (A) a physician licensed to practice | ||||||
| 9 | medicine in all its branches or (B) a licensed clinical | ||||||
| 10 | psychologist with expertise in diagnosing autism spectrum | ||||||
| 11 | disorders. | ||||||
| 12 | "Medically necessary" means any care, treatment, | ||||||
| 13 | intervention, service, or item which will or is reasonably | ||||||
| 14 | expected to do any of the following: (i) prevent the onset of | ||||||
| 15 | an illness, condition, injury, disease, or disability; (ii) | ||||||
| 16 | reduce or ameliorate the physical, mental, or developmental | ||||||
| 17 | effects of an illness, condition, injury, disease, or | ||||||
| 18 | disability; or (iii) assist to achieve or maintain maximum | ||||||
| 19 | functional activity in performing daily activities. | ||||||
| 20 | "Treatment for autism spectrum disorders" shall include | ||||||
| 21 | the following care prescribed, provided, or ordered for an | ||||||
| 22 | individual diagnosed with an autism spectrum disorder by (A) a | ||||||
| 23 | physician licensed to practice medicine in all its branches or | ||||||
| 24 | (B) a certified, registered, or licensed health care | ||||||
| 25 | professional with expertise in treating effects of autism | ||||||
| 26 | spectrum disorders when the care is determined to be medically | ||||||
| |||||||
| |||||||
| 1 | necessary and ordered by a physician licensed to practice | ||||||
| 2 | medicine in all its branches: | ||||||
| 3 | (1) Psychiatric care, meaning direct, consultative, or | ||||||
| 4 | diagnostic services provided by a licensed psychiatrist. | ||||||
| 5 | (2) Psychological care, meaning direct or consultative | ||||||
| 6 | services provided by a licensed psychologist. | ||||||
| 7 | (3) Habilitative or rehabilitative care, meaning | ||||||
| 8 | professional, counseling, and guidance services and | ||||||
| 9 | treatment programs, including applied behavior analysis, | ||||||
| 10 | that are intended to develop, maintain, and restore the | ||||||
| 11 | functioning of an individual. As used in this subsection | ||||||
| 12 | (i), "applied behavior analysis" means the design, | ||||||
| 13 | implementation, and evaluation of environmental | ||||||
| 14 | modifications using behavioral stimuli and consequences to | ||||||
| 15 | produce socially significant improvement in human | ||||||
| 16 | behavior, including the use of direct observation, | ||||||
| 17 | measurement, and functional analysis of the relations | ||||||
| 18 | between environment and behavior. | ||||||
| 19 | (4) Therapeutic care, including behavioral, speech, | ||||||
| 20 | occupational, and physical therapies that provide | ||||||
| 21 | treatment in the following areas: (i) self care and | ||||||
| 22 | feeding, (ii) pragmatic, receptive, and expressive | ||||||
| 23 | language, (iii) cognitive functioning, (iv) applied | ||||||
| 24 | behavior analysis, intervention, and modification, (v) | ||||||
| 25 | motor planning, and (vi) sensory processing. | ||||||
| 26 | (j) Rulemaking authority to implement this amendatory Act | ||||||
| |||||||
| |||||||
| 1 | of the 95th General Assembly, if any, is conditioned on the | ||||||
| 2 | rules being adopted in accordance with all provisions of the | ||||||
| 3 | Illinois Administrative Procedure Act and all rules and | ||||||
| 4 | procedures of the Joint Committee on Administrative Rules; any | ||||||
| 5 | purported rule not so adopted, for whatever reason, is | ||||||
| 6 | unauthorized. | ||||||
| 7 | (Source: P.A. 102-322, eff. 1-1-22; 103-154, eff. 6-30-23; | ||||||
| 8 | revised 7-23-24.)
| ||||||
| 9 | (215 ILCS 5/356z.25) | ||||||
| 10 | Sec. 356z.25. Coverage for treatment of pediatric | ||||||
| 11 | autoimmune neuropsychiatric disorders associated with | ||||||
| 12 | streptococcal infections and pediatric acute-onset acute onset | ||||||
| 13 | neuropsychiatric syndrome. A group or individual policy of | ||||||
| 14 | accident and health insurance or managed care plan that is | ||||||
| 15 | amended, delivered, issued, or renewed after July 18, 2017 | ||||||
| 16 | (the effective date of Public Act 100-24) shall provide | ||||||
| 17 | coverage for treatment of pediatric autoimmune | ||||||
| 18 | neuropsychiatric disorders associated with streptococcal | ||||||
| 19 | infections and pediatric acute-onset neuropsychiatric | ||||||
| 20 | syndrome, including, but not limited to, the use of | ||||||
| 21 | intravenous immunoglobulin therapy. | ||||||
| 22 | No group or individual policy of accident and health | ||||||
| 23 | insurance or managed care plan shall deny or delay coverage | ||||||
| 24 | for medically necessary treatment under this Section solely | ||||||
| 25 | because the insured, enrollee, or beneficiary previously | ||||||
| |||||||
| |||||||
| 1 | received any treatment, including the same or similar | ||||||
| 2 | treatment, for pediatric autoimmune neuropsychiatric disorders | ||||||
| 3 | associated with streptococcal infections or pediatric | ||||||
| 4 | acute-onset acute onset neuropsychiatric syndrome, or because | ||||||
| 5 | the insured, enrollee, or beneficiary has been diagnosed with | ||||||
| 6 | or receives treatment for an otherwise diagnosed condition. | ||||||
| 7 | For the purposes of this Section, coverage of pediatric | ||||||
| 8 | autoimmune neuropsychiatric disorders associated with | ||||||
| 9 | streptococcal infections and pediatric acute-onset acute onset | ||||||
| 10 | neuropsychiatric syndrome shall adhere to the treatment | ||||||
| 11 | recommendations developed by a medical professional consortium | ||||||
| 12 | convened for the purposes of researching, identifying, and | ||||||
| 13 | publishing best practice standards for diagnosis and treatment | ||||||
| 14 | of such disorders or syndrome that are accessible for medical | ||||||
| 15 | professionals and are based on evidence of positive patient | ||||||
| 16 | outcomes. Coverage for any form of medically necessary | ||||||
| 17 | treatment shall not be limited over a lifetime of an insured, | ||||||
| 18 | enrollee, or beneficiary, unless the patient is no longer | ||||||
| 19 | benefiting from the treatment, or by policy period. Nothing in | ||||||
| 20 | this Section prevents insurers from requesting treatment notes | ||||||
| 21 | and anticipated duration of treatment and outcomes. | ||||||
| 22 | For billing and diagnosis purposes, pediatric autoimmune | ||||||
| 23 | neuropsychiatric disorders associated with streptococcal | ||||||
| 24 | infections and pediatric acute-onset acute onset | ||||||
| 25 | neuropsychiatric syndrome shall be coded as autoimmune | ||||||
| 26 | encephalitis until the American Medical Association and the | ||||||
| |||||||
| |||||||
| 1 | Centers for Medicare and Medicaid Services create and assign a | ||||||
| 2 | specific code for pediatric autoimmune neuropsychiatric | ||||||
| 3 | disorders associated with streptococcal infections and | ||||||
| 4 | pediatric acute-onset acute onset neuropsychiatric syndrome. | ||||||
| 5 | Thereafter, pediatric autoimmune neuropsychiatric disorders | ||||||
| 6 | associated with streptococcal infections and pediatric | ||||||
| 7 | acute-onset acute onset neuropsychiatric syndrome may be coded | ||||||
| 8 | as autoimmune encephalitis, pediatric autoimmune | ||||||
| 9 | neuropsychiatric disorders associated with streptococcal | ||||||
| 10 | infections, or pediatric acute-onset acute onset | ||||||
| 11 | neuropsychiatric syndrome. | ||||||
| 12 | If, at any time, the Secretary of the United States | ||||||
| 13 | Department of Health and Human Services, or its successor | ||||||
| 14 | agency, promulgates rules or regulations to be published in | ||||||
| 15 | the Federal Register or publishes a comment in the Federal | ||||||
| 16 | Register or issues an opinion, guidance, or other action that | ||||||
| 17 | would require the State, pursuant to any provision of the | ||||||
| 18 | Patient Protection and Affordable Care Act (Public Law | ||||||
| 19 | 111-148), including, but not limited to, 42 U.S.C. | ||||||
| 20 | 18031(d)(3)(B) or any successor provision, to defray the cost | ||||||
| 21 | of any coverage for pediatric autoimmune neuropsychiatric | ||||||
| 22 | disorders associated with streptococcal infections and | ||||||
| 23 | pediatric acute-onset acute onset neuropsychiatric syndrome | ||||||
| 24 | outlined in this Section, then the requirement that an insurer | ||||||
| 25 | cover pediatric autoimmune neuropsychiatric disorders | ||||||
| 26 | associated with streptococcal infections and pediatric | ||||||
| |||||||
| |||||||
| 1 | acute-onset acute onset neuropsychiatric syndrome is | ||||||
| 2 | inoperative other than any such coverage authorized under | ||||||
| 3 | Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | ||||||
| 4 | the State shall not assume any obligation for the cost of | ||||||
| 5 | coverage for pediatric autoimmune neuropsychiatric disorders | ||||||
| 6 | associated with streptococcal infections and pediatric | ||||||
| 7 | acute-onset acute onset neuropsychiatric syndrome. | ||||||
| 8 | (Source: P.A. 103-59, eff. 6-9-23; revised 10-23-24.)
| ||||||
| 9 | (215 ILCS 5/356z.40) | ||||||
| 10 | (Text of Section before amendment by P.A. 103-701 and | ||||||
| 11 | 103-720) | ||||||
| 12 | Sec. 356z.40. Pregnancy and postpartum coverage. | ||||||
| 13 | (a) An individual or group policy of accident and health | ||||||
| 14 | insurance or managed care plan amended, delivered, issued, or | ||||||
| 15 | renewed on or after October 8, 2021 (the effective date of | ||||||
| 16 | Public Act 102-665) this amendatory Act of the 102nd General | ||||||
| 17 | Assembly shall provide coverage for pregnancy and newborn care | ||||||
| 18 | in accordance with 42 U.S.C. 18022(b) regarding essential | ||||||
| 19 | health benefits. | ||||||
| 20 | (b) Benefits under this Section shall be as follows: | ||||||
| 21 | (1) An individual who has been identified as | ||||||
| 22 | experiencing a high-risk pregnancy by the individual's | ||||||
| 23 | treating provider shall have access to clinically | ||||||
| 24 | appropriate case management programs. As used in this | ||||||
| 25 | subsection, "case management" means a mechanism to | ||||||
| |||||||
| |||||||
| 1 | coordinate and assure continuity of services, including, | ||||||
| 2 | but not limited to, health services, social services, and | ||||||
| 3 | educational services necessary for the individual. "Case | ||||||
| 4 | management" involves individualized assessment of needs, | ||||||
| 5 | planning of services, referral, monitoring, and advocacy | ||||||
| 6 | to assist an individual in gaining access to appropriate | ||||||
| 7 | services and closure when services are no longer required. | ||||||
| 8 | "Case management" is an active and collaborative process | ||||||
| 9 | involving a single qualified case manager, the individual, | ||||||
| 10 | the individual's family, the providers, and the community. | ||||||
| 11 | This includes close coordination and involvement with all | ||||||
| 12 | service providers in the management plan for that | ||||||
| 13 | individual or family, including assuring that the | ||||||
| 14 | individual receives the services. As used in this | ||||||
| 15 | subsection, "high-risk pregnancy" means a pregnancy in | ||||||
| 16 | which the pregnant or postpartum individual or baby is at | ||||||
| 17 | an increased risk for poor health or complications during | ||||||
| 18 | pregnancy or childbirth, including, but not limited to, | ||||||
| 19 | hypertension disorders, gestational diabetes, and | ||||||
| 20 | hemorrhage. | ||||||
| 21 | (2) An individual shall have access to medically | ||||||
| 22 | necessary treatment of a mental, emotional, nervous, or | ||||||
| 23 | substance use disorder or condition consistent with the | ||||||
| 24 | requirements set forth in this Section and in Sections | ||||||
| 25 | 370c and 370c.1 of this Code. | ||||||
| 26 | (3) The benefits provided for inpatient and outpatient | ||||||
| |||||||
| |||||||
| 1 | services for the treatment of a mental, emotional, | ||||||
| 2 | nervous, or substance use disorder or condition related to | ||||||
| 3 | pregnancy or postpartum complications shall be provided if | ||||||
| 4 | determined to be medically necessary, consistent with the | ||||||
| 5 | requirements of Sections 370c and 370c.1 of this Code. The | ||||||
| 6 | facility or provider shall notify the insurer of both the | ||||||
| 7 | admission and the initial treatment plan within 48 hours | ||||||
| 8 | after admission or initiation of treatment. Subject to the | ||||||
| 9 | requirements of Sections 370c and 370c.1 of this Code, | ||||||
| 10 | nothing in this paragraph shall prevent an insurer from | ||||||
| 11 | applying concurrent and post-service utilization review of | ||||||
| 12 | health care services, including review of medical | ||||||
| 13 | necessity, case management, experimental and | ||||||
| 14 | investigational treatments, managed care provisions, and | ||||||
| 15 | other terms and conditions of the insurance policy. | ||||||
| 16 | (4) The benefits for the first 48 hours of initiation | ||||||
| 17 | of services for an inpatient admission, detoxification or | ||||||
| 18 | withdrawal management program, or partial hospitalization | ||||||
| 19 | admission for the treatment of a mental, emotional, | ||||||
| 20 | nervous, or substance use disorder or condition related to | ||||||
| 21 | pregnancy or postpartum complications shall be provided | ||||||
| 22 | without post-service or concurrent review of medical | ||||||
| 23 | necessity, as the medical necessity for the first 48 hours | ||||||
| 24 | of such services shall be determined solely by the covered | ||||||
| 25 | pregnant or postpartum individual's provider. Subject to | ||||||
| 26 | Sections Section 370c and 370c.1 of this Code, nothing in | ||||||
| |||||||
| |||||||
| 1 | this paragraph shall prevent an insurer from applying | ||||||
| 2 | concurrent and post-service utilization review, including | ||||||
| 3 | the review of medical necessity, case management, | ||||||
| 4 | experimental and investigational treatments, managed care | ||||||
| 5 | provisions, and other terms and conditions of the | ||||||
| 6 | insurance policy, of any inpatient admission, | ||||||
| 7 | detoxification or withdrawal management program admission, | ||||||
| 8 | or partial hospitalization admission services for the | ||||||
| 9 | treatment of a mental, emotional, nervous, or substance | ||||||
| 10 | use disorder or condition related to pregnancy or | ||||||
| 11 | postpartum complications received 48 hours after the | ||||||
| 12 | initiation of such services. If an insurer determines that | ||||||
| 13 | the services are no longer medically necessary, then the | ||||||
| 14 | covered person shall have the right to external review | ||||||
| 15 | pursuant to the requirements of the Health Carrier | ||||||
| 16 | External Review Act. | ||||||
| 17 | (5) If an insurer determines that continued inpatient | ||||||
| 18 | care, detoxification or withdrawal management, partial | ||||||
| 19 | hospitalization, intensive outpatient treatment, or | ||||||
| 20 | outpatient treatment in a facility is no longer medically | ||||||
| 21 | necessary, the insurer shall, within 24 hours, provide | ||||||
| 22 | written notice to the covered pregnant or postpartum | ||||||
| 23 | individual and the covered pregnant or postpartum | ||||||
| 24 | individual's provider of its decision and the right to | ||||||
| 25 | file an expedited internal appeal of the determination. | ||||||
| 26 | The insurer shall review and make a determination with | ||||||
| |||||||
| |||||||
| 1 | respect to the internal appeal within 24 hours and | ||||||
| 2 | communicate such determination to the covered pregnant or | ||||||
| 3 | postpartum individual and the covered pregnant or | ||||||
| 4 | postpartum individual's provider. If the determination is | ||||||
| 5 | to uphold the denial, the covered pregnant or postpartum | ||||||
| 6 | individual and the covered pregnant or postpartum | ||||||
| 7 | individual's provider have the right to file an expedited | ||||||
| 8 | external appeal. An independent review organization shall | ||||||
| 9 | make a determination within 72 hours. If the insurer's | ||||||
| 10 | determination is upheld and it is determined that | ||||||
| 11 | continued inpatient care, detoxification or withdrawal | ||||||
| 12 | management, partial hospitalization, intensive outpatient | ||||||
| 13 | treatment, or outpatient treatment is not medically | ||||||
| 14 | necessary, the insurer shall remain responsible for | ||||||
| 15 | providing benefits for the inpatient care, detoxification | ||||||
| 16 | or withdrawal management, partial hospitalization, | ||||||
| 17 | intensive outpatient treatment, or outpatient treatment | ||||||
| 18 | through the day following the date the determination is | ||||||
| 19 | made, and the covered pregnant or postpartum individual | ||||||
| 20 | shall only be responsible for any applicable copayment, | ||||||
| 21 | deductible, and coinsurance for the stay through that date | ||||||
| 22 | as applicable under the policy. The covered pregnant or | ||||||
| 23 | postpartum individual shall not be discharged or released | ||||||
| 24 | from the inpatient facility, detoxification or withdrawal | ||||||
| 25 | management, partial hospitalization, intensive outpatient | ||||||
| 26 | treatment, or outpatient treatment until all internal | ||||||
| |||||||
| |||||||
| 1 | appeals and independent utilization review organization | ||||||
| 2 | appeals are exhausted. A decision to reverse an adverse | ||||||
| 3 | determination shall comply with the Health Carrier | ||||||
| 4 | External Review Act. | ||||||
| 5 | (6) Except as otherwise stated in this subsection (b), | ||||||
| 6 | the benefits and cost-sharing shall be provided to the | ||||||
| 7 | same extent as for any other medical condition covered | ||||||
| 8 | under the policy. | ||||||
| 9 | (7) The benefits required by paragraphs (2) and (6) of | ||||||
| 10 | this subsection (b) are to be provided to all covered | ||||||
| 11 | pregnant or postpartum individuals with a diagnosis of a | ||||||
| 12 | mental, emotional, nervous, or substance use disorder or | ||||||
| 13 | condition. The presence of additional related or unrelated | ||||||
| 14 | diagnoses shall not be a basis to reduce or deny the | ||||||
| 15 | benefits required by this subsection (b). | ||||||
| 16 | (Source: P.A. 102-665, eff. 10-8-21; 103-650, eff. 1-1-25; | ||||||
| 17 | revised 9-10-24.)
| ||||||
| 18 | (Text of Section after amendment by P.A. 103-701 and | ||||||
| 19 | 103-720) | ||||||
| 20 | Sec. 356z.40. Pregnancy and postpartum coverage. | ||||||
| 21 | (a) An individual or group policy of accident and health | ||||||
| 22 | insurance or managed care plan amended, delivered, issued, or | ||||||
| 23 | renewed on or after October 8, 2021 (the effective date of | ||||||
| 24 | Public Act 102-665) shall provide coverage for pregnancy and | ||||||
| 25 | newborn care in accordance with 42 U.S.C. 18022(b) regarding | ||||||
| |||||||
| |||||||
| 1 | essential health benefits. For policies amended, delivered, | ||||||
| 2 | issued, or renewed on or after January 1, 2026, this | ||||||
| 3 | subsection also applies to coverage for postpartum care. | ||||||
| 4 | (b) Benefits under this Section shall be as follows: | ||||||
| 5 | (1) An individual who has been identified as | ||||||
| 6 | experiencing a high-risk pregnancy by the individual's | ||||||
| 7 | treating provider shall have access to clinically | ||||||
| 8 | appropriate case management programs. As used in this | ||||||
| 9 | subsection, "case management" means a mechanism to | ||||||
| 10 | coordinate and assure continuity of services, including, | ||||||
| 11 | but not limited to, health services, social services, and | ||||||
| 12 | educational services necessary for the individual. "Case | ||||||
| 13 | management" involves individualized assessment of needs, | ||||||
| 14 | planning of services, referral, monitoring, and advocacy | ||||||
| 15 | to assist an individual in gaining access to appropriate | ||||||
| 16 | services and closure when services are no longer required. | ||||||
| 17 | "Case management" is an active and collaborative process | ||||||
| 18 | involving a single qualified case manager, the individual, | ||||||
| 19 | the individual's family, the providers, and the community. | ||||||
| 20 | This includes close coordination and involvement with all | ||||||
| 21 | service providers in the management plan for that | ||||||
| 22 | individual or family, including assuring that the | ||||||
| 23 | individual receives the services. As used in this | ||||||
| 24 | subsection, "high-risk pregnancy" means a pregnancy in | ||||||
| 25 | which the pregnant or postpartum individual or baby is at | ||||||
| 26 | an increased risk for poor health or complications during | ||||||
| |||||||
| |||||||
| 1 | pregnancy or childbirth, including, but not limited to, | ||||||
| 2 | hypertension disorders, gestational diabetes, and | ||||||
| 3 | hemorrhage. | ||||||
| 4 | (2) An individual shall have access to medically | ||||||
| 5 | necessary treatment of a mental, emotional, nervous, or | ||||||
| 6 | substance use disorder or condition consistent with the | ||||||
| 7 | requirements set forth in this Section and in Sections | ||||||
| 8 | 370c and 370c.1 of this Code. | ||||||
| 9 | (3) The benefits provided for inpatient and outpatient | ||||||
| 10 | services for the treatment of a mental, emotional, | ||||||
| 11 | nervous, or substance use disorder or condition related to | ||||||
| 12 | pregnancy or postpartum complications shall be provided if | ||||||
| 13 | determined to be medically necessary, consistent with the | ||||||
| 14 | requirements of Sections 370c and 370c.1 of this Code. The | ||||||
| 15 | facility or provider shall notify the insurer of both the | ||||||
| 16 | admission and the initial treatment plan within 48 hours | ||||||
| 17 | after admission or initiation of treatment. Subject to the | ||||||
| 18 | requirements of Sections 370c and 370c.1 of this Code, | ||||||
| 19 | nothing in this paragraph shall prevent an insurer from | ||||||
| 20 | applying concurrent and post-service utilization review of | ||||||
| 21 | health care services, including review of medical | ||||||
| 22 | necessity, case management, experimental and | ||||||
| 23 | investigational treatments, managed care provisions, and | ||||||
| 24 | other terms and conditions of the insurance policy. | ||||||
| 25 | (4) The benefits for the first 48 hours of initiation | ||||||
| 26 | of services for an inpatient admission, detoxification or | ||||||
| |||||||
| |||||||
| 1 | withdrawal management program, or partial hospitalization | ||||||
| 2 | admission for the treatment of a mental, emotional, | ||||||
| 3 | nervous, or substance use disorder or condition related to | ||||||
| 4 | pregnancy or postpartum complications shall be provided | ||||||
| 5 | without post-service or concurrent review of medical | ||||||
| 6 | necessity, as the medical necessity for the first 48 hours | ||||||
| 7 | of such services shall be determined solely by the covered | ||||||
| 8 | pregnant or postpartum individual's provider. Subject to | ||||||
| 9 | Sections Section 370c and 370c.1 of this Code, nothing in | ||||||
| 10 | this paragraph shall prevent an insurer from applying | ||||||
| 11 | concurrent and post-service utilization review, including | ||||||
| 12 | the review of medical necessity, case management, | ||||||
| 13 | experimental and investigational treatments, managed care | ||||||
| 14 | provisions, and other terms and conditions of the | ||||||
| 15 | insurance policy, of any inpatient admission, | ||||||
| 16 | detoxification or withdrawal management program admission, | ||||||
| 17 | or partial hospitalization admission services for the | ||||||
| 18 | treatment of a mental, emotional, nervous, or substance | ||||||
| 19 | use disorder or condition related to pregnancy or | ||||||
| 20 | postpartum complications received 48 hours after the | ||||||
| 21 | initiation of such services. If an insurer determines that | ||||||
| 22 | the services are no longer medically necessary, then the | ||||||
| 23 | covered person shall have the right to external review | ||||||
| 24 | pursuant to the requirements of the Health Carrier | ||||||
| 25 | External Review Act. | ||||||
| 26 | (5) If an insurer determines that continued inpatient | ||||||
| |||||||
| |||||||
| 1 | care, detoxification or withdrawal management, partial | ||||||
| 2 | hospitalization, intensive outpatient treatment, or | ||||||
| 3 | outpatient treatment in a facility is no longer medically | ||||||
| 4 | necessary, the insurer shall, within 24 hours, provide | ||||||
| 5 | written notice to the covered pregnant or postpartum | ||||||
| 6 | individual and the covered pregnant or postpartum | ||||||
| 7 | individual's provider of its decision and the right to | ||||||
| 8 | file an expedited internal appeal of the determination. | ||||||
| 9 | The insurer shall review and make a determination with | ||||||
| 10 | respect to the internal appeal within 24 hours and | ||||||
| 11 | communicate such determination to the covered pregnant or | ||||||
| 12 | postpartum individual and the covered pregnant or | ||||||
| 13 | postpartum individual's provider. If the determination is | ||||||
| 14 | to uphold the denial, the covered pregnant or postpartum | ||||||
| 15 | individual and the covered pregnant or postpartum | ||||||
| 16 | individual's provider have the right to file an expedited | ||||||
| 17 | external appeal. An independent review organization shall | ||||||
| 18 | make a determination within 72 hours. If the insurer's | ||||||
| 19 | determination is upheld and it is determined that | ||||||
| 20 | continued inpatient care, detoxification or withdrawal | ||||||
| 21 | management, partial hospitalization, intensive outpatient | ||||||
| 22 | treatment, or outpatient treatment is not medically | ||||||
| 23 | necessary, the insurer shall remain responsible for | ||||||
| 24 | providing benefits for the inpatient care, detoxification | ||||||
| 25 | or withdrawal management, partial hospitalization, | ||||||
| 26 | intensive outpatient treatment, or outpatient treatment | ||||||
| |||||||
| |||||||
| 1 | through the day following the date the determination is | ||||||
| 2 | made, and the covered pregnant or postpartum individual | ||||||
| 3 | shall only be responsible for any applicable copayment, | ||||||
| 4 | deductible, and coinsurance for the stay through that date | ||||||
| 5 | as applicable under the policy. The covered pregnant or | ||||||
| 6 | postpartum individual shall not be discharged or released | ||||||
| 7 | from the inpatient facility, detoxification or withdrawal | ||||||
| 8 | management, partial hospitalization, intensive outpatient | ||||||
| 9 | treatment, or outpatient treatment until all internal | ||||||
| 10 | appeals and independent utilization review organization | ||||||
| 11 | appeals are exhausted. A decision to reverse an adverse | ||||||
| 12 | determination shall comply with the Health Carrier | ||||||
| 13 | External Review Act. | ||||||
| 14 | (6) Except as otherwise stated in this subsection (b) | ||||||
| 15 | and subsection (c), the benefits and cost-sharing shall be | ||||||
| 16 | provided to the same extent as for any other medical | ||||||
| 17 | condition covered under the policy. | ||||||
| 18 | (7) The benefits required by paragraphs (2) and (6) of | ||||||
| 19 | this subsection (b) are to be provided to (i) all covered | ||||||
| 20 | pregnant or postpartum individuals with a diagnosis of a | ||||||
| 21 | mental, emotional, nervous, or substance use disorder or | ||||||
| 22 | condition and (ii) all individuals who have experienced a | ||||||
| 23 | miscarriage or stillbirth. The presence of additional | ||||||
| 24 | related or unrelated diagnoses shall not be a basis to | ||||||
| 25 | reduce or deny the benefits required by this subsection | ||||||
| 26 | (b). | ||||||
| |||||||
| |||||||
| 1 | (8) Insurers shall cover all services for pregnancy, | ||||||
| 2 | postpartum, and newborn care that are rendered by | ||||||
| 3 | perinatal doulas or licensed certified professional | ||||||
| 4 | midwives, including home births, home visits, and support | ||||||
| 5 | during labor, abortion, or miscarriage. Coverage shall | ||||||
| 6 | include the necessary equipment and medical supplies for a | ||||||
| 7 | home birth. For home visits by a perinatal doula, not | ||||||
| 8 | counting any home birth, the policy may limit coverage to | ||||||
| 9 | 16 visits before and 16 visits after a birth, miscarriage, | ||||||
| 10 | or abortion, provided that the policy shall not be | ||||||
| 11 | required to cover more than $8,000 for doula visits for | ||||||
| 12 | each pregnancy and subsequent postpartum period. As used | ||||||
| 13 | in this paragraph (8), "perinatal doula" has the meaning | ||||||
| 14 | given in subsection (a) of Section 5-18.5 of the Illinois | ||||||
| 15 | Public Aid Code. | ||||||
| 16 | (9) Coverage for pregnancy, postpartum, and newborn | ||||||
| 17 | care shall include home visits by lactation consultants | ||||||
| 18 | and the purchase of breast pumps and breast pump supplies, | ||||||
| 19 | including such breast pumps, breast pump supplies, | ||||||
| 20 | breastfeeding supplies, and feeding aids as recommended by | ||||||
| 21 | the lactation consultant. As used in this paragraph (9), | ||||||
| 22 | "lactation consultant" means an International | ||||||
| 23 | Board-Certified Lactation Consultant, a certified | ||||||
| 24 | lactation specialist with a certification from Lactation | ||||||
| 25 | Education Consultants, or a certified lactation counselor | ||||||
| 26 | as defined in subsection (a) of Section 5-18.10 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Public Aid Code. | ||||||
| 2 | (10) Coverage for postpartum services shall apply for | ||||||
| 3 | all covered services rendered within the first 12 months | ||||||
| 4 | after the end of pregnancy, subject to any policy | ||||||
| 5 | limitation on home visits by a perinatal doula allowed | ||||||
| 6 | under paragraph (8) of this subsection (b). Nothing in | ||||||
| 7 | this paragraph (10) shall be construed to require a policy | ||||||
| 8 | to cover services for an individual who is no longer | ||||||
| 9 | insured or enrolled under the policy. If an individual | ||||||
| 10 | becomes insured or enrolled under a new policy, the new | ||||||
| 11 | policy shall cover the individual consistent with the time | ||||||
| 12 | period and limitations allowed under this paragraph (10). | ||||||
| 13 | This paragraph (10) is subject to the requirements of | ||||||
| 14 | Section 25 of the Managed Care Reform and Patient Rights | ||||||
| 15 | Act, Section 20 of the Network Adequacy and Transparency | ||||||
| 16 | Act, and 42 U.S.C. 300gg-113. | ||||||
| 17 | (c) All coverage described in subsection (b), other than | ||||||
| 18 | health care services for home births, shall be provided | ||||||
| 19 | without cost-sharing, except that, for mental health services, | ||||||
| 20 | the cost-sharing prohibition does not apply to inpatient or | ||||||
| 21 | residential services, and, for substance use disorder | ||||||
| 22 | services, the cost-sharing prohibition applies only to levels | ||||||
| 23 | of treatment below and not including Level 3.1 (Clinically | ||||||
| 24 | Managed Low-Intensity Residential), as established by the | ||||||
| 25 | American Society for Addiction Medicine. This subsection does | ||||||
| 26 | not apply to the extent such coverage would disqualify a | ||||||
| |||||||
| |||||||
| 1 | high-deductible health plan from eligibility for a health | ||||||
| 2 | savings account pursuant to Section 223 of the Internal | ||||||
| 3 | Revenue Code. | ||||||
| 4 | (Source: P.A. 102-665, eff. 10-8-21; 103-650, eff. 1-1-25; | ||||||
| 5 | 103-701, eff. 1-1-26; 103-720, eff. 1-1-26; revised 11-26-24.)
| ||||||
| 6 | (215 ILCS 5/356z.61) | ||||||
| 7 | Sec. 356z.61. Coverage for liver disease screening. A | ||||||
| 8 | group or individual policy of accident and health insurance or | ||||||
| 9 | a managed care plan that is amended, delivered, issued, or | ||||||
| 10 | renewed on or after January 1, 2025 shall provide coverage for | ||||||
| 11 | preventative liver disease screenings for individuals 35 years | ||||||
| 12 | of age or older and under the age of 65 at high risk for liver | ||||||
| 13 | disease, including liver ultrasounds and alpha-fetoprotein | ||||||
| 14 | blood tests every 6 months, without imposing a deductible, | ||||||
| 15 | coinsurance, copayment, or any other cost-sharing requirement | ||||||
| 16 | on the coverage provided; except that this Section does not | ||||||
| 17 | apply to coverage of liver disease screenings to the extent | ||||||
| 18 | such coverage would disqualify a high-deductible health plan | ||||||
| 19 | from eligibility for a health savings account pursuant to | ||||||
| 20 | Section 223 of the Internal Revenue Code. | ||||||
| 21 | (Source: P.A. 103-84, eff. 1-1-24; 103-605, eff. 7-1-24.)
| ||||||
| 22 | (215 ILCS 5/356z.71) | ||||||
| 23 | Sec. 356z.71. Coverage for mobile integrated health care | ||||||
| 24 | services. | ||||||
| |||||||
| |||||||
| 1 | (a) In this Section: | ||||||
| 2 | "Eligible recipient" means an individual who has received | ||||||
| 3 | hospital emergency department services 3 or more times in a | ||||||
| 4 | period of 4 consecutive months in the past 12 months or an | ||||||
| 5 | individual who has been identified by a health care provider | ||||||
| 6 | as an individual for whom mobile integrated health care | ||||||
| 7 | services would likely prevent admission or readmission to or | ||||||
| 8 | would allow discharge from a hospital, behavioral health | ||||||
| 9 | facility, acute care facility, or nursing facility. | ||||||
| 10 | "Mobile integrated health care services" means medically | ||||||
| 11 | necessary health services provided on-site by emergency | ||||||
| 12 | medical services personnel, as defined in Section 5 of the | ||||||
| 13 | Emergency Medical Services (EMS) Systems Act. | ||||||
| 14 | "Mobile integrated health care services" includes health | ||||||
| 15 | assessment, chronic disease monitoring and education, | ||||||
| 16 | medication compliance, immunizations and vaccinations, | ||||||
| 17 | laboratory specimen collection, hospital discharge follow-up | ||||||
| 18 | care, and minor medical procedures as approved by the | ||||||
| 19 | applicable EMS Medical Director. | ||||||
| 20 | "Mobile integrated health care services" does not include | ||||||
| 21 | nonemergency ambulance transport. | ||||||
| 22 | (b) A group or individual policy of accident and health | ||||||
| 23 | insurance or a managed care plan that is amended, delivered, | ||||||
| 24 | issued, or renewed on or after January 1, 2026, shall provide | ||||||
| 25 | coverage to an eligible recipient for medically necessary | ||||||
| 26 | mobile integrated health care services. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-1024, eff. 1-1-25.)
| ||||||
| 2 | (215 ILCS 5/356z.72) | ||||||
| 3 | Sec. 356z.72 356z.61. Wigs and hair prostheses. A group or | ||||||
| 4 | individual plan of accident and health insurance or managed | ||||||
| 5 | care plan amended, delivered, issued, or renewed after January | ||||||
| 6 | 1, 2026 must provide coverage, no less than once every 12 | ||||||
| 7 | months, for one wig or other scalp prosthesis worn for hair | ||||||
| 8 | loss caused by alopecia, chemotherapy, or radiation treatment | ||||||
| 9 | for cancer or other conditions. | ||||||
| 10 | (Source: P.A. 103-753, eff. 8-2-24; revised 9-25-24.)
| ||||||
| 11 | (215 ILCS 5/356z.73) | ||||||
| 12 | Sec. 356z.73 356z.71. Insurance coverage for dependent | ||||||
| 13 | parents. | ||||||
| 14 | (a) A group or individual policy of accident and health | ||||||
| 15 | insurance issued, amended, delivered, or renewed after January | ||||||
| 16 | 1, 2026 that provides dependent coverage shall make that | ||||||
| 17 | dependent coverage available to the parent or stepparent of | ||||||
| 18 | the insured if the parent or stepparent meets the definition | ||||||
| 19 | of a qualifying relative under 26 U.S.C. 152(d) and lives or | ||||||
| 20 | resides within the accident and health insurance policy's | ||||||
| 21 | service area. | ||||||
| 22 | (b) This Section does not apply to specialized health care | ||||||
| 23 | service plans, Medicare supplement insurance, hospital-only | ||||||
| 24 | policies, accident-only policies, or specified disease | ||||||
| |||||||
| |||||||
| 1 | insurance policies that reimburse for hospital, medical, or | ||||||
| 2 | surgical expenses. | ||||||
| 3 | (Source: P.A. 103-700, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 4 | (215 ILCS 5/356z.74) | ||||||
| 5 | Sec. 356z.74 356z.71. Coverage for annual menopause health | ||||||
| 6 | visit. A group or individual policy of accident and health | ||||||
| 7 | insurance providing coverage for more than 25 employees that | ||||||
| 8 | is amended, delivered, issued, or renewed on or after January | ||||||
| 9 | 1, 2026 shall provide, for individuals 45 years of age and | ||||||
| 10 | older, coverage for an annual menopause health visit. A policy | ||||||
| 11 | subject to this Section shall not impose a deductible, | ||||||
| 12 | coinsurance, copayment, or any other cost-sharing requirement | ||||||
| 13 | on the coverage provided; except that this Section does not | ||||||
| 14 | apply to this coverage to the extent such coverage would | ||||||
| 15 | disqualify a high-deductible health plan from eligibility for | ||||||
| 16 | a health savings account pursuant to Section 223 of the | ||||||
| 17 | Internal Revenue Code. | ||||||
| 18 | (Source: P.A. 103-751, eff. 8-2-24; revised 9-25-24.)
| ||||||
| 19 | (215 ILCS 5/356z.75) | ||||||
| 20 | Sec. 356z.75 356z.71. Coverage during a generic drug | ||||||
| 21 | shortage. | ||||||
| 22 | (a) As used in this Section: | ||||||
| 23 | "Eligible prescription drug" means a prescription drug | ||||||
| 24 | approved under 21 U.S.C. 355(c) that is not under patent. | ||||||
| |||||||
| |||||||
| 1 | "Generic drug" means a drug that is approved pursuant to | ||||||
| 2 | an application referencing an eligible prescription drug that | ||||||
| 3 | is submitted under subsection (j) of Section 505 of the | ||||||
| 4 | Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 355(j). | ||||||
| 5 | "Unavailable" means being listed as Currently in Shortage | ||||||
| 6 | or as a Discontinuation in the United States Food and Drug | ||||||
| 7 | Administration's Drug Shortages Database. "Unavailable" does | ||||||
| 8 | not include being listed as a Resolved Shortage in the United | ||||||
| 9 | States Food and Drug Administration's Drug Shortages Database. | ||||||
| 10 | (b) If a generic drug or a therapeutic equivalent is | ||||||
| 11 | unavailable due to a supply issue and dosage cannot be | ||||||
| 12 | adjusted, a group or individual policy of accident and health | ||||||
| 13 | insurance or a managed care plan that is amended, delivered, | ||||||
| 14 | issued, or renewed after January 1, 2026 shall provide | ||||||
| 15 | coverage for a brand name eligible prescription drug until | ||||||
| 16 | supply of the generic drug or a therapeutic equivalent is | ||||||
| 17 | available. | ||||||
| 18 | (Source: P.A. 103-758, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 19 | (215 ILCS 5/356z.76) | ||||||
| 20 | Sec. 356z.76 356z.71. Coverage for at-home pregnancy | ||||||
| 21 | tests. A group or individual policy of accident and health | ||||||
| 22 | insurance or a managed care plan that is amended, delivered, | ||||||
| 23 | issued, or renewed on or after January 1, 2026 shall provide | ||||||
| 24 | coverage for at-home, urine-based pregnancy tests that are | ||||||
| 25 | prescribed to the covered person, regardless of whether the | ||||||
| |||||||
| |||||||
| 1 | tests are otherwise available over-the-counter. The coverage | ||||||
| 2 | required under this Section is limited to 2 at-home, | ||||||
| 3 | urine-based pregnancy tests every 30 days. | ||||||
| 4 | (Source: P.A. 103-870, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 5 | (215 ILCS 5/356z.77) | ||||||
| 6 | Sec. 356z.77 356z.71. Coverage of vaccination | ||||||
| 7 | administration fees. | ||||||
| 8 | (a) A group or individual policy of accident and health | ||||||
| 9 | insurance or a managed care plan that is amended, delivered, | ||||||
| 10 | issued, or renewed on or after January 1, 2026 shall provide | ||||||
| 11 | coverage for vaccinations for COVID-19, influenza, and | ||||||
| 12 | respiratory syncytial virus, including the administration of | ||||||
| 13 | the vaccine by a pharmacist or health care provider authorized | ||||||
| 14 | to administer such a vaccine, without imposing a deductible, | ||||||
| 15 | coinsurance, copayment, or any other cost-sharing requirement, | ||||||
| 16 | if the following conditions are met: | ||||||
| 17 | (1) the vaccine is authorized or licensed by the | ||||||
| 18 | United States Food and Drug Administration; and | ||||||
| 19 | (2) the vaccine is ordered and administered according | ||||||
| 20 | to the Advisory Committee on Immunization Practices | ||||||
| 21 | standard immunization schedule. | ||||||
| 22 | (b) If the vaccinations provided for in subsection (a) are | ||||||
| 23 | not otherwise available to be administered by a contracted | ||||||
| 24 | pharmacist or health care provider, the group or individual | ||||||
| 25 | policy of accident and health insurance or a managed care plan | ||||||
| |||||||
| |||||||
| 1 | shall cover the vaccination, including administration fees, | ||||||
| 2 | without imposing a deductible, coinsurance, copayment, or any | ||||||
| 3 | other cost-sharing requirement. | ||||||
| 4 | (c) The coverage required in this Section does not apply | ||||||
| 5 | to the extent that the coverage would disqualify a | ||||||
| 6 | high-deductible health plan from eligibility for a health | ||||||
| 7 | savings account pursuant to Section 223 of the Internal | ||||||
| 8 | Revenue Code of 1986. | ||||||
| 9 | (Source: P.A. 103-918, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 10 | (215 ILCS 5/356z.78) | ||||||
| 11 | Sec. 356z.78 356z.71. Coverage for medically necessary | ||||||
| 12 | care and treatment to address a major injury to the jaw either | ||||||
| 13 | through an accident or disease. | ||||||
| 14 | (a) In this Section, "medically necessary care and | ||||||
| 15 | treatment to address a major injury to the jaw either through | ||||||
| 16 | an accident or disease" includes: | ||||||
| 17 | (1) oral and facial surgery, including reconstructive | ||||||
| 18 | services and procedures necessary to improve, restore, or | ||||||
| 19 | maintain vital functions; | ||||||
| 20 | (2) dental implants, crowns, or bridges; | ||||||
| 21 | (3) prosthetic treatment such as obturators, speech | ||||||
| 22 | appliances, and feeding appliances; | ||||||
| 23 | (4) orthodontic treatment and management; | ||||||
| 24 | (5) prosthodontic treatment and management; and | ||||||
| 25 | (6) otolaryngology treatment and management. | ||||||
| |||||||
| |||||||
| 1 | (b) An individual or group policy of accident and health | ||||||
| 2 | insurance amended, delivered, issued, or renewed on or after | ||||||
| 3 | January 1, 2026 shall provide coverage for medically necessary | ||||||
| 4 | care and treatment to address a major injury to the jaw either | ||||||
| 5 | through an accident or disease. Coverage under this Section | ||||||
| 6 | may impose the same deductibles, coinsurance, or other | ||||||
| 7 | cost-sharing limitations that are imposed on other related | ||||||
| 8 | benefits under the policy. | ||||||
| 9 | (Source: P.A. 103-972, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 10 | (215 ILCS 5/363) | ||||||
| 11 | (Text of Section before amendment by P.A. 103-747) | ||||||
| 12 | Sec. 363. Medicare supplement policies; minimum standards. | ||||||
| 13 | (1) Except as otherwise specifically provided therein, | ||||||
| 14 | this Section and Section 363a of this Code shall apply to: | ||||||
| 15 | (a) all Medicare supplement policies and subscriber | ||||||
| 16 | contracts delivered or issued for delivery in this State | ||||||
| 17 | on and after January 1, 1989; and | ||||||
| 18 | (b) all certificates issued under group Medicare | ||||||
| 19 | supplement policies or subscriber contracts, which | ||||||
| 20 | certificates are issued or issued for delivery in this | ||||||
| 21 | State on and after January 1, 1989. | ||||||
| 22 | This Section shall not apply to "Accident Only" or | ||||||
| 23 | "Specified Disease" types of policies. The provisions of this | ||||||
| 24 | Section are not intended to prohibit or apply to policies or | ||||||
| 25 | health care benefit plans, including group conversion | ||||||
| |||||||
| |||||||
| 1 | policies, provided to Medicare eligible persons, which | ||||||
| 2 | policies or plans are not marketed or purported or held to be | ||||||
| 3 | Medicare supplement policies or benefit plans. | ||||||
| 4 | (2) For the purposes of this Section and Section 363a, the | ||||||
| 5 | following terms have the following meanings: | ||||||
| 6 | (a) "Applicant" means: | ||||||
| 7 | (i) in the case of individual Medicare supplement | ||||||
| 8 | policy, the person who seeks to contract for insurance | ||||||
| 9 | benefits, and | ||||||
| 10 | (ii) in the case of a group Medicare policy or | ||||||
| 11 | subscriber contract, the proposed certificate holder. | ||||||
| 12 | (b) "Certificate" means any certificate delivered or | ||||||
| 13 | issued for delivery in this State under a group Medicare | ||||||
| 14 | supplement policy. | ||||||
| 15 | (c) "Medicare supplement policy" means an individual | ||||||
| 16 | policy of accident and health insurance, as defined in | ||||||
| 17 | paragraph (a) of subsection (2) of Section 355a of this | ||||||
| 18 | Code, or a group policy or certificate delivered or issued | ||||||
| 19 | for delivery in this State by an insurer, fraternal | ||||||
| 20 | benefit society, voluntary health service plan, or health | ||||||
| 21 | maintenance organization, other than a policy issued | ||||||
| 22 | pursuant to a contract under Section 1876 of the federal | ||||||
| 23 | Social Security Act (42 U.S.C. Section 1395 et seq.) or a | ||||||
| 24 | policy issued under a demonstration project specified in | ||||||
| 25 | 42 U.S.C. Section 1395ss(g)(1), or any similar | ||||||
| 26 | organization, that is advertised, marketed, or designed | ||||||
| |||||||
| |||||||
| 1 | primarily as a supplement to reimbursements under Medicare | ||||||
| 2 | for the hospital, medical, or surgical expenses of persons | ||||||
| 3 | eligible for Medicare. | ||||||
| 4 | (d) "Issuer" includes insurance companies, fraternal | ||||||
| 5 | benefit societies, voluntary health service plans, health | ||||||
| 6 | maintenance organizations, or any other entity providing | ||||||
| 7 | Medicare supplement insurance, unless the context clearly | ||||||
| 8 | indicates otherwise. | ||||||
| 9 | (e) "Medicare" means the Health Insurance for the Aged | ||||||
| 10 | Act, Title XVIII of the Social Security Amendments of | ||||||
| 11 | 1965. | ||||||
| 12 | (3) No Medicare supplement insurance policy, contract, or | ||||||
| 13 | certificate, that provides benefits that duplicate benefits | ||||||
| 14 | provided by Medicare, shall be issued or issued for delivery | ||||||
| 15 | in this State after December 31, 1988. No such policy, | ||||||
| 16 | contract, or certificate shall provide lesser benefits than | ||||||
| 17 | those required under this Section or the existing Medicare | ||||||
| 18 | Supplement Minimum Standards Regulation, except where | ||||||
| 19 | duplication of Medicare benefits would result. | ||||||
| 20 | (4) Medicare supplement policies or certificates shall | ||||||
| 21 | have a notice prominently printed on the first page of the | ||||||
| 22 | policy or attached thereto stating in substance that the | ||||||
| 23 | policyholder or certificate holder shall have the right to | ||||||
| 24 | return the policy or certificate within 30 days of its | ||||||
| 25 | delivery and to have the premium refunded directly to him or | ||||||
| 26 | her in a timely manner if, after examination of the policy or | ||||||
| |||||||
| |||||||
| 1 | certificate, the insured person is not satisfied for any | ||||||
| 2 | reason. | ||||||
| 3 | (5) A Medicare supplement policy or certificate may not | ||||||
| 4 | deny a claim for losses incurred more than 6 months from the | ||||||
| 5 | effective date of coverage for a preexisting condition. The | ||||||
| 6 | policy may not define a preexisting condition more | ||||||
| 7 | restrictively than a condition for which medical advice was | ||||||
| 8 | given or treatment was recommended by or received from a | ||||||
| 9 | physician within 6 months before the effective date of | ||||||
| 10 | coverage. | ||||||
| 11 | (6) An issuer of a Medicare supplement policy shall: | ||||||
| 12 | (a) not deny coverage to an applicant under 65 years | ||||||
| 13 | of age who meets any of the following criteria: | ||||||
| 14 | (i) becomes eligible for Medicare by reason of | ||||||
| 15 | disability if the person makes application for a | ||||||
| 16 | Medicare supplement policy within 6 months of the | ||||||
| 17 | first day on which the person enrolls for benefits | ||||||
| 18 | under Medicare Part B; for a person who is | ||||||
| 19 | retroactively enrolled in Medicare Part B due to a | ||||||
| 20 | retroactive eligibility decision made by the Social | ||||||
| 21 | Security Administration, the application must be | ||||||
| 22 | submitted within a 6-month period beginning with the | ||||||
| 23 | month in which the person received notice of | ||||||
| 24 | retroactive eligibility to enroll; | ||||||
| 25 | (ii) has Medicare and an employer group health | ||||||
| 26 | plan (either primary or secondary to Medicare) that | ||||||
| |||||||
| |||||||
| 1 | terminates or ceases to provide all such supplemental | ||||||
| 2 | health benefits; | ||||||
| 3 | (iii) is insured by a Medicare Advantage plan that | ||||||
| 4 | includes a Health Maintenance Organization, a | ||||||
| 5 | Preferred Provider Organization, and a Private | ||||||
| 6 | Fee-For-Service or Medicare Select plan and the | ||||||
| 7 | applicant moves out of the plan's service area; the | ||||||
| 8 | insurer goes out of business, withdraws from the | ||||||
| 9 | market, or has its Medicare contract terminated; or | ||||||
| 10 | the plan violates its contract provisions or is | ||||||
| 11 | misrepresented in its marketing; or | ||||||
| 12 | (iv) is insured by a Medicare supplement policy | ||||||
| 13 | and the insurer goes out of business, withdraws from | ||||||
| 14 | the market, or the insurance company or agents | ||||||
| 15 | misrepresent the plan and the applicant is without | ||||||
| 16 | coverage; | ||||||
| 17 | (b) make available to persons eligible for Medicare by | ||||||
| 18 | reason of disability each type of Medicare supplement | ||||||
| 19 | policy the issuer makes available to persons eligible for | ||||||
| 20 | Medicare by reason of age; | ||||||
| 21 | (c) not charge individuals who become eligible for | ||||||
| 22 | Medicare by reason of disability and who are under the age | ||||||
| 23 | of 65 premium rates for any medical supplemental insurance | ||||||
| 24 | benefit plan offered by the issuer that exceed the | ||||||
| 25 | issuer's highest rate on the current rate schedule filed | ||||||
| 26 | with the Department Division of Insurance for that plan to | ||||||
| |||||||
| |||||||
| 1 | individuals who are age 65 or older; and | ||||||
| 2 | (d) provide the rights granted by items (a) through | ||||||
| 3 | (d), for 6 months after June 1, 2008 (the effective date of | ||||||
| 4 | Public Act 95-436) this amendatory Act of the 95th General | ||||||
| 5 | Assembly, to any person who had enrolled for benefits | ||||||
| 6 | under Medicare Part B prior to Public Act 95-436 and this | ||||||
| 7 | amendatory Act of the 95th General Assembly who otherwise | ||||||
| 8 | would have been eligible for coverage under item (a). | ||||||
| 9 | (7) The Director shall issue reasonable rules and | ||||||
| 10 | regulations for the following purposes: | ||||||
| 11 | (a) To establish specific standards for policy | ||||||
| 12 | provisions of Medicare policies and certificates. The | ||||||
| 13 | standards shall be in accordance with the requirements of | ||||||
| 14 | this Code. No requirement of this Code relating to minimum | ||||||
| 15 | required policy benefits, other than the minimum standards | ||||||
| 16 | contained in this Section and Section 363a, shall apply to | ||||||
| 17 | Medicare supplement policies and certificates. The | ||||||
| 18 | standards may cover, but are not limited to the following: | ||||||
| 19 | (A) Terms of renewability. | ||||||
| 20 | (B) Initial and subsequent terms of eligibility. | ||||||
| 21 | (C) Non-duplication of coverage. | ||||||
| 22 | (D) Probationary and elimination periods. | ||||||
| 23 | (E) Benefit limitations, exceptions and | ||||||
| 24 | reductions. | ||||||
| 25 | (F) Requirements for replacement. | ||||||
| 26 | (G) Recurrent conditions. | ||||||
| |||||||
| |||||||
| 1 | (H) Definition of terms. | ||||||
| 2 | (I) Requirements for issuing rebates or credits to | ||||||
| 3 | policyholders if the policy's loss ratio does not | ||||||
| 4 | comply with subsection (7) of Section 363a. | ||||||
| 5 | (J) Uniform methodology for the calculating and | ||||||
| 6 | reporting of loss ratio information. | ||||||
| 7 | (K) Assuring public access to loss ratio | ||||||
| 8 | information of an issuer of Medicare supplement | ||||||
| 9 | insurance. | ||||||
| 10 | (L) Establishing a process for approving or | ||||||
| 11 | disapproving proposed premium increases. | ||||||
| 12 | (M) Establishing a policy for holding public | ||||||
| 13 | hearings prior to approval of premium increases. | ||||||
| 14 | (N) Establishing standards for Medicare Select | ||||||
| 15 | policies. | ||||||
| 16 | (O) Prohibited policy provisions not otherwise | ||||||
| 17 | specifically authorized by statute that, in the | ||||||
| 18 | opinion of the Director, are unjust, unfair, or | ||||||
| 19 | unfairly discriminatory to any person insured or | ||||||
| 20 | proposed for coverage under a Medicare medicare | ||||||
| 21 | supplement policy or certificate. | ||||||
| 22 | (b) To establish minimum standards for benefits and | ||||||
| 23 | claims payments, marketing practices, compensation | ||||||
| 24 | arrangements, and reporting practices for Medicare | ||||||
| 25 | supplement policies. | ||||||
| 26 | (c) To implement transitional requirements of Medicare | ||||||
| |||||||
| |||||||
| 1 | supplement insurance benefits and premiums of Medicare | ||||||
| 2 | supplement policies and certificates to conform to | ||||||
| 3 | Medicare program revisions. | ||||||
| 4 | (8) If an individual is at least 65 years of age but no | ||||||
| 5 | more than 75 years of age and has an existing Medicare | ||||||
| 6 | supplement policy, the individual is entitled to an annual | ||||||
| 7 | open enrollment period lasting 45 days, commencing with the | ||||||
| 8 | individual's birthday, and the individual may purchase any | ||||||
| 9 | Medicare supplement policy with the same issuer that offers | ||||||
| 10 | benefits equal to or lesser than those provided by the | ||||||
| 11 | previous coverage. During this open enrollment period, an | ||||||
| 12 | issuer of a Medicare supplement policy shall not deny or | ||||||
| 13 | condition the issuance or effectiveness of Medicare | ||||||
| 14 | supplemental coverage, nor discriminate in the pricing of | ||||||
| 15 | coverage, because of health status, claims experience, receipt | ||||||
| 16 | of health care, or a medical condition of the individual. An | ||||||
| 17 | issuer shall provide notice of this annual open enrollment | ||||||
| 18 | period for eligible Medicare supplement policyholders at the | ||||||
| 19 | time that the application is made for a Medicare supplement | ||||||
| 20 | policy or certificate. The notice shall be in a form that may | ||||||
| 21 | be prescribed by the Department. | ||||||
| 22 | (9) Without limiting an individual's eligibility under | ||||||
| 23 | Department rules implementing 42 U.S.C. 1395ss(s)(2)(A), for | ||||||
| 24 | at least 63 days after the later of the applicant's loss of | ||||||
| 25 | benefits or the notice of termination of benefits, including a | ||||||
| 26 | notice of claim denial due to termination of benefits, under | ||||||
| |||||||
| |||||||
| 1 | the State's medical assistance program under Article V of the | ||||||
| 2 | Illinois Public Aid Code, an issuer shall not deny or | ||||||
| 3 | condition the issuance or effectiveness of any Medicare | ||||||
| 4 | supplement policy or certificate that is offered and is | ||||||
| 5 | available for issuance to new enrollees by the issuer; shall | ||||||
| 6 | not discriminate in the pricing of such a Medicare supplement | ||||||
| 7 | policy because of health status, claims experience, receipt of | ||||||
| 8 | health care, or medical condition; and shall not include a | ||||||
| 9 | policy provision that imposes an exclusion of benefits based | ||||||
| 10 | on a preexisting condition under such a Medicare supplement | ||||||
| 11 | policy if the individual: | ||||||
| 12 | (a) is enrolled for Medicare Part B; | ||||||
| 13 | (b) was enrolled in the State's medical assistance | ||||||
| 14 | program during the COVID-19 Public Health Emergency | ||||||
| 15 | described in Section 5-1.5 of the Illinois Public Aid | ||||||
| 16 | Code; | ||||||
| 17 | (c) was terminated or disenrolled from the State's | ||||||
| 18 | medical assistance program after the COVID-19 Public | ||||||
| 19 | Health Emergency and the later of the date of termination | ||||||
| 20 | of benefits or the date of the notice of termination, | ||||||
| 21 | including a notice of a claim denial due to termination, | ||||||
| 22 | occurred on, after, or no more than 63 days before the end | ||||||
| 23 | of either, as applicable: | ||||||
| 24 | (A) the individual's Medicare supplement open | ||||||
| 25 | enrollment period described in Department rules | ||||||
| 26 | implementing 42 U.S.C. 1395ss(s)(2)(A); or | ||||||
| |||||||
| |||||||
| 1 | (B) the 6-month period described in Section | ||||||
| 2 | 363(6)(a)(i) of this Code; and | ||||||
| 3 | (d) submits evidence of the date of termination of | ||||||
| 4 | benefits or notice of termination under the State's | ||||||
| 5 | medical assistance program with the application for a | ||||||
| 6 | Medicare supplement policy or certificate. | ||||||
| 7 | (10) Each Medicare supplement policy and certificate | ||||||
| 8 | available from an insurer on and after June 16, 2023 (the | ||||||
| 9 | effective date of Public Act 103-102) this amendatory Act of | ||||||
| 10 | the 103rd General Assembly shall be made available to all | ||||||
| 11 | applicants who qualify under subparagraph (i) of paragraph (a) | ||||||
| 12 | of subsection (6) or Department rules implementing 42 U.S.C. | ||||||
| 13 | 1395ss(s)(2)(A) without regard to age or applicability of a | ||||||
| 14 | Medicare Part B late enrollment penalty. | ||||||
| 15 | (Source: P.A. 102-142, eff. 1-1-22; 103-102, eff. 6-16-23; | ||||||
| 16 | revised 10-24-24.)
| ||||||
| 17 | (Text of Section after amendment by P.A. 103-747) | ||||||
| 18 | Sec. 363. Medicare supplement policies; minimum standards. | ||||||
| 19 | (1) Except as otherwise specifically provided therein, | ||||||
| 20 | this Section and Section 363a of this Code shall apply to: | ||||||
| 21 | (a) all Medicare supplement policies and subscriber | ||||||
| 22 | contracts delivered or issued for delivery in this State | ||||||
| 23 | on and after January 1, 1989; and | ||||||
| 24 | (b) all certificates issued under group Medicare | ||||||
| 25 | supplement policies or subscriber contracts, which | ||||||
| |||||||
| |||||||
| 1 | certificates are issued or issued for delivery in this | ||||||
| 2 | State on and after January 1, 1989. | ||||||
| 3 | This Section shall not apply to "Accident Only" or | ||||||
| 4 | "Specified Disease" types of policies. The provisions of this | ||||||
| 5 | Section are not intended to prohibit or apply to policies or | ||||||
| 6 | health care benefit plans, including group conversion | ||||||
| 7 | policies, provided to Medicare eligible persons, which | ||||||
| 8 | policies or plans are not marketed or purported or held to be | ||||||
| 9 | Medicare supplement policies or benefit plans. | ||||||
| 10 | (2) For the purposes of this Section and Section 363a, the | ||||||
| 11 | following terms have the following meanings: | ||||||
| 12 | (a) "Applicant" means: | ||||||
| 13 | (i) in the case of individual Medicare supplement | ||||||
| 14 | policy, the person who seeks to contract for insurance | ||||||
| 15 | benefits, and | ||||||
| 16 | (ii) in the case of a group Medicare policy or | ||||||
| 17 | subscriber contract, the proposed certificate holder. | ||||||
| 18 | (b) "Certificate" means any certificate delivered or | ||||||
| 19 | issued for delivery in this State under a group Medicare | ||||||
| 20 | supplement policy. | ||||||
| 21 | (c) "Medicare supplement policy" means an individual | ||||||
| 22 | policy of accident and health insurance, as defined in | ||||||
| 23 | paragraph (a) of subsection (2) of Section 355a of this | ||||||
| 24 | Code, or a group policy or certificate delivered or issued | ||||||
| 25 | for delivery in this State by an insurer, fraternal | ||||||
| 26 | benefit society, voluntary health service plan, or health | ||||||
| |||||||
| |||||||
| 1 | maintenance organization, other than a policy issued | ||||||
| 2 | pursuant to a contract under Section 1876 of the federal | ||||||
| 3 | Social Security Act (42 U.S.C. Section 1395 et seq.) or a | ||||||
| 4 | policy issued under a demonstration project specified in | ||||||
| 5 | 42 U.S.C. Section 1395ss(g)(1), or any similar | ||||||
| 6 | organization, that is advertised, marketed, or designed | ||||||
| 7 | primarily as a supplement to reimbursements under Medicare | ||||||
| 8 | for the hospital, medical, or surgical expenses of persons | ||||||
| 9 | eligible for Medicare. | ||||||
| 10 | (d) "Issuer" includes insurance companies, fraternal | ||||||
| 11 | benefit societies, voluntary health service plans, health | ||||||
| 12 | maintenance organizations, or any other entity providing | ||||||
| 13 | Medicare supplement insurance, unless the context clearly | ||||||
| 14 | indicates otherwise. | ||||||
| 15 | (e) "Medicare" means the Health Insurance for the Aged | ||||||
| 16 | Act, Title XVIII of the Social Security Amendments of | ||||||
| 17 | 1965. | ||||||
| 18 | (3) No Medicare supplement insurance policy, contract, or | ||||||
| 19 | certificate, that provides benefits that duplicate benefits | ||||||
| 20 | provided by Medicare, shall be issued or issued for delivery | ||||||
| 21 | in this State after December 31, 1988. No such policy, | ||||||
| 22 | contract, or certificate shall provide lesser benefits than | ||||||
| 23 | those required under this Section or the existing Medicare | ||||||
| 24 | Supplement Minimum Standards Regulation, except where | ||||||
| 25 | duplication of Medicare benefits would result. | ||||||
| 26 | (4) Medicare supplement policies or certificates shall | ||||||
| |||||||
| |||||||
| 1 | have a notice prominently printed on the first page of the | ||||||
| 2 | policy or attached thereto stating in substance that the | ||||||
| 3 | policyholder or certificate holder shall have the right to | ||||||
| 4 | return the policy or certificate within 30 days of its | ||||||
| 5 | delivery and to have the premium refunded directly to him or | ||||||
| 6 | her in a timely manner if, after examination of the policy or | ||||||
| 7 | certificate, the insured person is not satisfied for any | ||||||
| 8 | reason. | ||||||
| 9 | (5) A Medicare supplement policy or certificate may not | ||||||
| 10 | deny a claim for losses incurred more than 6 months from the | ||||||
| 11 | effective date of coverage for a preexisting condition. The | ||||||
| 12 | policy may not define a preexisting condition more | ||||||
| 13 | restrictively than a condition for which medical advice was | ||||||
| 14 | given or treatment was recommended by or received from a | ||||||
| 15 | physician within 6 months before the effective date of | ||||||
| 16 | coverage. | ||||||
| 17 | (6) An issuer of a Medicare supplement policy shall: | ||||||
| 18 | (a) not deny coverage to an applicant under 65 years | ||||||
| 19 | of age who meets any of the following criteria: | ||||||
| 20 | (i) becomes eligible for Medicare by reason of | ||||||
| 21 | disability if the person makes application for a | ||||||
| 22 | Medicare supplement policy within 6 months of the | ||||||
| 23 | first day on which the person enrolls for benefits | ||||||
| 24 | under Medicare Part B; for a person who is | ||||||
| 25 | retroactively enrolled in Medicare Part B due to a | ||||||
| 26 | retroactive eligibility decision made by the Social | ||||||
| |||||||
| |||||||
| 1 | Security Administration, the application must be | ||||||
| 2 | submitted within a 6-month period beginning with the | ||||||
| 3 | month in which the person received notice of | ||||||
| 4 | retroactive eligibility to enroll; | ||||||
| 5 | (ii) has Medicare and an employer group health | ||||||
| 6 | plan (either primary or secondary to Medicare) that | ||||||
| 7 | terminates or ceases to provide all such supplemental | ||||||
| 8 | health benefits; | ||||||
| 9 | (iii) is insured by a Medicare Advantage plan that | ||||||
| 10 | includes a Health Maintenance Organization, a | ||||||
| 11 | Preferred Provider Organization, and a Private | ||||||
| 12 | Fee-For-Service or Medicare Select plan and the | ||||||
| 13 | applicant moves out of the plan's service area; the | ||||||
| 14 | insurer goes out of business, withdraws from the | ||||||
| 15 | market, or has its Medicare contract terminated; or | ||||||
| 16 | the plan violates its contract provisions or is | ||||||
| 17 | misrepresented in its marketing; or | ||||||
| 18 | (iv) is insured by a Medicare supplement policy | ||||||
| 19 | and the insurer goes out of business, withdraws from | ||||||
| 20 | the market, or the insurance company or agents | ||||||
| 21 | misrepresent the plan and the applicant is without | ||||||
| 22 | coverage; | ||||||
| 23 | (b) make available to persons eligible for Medicare by | ||||||
| 24 | reason of disability each type of Medicare supplement | ||||||
| 25 | policy the issuer makes available to persons eligible for | ||||||
| 26 | Medicare by reason of age; | ||||||
| |||||||
| |||||||
| 1 | (c) not charge individuals who become eligible for | ||||||
| 2 | Medicare by reason of disability and who are under the age | ||||||
| 3 | of 65 premium rates for any medical supplemental insurance | ||||||
| 4 | benefit plan offered by the issuer that exceed the | ||||||
| 5 | issuer's highest rate on the current rate schedule filed | ||||||
| 6 | with the Department Division of Insurance for that plan to | ||||||
| 7 | individuals who are age 65 or older; and | ||||||
| 8 | (d) provide the rights granted by items (a) through | ||||||
| 9 | (d), for 6 months after June 1, 2008 (the effective date of | ||||||
| 10 | Public Act 95-436) this amendatory Act of the 95th General | ||||||
| 11 | Assembly, to any person who had enrolled for benefits | ||||||
| 12 | under Medicare Part B prior to Public Act 95-436 and this | ||||||
| 13 | amendatory Act of the 95th General Assembly who otherwise | ||||||
| 14 | would have been eligible for coverage under item (a). | ||||||
| 15 | (7) The Director shall issue reasonable rules and | ||||||
| 16 | regulations for the following purposes: | ||||||
| 17 | (a) To establish specific standards for policy | ||||||
| 18 | provisions of Medicare policies and certificates. The | ||||||
| 19 | standards shall be in accordance with the requirements of | ||||||
| 20 | this Code. No requirement of this Code relating to minimum | ||||||
| 21 | required policy benefits, other than the minimum standards | ||||||
| 22 | contained in this Section and Section 363a, shall apply to | ||||||
| 23 | Medicare supplement policies and certificates. The | ||||||
| 24 | standards may cover, but are not limited to the following: | ||||||
| 25 | (A) Terms of renewability. | ||||||
| 26 | (B) Initial and subsequent terms of eligibility. | ||||||
| |||||||
| |||||||
| 1 | (C) Non-duplication of coverage. | ||||||
| 2 | (D) Probationary and elimination periods. | ||||||
| 3 | (E) Benefit limitations, exceptions and | ||||||
| 4 | reductions. | ||||||
| 5 | (F) Requirements for replacement. | ||||||
| 6 | (G) Recurrent conditions. | ||||||
| 7 | (H) Definition of terms. | ||||||
| 8 | (I) Requirements for issuing rebates or credits to | ||||||
| 9 | policyholders if the policy's loss ratio does not | ||||||
| 10 | comply with subsection (7) of Section 363a. | ||||||
| 11 | (J) Uniform methodology for the calculating and | ||||||
| 12 | reporting of loss ratio information. | ||||||
| 13 | (K) Assuring public access to loss ratio | ||||||
| 14 | information of an issuer of Medicare supplement | ||||||
| 15 | insurance. | ||||||
| 16 | (L) Establishing a process for approving or | ||||||
| 17 | disapproving proposed premium increases. | ||||||
| 18 | (M) Establishing a policy for holding public | ||||||
| 19 | hearings prior to approval of premium increases. | ||||||
| 20 | (N) Establishing standards for Medicare Select | ||||||
| 21 | policies. | ||||||
| 22 | (O) Prohibited policy provisions not otherwise | ||||||
| 23 | specifically authorized by statute that, in the | ||||||
| 24 | opinion of the Director, are unjust, unfair, or | ||||||
| 25 | unfairly discriminatory to any person insured or | ||||||
| 26 | proposed for coverage under a Medicare medicare | ||||||
| |||||||
| |||||||
| 1 | supplement policy or certificate. | ||||||
| 2 | (b) To establish minimum standards for benefits and | ||||||
| 3 | claims payments, marketing practices, compensation | ||||||
| 4 | arrangements, and reporting practices for Medicare | ||||||
| 5 | supplement policies. | ||||||
| 6 | (c) To implement transitional requirements of Medicare | ||||||
| 7 | supplement insurance benefits and premiums of Medicare | ||||||
| 8 | supplement policies and certificates to conform to | ||||||
| 9 | Medicare program revisions. | ||||||
| 10 | (8) If an individual is at least 65 years of age but no | ||||||
| 11 | more than 75 years of age and has an existing Medicare | ||||||
| 12 | supplement policy, the individual is entitled to an annual | ||||||
| 13 | open enrollment period lasting 45 days, commencing with the | ||||||
| 14 | individual's birthday, and the individual may purchase any | ||||||
| 15 | Medicare supplement policy with the same issuer or any | ||||||
| 16 | affiliate authorized to transact business in this State that | ||||||
| 17 | offers benefits equal to or lesser than those provided by the | ||||||
| 18 | previous coverage. During this open enrollment period, an | ||||||
| 19 | issuer of a Medicare supplement policy shall not deny or | ||||||
| 20 | condition the issuance or effectiveness of Medicare | ||||||
| 21 | supplemental coverage, nor discriminate in the pricing of | ||||||
| 22 | coverage, because of health status, claims experience, receipt | ||||||
| 23 | of health care, or a medical condition of the individual. An | ||||||
| 24 | issuer shall provide notice of this annual open enrollment | ||||||
| 25 | period for eligible Medicare supplement policyholders at the | ||||||
| 26 | time that the application is made for a Medicare supplement | ||||||
| |||||||
| |||||||
| 1 | policy or certificate. The notice shall be in a form that may | ||||||
| 2 | be prescribed by the Department. | ||||||
| 3 | (9) Without limiting an individual's eligibility under | ||||||
| 4 | Department rules implementing 42 U.S.C. 1395ss(s)(2)(A), for | ||||||
| 5 | at least 63 days after the later of the applicant's loss of | ||||||
| 6 | benefits or the notice of termination of benefits, including a | ||||||
| 7 | notice of claim denial due to termination of benefits, under | ||||||
| 8 | the State's medical assistance program under Article V of the | ||||||
| 9 | Illinois Public Aid Code, an issuer shall not deny or | ||||||
| 10 | condition the issuance or effectiveness of any Medicare | ||||||
| 11 | supplement policy or certificate that is offered and is | ||||||
| 12 | available for issuance to new enrollees by the issuer; shall | ||||||
| 13 | not discriminate in the pricing of such a Medicare supplement | ||||||
| 14 | policy because of health status, claims experience, receipt of | ||||||
| 15 | health care, or medical condition; and shall not include a | ||||||
| 16 | policy provision that imposes an exclusion of benefits based | ||||||
| 17 | on a preexisting condition under such a Medicare supplement | ||||||
| 18 | policy if the individual: | ||||||
| 19 | (a) is enrolled for Medicare Part B; | ||||||
| 20 | (b) was enrolled in the State's medical assistance | ||||||
| 21 | program during the COVID-19 Public Health Emergency | ||||||
| 22 | described in Section 5-1.5 of the Illinois Public Aid | ||||||
| 23 | Code; | ||||||
| 24 | (c) was terminated or disenrolled from the State's | ||||||
| 25 | medical assistance program after the COVID-19 Public | ||||||
| 26 | Health Emergency and the later of the date of termination | ||||||
| |||||||
| |||||||
| 1 | of benefits or the date of the notice of termination, | ||||||
| 2 | including a notice of a claim denial due to termination, | ||||||
| 3 | occurred on, after, or no more than 63 days before the end | ||||||
| 4 | of either, as applicable: | ||||||
| 5 | (A) the individual's Medicare supplement open | ||||||
| 6 | enrollment period described in Department rules | ||||||
| 7 | implementing 42 U.S.C. 1395ss(s)(2)(A); or | ||||||
| 8 | (B) the 6-month period described in Section | ||||||
| 9 | 363(6)(a)(i) of this Code; and | ||||||
| 10 | (d) submits evidence of the date of termination of | ||||||
| 11 | benefits or notice of termination under the State's | ||||||
| 12 | medical assistance program with the application for a | ||||||
| 13 | Medicare supplement policy or certificate. | ||||||
| 14 | (10) Each Medicare supplement policy and certificate | ||||||
| 15 | available from an insurer on and after June 16, 2023 (the | ||||||
| 16 | effective date of Public Act 103-102) this amendatory Act of | ||||||
| 17 | the 103rd General Assembly shall be made available to all | ||||||
| 18 | applicants who qualify under subparagraph (i) of paragraph (a) | ||||||
| 19 | of subsection (6) or Department rules implementing 42 U.S.C. | ||||||
| 20 | 1395ss(s)(2)(A) without regard to age or applicability of a | ||||||
| 21 | Medicare Part B late enrollment penalty. | ||||||
| 22 | (Source: P.A. 102-142, eff. 1-1-22; 103-102, eff. 6-16-23; | ||||||
| 23 | 103-747, eff. 1-1-26; revised 10-24-24.)
| ||||||
| 24 | (215 ILCS 5/367a) (from Ch. 73, par. 979a) | ||||||
| 25 | Sec. 367a. Blanket accident and health insurance. | ||||||
| |||||||
| |||||||
| 1 | (1) Blanket accident and health insurance is the form of | ||||||
| 2 | accident and health insurance providing excepted benefits, as | ||||||
| 3 | defined in Section 352c, that covers special groups of persons | ||||||
| 4 | as enumerated in one of the following paragraphs (a) to (g), | ||||||
| 5 | inclusive: | ||||||
| 6 | (a) Under a policy or contract issued to any carrier | ||||||
| 7 | for hire, which shall be deemed the policyholder, covering | ||||||
| 8 | a group defined as all persons who may become passengers | ||||||
| 9 | on such carrier. | ||||||
| 10 | (b) Under a policy or contract issued to an employer, | ||||||
| 11 | who shall be deemed the policyholder, covering all | ||||||
| 12 | employees or any group of employees defined by reference | ||||||
| 13 | to exceptional hazards incident to such employment. | ||||||
| 14 | (c) Under a policy or contract issued to a college, | ||||||
| 15 | school, or other institution of learning or to the head or | ||||||
| 16 | principal thereof, who or which shall be deemed the | ||||||
| 17 | policyholder, covering students or teachers. However, | ||||||
| 18 | student health insurance coverage, as defined in 45 CFR | ||||||
| 19 | 147.145, shall remain subject to the standards and | ||||||
| 20 | requirements for individual health insurance coverage | ||||||
| 21 | except where inconsistent with that regulation. Student | ||||||
| 22 | health insurance coverage shall not be subject to the | ||||||
| 23 | Short-Term, Limited-Duration Health Insurance Coverage | ||||||
| 24 | Act. An insurer issuer providing student health insurance | ||||||
| 25 | coverage or a policy or contract covering students for | ||||||
| 26 | limited-scope dental or vision under 45 CFR 148.220 shall | ||||||
| |||||||
| |||||||
| 1 | require an individual application or enrollment form and | ||||||
| 2 | shall furnish each insured individual a certificate, which | ||||||
| 3 | shall have been approved by the Director under Section | ||||||
| 4 | 355. | ||||||
| 5 | (d) Under a policy or contract issued in the name of | ||||||
| 6 | any volunteer fire department, first aid, or other such | ||||||
| 7 | volunteer group, which shall be deemed the policyholder, | ||||||
| 8 | covering all of the members of such department or group. | ||||||
| 9 | (e) Under a policy or contract issued to a creditor, | ||||||
| 10 | who shall be deemed the policyholder, to insure debtors of | ||||||
| 11 | the creditors; Provided, however, that in the case of a | ||||||
| 12 | loan which is subject to the Small Loans Act, no insurance | ||||||
| 13 | premium or other cost shall be directly or indirectly | ||||||
| 14 | charged or assessed against, or collected or received from | ||||||
| 15 | the borrower. | ||||||
| 16 | (f) Under a policy or contract issued to a sports team | ||||||
| 17 | or to a camp, which team or camp sponsor shall be deemed | ||||||
| 18 | the policyholder, covering members or campers. | ||||||
| 19 | (g) Under a policy or contract issued to any other | ||||||
| 20 | substantially similar group which, in the discretion of | ||||||
| 21 | the Director, may be subject to the issuance of a blanket | ||||||
| 22 | accident and health policy or contract. | ||||||
| 23 | (2) Any insurance company authorized to write accident and | ||||||
| 24 | health insurance in this state shall have the power to issue | ||||||
| 25 | blanket accident and health insurance. No such blanket policy | ||||||
| 26 | may be issued or delivered in this State unless a copy of the | ||||||
| |||||||
| |||||||
| 1 | form thereof shall have been filed in accordance with Section | ||||||
| 2 | 355, and it contains in substance such of those provisions | ||||||
| 3 | contained in Sections 357.1 through 357.30 as may be | ||||||
| 4 | applicable to blanket accident and health insurance and the | ||||||
| 5 | following provisions: | ||||||
| 6 | (a) A provision that the policy and the application | ||||||
| 7 | shall constitute the entire contract between the parties, | ||||||
| 8 | and that all statements made by the policyholder shall, in | ||||||
| 9 | absence of fraud, be deemed representations and not | ||||||
| 10 | warranties, and that no such statements shall be used in | ||||||
| 11 | defense to a claim under the policy, unless it is | ||||||
| 12 | contained in a written application. | ||||||
| 13 | (b) A provision that to the group or class thereof | ||||||
| 14 | originally insured shall be added from time to time all | ||||||
| 15 | new persons or individuals eligible for coverage. | ||||||
| 16 | (3) An individual application shall not be required from a | ||||||
| 17 | person covered under a blanket accident or health policy or | ||||||
| 18 | contract, nor shall it be necessary for the insurer to furnish | ||||||
| 19 | each person a certificate. | ||||||
| 20 | (3.5) Subsection (3) does not apply to major medical | ||||||
| 21 | insurance, or to any excepted benefits or short-term, | ||||||
| 22 | limited-duration health insurance coverage for which an | ||||||
| 23 | insured individual pays premiums or contributions. In those | ||||||
| 24 | cases, the insurer shall require an individual application or | ||||||
| 25 | enrollment form and shall furnish each insured individual a | ||||||
| 26 | certificate, which shall have been approved by the Director | ||||||
| |||||||
| |||||||
| 1 | under Section 355 of this Code. | ||||||
| 2 | (4) All benefits under any blanket accident and health | ||||||
| 3 | policy shall be payable to the person insured, or to his | ||||||
| 4 | designated beneficiary or beneficiaries, or to his or her | ||||||
| 5 | estate, except that if the person insured be a minor or person | ||||||
| 6 | under legal disability, such benefits may be made payable to | ||||||
| 7 | his or her parent, guardian, or other person actually | ||||||
| 8 | supporting him or her. Provided further, however, that the | ||||||
| 9 | policy may provide that all or any portion of any indemnities | ||||||
| 10 | provided by any such policy on account of hospital, nursing, | ||||||
| 11 | medical or surgical services may, at the insurer's option, be | ||||||
| 12 | paid directly to the hospital or person rendering such | ||||||
| 13 | services; but the policy may not require that the service be | ||||||
| 14 | rendered by a particular hospital or person. Payment so made | ||||||
| 15 | shall discharge the insurer's obligation with respect to the | ||||||
| 16 | amount of insurance so paid. | ||||||
| 17 | (5) Nothing contained in this Section section shall be | ||||||
| 18 | deemed to affect the legal liability of policyholders for the | ||||||
| 19 | death of or injury to, any such member of such group. | ||||||
| 20 | (Source: P.A. 103-649, eff. 1-1-25; 103-718, eff. 1-1-25; | ||||||
| 21 | revised 11-26-24.)
| ||||||
| 22 | (215 ILCS 5/367f) (from Ch. 73, par. 979f) | ||||||
| 23 | Sec. 367f. Firefighters' continuance privilege. As used in | ||||||
| 24 | this Section: | ||||||
| 25 | 1. The terms "municipality", "deferred pensioner" and | ||||||
| |||||||
| |||||||
| 1 | "creditable service" shall have the meaning ascribed to such | ||||||
| 2 | terms by Sections 4-103, 4-105a, and 4-108, respectively, of | ||||||
| 3 | the Illinois Pension Code, as now or hereafter amended. | ||||||
| 4 | 2. "Firefighter" means a person who is a "firefighter" as | ||||||
| 5 | defined in Section 4-106 of the Illinois Pension Code, a | ||||||
| 6 | paramedic who is employed by a unit of local government, or an | ||||||
| 7 | emergency medical technician, emergency medical | ||||||
| 8 | technician-basic, emergency medical technician-intermediate, | ||||||
| 9 | or advanced emergency medical technician who is employed by a | ||||||
| 10 | unit of local government. | ||||||
| 11 | 3. The "retirement or disability period" of a firefighter | ||||||
| 12 | means the period: | ||||||
| 13 | a. which begins on the day the firefighter is removed | ||||||
| 14 | from a municipality's fire department payroll because of | ||||||
| 15 | the occurrence of any of the following events, to wit: (i) | ||||||
| 16 | the firefighter retires as a deferred pensioner under | ||||||
| 17 | Section 4-105a of the Illinois Pension Code, (ii) the | ||||||
| 18 | firefighter retires from active service as a firefighter | ||||||
| 19 | with an attained age and accumulated creditable service | ||||||
| 20 | which together qualify the firefighter for immediate | ||||||
| 21 | receipt of retirement pension benefits under Section 4-109 | ||||||
| 22 | of the Illinois Pension Code, or (iii) the firefighter's | ||||||
| 23 | disability is established under Section 4-112 of the | ||||||
| 24 | Illinois Pension Code; and | ||||||
| 25 | b. which ends on the first to occur of any of the | ||||||
| 26 | following events, to wit: (i) the firefighter's | ||||||
| |||||||
| |||||||
| 1 | reinstatement or reentry into active service on the | ||||||
| 2 | municipality's fire department as provided for under | ||||||
| 3 | Article 4 of the Illinois Pension Code, (ii) the | ||||||
| 4 | firefighter's exercise of any refund option available | ||||||
| 5 | under Section 4-116 of the Illinois Pension Code, (iii) | ||||||
| 6 | the firefighter's loss pursuant to Section 4-138 of the | ||||||
| 7 | Illinois Pension Code of any benefits provided for in | ||||||
| 8 | Article 4 of that Code, or (iv) the firefighter's death or - | ||||||
| 9 | - if at the time of the firefighter's death the | ||||||
| 10 | firefighter is survived by a spouse who, in that capacity, | ||||||
| 11 | is entitled to receive a surviving spouse's monthly | ||||||
| 12 | pension pursuant to Article 4 of the Illinois Pension Code - | ||||||
| 13 | - then the death or remarriage of that spouse. | ||||||
| 14 | No policy of group accident and health insurance under | ||||||
| 15 | which firefighters employed by a municipality are insured for | ||||||
| 16 | their individual benefit shall be issued or delivered in this | ||||||
| 17 | State to any municipality unless such group policy provides | ||||||
| 18 | for the election of continued group insurance coverage for the | ||||||
| 19 | retirement or disability period of each firefighter who is | ||||||
| 20 | insured under the provisions of the group policy on the day | ||||||
| 21 | immediately preceding the day on which the retirement or | ||||||
| 22 | disability period of such firefighter begins. So long as any | ||||||
| 23 | required premiums for continued group insurance coverage are | ||||||
| 24 | paid in accordance with the provisions of the group policy, an | ||||||
| 25 | election made pursuant to this Section shall provide continued | ||||||
| 26 | group insurance coverage for a firefighter throughout the | ||||||
| |||||||
| |||||||
| 1 | retirement or disability period of the firefighter and, unless | ||||||
| 2 | the firefighter otherwise elects and subject to any other | ||||||
| 3 | provisions of the group policy which relate either to the | ||||||
| 4 | provision or to the termination of dependents' coverage and | ||||||
| 5 | which are not inconsistent with this Section, for any | ||||||
| 6 | dependents of the firefighter who are insured under the group | ||||||
| 7 | policy on the day immediately preceding the day on which the | ||||||
| 8 | retirement or disability period of the firefighter begins; | ||||||
| 9 | provided, however, that when such continued group insurance | ||||||
| 10 | coverage is in effect with respect to a firefighter on the date | ||||||
| 11 | of the firefighter's death but the retirement or disability | ||||||
| 12 | period of the firefighter does not end with such firefighter's | ||||||
| 13 | death, then the deceased firefighter's surviving spouse upon | ||||||
| 14 | whose death or remarriage such retirement or disability period | ||||||
| 15 | will end shall be entitled, without further election and upon | ||||||
| 16 | payment of any required premiums in accordance with the | ||||||
| 17 | provisions of the group policy, to maintain such continued | ||||||
| 18 | group insurance coverage in effect until the end of such | ||||||
| 19 | retirement or disability period. Continued group insurance | ||||||
| 20 | coverage shall be provided in accordance with this Section at | ||||||
| 21 | the same premium rate from time to time charged for equivalent | ||||||
| 22 | coverage provided under the group policy with respect to | ||||||
| 23 | covered firefighters whose retirement or disability period has | ||||||
| 24 | not begun, and no distinction or discrimination in the amount | ||||||
| 25 | or rate of premiums or in any waiver of premium or other | ||||||
| 26 | benefit provision shall be made between continued group | ||||||
| |||||||
| |||||||
| 1 | insurance coverage elected pursuant to this Section and | ||||||
| 2 | equivalent coverage provided to firefighters under the group | ||||||
| 3 | policy other than pursuant to the provisions of this Section; | ||||||
| 4 | provided that no municipality shall be required by reason of | ||||||
| 5 | any provision of this Section to pay any group insurance | ||||||
| 6 | premium other than one that may be negotiated in a collective | ||||||
| 7 | bargaining agreement. If a person electing continued coverage | ||||||
| 8 | under this Section becomes eligible for medicare coverage, | ||||||
| 9 | benefits under the group policy may continue as a supplement | ||||||
| 10 | to the medicare coverage upon payment of any required premiums | ||||||
| 11 | to maintain the benefits of the group policy as supplemental | ||||||
| 12 | coverage. | ||||||
| 13 | Within 15 days of the beginning of the retirement or | ||||||
| 14 | disability period of any firefighter entitled to elect | ||||||
| 15 | continued group insurance coverage under any group policy | ||||||
| 16 | affected by this Section, the municipality last employing such | ||||||
| 17 | firefighter shall give written notice of such beginning by | ||||||
| 18 | certified mail, return receipt requested to the insurance | ||||||
| 19 | company issuing such policy. The notice shall include the | ||||||
| 20 | firefighter's name and last known place of residence and the | ||||||
| 21 | beginning date of the firefighter's retirement or disability | ||||||
| 22 | period. | ||||||
| 23 | Within 15 days of the date of receipt of such notice from | ||||||
| 24 | the municipality, the insurance company by certified mail, | ||||||
| 25 | return receipt requested, shall give written notice to the | ||||||
| 26 | firefighter at the firefighter's last known place of residence | ||||||
| |||||||
| |||||||
| 1 | that coverage under the group policy may be continued for the | ||||||
| 2 | retirement or disability period of the firefighter as provided | ||||||
| 3 | in this Section. Such notice shall set forth: (i) a statement | ||||||
| 4 | of election to be filed by the firefighter if the firefighter | ||||||
| 5 | wishes to continue such group insurance coverage, (ii) the | ||||||
| 6 | amount of monthly premium, including a statement of the | ||||||
| 7 | portion of such monthly premium attributable to any | ||||||
| 8 | dependents' coverage which the firefighter may elect, and | ||||||
| 9 | (iii) instructions as to the return of the election form to the | ||||||
| 10 | insurance company issuing such policy. Election shall be made, | ||||||
| 11 | if at all, by returning the statement of election to the | ||||||
| 12 | insurance company by certified mail, return receipt requested | ||||||
| 13 | within 15 days after having received it. | ||||||
| 14 | If the firefighter elects to continue coverage, it shall | ||||||
| 15 | be the obligation of the firefighter to pay the monthly | ||||||
| 16 | premium directly to the municipality, which shall forward it | ||||||
| 17 | to the insurance company issuing the group insurance policy, | ||||||
| 18 | or as otherwise directed by the insurance company; provided, | ||||||
| 19 | however, that the firefighter shall be entitled to designate | ||||||
| 20 | on the statement of election required to be filed with the | ||||||
| 21 | insurance company that the total monthly premium, or such | ||||||
| 22 | portion thereof as is not contributed by a municipality, be | ||||||
| 23 | deducted by a Firefighter's Pension Fund from any monthly | ||||||
| 24 | pension payment otherwise payable to or on behalf of the | ||||||
| 25 | firefighter pursuant to Article 4 of the Illinois Pension | ||||||
| 26 | Code, and be remitted by such Pension Fund to the insurance | ||||||
| |||||||
| |||||||
| 1 | company. The portion, if any, of the monthly premium | ||||||
| 2 | contributed by a municipality for such continued group | ||||||
| 3 | insurance coverage shall be paid by the municipality directly | ||||||
| 4 | to the insurance company issuing the group insurance policy, | ||||||
| 5 | or as otherwise directed by the insurance company. Such | ||||||
| 6 | continued group insurance coverage shall relate back to the | ||||||
| 7 | beginning of the firefighter's retirement or disability | ||||||
| 8 | period. | ||||||
| 9 | The amendment, renewal, or extension of any group | ||||||
| 10 | insurance policy affected by this Section shall be deemed to | ||||||
| 11 | be the issuance of a new policy of insurance for purposes of | ||||||
| 12 | this Section. | ||||||
| 13 | In the event that a municipality makes a program of | ||||||
| 14 | accident, health, hospital, or medical benefits available to | ||||||
| 15 | its firefighters through self-insurance, or by participation | ||||||
| 16 | in a pool or reciprocal insurer, or by contract in a form other | ||||||
| 17 | than a policy of group insurance with one or more medical | ||||||
| 18 | service plans, health care service corporations, health | ||||||
| 19 | maintenance organizations, or any other professional | ||||||
| 20 | corporations or plans under which health care or reimbursement | ||||||
| 21 | for the costs thereof is provided, whether the cost of such | ||||||
| 22 | benefits is borne by the municipality or the firefighters or | ||||||
| 23 | both, such firefighters and their surviving spouses shall have | ||||||
| 24 | the same right to elect continued coverage under such program | ||||||
| 25 | of benefits as they would have if such benefits were provided | ||||||
| 26 | by a policy of group accident and health insurance. In such | ||||||
| |||||||
| |||||||
| 1 | cases, the notice of right to elect continued coverage shall | ||||||
| 2 | be sent by the municipality; the statement of election shall | ||||||
| 3 | be sent to the municipality; and references to the required | ||||||
| 4 | premium shall refer to that portion of the cost of such | ||||||
| 5 | benefits which is not borne by the municipality, either | ||||||
| 6 | voluntarily or pursuant to the provisions of a collective | ||||||
| 7 | bargaining agreement. In the case of a municipality providing | ||||||
| 8 | such benefits through self-insurance or participation in a | ||||||
| 9 | pool or reciprocal insurer, the right to elect continued | ||||||
| 10 | coverage which is provided by this paragraph shall be | ||||||
| 11 | implemented and made available to the firefighters of the | ||||||
| 12 | municipality and qualifying surviving spouses not later than | ||||||
| 13 | July 1, 1985. | ||||||
| 14 | The amendment, renewal, or extension of any such contract | ||||||
| 15 | in a form other than a policy of group insurance policy shall | ||||||
| 16 | be deemed the formation of a new contract for the purposes of | ||||||
| 17 | this Section. | ||||||
| 18 | This Section shall not limit the exercise of any | ||||||
| 19 | conversion privileges available under Section 367e. | ||||||
| 20 | Pursuant to paragraphs (h) and (i) of Section 6 of Article | ||||||
| 21 | VII of the Illinois Constitution, this Section specifically | ||||||
| 22 | denies and limits the exercise by a home rule unit of any power | ||||||
| 23 | which is inconsistent with this Section and all existing laws | ||||||
| 24 | and ordinances which are inconsistent with this Section are | ||||||
| 25 | hereby superseded. This Section does not preempt the | ||||||
| 26 | concurrent exercise by home rule units of powers consistent | ||||||
| |||||||
| |||||||
| 1 | herewith. | ||||||
| 2 | The Division of Insurance of the Department of Insurance | ||||||
| 3 | Financial and Professional Regulation shall enforce the | ||||||
| 4 | provisions of this Section, including provisions relating to | ||||||
| 5 | municipality self-insured benefit plans. | ||||||
| 6 | (Source: P.A. 103-52, eff. 1-1-24; revised 7-18-24.)
| ||||||
| 7 | (215 ILCS 5/370c) (from Ch. 73, par. 982c) | ||||||
| 8 | Sec. 370c. Mental and emotional disorders. | ||||||
| 9 | (a)(1) On and after January 1, 2022 (the effective date of | ||||||
| 10 | Public Act 102-579), every insurer that amends, delivers, | ||||||
| 11 | issues, or renews group accident and health policies providing | ||||||
| 12 | coverage for hospital or medical treatment or services for | ||||||
| 13 | illness on an expense-incurred basis shall provide coverage | ||||||
| 14 | for the medically necessary treatment of mental, emotional, | ||||||
| 15 | nervous, or substance use disorders or conditions consistent | ||||||
| 16 | with the parity requirements of Section 370c.1 of this Code. | ||||||
| 17 | (2) Each insured that is covered for mental, emotional, | ||||||
| 18 | nervous, or substance use disorders or conditions shall be | ||||||
| 19 | free to select the physician licensed to practice medicine in | ||||||
| 20 | all its branches, licensed clinical psychologist, licensed | ||||||
| 21 | clinical social worker, licensed clinical professional | ||||||
| 22 | counselor, licensed marriage and family therapist, licensed | ||||||
| 23 | speech-language pathologist, or other licensed or certified | ||||||
| 24 | professional at a program licensed pursuant to the Substance | ||||||
| 25 | Use Disorder Act of his or her choice to treat such disorders, | ||||||
| |||||||
| |||||||
| 1 | and the insurer shall pay the covered charges of such | ||||||
| 2 | physician licensed to practice medicine in all its branches, | ||||||
| 3 | licensed clinical psychologist, licensed clinical social | ||||||
| 4 | worker, licensed clinical professional counselor, licensed | ||||||
| 5 | marriage and family therapist, licensed speech-language | ||||||
| 6 | pathologist, or other licensed or certified professional at a | ||||||
| 7 | program licensed pursuant to the Substance Use Disorder Act up | ||||||
| 8 | to the limits of coverage, provided (i) the disorder or | ||||||
| 9 | condition treated is covered by the policy, and (ii) the | ||||||
| 10 | physician, licensed psychologist, licensed clinical social | ||||||
| 11 | worker, licensed clinical professional counselor, licensed | ||||||
| 12 | marriage and family therapist, licensed speech-language | ||||||
| 13 | pathologist, or other licensed or certified professional at a | ||||||
| 14 | program licensed pursuant to the Substance Use Disorder Act is | ||||||
| 15 | authorized to provide said services under the statutes of this | ||||||
| 16 | State and in accordance with accepted principles of his or her | ||||||
| 17 | profession. | ||||||
| 18 | (3) Insofar as this Section applies solely to licensed | ||||||
| 19 | clinical social workers, licensed clinical professional | ||||||
| 20 | counselors, licensed marriage and family therapists, licensed | ||||||
| 21 | speech-language pathologists, and other licensed or certified | ||||||
| 22 | professionals at programs licensed pursuant to the Substance | ||||||
| 23 | Use Disorder Act, those persons who may provide services to | ||||||
| 24 | individuals shall do so after the licensed clinical social | ||||||
| 25 | worker, licensed clinical professional counselor, licensed | ||||||
| 26 | marriage and family therapist, licensed speech-language | ||||||
| |||||||
| |||||||
| 1 | pathologist, or other licensed or certified professional at a | ||||||
| 2 | program licensed pursuant to the Substance Use Disorder Act | ||||||
| 3 | has informed the patient of the desirability of the patient | ||||||
| 4 | conferring with the patient's primary care physician. | ||||||
| 5 | (4) "Mental, emotional, nervous, or substance use disorder | ||||||
| 6 | or condition" means a condition or disorder that involves a | ||||||
| 7 | mental health condition or substance use disorder that falls | ||||||
| 8 | under any of the diagnostic categories listed in the mental | ||||||
| 9 | and behavioral disorders chapter of the current edition of the | ||||||
| 10 | World Health Organization's International Classification of | ||||||
| 11 | Disease or that is listed in the most recent version of the | ||||||
| 12 | American Psychiatric Association's Diagnostic and Statistical | ||||||
| 13 | Manual of Mental Disorders. "Mental, emotional, nervous, or | ||||||
| 14 | substance use disorder or condition" includes any mental | ||||||
| 15 | health condition that occurs during pregnancy or during the | ||||||
| 16 | postpartum period and includes, but is not limited to, | ||||||
| 17 | postpartum depression. | ||||||
| 18 | (5) Medically necessary treatment and medical necessity | ||||||
| 19 | determinations shall be interpreted and made in a manner that | ||||||
| 20 | is consistent with and pursuant to subsections (h) through | ||||||
| 21 | (t). | ||||||
| 22 | (b)(1) (Blank). | ||||||
| 23 | (2) (Blank). | ||||||
| 24 | (2.5) (Blank). | ||||||
| 25 | (3) Unless otherwise prohibited by federal law and | ||||||
| 26 | consistent with the parity requirements of Section 370c.1 of | ||||||
| |||||||
| |||||||
| 1 | this Code, the reimbursing insurer that amends, delivers, | ||||||
| 2 | issues, or renews a group or individual policy of accident and | ||||||
| 3 | health insurance, a qualified health plan offered through the | ||||||
| 4 | health insurance marketplace, or a provider of treatment of | ||||||
| 5 | mental, emotional, nervous, or substance use disorders or | ||||||
| 6 | conditions shall furnish medical records or other necessary | ||||||
| 7 | data that substantiate that initial or continued treatment is | ||||||
| 8 | at all times medically necessary. An insurer shall provide a | ||||||
| 9 | mechanism for the timely review by a provider holding the same | ||||||
| 10 | license and practicing in the same specialty as the patient's | ||||||
| 11 | provider, who is unaffiliated with the insurer, jointly | ||||||
| 12 | selected by the patient (or the patient's next of kin or legal | ||||||
| 13 | representative if the patient is unable to act for himself or | ||||||
| 14 | herself), the patient's provider, and the insurer in the event | ||||||
| 15 | of a dispute between the insurer and patient's provider | ||||||
| 16 | regarding the medical necessity of a treatment proposed by a | ||||||
| 17 | patient's provider. If the reviewing provider determines the | ||||||
| 18 | treatment to be medically necessary, the insurer shall provide | ||||||
| 19 | reimbursement for the treatment. Future contractual or | ||||||
| 20 | employment actions by the insurer regarding the patient's | ||||||
| 21 | provider may not be based on the provider's participation in | ||||||
| 22 | this procedure. Nothing prevents the insured from agreeing in | ||||||
| 23 | writing to continue treatment at his or her expense. When | ||||||
| 24 | making a determination of the medical necessity for a | ||||||
| 25 | treatment modality for mental, emotional, nervous, or | ||||||
| 26 | substance use disorders or conditions, an insurer must make | ||||||
| |||||||
| |||||||
| 1 | the determination in a manner that is consistent with the | ||||||
| 2 | manner used to make that determination with respect to other | ||||||
| 3 | diseases or illnesses covered under the policy, including an | ||||||
| 4 | appeals process. Medical necessity determinations for | ||||||
| 5 | substance use disorders shall be made in accordance with | ||||||
| 6 | appropriate patient placement criteria established by the | ||||||
| 7 | American Society of Addiction Medicine. No additional criteria | ||||||
| 8 | may be used to make medical necessity determinations for | ||||||
| 9 | substance use disorders. | ||||||
| 10 | (4) A group health benefit plan amended, delivered, | ||||||
| 11 | issued, or renewed on or after January 1, 2019 (the effective | ||||||
| 12 | date of Public Act 100-1024) or an individual policy of | ||||||
| 13 | accident and health insurance or a qualified health plan | ||||||
| 14 | offered through the health insurance marketplace amended, | ||||||
| 15 | delivered, issued, or renewed on or after January 1, 2019 (the | ||||||
| 16 | effective date of Public Act 100-1024): | ||||||
| 17 | (A) shall provide coverage based upon medical | ||||||
| 18 | necessity for the treatment of a mental, emotional, | ||||||
| 19 | nervous, or substance use disorder or condition consistent | ||||||
| 20 | with the parity requirements of Section 370c.1 of this | ||||||
| 21 | Code; provided, however, that in each calendar year | ||||||
| 22 | coverage shall not be less than the following: | ||||||
| 23 | (i) 45 days of inpatient treatment; and | ||||||
| 24 | (ii) beginning on June 26, 2006 (the effective | ||||||
| 25 | date of Public Act 94-921), 60 visits for outpatient | ||||||
| 26 | treatment including group and individual outpatient | ||||||
| |||||||
| |||||||
| 1 | treatment; and | ||||||
| 2 | (iii) for plans or policies delivered, issued for | ||||||
| 3 | delivery, renewed, or modified after January 1, 2007 | ||||||
| 4 | (the effective date of Public Act 94-906), 20 | ||||||
| 5 | additional outpatient visits for speech therapy for | ||||||
| 6 | treatment of pervasive developmental disorders that | ||||||
| 7 | will be in addition to speech therapy provided | ||||||
| 8 | pursuant to item (ii) of this subparagraph (A); and | ||||||
| 9 | (B) may not include a lifetime limit on the number of | ||||||
| 10 | days of inpatient treatment or the number of outpatient | ||||||
| 11 | visits covered under the plan. | ||||||
| 12 | (C) (Blank). | ||||||
| 13 | (5) An issuer of a group health benefit plan or an | ||||||
| 14 | individual policy of accident and health insurance or a | ||||||
| 15 | qualified health plan offered through the health insurance | ||||||
| 16 | marketplace may not count toward the number of outpatient | ||||||
| 17 | visits required to be covered under this Section an outpatient | ||||||
| 18 | visit for the purpose of medication management and shall cover | ||||||
| 19 | the outpatient visits under the same terms and conditions as | ||||||
| 20 | it covers outpatient visits for the treatment of physical | ||||||
| 21 | illness. | ||||||
| 22 | (5.5) An individual or group health benefit plan amended, | ||||||
| 23 | delivered, issued, or renewed on or after September 9, 2015 | ||||||
| 24 | (the effective date of Public Act 99-480) shall offer coverage | ||||||
| 25 | for medically necessary acute treatment services and medically | ||||||
| 26 | necessary clinical stabilization services. The treating | ||||||
| |||||||
| |||||||
| 1 | provider shall base all treatment recommendations and the | ||||||
| 2 | health benefit plan shall base all medical necessity | ||||||
| 3 | determinations for substance use disorders in accordance with | ||||||
| 4 | the most current edition of the Treatment Criteria for | ||||||
| 5 | Addictive, Substance-Related, and Co-Occurring Conditions | ||||||
| 6 | established by the American Society of Addiction Medicine. The | ||||||
| 7 | treating provider shall base all treatment recommendations and | ||||||
| 8 | the health benefit plan shall base all medical necessity | ||||||
| 9 | determinations for medication-assisted treatment in accordance | ||||||
| 10 | with the most current Treatment Criteria for Addictive, | ||||||
| 11 | Substance-Related, and Co-Occurring Conditions established by | ||||||
| 12 | the American Society of Addiction Medicine. | ||||||
| 13 | As used in this subsection: | ||||||
| 14 | "Acute treatment services" means 24-hour medically | ||||||
| 15 | supervised addiction treatment that provides evaluation and | ||||||
| 16 | withdrawal management and may include biopsychosocial | ||||||
| 17 | assessment, individual and group counseling, psychoeducational | ||||||
| 18 | groups, and discharge planning. | ||||||
| 19 | "Clinical stabilization services" means 24-hour treatment, | ||||||
| 20 | usually following acute treatment services for substance | ||||||
| 21 | abuse, which may include intensive education and counseling | ||||||
| 22 | regarding the nature of addiction and its consequences, | ||||||
| 23 | relapse prevention, outreach to families and significant | ||||||
| 24 | others, and aftercare planning for individuals beginning to | ||||||
| 25 | engage in recovery from addiction. | ||||||
| 26 | (6) An issuer of a group health benefit plan may provide or | ||||||
| |||||||
| |||||||
| 1 | offer coverage required under this Section through a managed | ||||||
| 2 | care plan. | ||||||
| 3 | (6.5) An individual or group health benefit plan amended, | ||||||
| 4 | delivered, issued, or renewed on or after January 1, 2019 (the | ||||||
| 5 | effective date of Public Act 100-1024): | ||||||
| 6 | (A) shall not impose prior authorization requirements, | ||||||
| 7 | including limitations on dosage, other than those | ||||||
| 8 | established under the Treatment Criteria for Addictive, | ||||||
| 9 | Substance-Related, and Co-Occurring Conditions | ||||||
| 10 | established by the American Society of Addiction Medicine, | ||||||
| 11 | on a prescription medication approved by the United States | ||||||
| 12 | Food and Drug Administration that is prescribed or | ||||||
| 13 | administered for the treatment of substance use disorders; | ||||||
| 14 | (B) shall not impose any step therapy requirements; | ||||||
| 15 | (C) shall place all prescription medications approved | ||||||
| 16 | by the United States Food and Drug Administration | ||||||
| 17 | prescribed or administered for the treatment of substance | ||||||
| 18 | use disorders on, for brand medications, the lowest tier | ||||||
| 19 | of the drug formulary developed and maintained by the | ||||||
| 20 | individual or group health benefit plan that covers brand | ||||||
| 21 | medications and, for generic medications, the lowest tier | ||||||
| 22 | of the drug formulary developed and maintained by the | ||||||
| 23 | individual or group health benefit plan that covers | ||||||
| 24 | generic medications; and | ||||||
| 25 | (D) shall not exclude coverage for a prescription | ||||||
| 26 | medication approved by the United States Food and Drug | ||||||
| |||||||
| |||||||
| 1 | Administration for the treatment of substance use | ||||||
| 2 | disorders and any associated counseling or wraparound | ||||||
| 3 | services on the grounds that such medications and services | ||||||
| 4 | were court ordered. | ||||||
| 5 | (7) (Blank). | ||||||
| 6 | (8) (Blank). | ||||||
| 7 | (9) With respect to all mental, emotional, nervous, or | ||||||
| 8 | substance use disorders or conditions, coverage for inpatient | ||||||
| 9 | treatment shall include coverage for treatment in a | ||||||
| 10 | residential treatment center certified or licensed by the | ||||||
| 11 | Department of Public Health or the Department of Human | ||||||
| 12 | Services. | ||||||
| 13 | (c) This Section shall not be interpreted to require | ||||||
| 14 | coverage for speech therapy or other habilitative services for | ||||||
| 15 | those individuals covered under Section 356z.15 of this Code. | ||||||
| 16 | (d) With respect to a group or individual policy of | ||||||
| 17 | accident and health insurance or a qualified health plan | ||||||
| 18 | offered through the health insurance marketplace, the | ||||||
| 19 | Department and, with respect to medical assistance, the | ||||||
| 20 | Department of Healthcare and Family Services shall each | ||||||
| 21 | enforce the requirements of this Section and Sections 356z.23 | ||||||
| 22 | and 370c.1 of this Code, the Paul Wellstone and Pete Domenici | ||||||
| 23 | Mental Health Parity and Addiction Equity Act of 2008, 42 | ||||||
| 24 | U.S.C. 18031(j), and any amendments to, and federal guidance | ||||||
| 25 | or regulations issued under, those Acts, including, but not | ||||||
| 26 | limited to, final regulations issued under the Paul Wellstone | ||||||
| |||||||
| |||||||
| 1 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
| 2 | Act of 2008 and final regulations applying the Paul Wellstone | ||||||
| 3 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
| 4 | Act of 2008 to Medicaid managed care organizations, the | ||||||
| 5 | Children's Health Insurance Program, and alternative benefit | ||||||
| 6 | plans. Specifically, the Department and the Department of | ||||||
| 7 | Healthcare and Family Services shall take action: | ||||||
| 8 | (1) proactively ensuring compliance by individual and | ||||||
| 9 | group policies, including by requiring that insurers | ||||||
| 10 | submit comparative analyses, as set forth in paragraph (6) | ||||||
| 11 | of subsection (k) of Section 370c.1, demonstrating how | ||||||
| 12 | they design and apply nonquantitative treatment | ||||||
| 13 | limitations, both as written and in operation, for mental, | ||||||
| 14 | emotional, nervous, or substance use disorder or condition | ||||||
| 15 | benefits as compared to how they design and apply | ||||||
| 16 | nonquantitative treatment limitations, as written and in | ||||||
| 17 | operation, for medical and surgical benefits; | ||||||
| 18 | (2) evaluating all consumer or provider complaints | ||||||
| 19 | regarding mental, emotional, nervous, or substance use | ||||||
| 20 | disorder or condition coverage for possible parity | ||||||
| 21 | violations; | ||||||
| 22 | (3) performing parity compliance market conduct | ||||||
| 23 | examinations or, in the case of the Department of | ||||||
| 24 | Healthcare and Family Services, parity compliance audits | ||||||
| 25 | of individual and group plans and policies, including, but | ||||||
| 26 | not limited to, reviews of: | ||||||
| |||||||
| |||||||
| 1 | (A) nonquantitative treatment limitations, | ||||||
| 2 | including, but not limited to, prior authorization | ||||||
| 3 | requirements, concurrent review, retrospective review, | ||||||
| 4 | step therapy, network admission standards, | ||||||
| 5 | reimbursement rates, and geographic restrictions; | ||||||
| 6 | (B) denials of authorization, payment, and | ||||||
| 7 | coverage; and | ||||||
| 8 | (C) other specific criteria as may be determined | ||||||
| 9 | by the Department. | ||||||
| 10 | The findings and the conclusions of the parity compliance | ||||||
| 11 | market conduct examinations and audits shall be made public. | ||||||
| 12 | The Director may adopt rules to effectuate any provisions | ||||||
| 13 | of the Paul Wellstone and Pete Domenici Mental Health Parity | ||||||
| 14 | and Addiction Equity Act of 2008 that relate to the business of | ||||||
| 15 | insurance. | ||||||
| 16 | (e) Availability of plan information. | ||||||
| 17 | (1) The criteria for medical necessity determinations | ||||||
| 18 | made under a group health plan, an individual policy of | ||||||
| 19 | accident and health insurance, or a qualified health plan | ||||||
| 20 | offered through the health insurance marketplace with | ||||||
| 21 | respect to mental health or substance use disorder | ||||||
| 22 | benefits (or health insurance coverage offered in | ||||||
| 23 | connection with the plan with respect to such benefits) | ||||||
| 24 | must be made available by the plan administrator (or the | ||||||
| 25 | health insurance issuer offering such coverage) to any | ||||||
| 26 | current or potential participant, beneficiary, or | ||||||
| |||||||
| |||||||
| 1 | contracting provider upon request. | ||||||
| 2 | (2) The reason for any denial under a group health | ||||||
| 3 | benefit plan, an individual policy of accident and health | ||||||
| 4 | insurance, or a qualified health plan offered through the | ||||||
| 5 | health insurance marketplace (or health insurance coverage | ||||||
| 6 | offered in connection with such plan or policy) of | ||||||
| 7 | reimbursement or payment for services with respect to | ||||||
| 8 | mental, emotional, nervous, or substance use disorders or | ||||||
| 9 | conditions benefits in the case of any participant or | ||||||
| 10 | beneficiary must be made available within a reasonable | ||||||
| 11 | time and in a reasonable manner and in readily | ||||||
| 12 | understandable language by the plan administrator (or the | ||||||
| 13 | health insurance issuer offering such coverage) to the | ||||||
| 14 | participant or beneficiary upon request. | ||||||
| 15 | (f) As used in this Section, "group policy of accident and | ||||||
| 16 | health insurance" and "group health benefit plan" includes (1) | ||||||
| 17 | State-regulated employer-sponsored group health insurance | ||||||
| 18 | plans written in Illinois or which purport to provide coverage | ||||||
| 19 | for a resident of this State; and (2) State employee health | ||||||
| 20 | plans. | ||||||
| 21 | (g) (1) As used in this subsection: | ||||||
| 22 | "Benefits", with respect to insurers, means the benefits | ||||||
| 23 | provided for treatment services for inpatient and outpatient | ||||||
| 24 | treatment of substance use disorders or conditions at American | ||||||
| 25 | Society of Addiction Medicine levels of treatment 2.1 | ||||||
| 26 | (Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1 | ||||||
| |||||||
| |||||||
| 1 | (Clinically Managed Low-Intensity Residential), 3.3 | ||||||
| 2 | (Clinically Managed Population-Specific High-Intensity | ||||||
| 3 | Residential), 3.5 (Clinically Managed High-Intensity | ||||||
| 4 | Residential), and 3.7 (Medically Monitored Intensive | ||||||
| 5 | Inpatient) and OMT (Opioid Maintenance Therapy) services. | ||||||
| 6 | "Benefits", with respect to managed care organizations, | ||||||
| 7 | means the benefits provided for treatment services for | ||||||
| 8 | inpatient and outpatient treatment of substance use disorders | ||||||
| 9 | or conditions at American Society of Addiction Medicine levels | ||||||
| 10 | of treatment 2.1 (Intensive Outpatient), 2.5 (Partial | ||||||
| 11 | Hospitalization), 3.5 (Clinically Managed High-Intensity | ||||||
| 12 | Residential), and 3.7 (Medically Monitored Intensive | ||||||
| 13 | Inpatient) and OMT (Opioid Maintenance Therapy) services. | ||||||
| 14 | "Substance use disorder treatment provider or facility" | ||||||
| 15 | means a licensed physician, licensed psychologist, licensed | ||||||
| 16 | psychiatrist, licensed advanced practice registered nurse, or | ||||||
| 17 | licensed, certified, or otherwise State-approved facility or | ||||||
| 18 | provider of substance use disorder treatment. | ||||||
| 19 | (2) A group health insurance policy, an individual health | ||||||
| 20 | benefit plan, or qualified health plan that is offered through | ||||||
| 21 | the health insurance marketplace, small employer group health | ||||||
| 22 | plan, and large employer group health plan that is amended, | ||||||
| 23 | delivered, issued, executed, or renewed in this State, or | ||||||
| 24 | approved for issuance or renewal in this State, on or after | ||||||
| 25 | January 1, 2019 (the effective date of Public Act 100-1023) | ||||||
| 26 | shall comply with the requirements of this Section and Section | ||||||
| |||||||
| |||||||
| 1 | 370c.1. The services for the treatment and the ongoing | ||||||
| 2 | assessment of the patient's progress in treatment shall follow | ||||||
| 3 | the requirements of 77 Ill. Adm. Code 2060. | ||||||
| 4 | (3) Prior authorization shall not be utilized for the | ||||||
| 5 | benefits under this subsection. The substance use disorder | ||||||
| 6 | treatment provider or facility shall notify the insurer of the | ||||||
| 7 | initiation of treatment. For an insurer that is not a managed | ||||||
| 8 | care organization, the substance use disorder treatment | ||||||
| 9 | provider or facility notification shall occur for the | ||||||
| 10 | initiation of treatment of the covered person within 2 | ||||||
| 11 | business days. For managed care organizations, the substance | ||||||
| 12 | use disorder treatment provider or facility notification shall | ||||||
| 13 | occur in accordance with the protocol set forth in the | ||||||
| 14 | provider agreement for initiation of treatment within 24 | ||||||
| 15 | hours. If the managed care organization is not capable of | ||||||
| 16 | accepting the notification in accordance with the contractual | ||||||
| 17 | protocol during the 24-hour period following admission, the | ||||||
| 18 | substance use disorder treatment provider or facility shall | ||||||
| 19 | have one additional business day to provide the notification | ||||||
| 20 | to the appropriate managed care organization. Treatment plans | ||||||
| 21 | shall be developed in accordance with the requirements and | ||||||
| 22 | timeframes established in 77 Ill. Adm. Code 2060. If the | ||||||
| 23 | substance use disorder treatment provider or facility fails to | ||||||
| 24 | notify the insurer of the initiation of treatment in | ||||||
| 25 | accordance with these provisions, the insurer may follow its | ||||||
| 26 | normal prior authorization processes. | ||||||
| |||||||
| |||||||
| 1 | (4) For an insurer that is not a managed care | ||||||
| 2 | organization, if an insurer determines that benefits are no | ||||||
| 3 | longer medically necessary, the insurer shall notify the | ||||||
| 4 | covered person, the covered person's authorized | ||||||
| 5 | representative, if any, and the covered person's health care | ||||||
| 6 | provider in writing of the covered person's right to request | ||||||
| 7 | an external review pursuant to the Health Carrier External | ||||||
| 8 | Review Act. The notification shall occur within 24 hours | ||||||
| 9 | following the adverse determination. | ||||||
| 10 | Pursuant to the requirements of the Health Carrier | ||||||
| 11 | External Review Act, the covered person or the covered | ||||||
| 12 | person's authorized representative may request an expedited | ||||||
| 13 | external review. An expedited external review may not occur if | ||||||
| 14 | the substance use disorder treatment provider or facility | ||||||
| 15 | determines that continued treatment is no longer medically | ||||||
| 16 | necessary. | ||||||
| 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 | ||||||
| 20 | medical 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 | ||||||
| 4 | the 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 | (h) As used in this Section: | ||||||
| 16 | "Generally accepted standards of mental, emotional, | ||||||
| 17 | nervous, or substance use disorder or condition care" means | ||||||
| 18 | standards of care and clinical practice that are generally | ||||||
| 19 | recognized by health care providers practicing in relevant | ||||||
| 20 | clinical specialties such as psychiatry, psychology, clinical | ||||||
| 21 | sociology, social work, addiction medicine and counseling, and | ||||||
| 22 | behavioral health treatment. Valid, evidence-based sources | ||||||
| 23 | reflecting generally accepted standards of mental, emotional, | ||||||
| 24 | nervous, or substance use disorder or condition care include | ||||||
| 25 | peer-reviewed scientific studies and medical literature, | ||||||
| 26 | recommendations of nonprofit health care provider professional | ||||||
| |||||||
| |||||||
| 1 | associations and specialty societies, including, but not | ||||||
| 2 | limited to, patient placement criteria and clinical practice | ||||||
| 3 | guidelines, recommendations of federal government agencies, | ||||||
| 4 | and drug labeling approved by the United States Food and Drug | ||||||
| 5 | Administration. | ||||||
| 6 | "Medically necessary treatment of mental, emotional, | ||||||
| 7 | nervous, or substance use disorders or conditions" means a | ||||||
| 8 | service or product addressing the specific needs of that | ||||||
| 9 | patient, for the purpose of screening, preventing, diagnosing, | ||||||
| 10 | managing, or treating an illness, injury, or condition or its | ||||||
| 11 | symptoms and comorbidities, including minimizing the | ||||||
| 12 | progression of an illness, injury, or condition or its | ||||||
| 13 | symptoms and comorbidities in a manner that is all of the | ||||||
| 14 | following: | ||||||
| 15 | (1) in accordance with the generally accepted | ||||||
| 16 | standards of mental, emotional, nervous, or substance use | ||||||
| 17 | disorder or condition care; | ||||||
| 18 | (2) clinically appropriate in terms of type, | ||||||
| 19 | frequency, extent, site, and duration; and | ||||||
| 20 | (3) not primarily for the economic benefit of the | ||||||
| 21 | insurer, purchaser, or for the convenience of the patient, | ||||||
| 22 | treating physician, or other health care provider. | ||||||
| 23 | "Utilization review" means either of the following: | ||||||
| 24 | (1) prospectively, retrospectively, or concurrently | ||||||
| 25 | reviewing and approving, modifying, delaying, or denying, | ||||||
| 26 | based in whole or in part on medical necessity, requests | ||||||
| |||||||
| |||||||
| 1 | by health care providers, insureds, or their authorized | ||||||
| 2 | representatives for coverage of health care services | ||||||
| 3 | before, retrospectively, or concurrently with the | ||||||
| 4 | provision of health care services to insureds. | ||||||
| 5 | (2) evaluating the medical necessity, appropriateness, | ||||||
| 6 | level of care, service intensity, efficacy, or efficiency | ||||||
| 7 | of health care services, benefits, procedures, or | ||||||
| 8 | settings, under any circumstances, to determine whether a | ||||||
| 9 | health care service or benefit subject to a medical | ||||||
| 10 | necessity coverage requirement in an insurance policy is | ||||||
| 11 | covered as medically necessary for an insured. | ||||||
| 12 | "Utilization review criteria" means patient placement | ||||||
| 13 | criteria or any criteria, standards, protocols, or guidelines | ||||||
| 14 | used by an insurer to conduct utilization review. | ||||||
| 15 | (i)(1) Every insurer that amends, delivers, issues, or | ||||||
| 16 | renews a group or individual policy of accident and health | ||||||
| 17 | insurance or a qualified health plan offered through the | ||||||
| 18 | health insurance marketplace in this State and Medicaid | ||||||
| 19 | managed care organizations providing coverage for hospital or | ||||||
| 20 | medical treatment on or after January 1, 2023 shall, pursuant | ||||||
| 21 | to subsections (h) through (s), provide coverage for medically | ||||||
| 22 | necessary treatment of mental, emotional, nervous, or | ||||||
| 23 | substance use disorders or conditions. | ||||||
| 24 | (2) An insurer shall not set a specific limit on the | ||||||
| 25 | duration of benefits or coverage of medically necessary | ||||||
| 26 | treatment of mental, emotional, nervous, or substance use | ||||||
| |||||||
| |||||||
| 1 | disorders or conditions or limit coverage only to alleviation | ||||||
| 2 | of the insured's current symptoms. | ||||||
| 3 | (3) All utilization review conducted by the insurer | ||||||
| 4 | concerning diagnosis, prevention, and treatment of insureds | ||||||
| 5 | diagnosed with mental, emotional, nervous, or substance use | ||||||
| 6 | disorders or conditions shall be conducted in accordance with | ||||||
| 7 | the requirements of subsections (k) through (w). | ||||||
| 8 | (4) An insurer that authorizes a specific type of | ||||||
| 9 | treatment by a provider pursuant to this Section shall not | ||||||
| 10 | rescind or modify the authorization after that provider | ||||||
| 11 | renders the health care service in good faith and pursuant to | ||||||
| 12 | this authorization for any reason, including, but not limited | ||||||
| 13 | to, the insurer's subsequent cancellation or modification of | ||||||
| 14 | the insured's or policyholder's contract, or the insured's or | ||||||
| 15 | policyholder's eligibility. Nothing in this Section shall | ||||||
| 16 | require the insurer to cover a treatment when the | ||||||
| 17 | authorization was granted based on a material | ||||||
| 18 | misrepresentation by the insured, the policyholder, or the | ||||||
| 19 | provider. Nothing in this Section shall require Medicaid | ||||||
| 20 | managed care organizations to pay for services if the | ||||||
| 21 | individual was not eligible for Medicaid at the time the | ||||||
| 22 | service was rendered. Nothing in this Section shall require an | ||||||
| 23 | insurer to pay for services if the individual was not the | ||||||
| 24 | insurer's enrollee at the time services were rendered. As used | ||||||
| 25 | in this paragraph, "material" means a fact or situation that | ||||||
| 26 | is not merely technical in nature and results in or could | ||||||
| |||||||
| |||||||
| 1 | result in a substantial change in the situation. | ||||||
| 2 | (j) An insurer shall not limit benefits or coverage for | ||||||
| 3 | medically necessary services on the basis that those services | ||||||
| 4 | should be or could be covered by a public entitlement program, | ||||||
| 5 | including, but not limited to, special education or an | ||||||
| 6 | individualized education program, Medicaid, Medicare, | ||||||
| 7 | Supplemental Security Income, or Social Security Disability | ||||||
| 8 | Insurance, and shall not include or enforce a contract term | ||||||
| 9 | that excludes otherwise covered benefits on the basis that | ||||||
| 10 | those services should be or could be covered by a public | ||||||
| 11 | entitlement program. Nothing in this subsection shall be | ||||||
| 12 | construed to require an insurer to cover benefits that have | ||||||
| 13 | been authorized and provided for a covered person by a public | ||||||
| 14 | entitlement program. Medicaid managed care organizations are | ||||||
| 15 | not subject to this subsection. | ||||||
| 16 | (k) An insurer shall base any medical necessity | ||||||
| 17 | determination or the utilization review criteria that the | ||||||
| 18 | insurer, and any entity acting on the insurer's behalf, | ||||||
| 19 | applies to determine the medical necessity of health care | ||||||
| 20 | services and benefits for the diagnosis, prevention, and | ||||||
| 21 | treatment of mental, emotional, nervous, or substance use | ||||||
| 22 | disorders or conditions on current generally accepted | ||||||
| 23 | standards of mental, emotional, nervous, or substance use | ||||||
| 24 | disorder or condition care. All denials and appeals shall be | ||||||
| 25 | reviewed by a professional with experience or expertise | ||||||
| 26 | comparable to the provider requesting the authorization. | ||||||
| |||||||
| |||||||
| 1 | (l) In conducting utilization review of all covered health | ||||||
| 2 | care services for the diagnosis, prevention, and treatment of | ||||||
| 3 | mental, emotional, and nervous disorders or conditions, an | ||||||
| 4 | insurer shall apply the criteria and guidelines set forth in | ||||||
| 5 | the most recent version of the treatment criteria developed by | ||||||
| 6 | an unaffiliated nonprofit professional association for the | ||||||
| 7 | relevant clinical specialty or, for Medicaid managed care | ||||||
| 8 | organizations, criteria and guidelines determined by the | ||||||
| 9 | Department of Healthcare and Family Services that are | ||||||
| 10 | consistent with generally accepted standards of mental, | ||||||
| 11 | emotional, nervous or substance use disorder or condition | ||||||
| 12 | care. Pursuant to subsection (b), in conducting utilization | ||||||
| 13 | review of all covered services and benefits for the diagnosis, | ||||||
| 14 | prevention, and treatment of substance use disorders an | ||||||
| 15 | insurer shall use the most recent edition of the patient | ||||||
| 16 | placement criteria established by the American Society of | ||||||
| 17 | Addiction Medicine. | ||||||
| 18 | (m) In conducting utilization review relating to level of | ||||||
| 19 | care placement, continued stay, transfer, discharge, or any | ||||||
| 20 | other patient care decisions that are within the scope of the | ||||||
| 21 | sources specified in subsection (l), an insurer shall not | ||||||
| 22 | apply different, additional, conflicting, or more restrictive | ||||||
| 23 | utilization review criteria than the criteria set forth in | ||||||
| 24 | those sources. For all level of care placement decisions, the | ||||||
| 25 | insurer shall authorize placement at the level of care | ||||||
| 26 | consistent with the assessment of the insured using the | ||||||
| |||||||
| |||||||
| 1 | relevant patient placement criteria as specified in subsection | ||||||
| 2 | (l). If that level of placement is not available, the insurer | ||||||
| 3 | shall authorize the next higher level of care. In the event of | ||||||
| 4 | disagreement, the insurer shall provide full detail of its | ||||||
| 5 | assessment using the relevant criteria as specified in | ||||||
| 6 | subsection (l) to the provider of the service and the patient. | ||||||
| 7 | If an insurer purchases or licenses utilization review | ||||||
| 8 | criteria pursuant to this subsection, the insurer shall verify | ||||||
| 9 | and document before use that the criteria were developed in | ||||||
| 10 | accordance with subsection (k). | ||||||
| 11 | (n) In conducting utilization review that is outside the | ||||||
| 12 | scope of the criteria as specified in subsection (l) or | ||||||
| 13 | relates to the advancements in technology or in the types or | ||||||
| 14 | levels of care that are not addressed in the most recent | ||||||
| 15 | versions of the sources specified in subsection (l), an | ||||||
| 16 | insurer shall conduct utilization review in accordance with | ||||||
| 17 | subsection (k). | ||||||
| 18 | (o) This Section does not in any way limit the rights of a | ||||||
| 19 | patient under the Medical Patient Rights Act. | ||||||
| 20 | (p) This Section does not in any way limit early and | ||||||
| 21 | periodic screening, diagnostic, and treatment benefits as | ||||||
| 22 | defined under 42 U.S.C. 1396d(r). | ||||||
| 23 | (q) To ensure the proper use of the criteria described in | ||||||
| 24 | subsection (l), every insurer shall do all of the following: | ||||||
| 25 | (1) Educate the insurer's staff, including any third | ||||||
| 26 | parties contracted with the insurer to review claims, | ||||||
| |||||||
| |||||||
| 1 | conduct utilization reviews, or make medical necessity | ||||||
| 2 | determinations about the utilization review criteria. | ||||||
| 3 | (2) Make the educational program available to other | ||||||
| 4 | stakeholders, including the insurer's participating or | ||||||
| 5 | contracted providers and potential participants, | ||||||
| 6 | beneficiaries, or covered lives. The education program | ||||||
| 7 | must be provided at least once a year, in-person or | ||||||
| 8 | digitally, or recordings of the education program must be | ||||||
| 9 | made available to the aforementioned stakeholders. | ||||||
| 10 | (3) Provide, at no cost, the utilization review | ||||||
| 11 | criteria and any training material or resources to | ||||||
| 12 | providers and insured patients upon request. For | ||||||
| 13 | utilization review criteria not concerning level of care | ||||||
| 14 | placement, continued stay, transfer, discharge, or other | ||||||
| 15 | patient care decisions used by the insurer pursuant to | ||||||
| 16 | subsection (m), the insurer may place the criteria on a | ||||||
| 17 | secure, password-protected website so long as the access | ||||||
| 18 | requirements of the website do not unreasonably restrict | ||||||
| 19 | access to insureds or their providers. No restrictions | ||||||
| 20 | shall be placed upon the insured's or treating provider's | ||||||
| 21 | access right to utilization review criteria obtained under | ||||||
| 22 | this paragraph at any point in time, including before an | ||||||
| 23 | initial request for authorization. | ||||||
| 24 | (4) Track, identify, and analyze how the utilization | ||||||
| 25 | review criteria are used to certify care, deny care, and | ||||||
| 26 | support the appeals process. | ||||||
| |||||||
| |||||||
| 1 | (5) Conduct interrater reliability testing to ensure | ||||||
| 2 | consistency in utilization review decision making that | ||||||
| 3 | covers how medical necessity decisions are made; this | ||||||
| 4 | assessment shall cover all aspects of utilization review | ||||||
| 5 | as defined in subsection (h). | ||||||
| 6 | (6) Run interrater reliability reports about how the | ||||||
| 7 | clinical guidelines are used in conjunction with the | ||||||
| 8 | utilization review process and parity compliance | ||||||
| 9 | activities. | ||||||
| 10 | (7) Achieve interrater reliability pass rates of at | ||||||
| 11 | least 90% and, if this threshold is not met, immediately | ||||||
| 12 | provide for the remediation of poor interrater reliability | ||||||
| 13 | and interrater reliability testing for all new staff | ||||||
| 14 | before they can conduct utilization review without | ||||||
| 15 | supervision. | ||||||
| 16 | (8) Maintain documentation of interrater reliability | ||||||
| 17 | testing and the remediation actions taken for those with | ||||||
| 18 | pass rates lower than 90% and submit to the Department of | ||||||
| 19 | Insurance or, in the case of Medicaid managed care | ||||||
| 20 | organizations, the Department of Healthcare and Family | ||||||
| 21 | Services the testing results and a summary of remedial | ||||||
| 22 | actions as part of parity compliance reporting set forth | ||||||
| 23 | in subsection (k) of Section 370c.1. | ||||||
| 24 | (r) This Section applies to all health care services and | ||||||
| 25 | benefits for the diagnosis, prevention, and treatment of | ||||||
| 26 | mental, emotional, nervous, or substance use disorders or | ||||||
| |||||||
| |||||||
| 1 | conditions covered by an insurance policy, including | ||||||
| 2 | prescription drugs. | ||||||
| 3 | (s) This Section applies to an insurer that amends, | ||||||
| 4 | delivers, issues, or renews a group or individual policy of | ||||||
| 5 | accident and health insurance or a qualified health plan | ||||||
| 6 | offered through the health insurance marketplace in this State | ||||||
| 7 | providing coverage for hospital or medical treatment and | ||||||
| 8 | conducts utilization review as defined in this Section, | ||||||
| 9 | including Medicaid managed care organizations, and any entity | ||||||
| 10 | or contracting provider that performs utilization review or | ||||||
| 11 | utilization management functions on an insurer's behalf. | ||||||
| 12 | (t) If the Director determines that an insurer has | ||||||
| 13 | violated this Section, the Director may, after appropriate | ||||||
| 14 | notice and opportunity for hearing, by order, assess a civil | ||||||
| 15 | penalty between $1,000 and $5,000 for each violation. Moneys | ||||||
| 16 | collected from penalties shall be deposited into the Parity | ||||||
| 17 | Advancement Fund established in subsection (i) of Section | ||||||
| 18 | 370c.1. | ||||||
| 19 | (u) An insurer shall not adopt, impose, or enforce terms | ||||||
| 20 | in its policies or provider agreements, in writing or in | ||||||
| 21 | operation, that undermine, alter, or conflict with the | ||||||
| 22 | requirements of this Section. | ||||||
| 23 | (v) The provisions of this Section are severable. If any | ||||||
| 24 | provision of this Section or its application is held invalid, | ||||||
| 25 | that invalidity shall not affect other provisions or | ||||||
| 26 | applications that can be given effect without the invalid | ||||||
| |||||||
| |||||||
| 1 | provision or application. | ||||||
| 2 | (w) Beginning January 1, 2026, coverage for inpatient | ||||||
| 3 | mental health treatment at participating hospitals shall | ||||||
| 4 | comply with the following requirements: | ||||||
| 5 | (1) Subject to paragraphs (2) and (3) of this | ||||||
| 6 | subsection, no policy shall require prior authorization | ||||||
| 7 | for admission for such treatment at any participating | ||||||
| 8 | hospital. | ||||||
| 9 | (2) Coverage provided under this subsection also shall | ||||||
| 10 | not be subject to concurrent review for the first 72 | ||||||
| 11 | hours, provided that the hospital must notify the insurer | ||||||
| 12 | of both the admission and the initial treatment plan | ||||||
| 13 | within 48 hours of admission. A discharge plan must be | ||||||
| 14 | fully developed and continuity services prepared to meet | ||||||
| 15 | the patient's needs and the patient's community preference | ||||||
| 16 | upon release. Nothing in this paragraph supersedes a | ||||||
| 17 | health maintenance organization's referral requirement for | ||||||
| 18 | services from nonparticipating providers upon a patient's | ||||||
| 19 | discharge from a hospital. | ||||||
| 20 | (3) Treatment provided under this subsection may be | ||||||
| 21 | reviewed retrospectively. If coverage is denied | ||||||
| 22 | retrospectively, neither the insurer nor the participating | ||||||
| 23 | hospital shall bill, and the insured shall not be liable, | ||||||
| 24 | for any treatment under this subsection through the date | ||||||
| 25 | the adverse determination is issued, other than any | ||||||
| 26 | copayment, coinsurance, or deductible for the stay through | ||||||
| |||||||
| |||||||
| 1 | that date as applicable under the policy. Coverage shall | ||||||
| 2 | not be retrospectively denied for the first 72 hours of | ||||||
| 3 | treatment at a participating hospital except: | ||||||
| 4 | (A) upon reasonable determination that the | ||||||
| 5 | inpatient mental health treatment was not provided; | ||||||
| 6 | (B) upon determination that the patient receiving | ||||||
| 7 | the treatment was not an insured, enrollee, or | ||||||
| 8 | beneficiary under the policy; | ||||||
| 9 | (C) upon material misrepresentation by the patient | ||||||
| 10 | or health care provider. In this item (C), "material" | ||||||
| 11 | means a fact or situation that is not merely technical | ||||||
| 12 | in nature and results or could result in a substantial | ||||||
| 13 | change in the situation; or | ||||||
| 14 | (D) upon determination that a service was excluded | ||||||
| 15 | under the terms of coverage. In that case, the | ||||||
| 16 | limitation to billing for a copayment, coinsurance, or | ||||||
| 17 | deductible shall not apply. | ||||||
| 18 | (4) Nothing in this subsection shall be construed to | ||||||
| 19 | require a policy to cover any health care service excluded | ||||||
| 20 | under the terms of coverage. | ||||||
| 21 | (x) Notwithstanding any provision of this Section, nothing | ||||||
| 22 | shall require the medical assistance program under Article V | ||||||
| 23 | of the Illinois Public Aid Code to violate any applicable | ||||||
| 24 | federal laws, regulations, or grant requirements or any State | ||||||
| 25 | or federal consent decrees. Nothing in subsection (w) shall | ||||||
| 26 | prevent the Department of Healthcare and Family Services from | ||||||
| |||||||
| |||||||
| 1 | requiring a health care provider to use specified level of | ||||||
| 2 | care, admission, continued stay, or discharge criteria, | ||||||
| 3 | including, but not limited to, those under Section 5-5.23 of | ||||||
| 4 | the Illinois Public Aid Code, as long as the Department of | ||||||
| 5 | Healthcare and Family Services does not require a health care | ||||||
| 6 | provider to seek prior authorization or concurrent review from | ||||||
| 7 | the Department of Healthcare and Family Services, a Medicaid | ||||||
| 8 | managed care organization, or a utilization review | ||||||
| 9 | organization under the circumstances expressly prohibited by | ||||||
| 10 | subsection (w). Nothing in this Section prohibits a health | ||||||
| 11 | plan, including a Medicaid managed care organization, from | ||||||
| 12 | conducting reviews for fraud, waste, or abuse and reporting | ||||||
| 13 | suspected fraud, waste, or abuse according to State and | ||||||
| 14 | federal requirements. | ||||||
| 15 | (y) Children's Mental Health. Nothing in this Section | ||||||
| 16 | shall suspend the screening and assessment requirements for | ||||||
| 17 | mental health services for children participating in the | ||||||
| 18 | State's medical assistance program as required in Section | ||||||
| 19 | 5-5.23 of the Illinois Public Aid Code. | ||||||
| 20 | (Source: P.A. 102-558, eff. 8-20-21; 102-579, eff. 1-1-22; | ||||||
| 21 | 102-813, eff. 5-13-22; 103-426, eff. 8-4-23; 103-650, eff. | ||||||
| 22 | 1-1-25; 103-1040, eff. 8-9-24; revised 11-26-24.)
| ||||||
| 23 | (215 ILCS 5/408) (from Ch. 73, par. 1020) | ||||||
| 24 | Sec. 408. Fees and charges. | ||||||
| 25 | (1) The Director shall charge, collect and give proper | ||||||
| |||||||
| |||||||
| 1 | acquittances for the payment of the following fees and | ||||||
| 2 | charges: | ||||||
| 3 | (a) For filing all documents submitted for the | ||||||
| 4 | incorporation or organization or certification of a | ||||||
| 5 | domestic company, except for a fraternal benefit society, | ||||||
| 6 | $2,000. | ||||||
| 7 | (b) For filing all documents submitted for the | ||||||
| 8 | incorporation or organization of a fraternal benefit | ||||||
| 9 | society, $500. | ||||||
| 10 | (c) For filing amendments to articles of incorporation | ||||||
| 11 | and amendments to declaration of organization, except for | ||||||
| 12 | a fraternal benefit society, a mutual benefit association, | ||||||
| 13 | a burial society or a farm mutual, $200. | ||||||
| 14 | (d) For filing amendments to articles of incorporation | ||||||
| 15 | of a fraternal benefit society, a mutual benefit | ||||||
| 16 | association or a burial society, $100. | ||||||
| 17 | (e) For filing amendments to articles of incorporation | ||||||
| 18 | of a farm mutual, $50. | ||||||
| 19 | (f) For filing bylaws or amendments thereto, $50. | ||||||
| 20 | (g) For filing agreement of merger or consolidation: | ||||||
| 21 | (i) for a domestic company, except for a fraternal | ||||||
| 22 | benefit society, a mutual benefit association, a | ||||||
| 23 | burial society, or a farm mutual, $2,000. | ||||||
| 24 | (ii) for a foreign or alien company, except for a | ||||||
| 25 | fraternal benefit society, $600. | ||||||
| 26 | (iii) for a fraternal benefit society, a mutual | ||||||
| |||||||
| |||||||
| 1 | benefit association, a burial society, or a farm | ||||||
| 2 | mutual, $200. | ||||||
| 3 | (h) For filing agreements of reinsurance by a domestic | ||||||
| 4 | company, $200. | ||||||
| 5 | (i) For filing all documents submitted by a foreign or | ||||||
| 6 | alien company to be admitted to transact business or | ||||||
| 7 | accredited as a reinsurer in this State, except for a | ||||||
| 8 | fraternal benefit society, $5,000. | ||||||
| 9 | (j) For filing all documents submitted by a foreign or | ||||||
| 10 | alien fraternal benefit society to be admitted to transact | ||||||
| 11 | business in this State, $500. | ||||||
| 12 | (k) For filing declaration of withdrawal of a foreign | ||||||
| 13 | or alien company, $50. | ||||||
| 14 | (l) For filing annual statement by a domestic company, | ||||||
| 15 | except a fraternal benefit society, a mutual benefit | ||||||
| 16 | association, a burial society, or a farm mutual, $200. | ||||||
| 17 | (m) For filing annual statement by a domestic | ||||||
| 18 | fraternal benefit society, $100. | ||||||
| 19 | (n) For filing annual statement by a farm mutual, a | ||||||
| 20 | mutual benefit association, or a burial society, $50. | ||||||
| 21 | (o) For issuing a certificate of authority or renewal | ||||||
| 22 | thereof except to a foreign fraternal benefit society, | ||||||
| 23 | $400. | ||||||
| 24 | (p) For issuing a certificate of authority or renewal | ||||||
| 25 | thereof to a foreign fraternal benefit society, $200. | ||||||
| 26 | (q) For issuing an amended certificate of authority, | ||||||
| |||||||
| |||||||
| 1 | $50. | ||||||
| 2 | (r) For each certified copy of certificate of | ||||||
| 3 | authority, $20. | ||||||
| 4 | (s) For each certificate of deposit, or valuation, or | ||||||
| 5 | compliance or surety certificate, $20. | ||||||
| 6 | (t) For copies of papers or records per page, $1. | ||||||
| 7 | (u) For each certification to copies of papers or | ||||||
| 8 | records, $10. | ||||||
| 9 | (v) For multiple copies of documents or certificates | ||||||
| 10 | listed in subparagraphs (r), (s), and (u) of paragraph (1) | ||||||
| 11 | of this Section, $10 for the first copy of a certificate of | ||||||
| 12 | any type and $5 for each additional copy of the same | ||||||
| 13 | certificate requested at the same time, unless, pursuant | ||||||
| 14 | to paragraph (2) of this Section, the Director finds these | ||||||
| 15 | additional fees excessive. | ||||||
| 16 | (w) For issuing a permit to sell shares or increase | ||||||
| 17 | paid-up capital: | ||||||
| 18 | (i) in connection with a public stock offering, | ||||||
| 19 | $300; | ||||||
| 20 | (ii) in any other case, $100. | ||||||
| 21 | (x) For issuing any other certificate required or | ||||||
| 22 | permissible under the law, $50. | ||||||
| 23 | (y) For filing a plan of exchange of the stock of a | ||||||
| 24 | domestic stock insurance company, a plan of | ||||||
| 25 | demutualization of a domestic mutual company, or a plan of | ||||||
| 26 | reorganization under Article XII, $2,000. | ||||||
| |||||||
| |||||||
| 1 | (z) For filing a statement of acquisition of a | ||||||
| 2 | domestic company as defined in Section 131.4 of this Code, | ||||||
| 3 | $2,000. | ||||||
| 4 | (aa) For filing an agreement to purchase the business | ||||||
| 5 | of an organization authorized under the Dental Service | ||||||
| 6 | Plan Act or the Voluntary Health Services Plans Act or of a | ||||||
| 7 | health maintenance organization or a limited health | ||||||
| 8 | service organization, $2,000. | ||||||
| 9 | (bb) For filing a statement of acquisition of a | ||||||
| 10 | foreign or alien insurance company as defined in Section | ||||||
| 11 | 131.12a of this Code, $1,000. | ||||||
| 12 | (cc) For filing a registration statement as required | ||||||
| 13 | in Sections 131.13 and 131.14, the notification as | ||||||
| 14 | required by Sections 131.16, 131.20a, or 141.4, or an | ||||||
| 15 | agreement or transaction required by Sections 124.2(2), | ||||||
| 16 | 141, 141a, or 141.1, $200. | ||||||
| 17 | (dd) For filing an application for licensing of: | ||||||
| 18 | (i) a religious or charitable risk pooling trust | ||||||
| 19 | or a workers' compensation pool, $1,000; | ||||||
| 20 | (ii) a workers' compensation service company, | ||||||
| 21 | $500; | ||||||
| 22 | (iii) a self-insured automobile fleet, $200; or | ||||||
| 23 | (iv) a renewal of or amendment of any license | ||||||
| 24 | issued pursuant to (i), (ii), or (iii) above, $100. | ||||||
| 25 | (ee) For filing articles of incorporation for a | ||||||
| 26 | syndicate to engage in the business of insurance through | ||||||
| |||||||
| |||||||
| 1 | the Illinois Insurance Exchange, $2,000. | ||||||
| 2 | (ff) For filing amended articles of incorporation for | ||||||
| 3 | a syndicate engaged in the business of insurance through | ||||||
| 4 | the Illinois Insurance Exchange, $100. | ||||||
| 5 | (gg) For filing articles of incorporation for a | ||||||
| 6 | limited syndicate to join with other subscribers or | ||||||
| 7 | limited syndicates to do business through the Illinois | ||||||
| 8 | Insurance Exchange, $1,000. | ||||||
| 9 | (hh) For filing amended articles of incorporation for | ||||||
| 10 | a limited syndicate to do business through the Illinois | ||||||
| 11 | Insurance Exchange, $100. | ||||||
| 12 | (ii) For a permit to solicit subscriptions to a | ||||||
| 13 | syndicate or limited syndicate, $100. | ||||||
| 14 | (jj) For the filing of each form as required in | ||||||
| 15 | Section 143 of this Code, $50 per form. Informational and | ||||||
| 16 | advertising filings shall be $25 per filing. The fee for | ||||||
| 17 | advisory and rating organizations shall be $200 per form. | ||||||
| 18 | (i) For the purposes of the form filing fee, | ||||||
| 19 | filings made on insert page basis will be considered | ||||||
| 20 | one form at the time of its original submission. | ||||||
| 21 | Changes made to a form subsequent to its approval | ||||||
| 22 | shall be considered a new filing. | ||||||
| 23 | (ii) Only one fee shall be charged for a form, | ||||||
| 24 | regardless of the number of other forms or policies | ||||||
| 25 | with which it will be used. | ||||||
| 26 | (iii) Fees charged for a policy filed as it will be | ||||||
| |||||||
| |||||||
| 1 | issued regardless of the number of forms comprising | ||||||
| 2 | that policy shall not exceed $1,500. For advisory or | ||||||
| 3 | rating organizations, fees charged for a policy filed | ||||||
| 4 | as it will be issued regardless of the number of forms | ||||||
| 5 | comprising that policy shall not exceed $2,500. | ||||||
| 6 | (iv) The Director may by rule exempt forms from | ||||||
| 7 | such fees. | ||||||
| 8 | (kk) For filing an application for licensing of a | ||||||
| 9 | reinsurance intermediary, $500. | ||||||
| 10 | (ll) For filing an application for renewal of a | ||||||
| 11 | license of a reinsurance intermediary, $200. | ||||||
| 12 | (mm) For filing a plan of division of a domestic stock | ||||||
| 13 | company under Article IIB, $100,000. | ||||||
| 14 | (nn) For filing all documents submitted by a foreign | ||||||
| 15 | or alien company to be a certified reinsurer in this | ||||||
| 16 | State, except for a fraternal benefit society, $1,000. | ||||||
| 17 | (oo) For filing a renewal by a foreign or alien | ||||||
| 18 | company to be a certified reinsurer in this State, except | ||||||
| 19 | for a fraternal benefit society, $400. | ||||||
| 20 | (pp) For filing all documents submitted by a reinsurer | ||||||
| 21 | domiciled in a reciprocal jurisdiction, $1,000. | ||||||
| 22 | (qq) For filing a renewal by a reinsurer domiciled in | ||||||
| 23 | a reciprocal jurisdiction, $400. | ||||||
| 24 | (rr) For registering a captive management company or | ||||||
| 25 | renewal thereof, $50. | ||||||
| 26 | (ss) For filing an insurance business transfer plan | ||||||
| |||||||
| |||||||
| 1 | under Article XLVII, $100,000. | ||||||
| 2 | (2) When printed copies or numerous copies of the same | ||||||
| 3 | paper or records are furnished or certified, the Director may | ||||||
| 4 | reduce such fees for copies if he finds them excessive. He may, | ||||||
| 5 | when he considers it in the public interest, furnish without | ||||||
| 6 | charge to state insurance departments and persons other than | ||||||
| 7 | companies, copies or certified copies of reports of | ||||||
| 8 | examinations and of other papers and records. | ||||||
| 9 | (3)(a) The expenses incurred in any performance | ||||||
| 10 | examination authorized by law shall be paid by the company or | ||||||
| 11 | person being examined. The charge shall be consistent with | ||||||
| 12 | that otherwise authorized by law and shall be reasonably | ||||||
| 13 | related to the cost of the examination, including, but not | ||||||
| 14 | limited to, compensation of examiners, electronic data | ||||||
| 15 | processing costs, supervision and preparation of an | ||||||
| 16 | examination report, and lodging and travel expenses. All | ||||||
| 17 | lodging and travel expenses shall be in accord with the | ||||||
| 18 | applicable travel regulations as published by the Department | ||||||
| 19 | of Central Management Services and approved by the Governor's | ||||||
| 20 | Travel Control Board, except that out-of-state lodging and | ||||||
| 21 | travel expenses related to examinations authorized under | ||||||
| 22 | Section 132 shall be in accordance with travel rates | ||||||
| 23 | prescribed under paragraph 301-7.2 of the Federal Travel | ||||||
| 24 | Regulations, 41 CFR 301-7.2, for reimbursement of subsistence | ||||||
| 25 | expenses incurred during official travel. All lodging and | ||||||
| 26 | travel expenses may be reimbursed directly upon authorization | ||||||
| |||||||
| |||||||
| 1 | of the Director. With the exception of the direct | ||||||
| 2 | reimbursements authorized by the Director, all performance | ||||||
| 3 | examination charges collected by the Department shall be paid | ||||||
| 4 | to the Insurance Producer Administration Fund, however, the | ||||||
| 5 | electronic data processing costs incurred by the Department in | ||||||
| 6 | the performance of any examination shall be billed directly to | ||||||
| 7 | the company being examined for payment to the Technology | ||||||
| 8 | Management Revolving Fund. | ||||||
| 9 | (b) The costs and fees incurred in a market conduct | ||||||
| 10 | examination shall be itemized and bills shall be provided to | ||||||
| 11 | the examinee on a monthly basis for review prior to submission | ||||||
| 12 | for payment. The Director shall review and affirmatively | ||||||
| 13 | endorse detailed billings from any contracted, qualified | ||||||
| 14 | outside professional assistance retained under Section 402 for | ||||||
| 15 | market conduct examinations before the detailed billings are | ||||||
| 16 | sent to the examinee. Before any qualified outside | ||||||
| 17 | professional assistance conducts billable work on an | ||||||
| 18 | examination, the Department shall disclose to the examinee the | ||||||
| 19 | terms of the contracts with the qualified outside professional | ||||||
| 20 | assistance that will be used, including the fees and hourly | ||||||
| 21 | rates that can be charged. | ||||||
| 22 | (4) At the time of any service of process on the Director | ||||||
| 23 | as attorney for such service, the Director shall charge and | ||||||
| 24 | collect the sum of $40, which may be recovered as taxable costs | ||||||
| 25 | by the party to the suit or action causing such service to be | ||||||
| 26 | made if he prevails in such suit or action. | ||||||
| |||||||
| |||||||
| 1 | (5)(a) The costs incurred by the Department of Insurance | ||||||
| 2 | in conducting any hearing authorized by law shall be assessed | ||||||
| 3 | against the parties to the hearing in such proportion as the | ||||||
| 4 | Director of Insurance may determine upon consideration of all | ||||||
| 5 | relevant circumstances including: (1) the nature of the | ||||||
| 6 | hearing; (2) whether the hearing was instigated by, or for the | ||||||
| 7 | benefit of a particular party or parties; (3) whether there is | ||||||
| 8 | a successful party on the merits of the proceeding; and (4) the | ||||||
| 9 | relative levels of participation by the parties. | ||||||
| 10 | (b) For purposes of this subsection (5) costs incurred | ||||||
| 11 | shall mean the hearing officer fees, court reporter fees, and | ||||||
| 12 | travel expenses of Department of Insurance officers and | ||||||
| 13 | employees; provided however, that costs incurred shall not | ||||||
| 14 | include hearing officer fees or court reporter fees unless the | ||||||
| 15 | Department has retained the services of independent | ||||||
| 16 | contractors or outside experts to perform such functions. | ||||||
| 17 | (c) The Director shall make the assessment of costs | ||||||
| 18 | incurred as part of the final order or decision arising out of | ||||||
| 19 | the proceeding; provided, however, that such order or decision | ||||||
| 20 | shall include findings and conclusions in support of the | ||||||
| 21 | assessment of costs. This subsection (5) shall not be | ||||||
| 22 | construed as permitting the payment of travel expenses unless | ||||||
| 23 | calculated in accordance with the applicable travel | ||||||
| 24 | regulations of the Department of Central Management Services, | ||||||
| 25 | as approved by the Governor's Travel Control Board. The | ||||||
| 26 | Director as part of such order or decision shall require all | ||||||
| |||||||
| |||||||
| 1 | assessments for hearing officer fees and court reporter fees, | ||||||
| 2 | if any, to be paid directly to the hearing officer or court | ||||||
| 3 | reporter by the party or parties party(s) assessed for such | ||||||
| 4 | costs. The assessments for travel expenses of Department | ||||||
| 5 | officers and employees shall be reimbursable to the Director | ||||||
| 6 | of Insurance for deposit to the fund out of which those | ||||||
| 7 | expenses had been paid. | ||||||
| 8 | (d) The provisions of this subsection (5) shall apply in | ||||||
| 9 | the case of any hearing conducted by the Director of Insurance | ||||||
| 10 | not otherwise specifically provided for by law. | ||||||
| 11 | (6) The Director shall charge and collect an annual | ||||||
| 12 | financial regulation fee from every domestic company for | ||||||
| 13 | examination and analysis of its financial condition and to | ||||||
| 14 | fund the internal costs and expenses of the Interstate | ||||||
| 15 | Insurance Receivership Commission as may be allocated to the | ||||||
| 16 | State of Illinois and companies doing an insurance business in | ||||||
| 17 | this State pursuant to Article X of the Interstate Insurance | ||||||
| 18 | Receivership Compact. The fee shall be the greater fixed | ||||||
| 19 | amount based upon the combination of nationwide direct premium | ||||||
| 20 | income and nationwide reinsurance assumed premium income or | ||||||
| 21 | upon admitted assets calculated under this subsection as | ||||||
| 22 | follows: | ||||||
| 23 | (a) Combination of nationwide direct premium income | ||||||
| 24 | and nationwide reinsurance assumed premium. | ||||||
| 25 | (i) $150, if the premium is less than $500,000 and | ||||||
| 26 | there is no reinsurance assumed premium; | ||||||
| |||||||
| |||||||
| 1 | (ii) $750, if the premium is $500,000 or more, but | ||||||
| 2 | less than $5,000,000 and there is no reinsurance | ||||||
| 3 | assumed premium; or if the premium is less than | ||||||
| 4 | $5,000,000 and the reinsurance assumed premium is less | ||||||
| 5 | than $10,000,000; | ||||||
| 6 | (iii) $3,750, if the premium is less than | ||||||
| 7 | $5,000,000 and the reinsurance assumed premium is | ||||||
| 8 | $10,000,000 or more; | ||||||
| 9 | (iv) $7,500, if the premium is $5,000,000 or more, | ||||||
| 10 | but less than $10,000,000; | ||||||
| 11 | (v) $18,000, if the premium is $10,000,000 or | ||||||
| 12 | more, but less than $25,000,000; | ||||||
| 13 | (vi) $22,500, if the premium is $25,000,000 or | ||||||
| 14 | more, but less than $50,000,000; | ||||||
| 15 | (vii) $30,000, if the premium is $50,000,000 or | ||||||
| 16 | more, but less than $100,000,000; | ||||||
| 17 | (viii) $37,500, if the premium is $100,000,000 or | ||||||
| 18 | more. | ||||||
| 19 | (b) Admitted assets. | ||||||
| 20 | (i) $150, if admitted assets are less than | ||||||
| 21 | $1,000,000; | ||||||
| 22 | (ii) $750, if admitted assets are $1,000,000 or | ||||||
| 23 | more, but less than $5,000,000; | ||||||
| 24 | (iii) $3,750, if admitted assets are $5,000,000 or | ||||||
| 25 | more, but less than $25,000,000; | ||||||
| 26 | (iv) $7,500, if admitted assets are $25,000,000 or | ||||||
| |||||||
| |||||||
| 1 | more, but less than $50,000,000; | ||||||
| 2 | (v) $18,000, if admitted assets are $50,000,000 or | ||||||
| 3 | more, but less than $100,000,000; | ||||||
| 4 | (vi) $22,500, if admitted assets are $100,000,000 | ||||||
| 5 | or more, but less than $500,000,000; | ||||||
| 6 | (vii) $30,000, if admitted assets are $500,000,000 | ||||||
| 7 | or more, but less than $1,000,000,000; | ||||||
| 8 | (viii) $37,500, if admitted assets are | ||||||
| 9 | $1,000,000,000 or more. | ||||||
| 10 | (c) The sum of financial regulation fees charged to | ||||||
| 11 | the domestic companies of the same affiliated group shall | ||||||
| 12 | not exceed $250,000 in the aggregate in any single year | ||||||
| 13 | and shall be billed by the Director to the member company | ||||||
| 14 | designated by the group. | ||||||
| 15 | (7) The Director shall charge and collect an annual | ||||||
| 16 | financial regulation fee from every foreign or alien company, | ||||||
| 17 | except fraternal benefit societies, for the examination and | ||||||
| 18 | analysis of its financial condition and to fund the internal | ||||||
| 19 | costs and expenses of the Interstate Insurance Receivership | ||||||
| 20 | Commission as may be allocated to the State of Illinois and | ||||||
| 21 | companies doing an insurance business in this State pursuant | ||||||
| 22 | to Article X of the Interstate Insurance Receivership Compact. | ||||||
| 23 | The fee shall be a fixed amount based upon Illinois direct | ||||||
| 24 | premium income and nationwide reinsurance assumed premium | ||||||
| 25 | income in accordance with the following schedule: | ||||||
| 26 | (a) $150, if the premium is less than $500,000 and | ||||||
| |||||||
| |||||||
| 1 | there is no reinsurance assumed premium; | ||||||
| 2 | (b) $750, if the premium is $500,000 or more, but less | ||||||
| 3 | than $5,000,000 and there is no reinsurance assumed | ||||||
| 4 | premium; or if the premium is less than $5,000,000 and the | ||||||
| 5 | reinsurance assumed premium is less than $10,000,000; | ||||||
| 6 | (c) $3,750, if the premium is less than $5,000,000 and | ||||||
| 7 | the reinsurance assumed premium is $10,000,000 or more; | ||||||
| 8 | (d) $7,500, if the premium is $5,000,000 or more, but | ||||||
| 9 | less than $10,000,000; | ||||||
| 10 | (e) $18,000, if the premium is $10,000,000 or more, | ||||||
| 11 | but less than $25,000,000; | ||||||
| 12 | (f) $22,500, if the premium is $25,000,000 or more, | ||||||
| 13 | but less than $50,000,000; | ||||||
| 14 | (g) $30,000, if the premium is $50,000,000 or more, | ||||||
| 15 | but less than $100,000,000; | ||||||
| 16 | (h) $37,500, if the premium is $100,000,000 or more. | ||||||
| 17 | The sum of financial regulation fees under this subsection | ||||||
| 18 | (7) charged to the foreign or alien companies within the same | ||||||
| 19 | affiliated group shall not exceed $250,000 in the aggregate in | ||||||
| 20 | any single year and shall be billed by the Director to the | ||||||
| 21 | member company designated by the group. | ||||||
| 22 | (8) Beginning January 1, 1992, the financial regulation | ||||||
| 23 | fees imposed under subsections (6) and (7) of this Section | ||||||
| 24 | shall be paid by each company or domestic affiliated group | ||||||
| 25 | annually. After January 1, 1994, the fee shall be billed by | ||||||
| 26 | Department invoice based upon the company's premium income or | ||||||
| |||||||
| |||||||
| 1 | admitted assets as shown in its annual statement for the | ||||||
| 2 | preceding calendar year. The invoice is due upon receipt and | ||||||
| 3 | must be paid no later than June 30 of each calendar year. All | ||||||
| 4 | financial regulation fees collected by the Department shall be | ||||||
| 5 | paid to the Insurance Financial Regulation Fund. The | ||||||
| 6 | Department may not collect financial examiner per diem charges | ||||||
| 7 | from companies subject to subsections (6) and (7) of this | ||||||
| 8 | Section undergoing financial examination after June 30, 1992. | ||||||
| 9 | (9) In addition to the financial regulation fee required | ||||||
| 10 | by this Section, a company undergoing any financial | ||||||
| 11 | examination authorized by law shall pay the following costs | ||||||
| 12 | and expenses incurred by the Department: electronic data | ||||||
| 13 | processing costs, the expenses authorized under Section 131.21 | ||||||
| 14 | and subsection (d) of Section 132.4 of this Code, and lodging | ||||||
| 15 | and travel expenses. | ||||||
| 16 | Electronic data processing costs incurred by the | ||||||
| 17 | Department in the performance of any examination shall be | ||||||
| 18 | billed directly to the company undergoing examination for | ||||||
| 19 | payment to the Technology Management Revolving Fund. Except | ||||||
| 20 | for direct reimbursements authorized by the Director or direct | ||||||
| 21 | payments made under Section 131.21 or subsection (d) of | ||||||
| 22 | Section 132.4 of this Code, all financial regulation fees and | ||||||
| 23 | all financial examination charges collected by the Department | ||||||
| 24 | shall be paid to the Insurance Financial Regulation Fund. | ||||||
| 25 | All lodging and travel expenses shall be in accordance | ||||||
| 26 | with applicable travel regulations published by the Department | ||||||
| |||||||
| |||||||
| 1 | of Central Management Services and approved by the Governor's | ||||||
| 2 | Travel Control Board, except that out-of-state lodging and | ||||||
| 3 | travel expenses related to examinations authorized under | ||||||
| 4 | Sections 132.1 through 132.7 shall be in accordance with | ||||||
| 5 | travel rates prescribed under paragraph 301-7.2 of the Federal | ||||||
| 6 | Travel Regulations, 41 CFR 301-7.2, for reimbursement of | ||||||
| 7 | subsistence expenses incurred during official travel. All | ||||||
| 8 | lodging and travel expenses may be reimbursed directly upon | ||||||
| 9 | the authorization of the Director. | ||||||
| 10 | In the case of an organization or person not subject to the | ||||||
| 11 | financial regulation fee, the expenses incurred in any | ||||||
| 12 | financial examination authorized by law shall be paid by the | ||||||
| 13 | organization or person being examined. The charge shall be | ||||||
| 14 | reasonably related to the cost of the examination including, | ||||||
| 15 | but not limited to, compensation of examiners and other costs | ||||||
| 16 | described in this subsection. | ||||||
| 17 | (10) Any company, person, or entity failing to make any | ||||||
| 18 | payment of $150 or more as required under this Section shall be | ||||||
| 19 | subject to the penalty and interest provisions provided for in | ||||||
| 20 | subsections (4) and (7) of Section 412. | ||||||
| 21 | (11) Unless otherwise specified, all of the fees collected | ||||||
| 22 | under this Section shall be paid into the Insurance Financial | ||||||
| 23 | Regulation Fund. | ||||||
| 24 | (12) For purposes of this Section: | ||||||
| 25 | (a) "Domestic company" means a company as defined in | ||||||
| 26 | Section 2 of this Code which is incorporated or organized | ||||||
| |||||||
| |||||||
| 1 | under the laws of this State, and in addition includes a | ||||||
| 2 | not-for-profit corporation authorized under the Dental | ||||||
| 3 | Service Plan Act or the Voluntary Health Services Plans | ||||||
| 4 | Act, a health maintenance organization, and a limited | ||||||
| 5 | health service organization. | ||||||
| 6 | (b) "Foreign company" means a company as defined in | ||||||
| 7 | Section 2 of this Code which is incorporated or organized | ||||||
| 8 | under the laws of any state of the United States other than | ||||||
| 9 | this State and in addition includes a health maintenance | ||||||
| 10 | organization and a limited health service organization | ||||||
| 11 | which is incorporated or organized under the laws of any | ||||||
| 12 | state of the United States other than this State. | ||||||
| 13 | (c) "Alien company" means a company as defined in | ||||||
| 14 | Section 2 of this Code which is incorporated or organized | ||||||
| 15 | under the laws of any country other than the United | ||||||
| 16 | States. | ||||||
| 17 | (d) "Fraternal benefit society" means a corporation, | ||||||
| 18 | society, order, lodge or voluntary association as defined | ||||||
| 19 | in Section 282.1 of this Code. | ||||||
| 20 | (e) "Mutual benefit association" means a company, | ||||||
| 21 | association or corporation authorized by the Director to | ||||||
| 22 | do business in this State under the provisions of Article | ||||||
| 23 | XVIII of this Code. | ||||||
| 24 | (f) "Burial society" means a person, firm, | ||||||
| 25 | corporation, society or association of individuals | ||||||
| 26 | authorized by the Director to do business in this State | ||||||
| |||||||
| |||||||
| 1 | under the provisions of Article XIX of this Code. | ||||||
| 2 | (g) "Farm mutual" means a district, county and | ||||||
| 3 | township mutual insurance company authorized by the | ||||||
| 4 | Director to do business in this State under the provisions | ||||||
| 5 | of the Farm Mutual Insurance Company Act of 1986. | ||||||
| 6 | (Source: P.A. 102-775, eff. 5-13-22; 103-75, eff. 1-1-25; | ||||||
| 7 | 103-718, eff. 7-19-24; 103-897, eff. 1-1-25; revised | ||||||
| 8 | 11-22-24.)
| ||||||
| 9 | (215 ILCS 5/416) | ||||||
| 10 | Sec. 416. Illinois Workers' Compensation Commission | ||||||
| 11 | Operations Fund Surcharge. | ||||||
| 12 | (a) As of July 30, 2004 (the effective date of Public Act | ||||||
| 13 | 93-840), every company licensed or authorized by the Illinois | ||||||
| 14 | Department of Insurance and insuring employers' liabilities | ||||||
| 15 | arising under the Workers' Compensation Act or the Workers' | ||||||
| 16 | Occupational Diseases Act shall remit to the Director a | ||||||
| 17 | surcharge based upon the annual direct written premium, as | ||||||
| 18 | reported under Section 136 of this Act, of the company in the | ||||||
| 19 | manner provided in this Section. Such proceeds shall be | ||||||
| 20 | deposited into the Illinois Workers' Compensation Commission | ||||||
| 21 | Operations Fund as established in the Workers' Compensation | ||||||
| 22 | Act. If a company survives or was formed by a merger, | ||||||
| 23 | consolidation, reorganization, or reincorporation, the direct | ||||||
| 24 | written premiums of all companies party to the merger, | ||||||
| 25 | consolidation, reorganization, or reincorporation shall, for | ||||||
| |||||||
| |||||||
| 1 | purposes of determining the amount of the fee imposed by this | ||||||
| 2 | Section, be regarded as those of the surviving or new company. | ||||||
| 3 | (b) Beginning on July 30, 2004 (the effective date of | ||||||
| 4 | Public Act 93-840) and on July 1 of each year thereafter | ||||||
| 5 | through 2023, the Director shall charge an annual Illinois | ||||||
| 6 | Workers' Compensation Commission Operations Fund Surcharge | ||||||
| 7 | from every company subject to subsection (a) of this Section | ||||||
| 8 | equal to 1.01% of its direct written premium for insuring | ||||||
| 9 | employers' liabilities arising under the Workers' Compensation | ||||||
| 10 | Act or Workers' Occupational Diseases Act as reported in each | ||||||
| 11 | company's annual statement filed for the previous year as | ||||||
| 12 | required by Section 136. Within 15 days after June 5, 2024 (the | ||||||
| 13 | effective date of Public Act 103-590) this amendatory Act of | ||||||
| 14 | the 103rd General Assembly and on July 1 of each year | ||||||
| 15 | thereafter, the Director shall charge an annual Illinois | ||||||
| 16 | Workers' Compensation Commission Operations Fund Surcharge | ||||||
| 17 | from every company subject to subsection (a) of this Section | ||||||
| 18 | equal to 1.092% of its direct written premium for insuring | ||||||
| 19 | employers' liabilities arising under the Workers' Compensation | ||||||
| 20 | Act or Workers' Occupational Diseases Act as reported in each | ||||||
| 21 | company's annual statement filed for the previous year as | ||||||
| 22 | required by Section 136. The Illinois Workers' Compensation | ||||||
| 23 | Commission Operations Fund Surcharge shall be collected by | ||||||
| 24 | companies subject to subsection (a) of this Section as a | ||||||
| 25 | separately stated surcharge on insured employers at the rate | ||||||
| 26 | of 1.092% of direct written premium for the surcharge due in | ||||||
| |||||||
| |||||||
| 1 | 2024 and each year thereafter. The Illinois Workers' | ||||||
| 2 | Compensation Commission Operations Fund Surcharge shall not be | ||||||
| 3 | collected by companies subject to subsection (a) of this | ||||||
| 4 | Section from any employer that self-insures its liabilities | ||||||
| 5 | arising under the Workers' Compensation Act or Workers' | ||||||
| 6 | Occupational Diseases Act, provided that the employer has paid | ||||||
| 7 | the Illinois Workers' Compensation Commission Operations Fund | ||||||
| 8 | Fee pursuant to Section 4d of the Workers' Compensation Act. | ||||||
| 9 | All sums collected by the Department of Insurance under the | ||||||
| 10 | provisions of this Section shall be paid promptly after the | ||||||
| 11 | receipt of the same, accompanied by a detailed statement | ||||||
| 12 | thereof, into the Illinois Workers' Compensation Commission | ||||||
| 13 | Operations Fund in the State treasury. | ||||||
| 14 | (b)(2) (Blank). | ||||||
| 15 | (c) In addition to the authority specifically granted | ||||||
| 16 | under Article XXV of this Code, the Director shall have such | ||||||
| 17 | authority to adopt rules or establish forms as may be | ||||||
| 18 | reasonably necessary for purposes of enforcing this Section. | ||||||
| 19 | The Director shall also have authority to defer, waive, or | ||||||
| 20 | abate the surcharge or any penalties imposed by this Section | ||||||
| 21 | if in the Director's opinion the company's solvency and | ||||||
| 22 | ability to meet its insured obligations would be immediately | ||||||
| 23 | threatened by payment of the surcharge due. | ||||||
| 24 | (d) When a company fails to pay the full amount of any | ||||||
| 25 | annual Illinois Workers' Compensation Commission Operations | ||||||
| 26 | Fund Surcharge of $100 or more due under this Section, there | ||||||
| |||||||
| |||||||
| 1 | shall be added to the amount due as a penalty an amount equal | ||||||
| 2 | to 10% of the deficiency for each month or part of a month that | ||||||
| 3 | the deficiency remains unpaid. | ||||||
| 4 | (e) The Department of Insurance may enforce the collection | ||||||
| 5 | of any delinquent payment, penalty, or portion thereof by | ||||||
| 6 | legal action or in any other manner by which the collection of | ||||||
| 7 | debts due the State of Illinois may be enforced under the laws | ||||||
| 8 | of this State. | ||||||
| 9 | (f) Whenever it appears to the satisfaction of the | ||||||
| 10 | Director that a company has paid pursuant to this Act an | ||||||
| 11 | Illinois Workers' Compensation Commission Operations Fund | ||||||
| 12 | Surcharge in an amount in excess of the amount legally | ||||||
| 13 | collectable from the company, the Director shall issue a | ||||||
| 14 | credit memorandum for an amount equal to the amount of such | ||||||
| 15 | overpayment. A credit memorandum may be applied for the 2-year | ||||||
| 16 | period from the date of issuance, against the payment of any | ||||||
| 17 | amount due during that period under the surcharge imposed by | ||||||
| 18 | this Section or, subject to reasonable rule of the Department | ||||||
| 19 | of Insurance including requirement of notification, may be | ||||||
| 20 | assigned to any other company subject to regulation under this | ||||||
| 21 | Act. Any application of credit memoranda after the period | ||||||
| 22 | provided for in this Section is void. | ||||||
| 23 | (g) Annually, the Governor may direct a transfer of up to | ||||||
| 24 | 2% of all moneys collected under this Section to the Insurance | ||||||
| 25 | Financial Regulation Fund. | ||||||
| 26 | (Source: P.A. 102-775, eff. 5-13-22; 103-590, eff. 6-5-24; | ||||||
| |||||||
| |||||||
| 1 | revised 7-31-24.)
| ||||||
| 2 | (215 ILCS 5/500-35) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 4 | Sec. 500-35. License. | ||||||
| 5 | (a) Unless denied a license pursuant to Section 500-70, | ||||||
| 6 | persons who have met the requirements of Sections 500-25 and | ||||||
| 7 | 500-30 shall be issued a 2-year insurance producer license. An | ||||||
| 8 | insurance producer may receive qualification for a license in | ||||||
| 9 | one or more of the following lines of authority: | ||||||
| 10 | (1) Life: insurance coverage on human lives including | ||||||
| 11 | benefits of endowment and annuities, and may include | ||||||
| 12 | benefits in the event of death or dismemberment by | ||||||
| 13 | accident and benefits for disability income. | ||||||
| 14 | (2) Variable life and variable annuity products: | ||||||
| 15 | insurance coverage provided under variable life insurance | ||||||
| 16 | contracts and variable annuities. | ||||||
| 17 | (3) Accident and health or sickness: insurance | ||||||
| 18 | coverage for sickness, bodily injury, or accidental death | ||||||
| 19 | and may include benefits for disability income. | ||||||
| 20 | (4) Property: insurance coverage for the direct or | ||||||
| 21 | consequential loss or damage to property of every kind. | ||||||
| 22 | (5) Casualty: insurance coverage against legal | ||||||
| 23 | liability, including that for death, injury, or disability | ||||||
| 24 | or damage to real or personal property. | ||||||
| 25 | (6) Personal lines: property and casualty insurance | ||||||
| |||||||
| |||||||
| 1 | coverage sold to individuals and families for primarily | ||||||
| 2 | noncommercial purposes. | ||||||
| 3 | (7) Any other line of insurance permitted under State | ||||||
| 4 | laws or rules. | ||||||
| 5 | (b) An insurance producer license shall remain in effect | ||||||
| 6 | unless revoked or suspended as long as the fee set forth in | ||||||
| 7 | Section 500-135 is paid and education requirements for | ||||||
| 8 | resident individual producers are met by the due date. | ||||||
| 9 | (1) Before each license renewal, an insurance producer | ||||||
| 10 | must satisfactorily complete at least 24 hours of course | ||||||
| 11 | study or participation in a professional insurance | ||||||
| 12 | association under paragraph (3) of this subsection in | ||||||
| 13 | accordance with rules prescribed by the Director. Three of | ||||||
| 14 | the 24 hours of course study must consist of classroom or | ||||||
| 15 | webinar ethics instruction. The Director may not approve a | ||||||
| 16 | course of study unless the course provides for classroom, | ||||||
| 17 | seminar, webinar, or self-study instruction methods. A | ||||||
| 18 | course given in a combination instruction method of | ||||||
| 19 | classroom, seminar, webinar, or self-study shall be deemed | ||||||
| 20 | to be a self-study course unless the number of classroom, | ||||||
| 21 | seminar, or webinar certified hours meets or exceeds | ||||||
| 22 | two-thirds of total hours certified for the course. The | ||||||
| 23 | self-study material used in the combination course must be | ||||||
| 24 | directly related to and complement the classroom portion | ||||||
| 25 | of the course in order to be considered for credit. An | ||||||
| 26 | instruction method other than classroom or seminar shall | ||||||
| |||||||
| |||||||
| 1 | be considered as self-study methodology. Self-study credit | ||||||
| 2 | hours require the successful completion of an examination | ||||||
| 3 | covering the self-study material. The examination may not | ||||||
| 4 | be self-evaluated. However, if the self-study material is | ||||||
| 5 | completed through the use of an approved computerized | ||||||
| 6 | interactive format whereby the computer validates the | ||||||
| 7 | successful completion of the self-study material, no | ||||||
| 8 | additional examination is required. The self-study credit | ||||||
| 9 | hours contained in a certified course shall be considered | ||||||
| 10 | classroom hours when at least two-thirds of the hours are | ||||||
| 11 | given as classroom or seminar instruction. | ||||||
| 12 | (2) An insurance producer license automatically | ||||||
| 13 | terminates when an insurance producer fails to | ||||||
| 14 | successfully meet the requirements of paragraph item (1) | ||||||
| 15 | of this subsection (b) of this Section. The producer must | ||||||
| 16 | complete the course in advance of the renewal date to | ||||||
| 17 | allow the education provider time to report the credit to | ||||||
| 18 | the Department. | ||||||
| 19 | (3) An insurance producer's active participation in a | ||||||
| 20 | State or national professional insurance association may | ||||||
| 21 | be approved by the Director for up to 4 hours of continuing | ||||||
| 22 | education credit per biennial reporting period. Credit | ||||||
| 23 | shall be provided on an hour-for-hour basis. These hours | ||||||
| 24 | shall be verified and submitted by the association on | ||||||
| 25 | behalf of the insurance producer and credited upon timely | ||||||
| 26 | filing with the Director or his or her designee on a | ||||||
| |||||||
| |||||||
| 1 | biennial basis. Any association submitting continuing | ||||||
| 2 | education credit hours on behalf of insurance producers | ||||||
| 3 | must be registered as an education provider under Section | ||||||
| 4 | 500-135. Credit granted under these provisions shall not | ||||||
| 5 | be used to satisfy ethics education requirements. Active | ||||||
| 6 | participation in a State or national professional | ||||||
| 7 | insurance association is defined by one of the following | ||||||
| 8 | methods: | ||||||
| 9 | (A) service on a board of directors of a State or | ||||||
| 10 | national chapter of the association; | ||||||
| 11 | (B) service on a formal committee of a State or | ||||||
| 12 | national chapter of the association; or | ||||||
| 13 | (C) service on a formal subcommittee or task force | ||||||
| 14 | of a State or national chapter of the association. | ||||||
| 15 | (c) A provider of a pre-licensing or continuing education | ||||||
| 16 | course required by Section 500-30 and this Section must pay a | ||||||
| 17 | registration fee and a course certification fee for each | ||||||
| 18 | course being certified as provided by Section 500-135. | ||||||
| 19 | (d) An individual insurance producer who allows his or her | ||||||
| 20 | license to lapse may, within 12 months after the due date of | ||||||
| 21 | the renewal fee, be issued a license without the necessity of | ||||||
| 22 | passing a written examination. However, a penalty in the | ||||||
| 23 | amount of double the unpaid renewal fee shall be required | ||||||
| 24 | after the due date. | ||||||
| 25 | (e) A licensed insurance producer who is unable to comply | ||||||
| 26 | with license renewal procedures due to military service may | ||||||
| |||||||
| |||||||
| 1 | request a waiver of those procedures. | ||||||
| 2 | (f) The license must contain the licensee's name, address, | ||||||
| 3 | and personal identification number, the date of issuance, the | ||||||
| 4 | lines of authority, the expiration date, and any other | ||||||
| 5 | information the Director deems necessary. | ||||||
| 6 | (g) Licensees must inform the Director by any means | ||||||
| 7 | acceptable to the Director of a change of address within 30 | ||||||
| 8 | days after the change. | ||||||
| 9 | (h) In order to assist in the performance of the | ||||||
| 10 | Director's duties, the Director may contract with a | ||||||
| 11 | non-governmental entity including the National Association of | ||||||
| 12 | Insurance Commissioners (NAIC), or any affiliates or | ||||||
| 13 | subsidiaries that the NAIC oversees, to perform any | ||||||
| 14 | ministerial functions, including collection of fees, related | ||||||
| 15 | to producer licensing that the Director and the | ||||||
| 16 | non-governmental entity may deem appropriate. | ||||||
| 17 | (Source: P.A. 102-766, eff. 1-1-23; revised 10-23-24.)
| ||||||
| 18 | (215 ILCS 5/511.109) (from Ch. 73, par. 1065.58-109) | ||||||
| 19 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 20 | Sec. 511.109. Examination. (a) The Director or the | ||||||
| 21 | Director's designee may examine any applicant for or holder of | ||||||
| 22 | an administrator's license in accordance with Sections 132 | ||||||
| 23 | through 132.7. If the Director or the examiners find that the | ||||||
| 24 | administrator has violated this Article or any other | ||||||
| 25 | insurance-related laws, rules, or regulations under the | ||||||
| |||||||
| |||||||
| 1 | Director's jurisdiction because of the manner in which the | ||||||
| 2 | administrator has conducted business on behalf of an insurer | ||||||
| 3 | or plan sponsor, then, unless the insurer or plan sponsor is | ||||||
| 4 | included in the examination and has been afforded the same | ||||||
| 5 | opportunity to request or participate in a hearing on the | ||||||
| 6 | examination report, the examination report shall not allege a | ||||||
| 7 | violation by the insurer or plan sponsor and the Director's | ||||||
| 8 | order based on the report shall not impose any requirements, | ||||||
| 9 | prohibitions, or penalties on the insurer or plan sponsor. | ||||||
| 10 | Nothing in this Section shall prevent the Director from using | ||||||
| 11 | any information obtained during the examination of an | ||||||
| 12 | administrator to examine, investigate, or take other | ||||||
| 13 | appropriate regulatory or legal action with respect to an | ||||||
| 14 | insurer or plan sponsor. | ||||||
| 15 | (Source: P.A. 103-897, eff. 1-1-25; revised 11-22-24.)
| ||||||
| 16 | (215 ILCS 5/534.3) (from Ch. 73, par. 1065.84-3) | ||||||
| 17 | Sec. 534.3. Covered claim; unearned premium defined. | ||||||
| 18 | (a) "Covered claim" means an unpaid claim for a loss | ||||||
| 19 | arising out of and within the coverage of an insurance policy | ||||||
| 20 | to which this Article applies and which is in force at the time | ||||||
| 21 | of the occurrence giving rise to the unpaid claim, including | ||||||
| 22 | claims presented during any extended discovery period which | ||||||
| 23 | was purchased from the company before the entry of a | ||||||
| 24 | liquidation order or which is purchased or obtained from the | ||||||
| 25 | liquidator after the entry of a liquidation order, made by a | ||||||
| |||||||
| |||||||
| 1 | person insured under such policy or by a person suffering | ||||||
| 2 | injury or damage for which a person insured under such policy | ||||||
| 3 | is legally liable, and for unearned premium, if: | ||||||
| 4 | (i) The company issuing, assuming, or being allocated | ||||||
| 5 | the policy becomes an insolvent company as defined in | ||||||
| 6 | Section 534.4 after the effective date of this Article; | ||||||
| 7 | and | ||||||
| 8 | (ii) The claimant or insured is a resident of this | ||||||
| 9 | State at the time of the insured occurrence, or the | ||||||
| 10 | property from which a first-party first party claim for | ||||||
| 11 | damage to property arises is permanently located in this | ||||||
| 12 | State or, in the case of an unearned premium claim, the | ||||||
| 13 | policyholder is a resident of this State at the time the | ||||||
| 14 | policy was issued; provided, that for entities other than | ||||||
| 15 | an individual, the residence of a claimant, insured, or | ||||||
| 16 | policyholder is the state in which its principal place of | ||||||
| 17 | business is located at the time of the insured event. | ||||||
| 18 | (b) "Covered claim" does not include: | ||||||
| 19 | (i) any amount in excess of the applicable limits of | ||||||
| 20 | liability provided by an insurance policy to which this | ||||||
| 21 | Article applies; nor | ||||||
| 22 | (ii) any claim for punitive or exemplary damages or | ||||||
| 23 | fines and penalties paid to government authorities; nor | ||||||
| 24 | (iii) any first-party first party claim by an insured | ||||||
| 25 | who is an affiliate of the insolvent company; nor | ||||||
| 26 | (iv) any first-party first party or third-party third | ||||||
| |||||||
| |||||||
| 1 | party claim by or against an insured whose net worth on | ||||||
| 2 | December 31 of the year next preceding the date the | ||||||
| 3 | insurer becomes an insolvent insurer exceeds $25,000,000; | ||||||
| 4 | provided that an insured's net worth on such date shall be | ||||||
| 5 | deemed to include the aggregate net worth of the insured | ||||||
| 6 | and all of its affiliates as calculated on a consolidated | ||||||
| 7 | basis. However, this exclusion shall not apply to | ||||||
| 8 | third-party third party claims against the insured where | ||||||
| 9 | the insured has applied for or consented to the | ||||||
| 10 | appointment of a receiver, trustee, or liquidator for all | ||||||
| 11 | 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 | ||||||
| |||||||
| |||||||
| 1 | an 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. 101-60, eff. 7-12-19; 102-558, eff. 8-20-21; | ||||||
| 10 | revised 7-23-24.)
| ||||||
| 11 | Section 760. The Network Adequacy and Transparency Act is | ||||||
| 12 | amended by changing Section 3 as follows:
| ||||||
| 13 | (215 ILCS 124/3) | ||||||
| 14 | Sec. 3. Applicability of Act. This Act applies to an | ||||||
| 15 | individual or group policy of health insurance coverage with a | ||||||
| 16 | network plan amended, delivered, issued, or renewed in this | ||||||
| 17 | State on or after January 1, 2019. This Act does not apply to | ||||||
| 18 | an individual or group policy for excepted benefits or | ||||||
| 19 | short-term, limited-duration health insurance coverage with a | ||||||
| 20 | network plan, except to the extent that federal law | ||||||
| 21 | establishes network adequacy and transparency standards for | ||||||
| 22 | stand-alone dental plans, which the Department shall enforce | ||||||
| 23 | for plans amended, delivered, issued, or renewed on or after | ||||||
| 24 | January 1, 2025. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-650, eff. 1-1-25; 103-777, eff. 1-1-25; | ||||||
| 2 | revised 11-26-24.)
| ||||||
| 3 | Section 765. The Health Maintenance Organization Act is | ||||||
| 4 | amended by changing Section 5-3 as follows:
| ||||||
| 5 | (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) | ||||||
| 6 | (Text of Section before amendment by P.A. 103-808) | ||||||
| 7 | Sec. 5-3. Insurance Code provisions. | ||||||
| 8 | (a) Health Maintenance Organizations shall be subject to | ||||||
| 9 | the provisions of Sections 133, 134, 136, 137, 139, 140, | ||||||
| 10 | 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, | ||||||
| 11 | 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, | ||||||
| 12 | 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1, | ||||||
| 13 | 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a, | ||||||
| 14 | 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, | ||||||
| 15 | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, | ||||||
| 16 | 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25, | ||||||
| 17 | 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33, | ||||||
| 18 | 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40, | ||||||
| 19 | 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47, | ||||||
| 20 | 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55, | ||||||
| 21 | 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62, | ||||||
| 22 | 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69, | ||||||
| 23 | 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.77, | ||||||
| 24 | 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c, | ||||||
| |||||||
| |||||||
| 1 | 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408, | ||||||
| 2 | 408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection | ||||||
| 3 | (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, | ||||||
| 4 | XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois | ||||||
| 5 | Insurance Code. | ||||||
| 6 | (b) For purposes of the Illinois Insurance Code, except | ||||||
| 7 | for Sections 444 and 444.1 and Articles XIII and XIII 1/2, | ||||||
| 8 | Health Maintenance Organizations in the following categories | ||||||
| 9 | are deemed to be "domestic companies": | ||||||
| 10 | (1) a corporation authorized under the Dental Service | ||||||
| 11 | Plan Act or the Voluntary Health Services Plans Act; | ||||||
| 12 | (2) a corporation organized under the laws of this | ||||||
| 13 | State; or | ||||||
| 14 | (3) a corporation organized under the laws of another | ||||||
| 15 | state, 30% or more of the enrollees of which are residents | ||||||
| 16 | of this State, except a corporation subject to | ||||||
| 17 | substantially the same requirements in its state of | ||||||
| 18 | organization as is a "domestic company" under Article VIII | ||||||
| 19 | 1/2 of the Illinois Insurance Code. | ||||||
| 20 | (c) In considering the merger, consolidation, or other | ||||||
| 21 | acquisition of control of a Health Maintenance Organization | ||||||
| 22 | pursuant to Article VIII 1/2 of the Illinois Insurance Code, | ||||||
| 23 | (1) the Director shall give primary consideration to | ||||||
| 24 | the continuation of benefits to enrollees and the | ||||||
| 25 | financial conditions of the acquired Health Maintenance | ||||||
| 26 | Organization after the merger, consolidation, or other | ||||||
| |||||||
| |||||||
| 1 | acquisition of control takes effect; | ||||||
| 2 | (2)(i) the criteria specified in subsection (1)(b) of | ||||||
| 3 | Section 131.8 of the Illinois Insurance Code shall not | ||||||
| 4 | apply and (ii) the Director, in making his determination | ||||||
| 5 | with respect to the merger, consolidation, or other | ||||||
| 6 | acquisition of control, need not take into account the | ||||||
| 7 | effect on competition of the merger, consolidation, or | ||||||
| 8 | other acquisition of control; | ||||||
| 9 | (3) the Director shall have the power to require the | ||||||
| 10 | following information: | ||||||
| 11 | (A) certification by an independent actuary of the | ||||||
| 12 | adequacy of the reserves of the Health Maintenance | ||||||
| 13 | Organization sought to be acquired; | ||||||
| 14 | (B) pro forma financial statements reflecting the | ||||||
| 15 | combined balance sheets of the acquiring company and | ||||||
| 16 | the Health Maintenance Organization sought to be | ||||||
| 17 | acquired as of the end of the preceding year and as of | ||||||
| 18 | a date 90 days prior to the acquisition, as well as pro | ||||||
| 19 | forma financial statements reflecting projected | ||||||
| 20 | combined operation for a period of 2 years; | ||||||
| 21 | (C) a pro forma business plan detailing an | ||||||
| 22 | acquiring party's plans with respect to the operation | ||||||
| 23 | of the Health Maintenance Organization sought to be | ||||||
| 24 | acquired for a period of not less than 3 years; and | ||||||
| 25 | (D) such other information as the Director shall | ||||||
| 26 | require. | ||||||
| |||||||
| |||||||
| 1 | (d) The provisions of Article VIII 1/2 of the Illinois | ||||||
| 2 | Insurance Code and this Section 5-3 shall apply to the sale by | ||||||
| 3 | any health maintenance organization of greater than 10% of its | ||||||
| 4 | enrollee population (including, without limitation, the health | ||||||
| 5 | maintenance organization's right, title, and interest in and | ||||||
| 6 | to its health care certificates). | ||||||
| 7 | (e) In considering any management contract or service | ||||||
| 8 | agreement subject to Section 141.1 of the Illinois Insurance | ||||||
| 9 | Code, the Director (i) shall, in addition to the criteria | ||||||
| 10 | specified in Section 141.2 of the Illinois Insurance Code, | ||||||
| 11 | take into account the effect of the management contract or | ||||||
| 12 | service agreement on the continuation of benefits to enrollees | ||||||
| 13 | and the financial condition of the health maintenance | ||||||
| 14 | organization to be managed or serviced, and (ii) need not take | ||||||
| 15 | into account the effect of the management contract or service | ||||||
| 16 | agreement on competition. | ||||||
| 17 | (f) Except for small employer groups as defined in the | ||||||
| 18 | Small Employer Rating, Renewability and Portability Health | ||||||
| 19 | Insurance Act and except for medicare supplement policies as | ||||||
| 20 | defined in Section 363 of the Illinois Insurance Code, a | ||||||
| 21 | Health Maintenance Organization may by contract agree with a | ||||||
| 22 | group or other enrollment unit to effect refunds or charge | ||||||
| 23 | additional premiums under the following terms and conditions: | ||||||
| 24 | (i) the amount of, and other terms and conditions with | ||||||
| 25 | respect to, the refund or additional premium are set forth | ||||||
| 26 | in the group or enrollment unit contract agreed in advance | ||||||
| |||||||
| |||||||
| 1 | of the period for which a refund is to be paid or | ||||||
| 2 | additional premium is to be charged (which period shall | ||||||
| 3 | not be less than one year); and | ||||||
| 4 | (ii) the amount of the refund or additional premium | ||||||
| 5 | shall not exceed 20% of the Health Maintenance | ||||||
| 6 | Organization's profitable or unprofitable experience with | ||||||
| 7 | respect to the group or other enrollment unit for the | ||||||
| 8 | period (and, for purposes of a refund or additional | ||||||
| 9 | premium, the profitable or unprofitable experience shall | ||||||
| 10 | be calculated taking into account a pro rata share of the | ||||||
| 11 | Health Maintenance Organization's administrative and | ||||||
| 12 | marketing expenses, but shall not include any refund to be | ||||||
| 13 | made or additional premium to be paid pursuant to this | ||||||
| 14 | subsection (f)). The Health Maintenance Organization and | ||||||
| 15 | the group or enrollment unit may agree that the profitable | ||||||
| 16 | or unprofitable experience may be calculated taking into | ||||||
| 17 | account the refund period and the immediately preceding 2 | ||||||
| 18 | plan years. | ||||||
| 19 | The Health Maintenance Organization shall include a | ||||||
| 20 | statement in the evidence of coverage issued to each enrollee | ||||||
| 21 | describing the possibility of a refund or additional premium, | ||||||
| 22 | and upon request of any group or enrollment unit, provide to | ||||||
| 23 | the group or enrollment unit a description of the method used | ||||||
| 24 | to calculate (1) the Health Maintenance Organization's | ||||||
| 25 | profitable experience with respect to the group or enrollment | ||||||
| 26 | unit and the resulting refund to the group or enrollment unit | ||||||
| |||||||
| |||||||
| 1 | or (2) the Health Maintenance Organization's unprofitable | ||||||
| 2 | experience with respect to the group or enrollment unit and | ||||||
| 3 | the resulting additional premium to be paid by the group or | ||||||
| 4 | enrollment unit. | ||||||
| 5 | In no event shall the Illinois Health Maintenance | ||||||
| 6 | Organization Guaranty Association be liable to pay any | ||||||
| 7 | contractual obligation of an insolvent organization to pay any | ||||||
| 8 | refund authorized under this Section. | ||||||
| 9 | (g) Rulemaking authority to implement Public Act 95-1045, | ||||||
| 10 | if any, is conditioned on the rules being adopted in | ||||||
| 11 | accordance with all provisions of the Illinois Administrative | ||||||
| 12 | Procedure Act and all rules and procedures of the Joint | ||||||
| 13 | Committee on Administrative Rules; any purported rule not so | ||||||
| 14 | adopted, for whatever reason, is unauthorized. | ||||||
| 15 | (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; | ||||||
| 16 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
| 17 | 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, | ||||||
| 18 | eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; | ||||||
| 19 | 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. | ||||||
| 20 | 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, | ||||||
| 21 | eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; | ||||||
| 22 | 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. | ||||||
| 23 | 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||||||
| 24 | eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; | ||||||
| 25 | 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff. | ||||||
| 26 | 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, | ||||||
| |||||||
| |||||||
| 1 | eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25; | ||||||
| 2 | 103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff. | ||||||
| 3 | 1-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.)
| ||||||
| 4 | (Text of Section after amendment by P.A. 103-808) | ||||||
| 5 | Sec. 5-3. Insurance Code provisions. | ||||||
| 6 | (a) Health Maintenance Organizations shall be subject to | ||||||
| 7 | the provisions of Sections 133, 134, 136, 137, 139, 140, | ||||||
| 8 | 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, | ||||||
| 9 | 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, | ||||||
| 10 | 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g, | ||||||
| 11 | 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, | ||||||
| 12 | 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, | ||||||
| 13 | 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, | ||||||
| 14 | 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, | ||||||
| 15 | 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, | ||||||
| 16 | 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, | ||||||
| 17 | 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, | ||||||
| 18 | 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, | ||||||
| 19 | 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, | ||||||
| 20 | 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, | ||||||
| 21 | 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, | ||||||
| 22 | 356z.77, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, | ||||||
| 23 | 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, | ||||||
| 24 | 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of | ||||||
| 25 | subsection (2) of Section 367, and Articles IIA, VIII 1/2, | ||||||
| |||||||
| |||||||
| 1 | XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the | ||||||
| 2 | Illinois Insurance Code. | ||||||
| 3 | (b) For purposes of the Illinois Insurance Code, except | ||||||
| 4 | for Sections 444 and 444.1 and Articles XIII and XIII 1/2, | ||||||
| 5 | Health Maintenance Organizations in the following categories | ||||||
| 6 | are deemed to be "domestic companies": | ||||||
| 7 | (1) a corporation authorized under the Dental Service | ||||||
| 8 | Plan Act or the Voluntary Health Services Plans Act; | ||||||
| 9 | (2) a corporation organized under the laws of this | ||||||
| 10 | State; or | ||||||
| 11 | (3) a corporation organized under the laws of another | ||||||
| 12 | state, 30% or more of the enrollees of which are residents | ||||||
| 13 | of this State, except a corporation subject to | ||||||
| 14 | substantially the same requirements in its state of | ||||||
| 15 | organization as is a "domestic company" under Article VIII | ||||||
| 16 | 1/2 of the Illinois Insurance Code. | ||||||
| 17 | (c) In considering the merger, consolidation, or other | ||||||
| 18 | acquisition of control of a Health Maintenance Organization | ||||||
| 19 | pursuant to Article VIII 1/2 of the Illinois Insurance Code, | ||||||
| 20 | (1) the Director shall give primary consideration to | ||||||
| 21 | the continuation of benefits to enrollees and the | ||||||
| 22 | financial conditions of the acquired Health Maintenance | ||||||
| 23 | Organization after the merger, consolidation, or other | ||||||
| 24 | acquisition of control takes effect; | ||||||
| 25 | (2)(i) the criteria specified in subsection (1)(b) of | ||||||
| 26 | Section 131.8 of the Illinois Insurance Code shall not | ||||||
| |||||||
| |||||||
| 1 | apply and (ii) the Director, in making his determination | ||||||
| 2 | with respect to the merger, consolidation, or other | ||||||
| 3 | acquisition of control, need not take into account the | ||||||
| 4 | effect on competition of the merger, consolidation, or | ||||||
| 5 | other acquisition of control; | ||||||
| 6 | (3) the Director shall have the power to require the | ||||||
| 7 | following information: | ||||||
| 8 | (A) certification by an independent actuary of the | ||||||
| 9 | adequacy of the reserves of the Health Maintenance | ||||||
| 10 | Organization sought to be acquired; | ||||||
| 11 | (B) pro forma financial statements reflecting the | ||||||
| 12 | combined balance sheets of the acquiring company and | ||||||
| 13 | the Health Maintenance Organization sought to be | ||||||
| 14 | acquired as of the end of the preceding year and as of | ||||||
| 15 | a date 90 days prior to the acquisition, as well as pro | ||||||
| 16 | forma financial statements reflecting projected | ||||||
| 17 | combined operation for a period of 2 years; | ||||||
| 18 | (C) a pro forma business plan detailing an | ||||||
| 19 | acquiring party's plans with respect to the operation | ||||||
| 20 | of the Health Maintenance Organization sought to be | ||||||
| 21 | acquired for a period of not less than 3 years; and | ||||||
| 22 | (D) such other information as the Director shall | ||||||
| 23 | require. | ||||||
| 24 | (d) The provisions of Article VIII 1/2 of the Illinois | ||||||
| 25 | Insurance Code and this Section 5-3 shall apply to the sale by | ||||||
| 26 | any health maintenance organization of greater than 10% of its | ||||||
| |||||||
| |||||||
| 1 | enrollee population (including, without limitation, the health | ||||||
| 2 | maintenance organization's right, title, and interest in and | ||||||
| 3 | to its health care certificates). | ||||||
| 4 | (e) In considering any management contract or service | ||||||
| 5 | agreement subject to Section 141.1 of the Illinois Insurance | ||||||
| 6 | Code, the Director (i) shall, in addition to the criteria | ||||||
| 7 | specified in Section 141.2 of the Illinois Insurance Code, | ||||||
| 8 | take into account the effect of the management contract or | ||||||
| 9 | service agreement on the continuation of benefits to enrollees | ||||||
| 10 | and the financial condition of the health maintenance | ||||||
| 11 | organization to be managed or serviced, and (ii) need not take | ||||||
| 12 | into account the effect of the management contract or service | ||||||
| 13 | agreement on competition. | ||||||
| 14 | (f) Except for small employer groups as defined in the | ||||||
| 15 | Small Employer Rating, Renewability and Portability Health | ||||||
| 16 | Insurance Act and except for medicare supplement policies as | ||||||
| 17 | defined in Section 363 of the Illinois Insurance Code, a | ||||||
| 18 | Health Maintenance Organization may by contract agree with a | ||||||
| 19 | group or other enrollment unit to effect refunds or charge | ||||||
| 20 | additional premiums under the following terms and conditions: | ||||||
| 21 | (i) the amount of, and other terms and conditions with | ||||||
| 22 | respect to, the refund or additional premium are set forth | ||||||
| 23 | in the group or enrollment unit contract agreed in advance | ||||||
| 24 | of the period for which a refund is to be paid or | ||||||
| 25 | additional premium is to be charged (which period shall | ||||||
| 26 | not be less than one year); and | ||||||
| |||||||
| |||||||
| 1 | (ii) the amount of the refund or additional premium | ||||||
| 2 | shall not exceed 20% of the Health Maintenance | ||||||
| 3 | Organization's profitable or unprofitable experience with | ||||||
| 4 | respect to the group or other enrollment unit for the | ||||||
| 5 | period (and, for purposes of a refund or additional | ||||||
| 6 | premium, the profitable or unprofitable experience shall | ||||||
| 7 | be calculated taking into account a pro rata share of the | ||||||
| 8 | Health Maintenance Organization's administrative and | ||||||
| 9 | marketing expenses, but shall not include any refund to be | ||||||
| 10 | made or additional premium to be paid pursuant to this | ||||||
| 11 | subsection (f)). The Health Maintenance Organization and | ||||||
| 12 | the group or enrollment unit may agree that the profitable | ||||||
| 13 | or unprofitable experience may be calculated taking into | ||||||
| 14 | account the refund period and the immediately preceding 2 | ||||||
| 15 | plan years. | ||||||
| 16 | The Health Maintenance Organization shall include a | ||||||
| 17 | statement in the evidence of coverage issued to each enrollee | ||||||
| 18 | describing the possibility of a refund or additional premium, | ||||||
| 19 | and upon request of any group or enrollment unit, provide to | ||||||
| 20 | the group or enrollment unit a description of the method used | ||||||
| 21 | to calculate (1) the Health Maintenance Organization's | ||||||
| 22 | profitable experience with respect to the group or enrollment | ||||||
| 23 | unit and the resulting refund to the group or enrollment unit | ||||||
| 24 | or (2) the Health Maintenance Organization's unprofitable | ||||||
| 25 | experience with respect to the group or enrollment unit and | ||||||
| 26 | the resulting additional premium to be paid by the group or | ||||||
| |||||||
| |||||||
| 1 | enrollment unit. | ||||||
| 2 | In no event shall the Illinois Health Maintenance | ||||||
| 3 | Organization Guaranty Association be liable to pay any | ||||||
| 4 | contractual obligation of an insolvent organization to pay any | ||||||
| 5 | refund authorized under this Section. | ||||||
| 6 | (g) Rulemaking authority to implement Public Act 95-1045, | ||||||
| 7 | if any, is conditioned on the rules being adopted in | ||||||
| 8 | accordance with all provisions of the Illinois Administrative | ||||||
| 9 | Procedure Act and all rules and procedures of the Joint | ||||||
| 10 | Committee on Administrative Rules; any purported rule not so | ||||||
| 11 | adopted, for whatever reason, is unauthorized. | ||||||
| 12 | (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; | ||||||
| 13 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
| 14 | 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, | ||||||
| 15 | eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; | ||||||
| 16 | 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. | ||||||
| 17 | 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, | ||||||
| 18 | eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; | ||||||
| 19 | 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. | ||||||
| 20 | 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||||||
| 21 | eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; | ||||||
| 22 | 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff. | ||||||
| 23 | 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, | ||||||
| 24 | eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25; | ||||||
| 25 | 103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff. | ||||||
| 26 | 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised | ||||||
| |||||||
| |||||||
| 1 | 11-26-24.)
| ||||||
| 2 | Section 770. The Limited Health Service Organization Act | ||||||
| 3 | is amended by changing Section 4003 as follows:
| ||||||
| 4 | (215 ILCS 130/4003) (from Ch. 73, par. 1504-3) | ||||||
| 5 | Sec. 4003. Illinois Insurance Code provisions. Limited | ||||||
| 6 | health service organizations shall be subject to the | ||||||
| 7 | provisions of Sections 133, 134, 136, 137, 139, 140, 141.1, | ||||||
| 8 | 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153, | ||||||
| 9 | 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c, | ||||||
| 10 | 355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a, | ||||||
| 11 | 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32, | ||||||
| 12 | 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, | ||||||
| 13 | 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71, | ||||||
| 14 | 356z.73, 356z.74, 356z.75, 364.3, 368a, 401, 401.1, 402, 403, | ||||||
| 15 | 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, | ||||||
| 16 | VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the | ||||||
| 17 | Illinois Insurance Code. Nothing in this Section shall require | ||||||
| 18 | a limited health care plan to cover any service that is not a | ||||||
| 19 | limited health service. For purposes of the Illinois Insurance | ||||||
| 20 | Code, except for Sections 444 and 444.1 and Articles XIII and | ||||||
| 21 | XIII 1/2, limited health service organizations in the | ||||||
| 22 | following categories are deemed to be domestic companies: | ||||||
| 23 | (1) a corporation under the laws of this State; or | ||||||
| 24 | (2) a corporation organized under the laws of another | ||||||
| |||||||
| |||||||
| 1 | state, 30% or more of the enrollees of which are residents | ||||||
| 2 | of this State, except a corporation subject to | ||||||
| 3 | substantially the same requirements in its state of | ||||||
| 4 | organization as is a domestic company under Article VIII | ||||||
| 5 | 1/2 of the Illinois Insurance Code. | ||||||
| 6 | (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; | ||||||
| 7 | 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff. | ||||||
| 8 | 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816, | ||||||
| 9 | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||||||
| 10 | 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | ||||||
| 11 | 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||||||
| 12 | eff. 1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25; | ||||||
| 13 | 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. | ||||||
| 14 | 7-19-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, | ||||||
| 15 | eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 16 | Section 775. The Managed Care Reform and Patient Rights | ||||||
| 17 | Act is amended by changing Section 10 as follows:
| ||||||
| 18 | (215 ILCS 134/10) | ||||||
| 19 | Sec. 10. Definitions. In this Act: | ||||||
| 20 | For a health care plan under Section 45 or for a | ||||||
| 21 | utilization review program under Section 85, "adverse | ||||||
| 22 | determination" has the meaning given to that term in Section | ||||||
| 23 | 10 of the Health Carrier External Review Act. | ||||||
| 24 | "Clinical peer" means a health care professional who is in | ||||||
| |||||||
| |||||||
| 1 | the same profession and the same or similar specialty as the | ||||||
| 2 | health care provider who typically manages the medical | ||||||
| 3 | condition, procedures, or treatment under review. | ||||||
| 4 | "Department" means the Department of Insurance. | ||||||
| 5 | "Emergency medical condition" means a medical condition | ||||||
| 6 | manifesting itself by acute symptoms of sufficient severity, | ||||||
| 7 | regardless of the final diagnosis given, such that a prudent | ||||||
| 8 | layperson, who possesses an average knowledge of health and | ||||||
| 9 | medicine, could reasonably expect the absence of immediate | ||||||
| 10 | medical attention to result in: | ||||||
| 11 | (1) placing the health of the individual (or, with | ||||||
| 12 | respect to a pregnant woman, the health of the woman or her | ||||||
| 13 | unborn child) in serious jeopardy; | ||||||
| 14 | (2) serious impairment to bodily functions; | ||||||
| 15 | (3) serious dysfunction of any bodily organ or part; | ||||||
| 16 | (4) inadequately controlled pain; or | ||||||
| 17 | (5) with respect to a pregnant woman who is having | ||||||
| 18 | contractions: | ||||||
| 19 | (A) inadequate time to complete a safe transfer to | ||||||
| 20 | another hospital before delivery; or | ||||||
| 21 | (B) a transfer to another hospital may pose a | ||||||
| 22 | threat to the health or safety of the woman or unborn | ||||||
| 23 | child. | ||||||
| 24 | "Emergency medical screening examination" means a medical | ||||||
| 25 | screening examination and evaluation by a physician licensed | ||||||
| 26 | to practice medicine in all its branches, or to the extent | ||||||
| |||||||
| |||||||
| 1 | permitted by applicable laws, by other appropriately licensed | ||||||
| 2 | personnel under the supervision of or in collaboration with a | ||||||
| 3 | physician licensed to practice medicine in all its branches to | ||||||
| 4 | determine whether the need for emergency services exists. | ||||||
| 5 | "Emergency services" means, with respect to an enrollee of | ||||||
| 6 | a health care plan, transportation services, including but not | ||||||
| 7 | limited to ambulance services, and covered inpatient and | ||||||
| 8 | outpatient hospital services furnished by a provider qualified | ||||||
| 9 | to furnish those services that are needed to evaluate or | ||||||
| 10 | stabilize an emergency medical condition. "Emergency services" | ||||||
| 11 | does not refer to post-stabilization medical services. | ||||||
| 12 | "Enrollee" means any person and his or her dependents | ||||||
| 13 | enrolled in or covered by a health care plan. | ||||||
| 14 | "Generally accepted standards of care" means standards of | ||||||
| 15 | care and clinical practice that are generally recognized by | ||||||
| 16 | health care providers practicing in relevant clinical | ||||||
| 17 | specialties for the illness, injury, or condition or its | ||||||
| 18 | symptoms and comorbidities. Valid, evidence-based sources | ||||||
| 19 | reflecting generally accepted standards of care include | ||||||
| 20 | peer-reviewed scientific studies and medical literature, | ||||||
| 21 | recommendations of nonprofit health care provider professional | ||||||
| 22 | associations and specialty societies, including, but not | ||||||
| 23 | limited to, patient placement criteria and clinical practice | ||||||
| 24 | guidelines, recommendations of federal government agencies, | ||||||
| 25 | and drug labeling approved by the United States Food and Drug | ||||||
| 26 | Administration. | ||||||
| |||||||
| |||||||
| 1 | "Health care plan" means a plan, including, but not | ||||||
| 2 | limited to, a health maintenance organization, a managed care | ||||||
| 3 | community network as defined in the Illinois Public Aid Code, | ||||||
| 4 | or an accountable care entity as defined in the Illinois | ||||||
| 5 | Public Aid Code that receives capitated payments to cover | ||||||
| 6 | medical services from the Department of Healthcare and Family | ||||||
| 7 | Services, that establishes, operates, or maintains a network | ||||||
| 8 | of health care providers that has entered into an agreement | ||||||
| 9 | with the plan to provide health care services to enrollees to | ||||||
| 10 | whom the plan has the ultimate obligation to arrange for the | ||||||
| 11 | provision of or payment for services through organizational | ||||||
| 12 | arrangements for ongoing quality assurance, utilization review | ||||||
| 13 | programs, or dispute resolution. Nothing in this definition | ||||||
| 14 | shall be construed to mean that an independent practice | ||||||
| 15 | association or a physician hospital organization that | ||||||
| 16 | subcontracts with a health care plan is, for purposes of that | ||||||
| 17 | subcontract, a health care plan. | ||||||
| 18 | For purposes of this definition, "health care plan" shall | ||||||
| 19 | not include the following: | ||||||
| 20 | (1) indemnity health insurance policies including | ||||||
| 21 | those using a contracted provider network; | ||||||
| 22 | (2) health care plans that offer only dental or only | ||||||
| 23 | vision coverage; | ||||||
| 24 | (3) preferred provider administrators, as defined in | ||||||
| 25 | Section 370g(g) of the Illinois Insurance Code; | ||||||
| 26 | (4) employee or employer self-insured health benefit | ||||||
| |||||||
| |||||||
| 1 | plans under the federal Employee Retirement Income | ||||||
| 2 | Security Act of 1974; | ||||||
| 3 | (5) health care provided pursuant to the Workers' | ||||||
| 4 | Compensation Act or the Workers' Occupational Diseases | ||||||
| 5 | Act; and | ||||||
| 6 | (6) except with respect to subsections (a) and (b) of | ||||||
| 7 | Section 65 and subsection (a-5) of Section 70, | ||||||
| 8 | not-for-profit voluntary health services plans with health | ||||||
| 9 | maintenance organization authority in existence as of | ||||||
| 10 | January 1, 1999 that are affiliated with a union and that | ||||||
| 11 | only extend coverage to union members and their | ||||||
| 12 | dependents. | ||||||
| 13 | "Health care professional" means a physician, a registered | ||||||
| 14 | professional nurse, or other individual appropriately licensed | ||||||
| 15 | or registered to provide health care services. | ||||||
| 16 | "Health care provider" means any physician, hospital | ||||||
| 17 | facility, facility licensed under the Nursing Home Care Act, | ||||||
| 18 | long-term care facility as defined in Section 1-113 of the | ||||||
| 19 | Nursing Home Care Act, or other person that is licensed or | ||||||
| 20 | otherwise authorized to deliver health care services. Nothing | ||||||
| 21 | in this Act shall be construed to define Independent Practice | ||||||
| 22 | Associations or Physician-Hospital Organizations as health | ||||||
| 23 | care providers. | ||||||
| 24 | "Health care services" means any services included in the | ||||||
| 25 | furnishing to any individual of medical care, or the | ||||||
| 26 | hospitalization incident to the furnishing of such care, as | ||||||
| |||||||
| |||||||
| 1 | well as the furnishing to any person of any and all other | ||||||
| 2 | services for the purpose of preventing, alleviating, curing, | ||||||
| 3 | or healing human illness or injury including behavioral | ||||||
| 4 | health, mental health, home health, and pharmaceutical | ||||||
| 5 | services and products. | ||||||
| 6 | "Medical director" means a physician licensed in any state | ||||||
| 7 | to practice medicine in all its branches appointed by a health | ||||||
| 8 | care plan. | ||||||
| 9 | "Medically necessary" means that a service or product | ||||||
| 10 | addresses the specific needs of a patient for the purpose of | ||||||
| 11 | screening, preventing, diagnosing, managing, or treating an | ||||||
| 12 | illness, injury, or condition or its symptoms and | ||||||
| 13 | comorbidities, including minimizing the progression of an | ||||||
| 14 | illness, injury, or condition or its symptoms and | ||||||
| 15 | comorbidities, in a manner that is all of the following: | ||||||
| 16 | (1) in accordance with generally accepted standards of | ||||||
| 17 | care; | ||||||
| 18 | (2) clinically appropriate in terms of type, | ||||||
| 19 | frequency, extent, site, and duration; and | ||||||
| 20 | (3) not primarily for the economic benefit of the | ||||||
| 21 | health care plan, purchaser, or utilization review | ||||||
| 22 | organization, or for the convenience of the patient, | ||||||
| 23 | treating physician, or other health care provider. | ||||||
| 24 | "Person" means a corporation, association, partnership, | ||||||
| 25 | limited liability company, sole proprietorship, or any other | ||||||
| 26 | legal entity. | ||||||
| |||||||
| |||||||
| 1 | "Physician" means a person licensed under the Medical | ||||||
| 2 | Practice Act of 1987. | ||||||
| 3 | "Post-stabilization medical services" means health care | ||||||
| 4 | services provided to an enrollee that are furnished in a | ||||||
| 5 | licensed hospital by a provider that is qualified to furnish | ||||||
| 6 | such services, and determined to be medically necessary and | ||||||
| 7 | directly related to the emergency medical condition following | ||||||
| 8 | stabilization. | ||||||
| 9 | "Stabilization" means, with respect to an emergency | ||||||
| 10 | medical condition, to provide such medical treatment of the | ||||||
| 11 | condition as may be necessary to assure, within reasonable | ||||||
| 12 | medical probability, that no material deterioration of the | ||||||
| 13 | condition is likely to result. | ||||||
| 14 | "Step therapy requirement" means a utilization review or | ||||||
| 15 | formulary requirement that specifies, as a condition of | ||||||
| 16 | coverage under a health care plan, the order in which certain | ||||||
| 17 | health care services must be used to treat or manage an | ||||||
| 18 | enrollee's health condition. | ||||||
| 19 | "Step therapy requirement" does not include: | ||||||
| 20 | (1) utilization review to identify when a treatment or | ||||||
| 21 | health care service is contraindicated or clinically | ||||||
| 22 | appropriate or to limit quantity or dosage for an enrollee | ||||||
| 23 | based on utilization review criteria consistent with | ||||||
| 24 | generally accepted standards of care developed in | ||||||
| 25 | accordance with Section 87 of this Act; | ||||||
| 26 | (2) the removal of a drug from a formulary or changing | ||||||
| |||||||
| |||||||
| 1 | the drug's preferred or cost-sharing tier to higher cost | ||||||
| 2 | sharing; | ||||||
| 3 | (3) use of the medical exceptions process under | ||||||
| 4 | Section 45.1 of this Act; any decision during a medical | ||||||
| 5 | exceptions process based on cost is step therapy and | ||||||
| 6 | prohibited; | ||||||
| 7 | (4) a requirement to obtain prior authorization for | ||||||
| 8 | the requested treatment; or | ||||||
| 9 | (5) for health care plans operated or overseen by the | ||||||
| 10 | Department of Healthcare and Family Services, including | ||||||
| 11 | Medicaid managed care plans, any utilization controls | ||||||
| 12 | mandated by 42 CFR 456.703 or a preferred drug list as | ||||||
| 13 | described in Section 5-30.14 of the Illinois Public Aid | ||||||
| 14 | Code. | ||||||
| 15 | "Utilization review" means the evaluation, including any | ||||||
| 16 | evaluation based on an algorithmic automated process, of the | ||||||
| 17 | medical necessity, appropriateness, and efficiency of the use | ||||||
| 18 | of health care services, procedures, and facilities. | ||||||
| 19 | "Utilization review" includes either of the following: | ||||||
| 20 | (1) prospectively, retrospectively, or concurrently | ||||||
| 21 | reviewing and approving, modifying, delaying, or denying, | ||||||
| 22 | based, in whole or in part, on medical necessity, requests | ||||||
| 23 | by health care providers, enrollees, or their authorized | ||||||
| 24 | representatives for coverage of health care services | ||||||
| 25 | before, retrospectively, or concurrently with the | ||||||
| 26 | provision of health care services to enrollees; or | ||||||
| |||||||
| |||||||
| 1 | (2) evaluating the medical necessity, appropriateness, | ||||||
| 2 | level of care, service intensity, efficacy, or efficiency | ||||||
| 3 | of health care services, benefits, procedures, or | ||||||
| 4 | settings, under any circumstances, to determine whether a | ||||||
| 5 | health care service or benefit subject to a medical | ||||||
| 6 | necessity coverage requirement in a health care plan is | ||||||
| 7 | covered as medically necessary for an enrollee. | ||||||
| 8 | "Utilization review criteria" means criteria, standards, | ||||||
| 9 | protocols, or guidelines used by a utilization review program | ||||||
| 10 | to conduct utilization review to ensure that a patient's care | ||||||
| 11 | is aligned with generally accepted standards of care and | ||||||
| 12 | consistent with State law. | ||||||
| 13 | "Utilization review program" means a program established | ||||||
| 14 | by a person to perform utilization review. | ||||||
| 15 | (Source: P.A. 102-409, eff. 1-1-22; 103-426, eff. 8-4-23; | ||||||
| 16 | 103-650, eff. 1-1-25; 103-656, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 17 | Section 780. The Viatical Settlements Act of 2009 is | ||||||
| 18 | amended by changing Section 5 as follows:
| ||||||
| 19 | (215 ILCS 159/5) | ||||||
| 20 | Sec. 5. Definitions. As used in this Act: | ||||||
| 21 | "Accredited investor" means an accredited investor as | ||||||
| 22 | defined in Rule 501(a) promulgated under the Securities Act of | ||||||
| 23 | 1933 (15 U.S.C. 77 et seq.), as amended. | ||||||
| 24 | "Advertising" means any written, electronic, or printed | ||||||
| |||||||
| |||||||
| 1 | communication or any communication by means of recorded | ||||||
| 2 | telephone messages or transmitted on radio, television, the | ||||||
| 3 | Internet, or similar communications media, including film | ||||||
| 4 | strips, digital picture slides, motion pictures, and videos | ||||||
| 5 | published, disseminated, circulated, or placed before the | ||||||
| 6 | public in this State, for the purpose of creating an interest | ||||||
| 7 | in or inducing a person to sell, assign, devise, bequest, or | ||||||
| 8 | transfer the death benefit or ownership of a policy pursuant | ||||||
| 9 | to a viatical settlement contract. | ||||||
| 10 | "Alien licensee" means a licensee incorporated or | ||||||
| 11 | organized under the laws of any country other than the United | ||||||
| 12 | States. | ||||||
| 13 | "Business of viatical settlements" means any activity | ||||||
| 14 | involved in, but not limited to, the offering, soliciting, | ||||||
| 15 | negotiating, procuring, effectuating, purchasing, investing, | ||||||
| 16 | financing, monitoring, tracking, underwriting, selling, | ||||||
| 17 | transferring, assigning, pledging, or hypothecating or in any | ||||||
| 18 | other manner acquiring an interest in a life insurance policy | ||||||
| 19 | by means of a viatical settlement contract or other agreement. | ||||||
| 20 | "Chronically ill" means having been certified within the | ||||||
| 21 | preceding 12-month period by a licensed health professional | ||||||
| 22 | as: | ||||||
| 23 | (1) being unable to perform, without substantial | ||||||
| 24 | assistance from another individual and for at least 90 | ||||||
| 25 | days due to a loss of functional capacity, at least 2 | ||||||
| 26 | activities of daily living, including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | eating, toileting, transferring, bathing, dressing, or | ||||||
| 2 | continence; | ||||||
| 3 | (2) requiring substantial supervision to protect the | ||||||
| 4 | individual from threats to health and safety due to severe | ||||||
| 5 | cognitive impairment; or | ||||||
| 6 | (3) having a level of disability similar to that | ||||||
| 7 | described in paragraph (1) as determined by the Secretary | ||||||
| 8 | of Health and Human Services. | ||||||
| 9 | "Controlling person" means any person, firm, association, | ||||||
| 10 | or corporation that directly or indirectly has the power to | ||||||
| 11 | direct or cause to be directed the management, control, or | ||||||
| 12 | activities of the viatical settlement provider. | ||||||
| 13 | "Director" means the Director of the Division of Insurance | ||||||
| 14 | of the Department of Financial and Professional Regulation. | ||||||
| 15 | "Division" means the Division of Insurance of the | ||||||
| 16 | Department of Financial and Professional Regulation. | ||||||
| 17 | "Escrow agent" means an independent third-party person | ||||||
| 18 | who, pursuant to a written agreement signed by the viatical | ||||||
| 19 | settlement provider and viator, provides escrow services | ||||||
| 20 | related to the acquisition of a life insurance policy pursuant | ||||||
| 21 | to a viatical settlement contract. "Escrow agent" does not | ||||||
| 22 | include any person associated or affiliated with or under the | ||||||
| 23 | control of a licensee. | ||||||
| 24 | "Financial institution" means a financial institution as | ||||||
| 25 | defined by the Financial Institutions Insurance Sales Law in | ||||||
| 26 | Article XLIV of the Illinois Insurance Code. | ||||||
| |||||||
| |||||||
| 1 | "Financing entity" means an underwriter, placement agent, | ||||||
| 2 | lender, purchaser of securities, purchaser of a policy or | ||||||
| 3 | certificate from a viatical settlement provider, credit | ||||||
| 4 | enhancer, or an entity that has a direct ownership in a policy | ||||||
| 5 | that is the subject of a viatical settlement contract, and to | ||||||
| 6 | which both of the following apply: | ||||||
| 7 | (1) its principal activity related to the transaction | ||||||
| 8 | is providing funds to effect the viatical settlement or | ||||||
| 9 | purchase of one or more viaticated policies; and | ||||||
| 10 | (2) it has an agreement in writing with one or more | ||||||
| 11 | licensed viatical settlement providers to finance the | ||||||
| 12 | acquisition of viatical settlement contracts. | ||||||
| 13 | "Financing entity" does not include an investor that is not an | ||||||
| 14 | accredited investor. | ||||||
| 15 | "Financing transaction" means a transaction in which a | ||||||
| 16 | viatical settlement provider obtains financing from a | ||||||
| 17 | financing entity, including, without limitation, any secured | ||||||
| 18 | or unsecured financing, securitization transaction, or | ||||||
| 19 | securities offering that either is registered or exempt from | ||||||
| 20 | registration under federal and State securities law. | ||||||
| 21 | "Foreign licensee" means any viatical settlement provider | ||||||
| 22 | incorporated or organized under the laws of any state of the | ||||||
| 23 | United States other than this State. | ||||||
| 24 | "Insurance producer" means an insurance producer as | ||||||
| 25 | defined by Section 500-10 10 of Article XXXI of the Illinois | ||||||
| 26 | Insurance Code. | ||||||
| |||||||
| |||||||
| 1 | "Licensee" means a viatical settlement provider or | ||||||
| 2 | viatical settlement broker. | ||||||
| 3 | "Life expectancy provider" means a person who determines | ||||||
| 4 | or holds himself or herself out as determining life | ||||||
| 5 | expectancies or mortality ratings used to determine life | ||||||
| 6 | expectancies on behalf of or in connection with any of the | ||||||
| 7 | following: | ||||||
| 8 | (1) A viatical settlement provider, viatical | ||||||
| 9 | settlement broker, or person engaged in the business of | ||||||
| 10 | viatical settlements. | ||||||
| 11 | (2) A viatical investment as defined by Section 2.33 | ||||||
| 12 | of the Illinois Securities Law of 1953 or a viatical | ||||||
| 13 | settlement contract. | ||||||
| 14 | "NAIC" means the National Association of Insurance | ||||||
| 15 | Commissioners. | ||||||
| 16 | "Person" means an individual or a legal entity, including, | ||||||
| 17 | without limitation, a partnership, limited liability company, | ||||||
| 18 | limited liability partnership, association, trust, business | ||||||
| 19 | trust, or corporation. | ||||||
| 20 | "Policy" means an individual or group policy, group | ||||||
| 21 | certificate, contract, or arrangement of insurance of the | ||||||
| 22 | class defined by subsection (a) of Section 4 of the Illinois | ||||||
| 23 | Insurance Code owned by a resident of this State, regardless | ||||||
| 24 | of whether delivered or issued for delivery in this State. | ||||||
| 25 | "Qualified institutional buyer" means a qualified | ||||||
| 26 | institutional buyer as defined in Rule 144 promulgated under | ||||||
| |||||||
| |||||||
| 1 | the Securities Act of 1933, as amended. | ||||||
| 2 | "Related provider trust" means a titling trust or other | ||||||
| 3 | trust established by a licensed viatical settlement provider | ||||||
| 4 | or a financing entity for the sole purpose of holding the | ||||||
| 5 | ownership or beneficial interest in purchased policies in | ||||||
| 6 | connection with a financing transaction. The trust shall have | ||||||
| 7 | a written agreement with the licensed viatical settlement | ||||||
| 8 | provider under which the licensed viatical settlement provider | ||||||
| 9 | is responsible for ensuring compliance with all statutory and | ||||||
| 10 | regulatory requirements and under which the trust agrees to | ||||||
| 11 | make all records and files related to viatical settlement | ||||||
| 12 | transactions available to the Director as if those records and | ||||||
| 13 | files were maintained directly by the licensed viatical | ||||||
| 14 | settlement provider. | ||||||
| 15 | "Special purpose entity" means a corporation, partnership, | ||||||
| 16 | trust, limited liability company, or other similar entity | ||||||
| 17 | formed only to provide, directly or indirectly, access to | ||||||
| 18 | institutional capital markets (i) for a financing entity or | ||||||
| 19 | licensed viatical settlement provider; or (ii) in connection | ||||||
| 20 | with a transaction in which the securities in the special | ||||||
| 21 | purposes entity are acquired by the viator or by qualified | ||||||
| 22 | institutional buyers or the securities pay a fixed rate of | ||||||
| 23 | return commensurate with established asset-backed | ||||||
| 24 | institutional capital markets. | ||||||
| 25 | "Stranger-originated life insurance" or "STOLI" means an | ||||||
| 26 | act, practice, or arrangement to initiate a life insurance | ||||||
| |||||||
| |||||||
| 1 | policy for the benefit of a third-party investor who, at the | ||||||
| 2 | time of policy origination, has no insurable interest in the | ||||||
| 3 | insured. STOLI practices include, but are not limited to, | ||||||
| 4 | cases in which life insurance is purchased with resources or | ||||||
| 5 | guarantees from or through a person or entity who, at the time | ||||||
| 6 | of policy inception, could not lawfully initiate the policy | ||||||
| 7 | himself or itself and where, at the time of policy inception, | ||||||
| 8 | there is an arrangement or agreement, whether verbal or | ||||||
| 9 | written, to directly or indirectly transfer the ownership of | ||||||
| 10 | the policy or policy benefits to a third party. Trusts created | ||||||
| 11 | to give the appearance of an insurable interest and used to | ||||||
| 12 | initiate policies for investors violate insurance interest | ||||||
| 13 | laws and the prohibition against wagering on life. STOLI | ||||||
| 14 | arrangements do not include lawful viatical settlement | ||||||
| 15 | contracts as permitted by this Act. | ||||||
| 16 | "Terminally ill" means certified by a physician as having | ||||||
| 17 | an illness or physical condition that reasonably is expected | ||||||
| 18 | to result in death in 24 months or less. | ||||||
| 19 | "Viatical settlement broker" means a licensed insurance | ||||||
| 20 | producer who has been issued a license pursuant to paragraph | ||||||
| 21 | (1) or (2) of subsection (a) of Section 500-35 of the Illinois | ||||||
| 22 | Insurance Code who, working exclusively on behalf of a viator | ||||||
| 23 | and for a fee, commission, or other valuable consideration, | ||||||
| 24 | offers, solicits, promotes, or attempts to negotiate viatical | ||||||
| 25 | settlement contracts between a viator and one or more viatical | ||||||
| 26 | settlement providers or one or more viatical settlement | ||||||
| |||||||
| |||||||
| 1 | brokers. "Viatical settlement broker" does not include an | ||||||
| 2 | attorney, a certified public accountant, or a financial | ||||||
| 3 | planner accredited by a nationally recognized accreditation | ||||||
| 4 | agency, who is retained to represent the viator and whose | ||||||
| 5 | compensation is not paid directly or indirectly by the | ||||||
| 6 | viatical settlement provider or purchaser. | ||||||
| 7 | "Viatical settlement contract" means any of the following: | ||||||
| 8 | (1) A written agreement between a viator and a | ||||||
| 9 | viatical settlement provider establishing the terms under | ||||||
| 10 | which compensation or anything of value is or will be | ||||||
| 11 | paid, which compensation or value is less than the | ||||||
| 12 | expected death benefits of the policy, in return for the | ||||||
| 13 | viator's present or future assignment, transfer, sale, | ||||||
| 14 | devise, or bequest of the death benefit or ownership of | ||||||
| 15 | any portion of the insurance policy. | ||||||
| 16 | (2) A written agreement for a loan or other lending | ||||||
| 17 | transaction, secured primarily by an individual life | ||||||
| 18 | insurance policy or an individual certificate of a group | ||||||
| 19 | life insurance policy. | ||||||
| 20 | (3) The transfer for compensation or value of | ||||||
| 21 | ownership of a beneficial interest in a trust or other | ||||||
| 22 | entity that owns such policy, if the trust or other entity | ||||||
| 23 | was formed or availed of for the principal purpose of | ||||||
| 24 | acquiring one or more life insurance contracts and the | ||||||
| 25 | life insurance contract insures the life of a person | ||||||
| 26 | residing in this State. | ||||||
| |||||||
| |||||||
| 1 | (4) A premium finance loan made for a life insurance | ||||||
| 2 | policy by a lender to a viator on, before, or after the | ||||||
| 3 | date of issuance of the policy in either of the following | ||||||
| 4 | situations: | ||||||
| 5 | (A) The viator or the insured receives a guarantee | ||||||
| 6 | of the viatical settlement value of the policy. | ||||||
| 7 | (B) The viator or the insured agrees to sell the | ||||||
| 8 | policy or any portion of the policy's death benefit on | ||||||
| 9 | any date before or after issuance of the policy. | ||||||
| 10 | "Viatical settlement contract" does not include any of the | ||||||
| 11 | following acts, practices, or arrangements listed below in | ||||||
| 12 | subparagraphs (a) through (i) of this definition of "viatical | ||||||
| 13 | settlement contract", unless part of a plan, scheme, device, | ||||||
| 14 | or artifice to avoid application of this Act; provided, | ||||||
| 15 | however, that the list of excluded items contained in | ||||||
| 16 | subparagraphs (a) through (i) is not intended to be an | ||||||
| 17 | exhaustive list and that an act, practice, or arrangement that | ||||||
| 18 | is not described below in subparagraphs (a) through (i) does | ||||||
| 19 | not necessarily constitute a viatical settlement contract: | ||||||
| 20 | (a) A policy loan or accelerated death benefit made by | ||||||
| 21 | the insurer pursuant to the policy's terms; | ||||||
| 22 | (b) Loan proceeds that are used solely to pay: (i) | ||||||
| 23 | premiums for the policy and (ii) the costs of the loan, | ||||||
| 24 | including, without limitation, interest, arrangement fees, | ||||||
| 25 | utilization fees and similar fees, closing costs, legal | ||||||
| 26 | fees and expenses, trustee fees and expenses, and | ||||||
| |||||||
| |||||||
| 1 | third-party third party collateral provider fees and | ||||||
| 2 | expenses, including fees payable to letter of credit | ||||||
| 3 | issuers; | ||||||
| 4 | (c) A loan made by a bank or other financial | ||||||
| 5 | institution in which the lender takes an interest in a | ||||||
| 6 | life insurance policy solely to secure repayment of a loan | ||||||
| 7 | or, if there is a default on the loan and the policy is | ||||||
| 8 | transferred, the transfer of such a policy by the lender, | ||||||
| 9 | provided that neither the default itself nor the transfer | ||||||
| 10 | of the policy in connection with the default is pursuant | ||||||
| 11 | to an agreement or understanding with any other person for | ||||||
| 12 | the purpose of evading regulation under this Act; | ||||||
| 13 | (d) A loan made by a lender that does not violate | ||||||
| 14 | Article XXXIIa of the Illinois Insurance Code, provided | ||||||
| 15 | that the premium finance loan is not described in this | ||||||
| 16 | Act; | ||||||
| 17 | (e) An agreement in which all the parties (i) are | ||||||
| 18 | closely related to the insured by blood or law or (ii) have | ||||||
| 19 | a lawful substantial economic interest in the continued | ||||||
| 20 | life, health, and bodily safety of the person insured, or | ||||||
| 21 | trusts established primarily for the benefit of such | ||||||
| 22 | parties; | ||||||
| 23 | (f) Any designation, consent, or agreement by an | ||||||
| 24 | insured who is an employee of an employer in connection | ||||||
| 25 | with the purchase by the employer, or trust established by | ||||||
| 26 | the employer, of life insurance on the life of the | ||||||
| |||||||
| |||||||
| 1 | employee; | ||||||
| 2 | (g) A bona fide business succession planning | ||||||
| 3 | arrangement: (i) between one or more shareholders in a | ||||||
| 4 | corporation or between a corporation and one or more of | ||||||
| 5 | its shareholders or one or more trusts established by its | ||||||
| 6 | shareholders; (ii) between one or more partners in a | ||||||
| 7 | partnership or between a partnership and one or more of | ||||||
| 8 | its partners or one or more trusts established by its | ||||||
| 9 | partners; or (iii) between one or more members in a | ||||||
| 10 | limited liability company or between a limited liability | ||||||
| 11 | company and one or more of its members or one or more | ||||||
| 12 | trusts established by its members; | ||||||
| 13 | (h) An agreement entered into by a service recipient, | ||||||
| 14 | or a trust established by the service recipient, and a | ||||||
| 15 | service provider, or a trust established by the service | ||||||
| 16 | provider, who performs significant services for the | ||||||
| 17 | service recipient's trade or business; or | ||||||
| 18 | (i) Any other contract, transaction, or arrangement | ||||||
| 19 | exempted from the definition of viatical settlement | ||||||
| 20 | contract by the Director based on the Director's | ||||||
| 21 | determination that the contract, transaction, or | ||||||
| 22 | arrangement is not of the type intended to be regulated by | ||||||
| 23 | this Act. | ||||||
| 24 | "Viatical settlement investment agent" means a person who | ||||||
| 25 | is an appointed or contracted agent of a licensed viatical | ||||||
| 26 | settlement provider who solicits or arranges the funding for | ||||||
| |||||||
| |||||||
| 1 | the purchase of a viatical settlement by a viatical settlement | ||||||
| 2 | purchaser and who is acting on behalf of a viatical settlement | ||||||
| 3 | provider. A viatical settlement investment agent is deemed to | ||||||
| 4 | represent the viatical settlement provider of whom the | ||||||
| 5 | viatical settlement investment agent is an appointed or | ||||||
| 6 | contracted agent. | ||||||
| 7 | "Viatical settlement provider" means a person, other than | ||||||
| 8 | a viator, who enters into or effectuates a viatical settlement | ||||||
| 9 | contract with a viator. "Viatical settlement provider" does | ||||||
| 10 | not include: | ||||||
| 11 | (1) a bank, savings bank, savings and loan | ||||||
| 12 | association, credit union, or other financial institution | ||||||
| 13 | that takes an assignment of a policy as collateral for a | ||||||
| 14 | loan; | ||||||
| 15 | (2) a financial institution or premium finance company | ||||||
| 16 | making premium finance loans and exempted by the Director | ||||||
| 17 | from the licensing requirement under the premium finance | ||||||
| 18 | laws where the institution or company takes an assignment | ||||||
| 19 | of a life insurance policy solely as collateral for a | ||||||
| 20 | premium finance loan; | ||||||
| 21 | (3) the issuer of the life insurance policy; | ||||||
| 22 | (4) an authorized or eligible insurer that provides | ||||||
| 23 | stop loss coverage or financial guaranty insurance to a | ||||||
| 24 | viatical settlement provider, purchaser, financing entity, | ||||||
| 25 | special purpose entity, or related provider trust; | ||||||
| 26 | (5) an An individual person who enters into or | ||||||
| |||||||
| |||||||
| 1 | effectuates no more than one viatical settlement contract | ||||||
| 2 | in a calendar year for the transfer of policies for any | ||||||
| 3 | value less than the expected death benefit; | ||||||
| 4 | (6) a financing entity; | ||||||
| 5 | (7) a special purpose entity; | ||||||
| 6 | (8) a related provider trust; | ||||||
| 7 | (9) a viatical settlement purchaser; or | ||||||
| 8 | (10) any other person that the Director determines is | ||||||
| 9 | consistent with the definition of viatical settlement | ||||||
| 10 | provider. | ||||||
| 11 | "Viatical settlement purchaser" means a person who | ||||||
| 12 | provides a sum of money as consideration for a life insurance | ||||||
| 13 | policy or an interest in the death benefits of a life insurance | ||||||
| 14 | policy, or a person who owns or acquires or is entitled to a | ||||||
| 15 | beneficial interest in a trust that owns a viatical settlement | ||||||
| 16 | contract or is the beneficiary of a life insurance policy, in | ||||||
| 17 | each case where such policy has been or will be the subject of | ||||||
| 18 | a viatical settlement contract, for the purpose of deriving an | ||||||
| 19 | economic benefit. "Viatical settlement purchaser" does not | ||||||
| 20 | include: (i) a licensee under this Act; (ii) an accredited | ||||||
| 21 | investor or qualified institutional buyer; (iii) a financing | ||||||
| 22 | entity; (iv) a special purpose entity; or (v) a related | ||||||
| 23 | provider trust. | ||||||
| 24 | "Viaticated policy" means a life insurance policy that has | ||||||
| 25 | been acquired by a viatical settlement provider pursuant to a | ||||||
| 26 | viatical settlement contract. | ||||||
| |||||||
| |||||||
| 1 | "Viator" means the owner of a life insurance policy or a | ||||||
| 2 | certificate holder under a group policy who enters or seeks to | ||||||
| 3 | enter into a viatical settlement contract. For the purposes of | ||||||
| 4 | this Act, a viator is not limited to an owner of a life | ||||||
| 5 | insurance policy or a certificate holder under a group policy | ||||||
| 6 | insuring the life of an individual with a terminal or chronic | ||||||
| 7 | illness or condition, except where specifically addressed. | ||||||
| 8 | "Viator" does not include: | ||||||
| 9 | (1) a licensee; | ||||||
| 10 | (2) a qualified institutional buyer; | ||||||
| 11 | (3) a financing entity; | ||||||
| 12 | (4) a special purpose entity; or | ||||||
| 13 | (5) a related provider trust. | ||||||
| 14 | (Source: P.A. 100-863, eff. 8-14-18; revised 7-23-24.)
| ||||||
| 15 | Section 785. The Vision Care Plan Regulation Act is | ||||||
| 16 | amended by changing Section 5 as follows:
| ||||||
| 17 | (215 ILCS 161/5) | ||||||
| 18 | Sec. 5. Definitions. As used in this Act: | ||||||
| 19 | "Covered materials" means materials for which | ||||||
| 20 | reimbursement from the vision care plan is provided to an eye | ||||||
| 21 | care provider by an enrollee's plan contract or for which a | ||||||
| 22 | reimbursement would be available but for the application of | ||||||
| 23 | the enrollee's contractual limitation of deductibles, | ||||||
| 24 | copayments, or coinsurance. "Covered materials" includes lens | ||||||
| |||||||
| |||||||
| 1 | treatment or coatings added to a spectacle lens if the base | ||||||
| 2 | spectacle lens is a covered material. | ||||||
| 3 | "Covered services" means services for which reimbursement | ||||||
| 4 | from the vision care plan is provided to an eye care provider | ||||||
| 5 | by an enrollee's plan contract or for which a reimbursement | ||||||
| 6 | would be available but for the application of the enrollee's | ||||||
| 7 | contractual plan limitation of deductibles, copayments, or | ||||||
| 8 | coinsurance regardless of how the benefits are listed in an | ||||||
| 9 | enrollee's benefit plan's definition of benefits. | ||||||
| 10 | "Enrollee" means any individual enrolled in a vision care | ||||||
| 11 | plan provided by a group, employer, or other entity that | ||||||
| 12 | purchases or supplies coverage for a vision care plan. | ||||||
| 13 | "Eye care provider" means a doctor of optometry licensed | ||||||
| 14 | pursuant to the Illinois Optometric Practice Act of 1987 or a | ||||||
| 15 | physician licensed to practice medicine in all of its branches | ||||||
| 16 | pursuant to the Medical Practice Act of 1987. | ||||||
| 17 | "Materials" means ophthalmic devices, including, but not | ||||||
| 18 | limited to: | ||||||
| 19 | (i) lenses, devices containing lenses, ophthalmic | ||||||
| 20 | frames, and other lens mounting apparatus, prisms, lens | ||||||
| 21 | treatments, and coatings; | ||||||
| 22 | (ii) contact lenses and prosthetic devices that | ||||||
| 23 | correct, relieve, or treat defects or abnormal conditions | ||||||
| 24 | of the human eye or adnexa; and | ||||||
| 25 | (iii) any devices that deliver medication or other | ||||||
| 26 | therapeutic treatment to the human eye or adnexa. | ||||||
| |||||||
| |||||||
| 1 | "Services" means the professional work performed by an eye | ||||||
| 2 | care provider. | ||||||
| 3 | "Subcontractor" means any company, group, or third-party | ||||||
| 4 | entity, including agents, servants, partially owned | ||||||
| 5 | partially-owned or wholly owned wholly-owned subsidiaries and | ||||||
| 6 | controlled organizations, that the vision care plan contracts | ||||||
| 7 | with to supply services or materials for an eye care provider | ||||||
| 8 | or enrollee to fulfill the benefit plan of a vision care plan. | ||||||
| 9 | "Vision care organization" means an entity formed under | ||||||
| 10 | the laws of this State or another state that issues a vision | ||||||
| 11 | care plan. | ||||||
| 12 | "Vision care plan" means a plan that creates, promotes, | ||||||
| 13 | sells, provides, advertises, or administers an integrated or | ||||||
| 14 | stand-alone plan that provides coverage for covered services | ||||||
| 15 | and covered materials. | ||||||
| 16 | (Source: P.A. 103-482, eff. 8-4-23; revised 7-23-24.)
| ||||||
| 17 | Section 790. The Voluntary Health Services Plans Act is | ||||||
| 18 | amended by changing Section 10 as follows:
| ||||||
| 19 | (215 ILCS 165/10) (from Ch. 32, par. 604) | ||||||
| 20 | Sec. 10. Application of Insurance Code provisions. Health | ||||||
| 21 | services plan corporations and all persons interested therein | ||||||
| 22 | or dealing therewith shall be subject to the provisions of | ||||||
| 23 | Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140, | ||||||
| 24 | 143, 143.31, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, | ||||||
| |||||||
| |||||||
| 1 | 355b, 355d, 356g, 356g.5, 356g.5-1, 356m, 356q, 356r, 356t, | ||||||
| 2 | 356u, 356u.10, 356v, 356w, 356x, 356y, 356z.1, 356z.2, | ||||||
| 3 | 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, | ||||||
| 4 | 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18, | ||||||
| 5 | 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, | ||||||
| 6 | 356z.32, 356z.32a, 356z.33, 356z.40, 356z.41, 356z.46, | ||||||
| 7 | 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, | ||||||
| 8 | 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.71, | ||||||
| 9 | 356z.72, 356z.74, 356z.75, 356z.77, 364.01, 364.3, 367.2, | ||||||
| 10 | 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and | ||||||
| 11 | paragraphs (7) and (15) of Section 367 of the Illinois | ||||||
| 12 | Insurance Code. | ||||||
| 13 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 14 | any, is conditioned on the rules being adopted in accordance | ||||||
| 15 | with all provisions of the Illinois Administrative Procedure | ||||||
| 16 | Act and all rules and procedures of the Joint Committee on | ||||||
| 17 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 18 | whatever reason, is unauthorized. | ||||||
| 19 | (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; | ||||||
| 20 | 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. | ||||||
| 21 | 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, | ||||||
| 22 | eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; | ||||||
| 23 | 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. | ||||||
| 24 | 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, | ||||||
| 25 | eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; | ||||||
| 26 | 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-656, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753, | ||||||
| 2 | eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, eff. 1-1-25; | ||||||
| 3 | 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. | ||||||
| 4 | 1-1-25; revised 11-26-24.)
| ||||||
| 5 | Section 795. The Health Carrier External Review Act is | ||||||
| 6 | amended by changing Section 10 as follows:
| ||||||
| 7 | (215 ILCS 180/10) | ||||||
| 8 | Sec. 10. Definitions. For the purposes of this Act: | ||||||
| 9 | "Adverse determination" means: | ||||||
| 10 | (1) a determination by a health carrier or its | ||||||
| 11 | designee utilization review organization that, based upon | ||||||
| 12 | the health information provided for a covered person, a | ||||||
| 13 | request for a benefit, including any quantity, frequency, | ||||||
| 14 | duration, or other measurement of a benefit, under the | ||||||
| 15 | health carrier's health benefit plan upon application of | ||||||
| 16 | any utilization review technique does not meet the health | ||||||
| 17 | carrier's requirements for medical necessity, | ||||||
| 18 | appropriateness, health care setting, level of care, or | ||||||
| 19 | effectiveness or is determined to be experimental or | ||||||
| 20 | investigational and the requested benefit is therefore | ||||||
| 21 | denied, reduced, or terminated or payment is not provided | ||||||
| 22 | or made, in whole or in part, for the benefit; | ||||||
| 23 | (2) the denial, reduction, or termination of or | ||||||
| 24 | failure to provide or make payment, in whole or in part, | ||||||
| |||||||
| |||||||
| 1 | for a benefit based on a determination by a health carrier | ||||||
| 2 | or its designee utilization review organization that a | ||||||
| 3 | preexisting condition was present before the effective | ||||||
| 4 | date of coverage; or | ||||||
| 5 | (3) a rescission of coverage determination, which does | ||||||
| 6 | not include a cancellation or discontinuance of coverage | ||||||
| 7 | that is attributable to a failure to timely pay required | ||||||
| 8 | premiums or contributions toward towards the cost of | ||||||
| 9 | coverage. | ||||||
| 10 | "Adverse determination" includes unilateral | ||||||
| 11 | determinations that replace the requested health care service | ||||||
| 12 | with an approval of an alternative health care service without | ||||||
| 13 | the agreement of the covered person or the covered person's | ||||||
| 14 | attending provider for the requested health care service, or | ||||||
| 15 | that condition approval of the requested service on first | ||||||
| 16 | trying an alternative health care service, either if the | ||||||
| 17 | request was made under a medical exceptions procedure, or if | ||||||
| 18 | all of the following are true: (1) the requested service was | ||||||
| 19 | not excluded by name, description, or service category under | ||||||
| 20 | the written terms of coverage, (2) the alternative health care | ||||||
| 21 | service poses no greater risk to the patient based on | ||||||
| 22 | generally accepted standards of care, and (3) the alternative | ||||||
| 23 | health care service is at least as likely to produce the same | ||||||
| 24 | or better effect on the covered person's health as the | ||||||
| 25 | requested service based on generally accepted standards of | ||||||
| 26 | care. "Adverse determination" includes determinations made | ||||||
| |||||||
| |||||||
| 1 | based on any source of health information pertaining to the | ||||||
| 2 | covered person that is used to deny, reduce, replace, | ||||||
| 3 | condition, or terminate the benefit or payment. "Adverse | ||||||
| 4 | determination" includes determinations made in response to a | ||||||
| 5 | request for authorization when the request was submitted by | ||||||
| 6 | the health care provider regardless of whether the provider | ||||||
| 7 | gave notice to or obtained the consent of the covered person or | ||||||
| 8 | authorized representative to file the request. "Adverse | ||||||
| 9 | determination" does not include substitutions performed under | ||||||
| 10 | Section 19.5 or 25 of the Pharmacy Practice Act. | ||||||
| 11 | "Authorized representative" means: | ||||||
| 12 | (1) a person to whom a covered person has given | ||||||
| 13 | express written consent to represent the covered person | ||||||
| 14 | for purposes of this Law; | ||||||
| 15 | (2) a person authorized by law to provide substituted | ||||||
| 16 | consent for a covered person; | ||||||
| 17 | (3) a family member of the covered person or the | ||||||
| 18 | covered person's treating health care professional when | ||||||
| 19 | the covered person is unable to provide consent; | ||||||
| 20 | (4) a health care provider when the covered person's | ||||||
| 21 | health benefit plan requires that a request for a benefit | ||||||
| 22 | under the plan be initiated by the health care provider; | ||||||
| 23 | or | ||||||
| 24 | (5) in the case of an urgent care request, a health | ||||||
| 25 | care provider with knowledge of the covered person's | ||||||
| 26 | medical condition. | ||||||
| |||||||
| |||||||
| 1 | "Best evidence" means evidence based on: | ||||||
| 2 | (1) randomized clinical trials; | ||||||
| 3 | (2) if randomized clinical trials are not available, | ||||||
| 4 | then cohort studies or case-control studies; | ||||||
| 5 | (3) if items (1) and (2) are not available, then | ||||||
| 6 | case-series; or | ||||||
| 7 | (4) if items (1), (2), and (3) are not available, then | ||||||
| 8 | expert opinion. | ||||||
| 9 | "Case-series" means an evaluation of a series of patients | ||||||
| 10 | with a particular outcome, without the use of a control group. | ||||||
| 11 | "Clinical review criteria" means the written screening | ||||||
| 12 | procedures, decision abstracts, clinical protocols, and | ||||||
| 13 | practice guidelines used by a health carrier to determine the | ||||||
| 14 | necessity and appropriateness of health care services. | ||||||
| 15 | "Clinical review criteria" includes all utilization review | ||||||
| 16 | criteria as defined in Section 10 of the Managed Care Reform | ||||||
| 17 | and Patient Rights Act. | ||||||
| 18 | "Cohort study" means a prospective evaluation of 2 groups | ||||||
| 19 | of patients with only one group of patients receiving specific | ||||||
| 20 | intervention. | ||||||
| 21 | "Concurrent review" means a review conducted during a | ||||||
| 22 | patient's stay or course of treatment in a facility, the | ||||||
| 23 | office of a health care professional, or other inpatient or | ||||||
| 24 | outpatient health care setting. | ||||||
| 25 | "Covered benefits" or "benefits" means those health care | ||||||
| 26 | services to which a covered person is entitled under the terms | ||||||
| |||||||
| |||||||
| 1 | of a health benefit plan. | ||||||
| 2 | "Covered person" means a policyholder, subscriber, | ||||||
| 3 | enrollee, or other individual participating in a health | ||||||
| 4 | benefit plan. | ||||||
| 5 | "Director" means the Director of the Department of | ||||||
| 6 | Insurance. | ||||||
| 7 | "Emergency medical condition" means a medical condition | ||||||
| 8 | manifesting itself by acute symptoms of sufficient severity, | ||||||
| 9 | including, but not limited to, severe pain, such that a | ||||||
| 10 | prudent layperson who possesses an average knowledge of health | ||||||
| 11 | and medicine could reasonably expect the absence of immediate | ||||||
| 12 | medical attention to result in: | ||||||
| 13 | (1) placing the health of the individual or, with | ||||||
| 14 | respect to a pregnant woman, the health of the woman or her | ||||||
| 15 | unborn child, in serious jeopardy; | ||||||
| 16 | (2) serious impairment to bodily functions; or | ||||||
| 17 | (3) serious dysfunction of any bodily organ or part. | ||||||
| 18 | "Emergency services" means health care items and services | ||||||
| 19 | furnished or required to evaluate and treat an emergency | ||||||
| 20 | medical condition. | ||||||
| 21 | "Evidence-based standard" means the conscientious, | ||||||
| 22 | explicit, and judicious use of the current best evidence based | ||||||
| 23 | on an overall systematic review of the research in making | ||||||
| 24 | decisions about the care of individual patients. | ||||||
| 25 | "Expert opinion" means a belief or an interpretation by | ||||||
| 26 | specialists with experience in a specific area about the | ||||||
| |||||||
| |||||||
| 1 | scientific evidence pertaining to a particular service, | ||||||
| 2 | intervention, or therapy. | ||||||
| 3 | "Facility" means an institution providing health care | ||||||
| 4 | services or a health care setting. | ||||||
| 5 | "Final adverse determination" means an adverse | ||||||
| 6 | determination involving a covered benefit that has been upheld | ||||||
| 7 | by a health carrier, or its designee utilization review | ||||||
| 8 | organization, at the completion of the health carrier's | ||||||
| 9 | internal grievance process procedures as set forth by the | ||||||
| 10 | Managed Care Reform and Patient Rights Act or as set forth for | ||||||
| 11 | any additional authorization or internal appeal process | ||||||
| 12 | provided by contract between the health carrier and the | ||||||
| 13 | provider. "Final adverse determination" includes | ||||||
| 14 | determinations made in an appeal of a denial of prior | ||||||
| 15 | authorization when the appeal was submitted by the health care | ||||||
| 16 | provider regardless of whether the provider gave notice to or | ||||||
| 17 | obtained the consent of the covered person or authorized | ||||||
| 18 | representative to file an internal appeal. | ||||||
| 19 | "Health benefit plan" means a policy, contract, | ||||||
| 20 | certificate, plan, or agreement offered or issued by a health | ||||||
| 21 | carrier to provide, deliver, arrange for, pay for, or | ||||||
| 22 | reimburse any of the costs of health care services. | ||||||
| 23 | "Health care provider" or "provider" means a physician, | ||||||
| 24 | hospital facility, or other health care practitioner licensed, | ||||||
| 25 | accredited, or certified to perform specified health care | ||||||
| 26 | services consistent with State law, responsible for | ||||||
| |||||||
| |||||||
| 1 | recommending health care services on behalf of a covered | ||||||
| 2 | person. | ||||||
| 3 | "Health care services" means services for the diagnosis, | ||||||
| 4 | prevention, treatment, cure, or relief of a health condition, | ||||||
| 5 | illness, injury, or disease. | ||||||
| 6 | "Health carrier" means an entity subject to the insurance | ||||||
| 7 | laws and regulations of this State, or subject to the | ||||||
| 8 | jurisdiction of the Director, that contracts or offers to | ||||||
| 9 | contract to provide, deliver, arrange for, pay for, or | ||||||
| 10 | reimburse any of the costs of health care services, including | ||||||
| 11 | a sickness and accident insurance company, a health | ||||||
| 12 | maintenance organization, or any other entity providing a plan | ||||||
| 13 | of health insurance, health benefits, or health care services. | ||||||
| 14 | "Health carrier" also means Limited Health Service | ||||||
| 15 | Organizations (LHSO) and Voluntary Health Service Plans. | ||||||
| 16 | "Health information" means information or data, whether | ||||||
| 17 | oral or recorded in any form or medium, and personal facts or | ||||||
| 18 | information about events or relationships that relate to: | ||||||
| 19 | (1) the past, present, or future physical, mental, or | ||||||
| 20 | behavioral health or condition of an individual or a | ||||||
| 21 | member of the individual's family; | ||||||
| 22 | (2) the provision of health care services to an | ||||||
| 23 | individual; or | ||||||
| 24 | (3) payment for the provision of health care services | ||||||
| 25 | to an individual. | ||||||
| 26 | "Independent review organization" means an entity that | ||||||
| |||||||
| |||||||
| 1 | conducts independent external reviews of adverse | ||||||
| 2 | determinations and final adverse determinations. | ||||||
| 3 | "Medical or scientific evidence" means evidence found in | ||||||
| 4 | the following sources: | ||||||
| 5 | (1) peer-reviewed scientific studies published in or | ||||||
| 6 | accepted for publication by medical journals that meet | ||||||
| 7 | nationally recognized requirements for scientific | ||||||
| 8 | manuscripts and that submit most of their published | ||||||
| 9 | articles for review by experts who are not part of the | ||||||
| 10 | editorial staff; | ||||||
| 11 | (2) peer-reviewed medical literature, including | ||||||
| 12 | literature relating to therapies reviewed and approved by | ||||||
| 13 | a qualified institutional review board, biomedical | ||||||
| 14 | compendia, and other medical literature that meet the | ||||||
| 15 | criteria of the National Institutes of Health's Library of | ||||||
| 16 | Medicine for indexing in Index Medicus (Medline) and | ||||||
| 17 | Elsevier Science Ltd. for indexing in Excerpta Medicus | ||||||
| 18 | (EMBASE); | ||||||
| 19 | (3) medical journals recognized by the Secretary of | ||||||
| 20 | Health and Human Services under Section 1861(t)(2) of the | ||||||
| 21 | federal Social Security Act; | ||||||
| 22 | (4) the following standard reference compendia: | ||||||
| 23 | (a) The American Hospital Formulary Service-Drug | ||||||
| 24 | Information; | ||||||
| 25 | (b) Drug Facts and Comparisons; | ||||||
| 26 | (c) The American Dental Association Accepted | ||||||
| |||||||
| |||||||
| 1 | Dental Therapeutics; and | ||||||
| 2 | (d) The United States Pharmacopoeia-Drug | ||||||
| 3 | Information; | ||||||
| 4 | (5) findings, studies, or research conducted by or | ||||||
| 5 | under the auspices of federal government agencies and | ||||||
| 6 | nationally recognized federal research institutes, | ||||||
| 7 | including: | ||||||
| 8 | (a) the federal Agency for Healthcare Research and | ||||||
| 9 | Quality; | ||||||
| 10 | (b) the National Institutes of Health; | ||||||
| 11 | (c) the National Cancer Institute; | ||||||
| 12 | (d) the National Academy of Sciences; | ||||||
| 13 | (e) the Centers for Medicare & Medicaid Services; | ||||||
| 14 | (f) the federal Food and Drug Administration; and | ||||||
| 15 | (g) any national board recognized by the National | ||||||
| 16 | Institutes of Health for the purpose of evaluating the | ||||||
| 17 | medical value of health care services; or | ||||||
| 18 | (6) any other medical or scientific evidence that is | ||||||
| 19 | comparable to the sources listed in items (1) through (5). | ||||||
| 20 | "Person" means an individual, a corporation, a | ||||||
| 21 | partnership, an association, a joint venture, a joint stock | ||||||
| 22 | company, a trust, an unincorporated organization, any similar | ||||||
| 23 | entity, or any combination of the foregoing. | ||||||
| 24 | "Prospective review" means a review conducted prior to an | ||||||
| 25 | admission or the provision of a health care service or a course | ||||||
| 26 | of treatment in accordance with a health carrier's requirement | ||||||
| |||||||
| |||||||
| 1 | that the health care service or course of treatment, in whole | ||||||
| 2 | or in part, be approved prior to its provision. | ||||||
| 3 | "Protected health information" means health information | ||||||
| 4 | (i) that identifies an individual who is the subject of the | ||||||
| 5 | information; or (ii) with respect to which there is a | ||||||
| 6 | reasonable basis to believe that the information could be used | ||||||
| 7 | to identify an individual. | ||||||
| 8 | "Randomized clinical trial" means a controlled prospective | ||||||
| 9 | study of patients that have been randomized into an | ||||||
| 10 | experimental group and a control group at the beginning of the | ||||||
| 11 | study with only the experimental group of patients receiving a | ||||||
| 12 | specific intervention, which includes study of the groups for | ||||||
| 13 | variables and anticipated outcomes over time. | ||||||
| 14 | "Retrospective review" means any review of a request for a | ||||||
| 15 | benefit that is not a concurrent or prospective review | ||||||
| 16 | request. "Retrospective review" does not include the review of | ||||||
| 17 | a claim that is limited to veracity of documentation or | ||||||
| 18 | accuracy of coding. | ||||||
| 19 | "Utilization review" has the meaning provided by the | ||||||
| 20 | Managed Care Reform and Patient Rights Act. | ||||||
| 21 | "Utilization review organization" means a utilization | ||||||
| 22 | review program as defined in the Managed Care Reform and | ||||||
| 23 | Patient Rights Act. | ||||||
| 24 | (Source: P.A. 103-650, eff 1-1-25; 103-656, eff. 1-1-25; | ||||||
| 25 | revised 11-26-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 800. The Prior Authorization Reform Act is amended | ||||||
| 2 | by changing Section 77 as follows:
| ||||||
| 3 | (215 ILCS 200/77) | ||||||
| 4 | (This Section may contain text from a Public Act with a | ||||||
| 5 | delayed effective date) | ||||||
| 6 | Sec. 77. Prior authorization for drug therapies for | ||||||
| 7 | hereditary bleeding disorders. Notwithstanding any other | ||||||
| 8 | provision of law, a health insurance issuer or a contracted | ||||||
| 9 | utilization review organization may not require a prior | ||||||
| 10 | authorization for drug therapies approved by the U.S. Food and | ||||||
| 11 | Drug Administration for the treatment of hereditary bleeding | ||||||
| 12 | disorders any more frequently than every 6 months or the | ||||||
| 13 | length of time the prescription for that dosage remains valid, | ||||||
| 14 | whichever period is shorter. | ||||||
| 15 | (Source: P.A. 103-659, eff. 1-1-26; revised 10-23-24.)
| ||||||
| 16 | Section 805. The Public Utilities Act is amended by | ||||||
| 17 | changing Section 16-108.18 as follows:
| ||||||
| 18 | (220 ILCS 5/16-108.18) | ||||||
| 19 | Sec. 16-108.18. Performance-based ratemaking. | ||||||
| 20 | (a) The General Assembly finds: | ||||||
| 21 | (1) That improving the alignment of utility customer | ||||||
| 22 | and company interests is critical to ensuring equity, | ||||||
| 23 | rapid growth of distributed energy resources, electric | ||||||
| |||||||
| |||||||
| 1 | vehicles, and other new technologies that substantially | ||||||
| 2 | change the makeup of the grid and protect Illinois | ||||||
| 3 | residents and businesses from potential economic and | ||||||
| 4 | environmental harm from the State's energy systems. | ||||||
| 5 | (2) There is urgency around addressing increasing | ||||||
| 6 | threats from climate change and assisting communities that | ||||||
| 7 | have borne disproportionate impacts from climate change, | ||||||
| 8 | including air pollution, greenhouse gas emissions, and | ||||||
| 9 | energy burdens. Addressing this problem requires changes | ||||||
| 10 | to the business model under which utilities in Illinois | ||||||
| 11 | have traditionally functioned. | ||||||
| 12 | (3) Providing targeted incentives to support change | ||||||
| 13 | through a new performance-based structure to enhance | ||||||
| 14 | ratemaking is intended to enable alignment of utility, | ||||||
| 15 | customer, community, and environmental goals. | ||||||
| 16 | (4) Though Illinois has taken some measures to move | ||||||
| 17 | utilities to performance-based ratemaking through the | ||||||
| 18 | establishment of performance incentives and a | ||||||
| 19 | performance-based formula rate under the Energy | ||||||
| 20 | Infrastructure Modernization Act, these measures have not | ||||||
| 21 | been sufficiently transformative in urgently moving | ||||||
| 22 | electric utilities toward the State's ambitious energy | ||||||
| 23 | policy goals: protecting a healthy environment and | ||||||
| 24 | climate, improving public health, and creating quality | ||||||
| 25 | jobs and economic opportunities, including wealth | ||||||
| 26 | building, especially in economically disadvantaged | ||||||
| |||||||
| |||||||
| 1 | communities and communities of color. | ||||||
| 2 | (5) These measures were not developed through a | ||||||
| 3 | process to understand first what performance measures and | ||||||
| 4 | penalties would help drive the sought-after behavior by | ||||||
| 5 | the utilities. | ||||||
| 6 | (6) While the General Assembly has not made a finding | ||||||
| 7 | that the spending related to the Energy Infrastructure and | ||||||
| 8 | Modernization Act and its performance metrics was not | ||||||
| 9 | reasonable, it is important to address concerns that these | ||||||
| 10 | measures may have resulted in excess utility spending and | ||||||
| 11 | guaranteed profits without meaningful improvements in | ||||||
| 12 | customer experience, rate affordability, or equity. | ||||||
| 13 | (7) Discussions of performance incentive mechanisms | ||||||
| 14 | must always take into account the affordability of | ||||||
| 15 | customer rates and bills for all customers, including | ||||||
| 16 | low-income customers. | ||||||
| 17 | (8) The General Assembly therefore directs the | ||||||
| 18 | Illinois Commerce Commission to complete a transition that | ||||||
| 19 | includes a comprehensive performance-based regulation | ||||||
| 20 | framework for electric utilities serving more than 500,000 | ||||||
| 21 | customers. The breadth of this framework should revise | ||||||
| 22 | existing utility regulations to position Illinois electric | ||||||
| 23 | utilities to effectively and efficiently achieve current | ||||||
| 24 | and anticipated future energy needs of this State, while | ||||||
| 25 | ensuring affordability for consumers. | ||||||
| 26 | (b) As used in this Section: | ||||||
| |||||||
| |||||||
| 1 | "Commission" means the Illinois Commerce Commission. | ||||||
| 2 | "Demand response" means measures that decrease peak | ||||||
| 3 | electricity demand or shift demand from peak to off-peak | ||||||
| 4 | periods. | ||||||
| 5 | "Distributed energy resources" or "DER" means a wide range | ||||||
| 6 | of technologies that are connected to the grid including those | ||||||
| 7 | that are located on the customer side of the customer's | ||||||
| 8 | electric meter and can provide value to the distribution | ||||||
| 9 | system, including, but not limited to, distributed generation, | ||||||
| 10 | energy storage, electric vehicles, and demand response | ||||||
| 11 | technologies. | ||||||
| 12 | "Economically disadvantaged communities" means areas of | ||||||
| 13 | one or more census tracts where average household income does | ||||||
| 14 | not exceed 80% of area median income. | ||||||
| 15 | "Environmental justice communities" means the definition | ||||||
| 16 | of that term as used and as may be updated in the long-term | ||||||
| 17 | renewable resources procurement plan by the Illinois Power | ||||||
| 18 | Agency and its Program Administrator in the Illinois Solar for | ||||||
| 19 | All Program. | ||||||
| 20 | "Equity investment eligible community" means the | ||||||
| 21 | geographic areas throughout Illinois which would most benefit | ||||||
| 22 | from equitable investments by the State designed to combat | ||||||
| 23 | discrimination. Specifically, the equity investment eligible | ||||||
| 24 | communities shall be defined as the following areas: | ||||||
| 25 | (1) R3 Areas as established pursuant to Section 10-40 | ||||||
| 26 | of the Cannabis Regulation and Tax Act, where residents | ||||||
| |||||||
| |||||||
| 1 | have historically been excluded from economic | ||||||
| 2 | opportunities, including opportunities in the energy | ||||||
| 3 | sector; and | ||||||
| 4 | (2) Environmental justice communities, as defined by | ||||||
| 5 | the Illinois Power Agency pursuant to the Illinois Power | ||||||
| 6 | Agency Act, where residents have historically been subject | ||||||
| 7 | to disproportionate burdens of pollution, including | ||||||
| 8 | pollution from the energy sector. | ||||||
| 9 | "Performance incentive mechanism" means an instrument by | ||||||
| 10 | which utility performance is incentivized, which could include | ||||||
| 11 | a monetary performance incentive. | ||||||
| 12 | "Performance metric" means a manner of measurement for a | ||||||
| 13 | particular utility activity. | ||||||
| 14 | (c) Through coordinated, comprehensive system planning, | ||||||
| 15 | ratemaking, and performance incentives, the performance-based | ||||||
| 16 | ratemaking framework should be designed to accomplish the | ||||||
| 17 | following objectives: | ||||||
| 18 | (1) maintain and improve service reliability and | ||||||
| 19 | safety, including and particularly in environmental | ||||||
| 20 | justice, low-income, and equity investment eligible | ||||||
| 21 | communities; | ||||||
| 22 | (2) decarbonize utility systems at a pace that meets | ||||||
| 23 | or exceeds State climate goals, while also ensuring the | ||||||
| 24 | affordability of rates for all customers, including | ||||||
| 25 | low-income customers; | ||||||
| 26 | (3) direct electric utilities to make cost-effective | ||||||
| |||||||
| |||||||
| 1 | investments that support achievement of Illinois' clean | ||||||
| 2 | energy policies, including, at a minimum, investments | ||||||
| 3 | designed to integrate distributed energy resources, comply | ||||||
| 4 | with critical infrastructure protection standards, plans, | ||||||
| 5 | and industry best practices, and support and take | ||||||
| 6 | advantage of potential benefits from the electric vehicle | ||||||
| 7 | charging and other electrification, while mitigating the | ||||||
| 8 | impacts; | ||||||
| 9 | (4) choose cost-effective assets and services, whether | ||||||
| 10 | utility-supplied or through third-party contracting, | ||||||
| 11 | considering both economic and environmental costs and the | ||||||
| 12 | effects on utility rates, to deliver high-quality service | ||||||
| 13 | to customers at least cost; | ||||||
| 14 | (5) maintain the affordability of electric delivery | ||||||
| 15 | services for all customers, including low-income | ||||||
| 16 | customers; | ||||||
| 17 | (6) maintain and grow a diverse workforce, diverse | ||||||
| 18 | supplier procurement base and, for relevant programs, | ||||||
| 19 | diverse approved-vendor pools, including increased | ||||||
| 20 | opportunities for minority-owned, female-owned, | ||||||
| 21 | veteran-owned, and disability-owned business enterprises; | ||||||
| 22 | (7) improve customer service performance and | ||||||
| 23 | engagement; | ||||||
| 24 | (8) address the particular burdens faced by consumers | ||||||
| 25 | in environmental justice and equity investment eligible | ||||||
| 26 | communities, including shareholder, consumer, and publicly | ||||||
| |||||||
| |||||||
| 1 | funded bill payment assistance and credit and collection | ||||||
| 2 | policies, and ensure equitable disconnections, late fees, | ||||||
| 3 | or arrearages as a result of utility credit and collection | ||||||
| 4 | practices, which may include consideration of impact by | ||||||
| 5 | zip code; and | ||||||
| 6 | (9) implement or otherwise enhance current supplier | ||||||
| 7 | diversity programs to increase diverse contractor | ||||||
| 8 | participation in professional services, subcontracting, | ||||||
| 9 | and prime contracting opportunities with programs that | ||||||
| 10 | address barriers to access. Supplier diversity programs | ||||||
| 11 | shall address specific barriers related to RFP and | ||||||
| 12 | contract access, access to capital, information technology | ||||||
| 13 | and cyber security access and costs, administrative | ||||||
| 14 | burdens, and quality control with specific metrics, | ||||||
| 15 | outcomes, and demographic data reported. | ||||||
| 16 | (d) Multi-Year Rate Plan. | ||||||
| 17 | (1) If an electric utility had a performance-based | ||||||
| 18 | formula rate in effect under Section 16-108.5 as of | ||||||
| 19 | December 31, 2020, then the utility may file a petition | ||||||
| 20 | proposing tariffs implementing a 4-year Multi-Year Rate | ||||||
| 21 | Plan as provided in this Section no later than, January | ||||||
| 22 | 20, 2023, for delivery service rates to be effective for | ||||||
| 23 | the billing periods January 1, 2024 through December 31, | ||||||
| 24 | 2027. The Commission shall issue an order approving or | ||||||
| 25 | approving as modified the utility's plan no later than | ||||||
| 26 | December 20, 2023. The term "Multi-Year Rate Plan" refers | ||||||
| |||||||
| |||||||
| 1 | to a plan establishing the base rates the utility shall | ||||||
| 2 | charge for each delivery year of the 4-year period to be | ||||||
| 3 | covered by the plan, which shall be subject to | ||||||
| 4 | modification only as expressly allowed in this Section. | ||||||
| 5 | (2) A utility proposing a Multi-Year Rate Plan shall | ||||||
| 6 | provide a 4-year investment plan and a description of the | ||||||
| 7 | utility's major planned investments, including, at a | ||||||
| 8 | minimum, all investments of $2,000,000 or greater over the | ||||||
| 9 | plan period for an electric utility that serves more than | ||||||
| 10 | 3,000,000 retail customers in the State or $500,000 for an | ||||||
| 11 | electric utility that serves less than 3,000,000 retail | ||||||
| 12 | customers in the State but more than 500,000 retail | ||||||
| 13 | customers in the State. The 4-year investment plan must be | ||||||
| 14 | consistent with the Multi-Year Integrated Grid Plan | ||||||
| 15 | described in Section 16-105.17 of this Act. The investment | ||||||
| 16 | plan shall provide sufficiently detailed information, as | ||||||
| 17 | required by the Commission, including, at a minimum, a | ||||||
| 18 | description of each investment, the location of the | ||||||
| 19 | investment, and an explanation of the need for and benefit | ||||||
| 20 | of such an investment to the extent known. | ||||||
| 21 | (3) The Multi-Year Rate Plan shall be implemented | ||||||
| 22 | through a tariff filed with the Commission consistent with | ||||||
| 23 | the provisions of this paragraph (3) that shall apply to | ||||||
| 24 | all delivery service customers. The Commission shall | ||||||
| 25 | initiate and conduct an investigation of the tariff in a | ||||||
| 26 | manner consistent with the provisions of this paragraph | ||||||
| |||||||
| |||||||
| 1 | (3) and the provisions of Article IX of this Act, to the | ||||||
| 2 | extent they do not conflict with this paragraph (3). The | ||||||
| 3 | Multi-Year Rate Plan approved by the Commission shall do | ||||||
| 4 | the following: | ||||||
| 5 | (A) Provide for the recovery of the utility's | ||||||
| 6 | forecasted rate base, based on the 4-year investment | ||||||
| 7 | plan and the utility's Integrated Grid Plan. The | ||||||
| 8 | forecasted rate base must include the utility's | ||||||
| 9 | planned capital investments, with rates based on | ||||||
| 10 | average annual plant investment, and | ||||||
| 11 | investment-related costs, including income tax | ||||||
| 12 | impacts, depreciation, and ratemaking adjustments and | ||||||
| 13 | costs that are prudently incurred and reasonable in | ||||||
| 14 | amount consistent with Commission practice and law. | ||||||
| 15 | The process used to develop the forecasts must be | ||||||
| 16 | iterative, rigorous, and lead to forecasts that | ||||||
| 17 | reasonably represent the utility's investments during | ||||||
| 18 | the forecasted period and ensure that the investments | ||||||
| 19 | are projected to be used and useful during the annual | ||||||
| 20 | investment period and least cost, consistent with the | ||||||
| 21 | provisions of Articles VIII and IX of this Act. | ||||||
| 22 | (B) The cost of equity shall be approved by the | ||||||
| 23 | Commission consistent with Commission practice and | ||||||
| 24 | law. | ||||||
| 25 | (C) The revenue requirement shall reflect the | ||||||
| 26 | utility's actual capital structure for the applicable | ||||||
| |||||||
| |||||||
| 1 | calendar year. A year-end capital structure that | ||||||
| 2 | includes a common equity ratio of up to and including | ||||||
| 3 | 50% of the total capital structure shall be deemed | ||||||
| 4 | prudent and reasonable. A higher common equity ratio | ||||||
| 5 | must be specifically approved by the Commission. | ||||||
| 6 | (D) (Blank). | ||||||
| 7 | (E) Provide for recovery of prudent and reasonable | ||||||
| 8 | projected operating expenses, giving effect to | ||||||
| 9 | ratemaking adjustments, consistent with Commission | ||||||
| 10 | practice and law under Article IX of this Act. | ||||||
| 11 | Operating expenses for years after the first year of | ||||||
| 12 | the Multi-Year Rate Plan may be estimated by the use of | ||||||
| 13 | known and measurable changes, expense reductions | ||||||
| 14 | associated with planned capital investments as | ||||||
| 15 | appropriate, and reasonable and appropriate | ||||||
| 16 | escalators, indices, or other metrics. | ||||||
| 17 | (F) Amortize the amount of unprotected | ||||||
| 18 | property-related excess accumulated deferred income | ||||||
| 19 | taxes in rates as of January 1, 2023 over a period | ||||||
| 20 | ending December 31, 2027, unless otherwise required to | ||||||
| 21 | amortize the excess deferred income tax pursuant to | ||||||
| 22 | Section 16-108.21 of this Act. | ||||||
| 23 | (G) Allow recovery of incentive compensation | ||||||
| 24 | expense that is based on the achievement of | ||||||
| 25 | operational metrics, including metrics related to | ||||||
| 26 | budget controls, outage duration and frequency, | ||||||
| |||||||
| |||||||
| 1 | safety, customer service, efficiency and productivity, | ||||||
| 2 | environmental compliance and attainment of | ||||||
| 3 | affordability and environmental goals, and other goals | ||||||
| 4 | and metrics approved by the Commission. Incentive | ||||||
| 5 | compensation expense that is based on net income or an | ||||||
| 6 | affiliate's earnings per share shall not be | ||||||
| 7 | recoverable. | ||||||
| 8 | (H) To the maximum extent practicable, align the | ||||||
| 9 | 4-year investment plan and annual capital budgets with | ||||||
| 10 | the electric utility's Multi-Year Integrated Grid | ||||||
| 11 | Plan. | ||||||
| 12 | (4) The Commission shall establish annual rates for | ||||||
| 13 | each year of the Multi-Year Rate Plan that accurately | ||||||
| 14 | reflect and are based only upon the utility's reasonable | ||||||
| 15 | and prudent costs of service over the term of the plan, | ||||||
| 16 | including the effect of all ratemaking adjustments | ||||||
| 17 | consistent with Commission practice and law as determined | ||||||
| 18 | by the Commission, provided that the costs are not being | ||||||
| 19 | recovered elsewhere in rates. Tariff riders authorized by | ||||||
| 20 | the Commission may continue outside of a plan authorized | ||||||
| 21 | under this Section to the extent such costs are not | ||||||
| 22 | recovered elsewhere in rates. For the first Multi-Year | ||||||
| 23 | Rate Plan multi-year rate plan, the burden of proof shall | ||||||
| 24 | be on the electric utility to establish the prudence of | ||||||
| 25 | investments and expenditures and to establish that such | ||||||
| 26 | investments consistent with and reasonably necessary to | ||||||
| |||||||
| |||||||
| 1 | meet the requirements of the utility's first approved | ||||||
| 2 | Multi-Year Integrated Grid Plan described in Section | ||||||
| 3 | 16-105.17 of this Act. For subsequent Multi-Year Rate | ||||||
| 4 | Plans, the burden of proof shall be on the electric | ||||||
| 5 | utility to establish the prudence of investments and | ||||||
| 6 | expenditures and to establish that such investments are | ||||||
| 7 | consistent with and reasonably necessary to meet the | ||||||
| 8 | requirements of the utility's most recently approved | ||||||
| 9 | Multi-Year Integrated Grid Plan described in Section | ||||||
| 10 | 16-105.17 of this Act. The sole fact that a cost differs | ||||||
| 11 | from that incurred in a prior period or that an investment | ||||||
| 12 | is different from that described in the Multi-Year | ||||||
| 13 | Integrated Grid Plan shall not imply the imprudence or | ||||||
| 14 | unreasonableness of that cost or investment. The sole fact | ||||||
| 15 | that an investment is the same or similar to that | ||||||
| 16 | described in the Multi-Year Integrated Grid Plan shall not | ||||||
| 17 | imply prudence and reasonableness of that investment. | ||||||
| 18 | (5) To facilitate public transparency, all materials, | ||||||
| 19 | data, testimony, and schedules shall be provided to the | ||||||
| 20 | Commission in an editable, machine-readable electronic | ||||||
| 21 | format including .doc, .docx, .xls, .xlsx, and similar | ||||||
| 22 | file formats, but not including .pdf or .exif. Should | ||||||
| 23 | utilities designate any materials confidential, they shall | ||||||
| 24 | have an affirmative duty to explain why the particular | ||||||
| 25 | information is marked confidential. In determining | ||||||
| 26 | prudence and reasonableness of rates, the Commission shall | ||||||
| |||||||
| |||||||
| 1 | make its determination based upon the record, including | ||||||
| 2 | each public comment filed or provided orally at open | ||||||
| 3 | meetings consistent with the Commission's rules and | ||||||
| 4 | practices. | ||||||
| 5 | (6) The Commission may, by order, establish terms, | ||||||
| 6 | conditions, and procedures for submitting and approving a | ||||||
| 7 | Multi-Year Rate Plan necessary to implement this Section | ||||||
| 8 | and ensure that rates remain just and reasonable during | ||||||
| 9 | the course of the plan, including terms and procedures for | ||||||
| 10 | rate adjustment. | ||||||
| 11 | (7) An electric utility that files a tariff pursuant | ||||||
| 12 | to paragraph (3) of this subsection (e) must submit a | ||||||
| 13 | one-time $300,000 filing fee at the time the Chief Clerk | ||||||
| 14 | of the Commission accepts the filing, which shall be a | ||||||
| 15 | recoverable expense. | ||||||
| 16 | (8) An electric utility operating under a Multi-Year | ||||||
| 17 | Rate Plan shall file a new Multi-Year Rate Plan at least | ||||||
| 18 | 300 days prior to the end of the initial Multi-Year Rate | ||||||
| 19 | Plan unless it elects to file a general rate case pursuant | ||||||
| 20 | to paragraph (9), and every 4 years thereafter, with a | ||||||
| 21 | rate-effective date of the proposed tariffs such that, | ||||||
| 22 | after the Commission suspension period, the rates would | ||||||
| 23 | take effect immediately at the close of the final year of | ||||||
| 24 | the initial Multi-Year Rate Plan. In subsequent Multi-Year | ||||||
| 25 | Rate Plans, as in the initial plans, utilities and | ||||||
| 26 | stakeholders may propose additional metrics that achieve | ||||||
| |||||||
| |||||||
| 1 | the outcomes described in paragraph (2) of subsection (f) | ||||||
| 2 | of this Section. | ||||||
| 3 | (9) Election of Rate Case. | ||||||
| 4 | (A) On or before the date prescribed by | ||||||
| 5 | subparagraph (B) of paragraph (9) of this Section, | ||||||
| 6 | electric utilities that serve more than 500,000 retail | ||||||
| 7 | customers in the State shall file either a general | ||||||
| 8 | rate case under Section 9-201 of this Act, or a | ||||||
| 9 | Multi-Year Rate Plan, as set forth in paragraph (1) of | ||||||
| 10 | this subsection (d). | ||||||
| 11 | (B) Electric utilities described in subparagraph | ||||||
| 12 | (A) of paragraph (9) of this Section shall file their | ||||||
| 13 | initial general rate case or Multi-Year Rate Plan, as | ||||||
| 14 | applicable, with the Commission no later than January | ||||||
| 15 | 20, 2023. | ||||||
| 16 | (C) Notwithstanding which rate filing option an | ||||||
| 17 | electric utility elects to file on the date prescribed | ||||||
| 18 | by subparagraph (B) of paragraph (9) of this Section, | ||||||
| 19 | the electric utility shall be subject to the | ||||||
| 20 | Multi-year Integrated Plan filing requirements. | ||||||
| 21 | (D) Following its initial rate filing pursuant to | ||||||
| 22 | paragraph (2), an electric utility subject to the | ||||||
| 23 | requirements of this Section shall thereafter be | ||||||
| 24 | permitted to elect a different rate filing option | ||||||
| 25 | consistent with any filing intervals established for a | ||||||
| 26 | general rate case or Multi-Year Rate Plan, as follows: | ||||||
| |||||||
| |||||||
| 1 | (i) An electric utility that initially elected | ||||||
| 2 | to file a Multi-Year Rate Plan and thereafter | ||||||
| 3 | elects to transition to a general rate case may do | ||||||
| 4 | so upon completion of the 4-year Multi-Year Rate | ||||||
| 5 | Plan by filing a general rate case at the same time | ||||||
| 6 | that the utility would have filed its subsequent | ||||||
| 7 | Multi-Year Rate Plan, as specified in paragraph | ||||||
| 8 | (8) of this subsection (d). Notwithstanding this | ||||||
| 9 | election, the annual adjustment of the final year | ||||||
| 10 | of the Multi-Year Rate Plan shall proceed as | ||||||
| 11 | specified in paragraph (6) of subsection (f). | ||||||
| 12 | (ii) An electric utility that initially | ||||||
| 13 | elected to a file general rate case and thereafter | ||||||
| 14 | elects to transition to a Multi-Year Rate Plan may | ||||||
| 15 | do so only at the 4-year filing intervals | ||||||
| 16 | identified by paragraph (8) of this subsection | ||||||
| 17 | (d). | ||||||
| 18 | (10) The Commission shall approve tariffs establishing | ||||||
| 19 | rate design for all delivery service customers unless the | ||||||
| 20 | electric utility makes the election specified in Section | ||||||
| 21 | 16-105.5, in which case the rate design shall be subject | ||||||
| 22 | to the provisions of that Section. | ||||||
| 23 | (11) The Commission shall establish requirements for | ||||||
| 24 | annual performance evaluation reports to be submitted | ||||||
| 25 | annually for performance metrics. Such reports shall | ||||||
| 26 | include, but not be limited to, a description of the | ||||||
| |||||||
| |||||||
| 1 | utility's performance under each metric and an | ||||||
| 2 | identification of any extraordinary events that adversely | ||||||
| 3 | affected the utility's performance. | ||||||
| 4 | (12) For the first Multi-Year Rate Plan, the | ||||||
| 5 | Commission shall consolidate its investigation with the | ||||||
| 6 | proceeding under Section 16-105.17 to establish the | ||||||
| 7 | Multi-Year Integrated Grid Plan no later than 45 days | ||||||
| 8 | after plan filing. | ||||||
| 9 | (13) Where a rate change under a Multi-Year Rate Plan | ||||||
| 10 | will result in a rate increase, an electric utility may | ||||||
| 11 | propose a rate phase-in plan that the Commission shall | ||||||
| 12 | approve with or without modification or deny in its final | ||||||
| 13 | order approving the new delivery services rates. A | ||||||
| 14 | proposed rate phase-in plan under this paragraph (13) must | ||||||
| 15 | allow the new delivery services rates to be implemented in | ||||||
| 16 | no more than 2 steps, as follows: in the first step, at | ||||||
| 17 | least 50% of the approved rate increase must be reflected | ||||||
| 18 | in rates, and, in the second step, 100% of the rate | ||||||
| 19 | increase must be reflected in rates. The second step's | ||||||
| 20 | rates must take effect no later than 12 months after the | ||||||
| 21 | first step's rates were placed into effect. The portion of | ||||||
| 22 | the approved rate increase not implemented in the first | ||||||
| 23 | step shall be recorded on the electric utility's books as | ||||||
| 24 | a regulatory asset, and shall accrue carrying costs to | ||||||
| 25 | ensure that the utility does not recover more or less than | ||||||
| 26 | it otherwise would because of the deferral. This portion | ||||||
| |||||||
| |||||||
| 1 | shall be recovered, with such carrying costs at the | ||||||
| 2 | weighted average cost of capital, through a surcharge | ||||||
| 3 | applied to retail customer bills that (i) begins no later | ||||||
| 4 | than 12 months after the date on which the second step's | ||||||
| 5 | rates went into effect and (ii) is applied over a period | ||||||
| 6 | not to exceed 24 months. Nothing in this paragraph is | ||||||
| 7 | intended to limit the Commission's authority to mitigate | ||||||
| 8 | the impact of rates caused by rate plans, or any other | ||||||
| 9 | instance on a revenue-neutral basis; nor shall it mitigate | ||||||
| 10 | a utility's ability to make proposals to mitigate the | ||||||
| 11 | impact of rates. When a deferral, or similar method, is | ||||||
| 12 | used to mitigate the impact of rates, the utility should | ||||||
| 13 | be allowed to recover carrying costs. | ||||||
| 14 | (14) Notwithstanding the provisions of paragraph | ||||||
| 15 | Section (13), the Commission may, on its own initiative, | ||||||
| 16 | take revenue-neutral measures to relieve the impact of | ||||||
| 17 | rate increases on customers. Such initiatives may be taken | ||||||
| 18 | by the Commission in the first Multi-Year Rate Plan, | ||||||
| 19 | subsequent multi-year plans, or in other instances | ||||||
| 20 | described in this Act. | ||||||
| 21 | (15) Whenever during the pendency of a Multi-Year | ||||||
| 22 | Multi-year Rate Plan, an electric utility subject to this | ||||||
| 23 | Section becomes aware that, due to circumstances beyond | ||||||
| 24 | its control, prudent operating practices will require the | ||||||
| 25 | utility to make adjustments to the Multi-Year Rate Plan, | ||||||
| 26 | the electric utility may file a petition with the | ||||||
| |||||||
| |||||||
| 1 | Commission requesting modification of the approved annual | ||||||
| 2 | revenue requirements included in the Multi-Year Rate Plan. | ||||||
| 3 | The electric utility must support its request with | ||||||
| 4 | evidence demonstrating why a modification is necessary, | ||||||
| 5 | due to circumstances beyond the utility's control, to | ||||||
| 6 | follow prudent operating practices and must set forth the | ||||||
| 7 | changes to each annual revenue requirement to be approved, | ||||||
| 8 | and the basis for any changes in anticipated operating | ||||||
| 9 | expenses or capital investment levels. The utility shall | ||||||
| 10 | affirmatively address the impact of the changes on the | ||||||
| 11 | Multi-Year Integrated Grid Plan and Multi-Year Rate Plan | ||||||
| 12 | originally submitted and approved by the Commission. Any | ||||||
| 13 | interested party may file an objection to the changes | ||||||
| 14 | proposed, or offer alternatives to the utility's proposal, | ||||||
| 15 | as supported by testimony and evidence. After notice and | ||||||
| 16 | hearing, the Commission shall issue a final order | ||||||
| 17 | regarding the electric utility's request no later than 180 | ||||||
| 18 | days after the filing of the petition. | ||||||
| 19 | (e) Performance incentive mechanisms. | ||||||
| 20 | (1) The electric industry is undergoing rapid | ||||||
| 21 | transformation, including fundamental changes in how | ||||||
| 22 | electricity is generated, procured, and delivered and how | ||||||
| 23 | customers are choosing to participate in the supply and | ||||||
| 24 | delivery of electricity to and from the electric grid. | ||||||
| 25 | Building upon the State's goals to increase the | ||||||
| 26 | procurement of electricity from renewable energy | ||||||
| |||||||
| |||||||
| 1 | resources, including distributed generation and storage | ||||||
| 2 | devices, the General Assembly finds that electric | ||||||
| 3 | utilities should make cost-effective investments that | ||||||
| 4 | support moving forward on Illinois' clean energy policies. | ||||||
| 5 | It is therefore in the State's interest for the Commission | ||||||
| 6 | to establish performance incentive mechanisms in order to | ||||||
| 7 | better tie utility revenues to performance and customer | ||||||
| 8 | benefits, accelerate progress on Illinois energy and other | ||||||
| 9 | goals, ensure equity and affordability of rates for all | ||||||
| 10 | customers, including low-income customers, and hold | ||||||
| 11 | utilities publicly accountable. | ||||||
| 12 | (2) The Commission shall approve, based on the | ||||||
| 13 | substantial evidence proffered in the proceeding initiated | ||||||
| 14 | pursuant to this subsection performance metrics that, to | ||||||
| 15 | the extent practicable and achievable by the electric | ||||||
| 16 | utility, encourage cost-effective, equitable utility | ||||||
| 17 | achievement of the outcomes described in this subsection | ||||||
| 18 | (e) while ensuring no degradation in the significant | ||||||
| 19 | performance improvement achieved through previously | ||||||
| 20 | established performance metrics. For each electric | ||||||
| 21 | utility, the Commission shall approve metrics designed to | ||||||
| 22 | achieve incremental improvements over baseline performance | ||||||
| 23 | values and targets, over a performance period of up to 10 | ||||||
| 24 | years, and no less than 4 years. | ||||||
| 25 | (A) The Commission shall approve no more than 8 | ||||||
| 26 | metrics, with at least one metric from each of the | ||||||
| |||||||
| |||||||
| 1 | categories below, for each electric utility, from | ||||||
| 2 | items subparagraphs (i) through (vi) of this | ||||||
| 3 | subparagraph subsection (A). Upon a utility request, | ||||||
| 4 | the Commission may approve the use of a specific, | ||||||
| 5 | measurable, and achievable tracking metric described | ||||||
| 6 | in paragraph (3) of this subsection (e) as a | ||||||
| 7 | performance metric pursuant to paragraph (2) of this | ||||||
| 8 | subsection (e). | ||||||
| 9 | (i) Metrics designed to ensure the utility | ||||||
| 10 | maintains and improves the high standards of both | ||||||
| 11 | overall and locational reliability and resiliency, | ||||||
| 12 | and makes improvements in power quality, including | ||||||
| 13 | and particularly in environmental justice and | ||||||
| 14 | equity investment eligible communities. | ||||||
| 15 | (ii) Peak load reductions attributable to | ||||||
| 16 | demand response programs. | ||||||
| 17 | (iii) Supplier diversity expansion, including | ||||||
| 18 | diverse contractor participation in professional | ||||||
| 19 | services, subcontracting, and prime contracting | ||||||
| 20 | opportunities, development of programs that | ||||||
| 21 | address the barriers to access, aligning | ||||||
| 22 | demographics of contractors to the demographics in | ||||||
| 23 | the utility's service territory, establish | ||||||
| 24 | long-term mentoring relationships that develop and | ||||||
| 25 | remove barriers to access for diverse and | ||||||
| 26 | underserved contractors. The utilities shall | ||||||
| |||||||
| |||||||
| 1 | provide solutions, resources, and tools to address | ||||||
| 2 | complex barriers of entry related to costly and | ||||||
| 3 | time-intensive cyber security requirements, | ||||||
| 4 | increasingly complex information technology | ||||||
| 5 | requirements, insurance barriers, service provider | ||||||
| 6 | sign-up process barriers, administrative process | ||||||
| 7 | barriers, and other barriers that inhibit access | ||||||
| 8 | to RFPs and contracts. For programs with contracts | ||||||
| 9 | over $1,000,000, winning bidders must demonstrate | ||||||
| 10 | a subcontractor development or mentoring | ||||||
| 11 | relationship with at least one of their diverse | ||||||
| 12 | subcontracting partners for a core component of | ||||||
| 13 | the scope of the project. The mentoring time and | ||||||
| 14 | cost shall be taken into account in the creation | ||||||
| 15 | of RFP and shall include a structured and measured | ||||||
| 16 | plan by the prime contractor to increase the | ||||||
| 17 | capabilities of the subcontractor in their | ||||||
| 18 | proposed scope. The metric shall include reporting | ||||||
| 19 | on all supplier diversity programs by goals, | ||||||
| 20 | program results, demographics and geography, with | ||||||
| 21 | separate reporting by category of minority-owned, | ||||||
| 22 | female-owned, veteran-owned, and disability-owned | ||||||
| 23 | business enterprise metrics. The report shall | ||||||
| 24 | include resources and expenses committed to the | ||||||
| 25 | programs and conversion rates of new diverse | ||||||
| 26 | utility contractors. | ||||||
| |||||||
| |||||||
| 1 | (iv) Achieve affordable customer delivery | ||||||
| 2 | service costs, with particular emphasis on keeping | ||||||
| 3 | the bills of lower-income households, households | ||||||
| 4 | in equity investment eligible communities, and | ||||||
| 5 | household in environmental justice communities | ||||||
| 6 | within a manageable portion of their income and | ||||||
| 7 | adopting credit and collection policies that | ||||||
| 8 | reduce disconnections for these households | ||||||
| 9 | specifically and for customers overall to ensure | ||||||
| 10 | equitable disconnections, late fees, or arrearages | ||||||
| 11 | as a result of utility credit and collection | ||||||
| 12 | practices, which may include consideration of | ||||||
| 13 | impact by zip code. | ||||||
| 14 | (v) Metrics designed around the utility's | ||||||
| 15 | timeliness to customer requests for | ||||||
| 16 | interconnection in key milestone areas, such as: | ||||||
| 17 | initial response, supplemental review, and system | ||||||
| 18 | feasibility study; improved average service | ||||||
| 19 | reliability index for those customers that have | ||||||
| 20 | interconnected a distributed renewable energy | ||||||
| 21 | generation device to the utility's distribution | ||||||
| 22 | system and are lawfully taking service under an | ||||||
| 23 | applicable tariff; offering a variety of | ||||||
| 24 | affordable rate options, including demand | ||||||
| 25 | response, time of use rates for delivery and | ||||||
| 26 | supply, real-time pricing rates for supply; | ||||||
| |||||||
| |||||||
| 1 | comprehensive and predictable net metering, and | ||||||
| 2 | maximizing the benefits of grid modernization and | ||||||
| 3 | clean energy for ratepayers; and improving | ||||||
| 4 | customer access to utility system information | ||||||
| 5 | according to consumer demand and interest. | ||||||
| 6 | (vi) Metrics designed to measure the utility's | ||||||
| 7 | customer service performance, which may include | ||||||
| 8 | the average length of time to answer a customer's | ||||||
| 9 | call by a customer service representative, the | ||||||
| 10 | abandoned call rate and the relative ranking of | ||||||
| 11 | the electric utility, by a reputable third-party | ||||||
| 12 | organization, in customer service satisfaction | ||||||
| 13 | when compared to other similar electric utilities | ||||||
| 14 | in the Midwest region. | ||||||
| 15 | (B) Performance metrics shall include a | ||||||
| 16 | description of the metric, a calculation method, a | ||||||
| 17 | data collection method, annual performance targets, | ||||||
| 18 | and any incentives or penalties for the utility's | ||||||
| 19 | achievement of, or failure to achieve, their | ||||||
| 20 | performance targets, provided that the total amount of | ||||||
| 21 | potential incentives and penalties shall be | ||||||
| 22 | symmetrical. Incentives shall be rewards or penalties | ||||||
| 23 | or both, reflected as basis points added to, or | ||||||
| 24 | subtracted from, the utility's cost of equity. The | ||||||
| 25 | metrics and incentives shall apply for the entire time | ||||||
| 26 | period covered by a Multi-Year Rate Plan. The total | ||||||
| |||||||
| |||||||
| 1 | for all metrics shall be equal to 40 basis points, | ||||||
| 2 | however, the Commission may adjust the basis points | ||||||
| 3 | upward or downward by up to 20 basis points for any | ||||||
| 4 | given Multi-Year Rate Plan, as appropriate, but in no | ||||||
| 5 | event may the total exceed 60 basis points or fall | ||||||
| 6 | below 20 basis points. | ||||||
| 7 | (C) Metrics related to reliability shall be | ||||||
| 8 | implemented to ensure equitable benefits to | ||||||
| 9 | environmental justice and equity investment eligible | ||||||
| 10 | communities, as defined in this Act. | ||||||
| 11 | (D) The Commission shall approve performance | ||||||
| 12 | metrics that are reasonably within control of the | ||||||
| 13 | utility to achieve. The Commission also shall not | ||||||
| 14 | approve a metric that is solely expected to have the | ||||||
| 15 | effect of reducing the workforce. Performance metrics | ||||||
| 16 | should measure outcomes and actual, rather than | ||||||
| 17 | projected, results where possible. Nothing in this | ||||||
| 18 | subparagraph paragraph is intended to require that | ||||||
| 19 | different electric utilities must be subject to the | ||||||
| 20 | same metrics, goals, or incentives. | ||||||
| 21 | (E) Increases or enhancements to an existing | ||||||
| 22 | performance goal or target shall be considered in | ||||||
| 23 | light of other metrics, cost-effectiveness, and other | ||||||
| 24 | factors the Commission deems appropriate. Performance | ||||||
| 25 | metrics shall include one year of tracking data | ||||||
| 26 | collected in a consistent manner, verifiable by an | ||||||
| |||||||
| |||||||
| 1 | independent evaluator in order to establish a baseline | ||||||
| 2 | and measure outcomes and actual results against | ||||||
| 3 | projections where possible. | ||||||
| 4 | (F) For the purpose of determining reasonable | ||||||
| 5 | performance metrics and related incentives, the | ||||||
| 6 | Commission shall develop a methodology to calculate | ||||||
| 7 | net benefits that includes customer and societal costs | ||||||
| 8 | and benefits and quantifies the effect on delivery | ||||||
| 9 | rates. In determining the appropriate level of a | ||||||
| 10 | performance incentive, the Commission shall consider: | ||||||
| 11 | the extent to which the amount is likely to encourage | ||||||
| 12 | the utility to achieve the performance target in the | ||||||
| 13 | least cost manner; the value of benefits to customers, | ||||||
| 14 | the grid, public health and safety, and the | ||||||
| 15 | environment from achievement of the performance | ||||||
| 16 | target, including in particular benefits to equity | ||||||
| 17 | investment eligible community; the affordability of | ||||||
| 18 | customer's electric bills, including low-income | ||||||
| 19 | customers, the utility's revenue requirement, the | ||||||
| 20 | promotion of renewable and distributed energy, and | ||||||
| 21 | other such factors that the Commission deems | ||||||
| 22 | appropriate. The consideration of these factors shall | ||||||
| 23 | result in an incentive level that ensures benefits | ||||||
| 24 | exceed costs for customers. | ||||||
| 25 | (G) Achievement of performance metrics are based | ||||||
| 26 | on the assumptions that the utility will adopt or | ||||||
| |||||||
| |||||||
| 1 | implement the technology and equipment, and make the | ||||||
| 2 | investments to the extent reasonably necessary to | ||||||
| 3 | achieve the goal. If the electric utility is unable to | ||||||
| 4 | meet the performance metrics as a result of | ||||||
| 5 | extraordinary circumstances outside of its control, | ||||||
| 6 | including, but not limited to, government-declared | ||||||
| 7 | emergencies, then the utility shall be permitted to | ||||||
| 8 | file a petition with the Commission requesting that | ||||||
| 9 | the utility be excused from compliance with the | ||||||
| 10 | applicable performance goal or goals and the | ||||||
| 11 | associated financial incentives and penalties. The | ||||||
| 12 | burden of proof shall be on the utility, consistent | ||||||
| 13 | with Article IX, and the utility's petition shall be | ||||||
| 14 | supported by substantial evidence. The Commission | ||||||
| 15 | shall, after notice and hearing, enter its order | ||||||
| 16 | approving or denying, in whole or in part, the | ||||||
| 17 | utility's petition based on the extent to which the | ||||||
| 18 | utility demonstrated that its achievement of the | ||||||
| 19 | affected metrics and performance goals was hindered by | ||||||
| 20 | extraordinary circumstances outside of the utility's | ||||||
| 21 | control. | ||||||
| 22 | (3) The Commission shall approve reasonable and | ||||||
| 23 | appropriate tracking metrics to collect and monitor data | ||||||
| 24 | for the purpose of measuring and reporting utility | ||||||
| 25 | performance and for establishing future performance | ||||||
| 26 | metrics. These additional tracking metrics shall include | ||||||
| |||||||
| |||||||
| 1 | at least one metric from each of the following categories | ||||||
| 2 | of performance: | ||||||
| 3 | (A) Minimize emissions of greenhouse gases and | ||||||
| 4 | other air pollutants that harm human health, | ||||||
| 5 | particularly in environmental justice and equity | ||||||
| 6 | investment eligible communities, through minimizing | ||||||
| 7 | total emissions by accelerating electrification of | ||||||
| 8 | transportation, buildings, and industries where such | ||||||
| 9 | electrification results in net reductions, across all | ||||||
| 10 | fuels and over the life of electrification measures, | ||||||
| 11 | of greenhouse gases and other pollutants, taking into | ||||||
| 12 | consideration the fuel mix used to produce electricity | ||||||
| 13 | at the relevant hour and the effect of accelerating | ||||||
| 14 | electrification on electricity delivery services | ||||||
| 15 | rates, supply prices, and peak demand, provided the | ||||||
| 16 | revenues the utility receives from accelerating | ||||||
| 17 | electrification of transportation, buildings, and | ||||||
| 18 | industries exceed the costs. | ||||||
| 19 | (B) Enhance the grid's flexibility to adapt to | ||||||
| 20 | increased deployment of nondispatchable resources, | ||||||
| 21 | improve the ability and performance of the grid on | ||||||
| 22 | load balancing, and offer a variety of rate plans to | ||||||
| 23 | match consumer consumption patterns and lower consumer | ||||||
| 24 | bills for electricity delivery and supply. | ||||||
| 25 | (C) Ensure rates reflect cost savings attributable | ||||||
| 26 | to grid modernization and utilize distributed energy | ||||||
| |||||||
| |||||||
| 1 | resources that allow the utility to defer or forgo | ||||||
| 2 | traditional grid investments that would otherwise be | ||||||
| 3 | required to provide safe and reliable service. | ||||||
| 4 | (D) Metrics designed to create and sustain | ||||||
| 5 | full-time-equivalent jobs and opportunities for all | ||||||
| 6 | segments of the population and workforce, including | ||||||
| 7 | minority-owned businesses, women-owned businesses, | ||||||
| 8 | veteran-owned businesses, and businesses owned by a | ||||||
| 9 | person or persons with a disability, and that do not, | ||||||
| 10 | consistent with State and federal law, discriminate | ||||||
| 11 | based on race or socioeconomic status as a result of | ||||||
| 12 | Public Act 102-662 this amendatory Act of the 102nd | ||||||
| 13 | General Assembly. | ||||||
| 14 | (E) Maximize and prioritize the allocation of grid | ||||||
| 15 | planning benefits to environmental justice and | ||||||
| 16 | economically disadvantaged customers and communities, | ||||||
| 17 | such that all metrics provide equitable benefits | ||||||
| 18 | across the utility's service territory and maintain | ||||||
| 19 | and improve utility customers' access to uninterrupted | ||||||
| 20 | utility services. | ||||||
| 21 | (4) The Commission may establish new tracking and | ||||||
| 22 | performance metrics in future Multi-Year Rate Plans to | ||||||
| 23 | further measure achievement of the outcomes set forth in | ||||||
| 24 | paragraph (2) of subsection (f) of this Section and the | ||||||
| 25 | other goals and requirements of this Section. | ||||||
| 26 | (5) The Commission shall also evaluate metrics that | ||||||
| |||||||
| |||||||
| 1 | were established in prior Multi-Year Rate Plans to | ||||||
| 2 | determine if there has been an unanticipated material | ||||||
| 3 | change in circumstances such that adjustments are required | ||||||
| 4 | to improve the likelihood of the outcomes described in | ||||||
| 5 | paragraph (2) of subsection (f). For metrics that were | ||||||
| 6 | established in prior Multi-Year Rate Plan proceedings and | ||||||
| 7 | that the Commission elects to continue, the design of | ||||||
| 8 | these metrics, including the goals of tracking metrics and | ||||||
| 9 | the targets and incentive levels and structures of | ||||||
| 10 | performance metrics, may be adjusted pursuant to the | ||||||
| 11 | requirements in this Section. The Commission may also | ||||||
| 12 | change, adjust, or phase out tracking and performance | ||||||
| 13 | metrics that were established in prior Multi-Year Rate | ||||||
| 14 | Plan proceedings if these metrics no longer meet the | ||||||
| 15 | requirements of this Section or if they are rendered | ||||||
| 16 | obsolete by the changing needs and technology of an | ||||||
| 17 | evolving grid. Additionally, performance metrics that no | ||||||
| 18 | longer require an incentive to create improved utility | ||||||
| 19 | performance may become tracking metrics in a Multi-Year | ||||||
| 20 | Rate Plan proceeding. | ||||||
| 21 | (6) The Commission shall initiate a workshop process | ||||||
| 22 | no later than August 1, 2021, or 15 days after September | ||||||
| 23 | 15, 2021 (the effective date of Public Act 102-662) this | ||||||
| 24 | amendatory Act of the 102nd General Assembly, whichever is | ||||||
| 25 | later, for the purpose of facilitating the development of | ||||||
| 26 | metrics for each utility. The workshop shall be | ||||||
| |||||||
| |||||||
| 1 | coordinated by the staff of the Commission, or a | ||||||
| 2 | facilitator retained by staff, and shall be organized and | ||||||
| 3 | facilitated in a manner that encourages representation | ||||||
| 4 | from diverse stakeholders and ensures equitable | ||||||
| 5 | opportunities for participation, without requiring formal | ||||||
| 6 | intervention or representation by an attorney. Working | ||||||
| 7 | with staff of the Commission the facilitator may conduct a | ||||||
| 8 | combination of workshops specific to a utility or | ||||||
| 9 | applicable to multiple utilities where content and | ||||||
| 10 | stakeholders are substantially similar. The workshop | ||||||
| 11 | process shall conclude no later than October 31, 2021. | ||||||
| 12 | Following the workshop, the staff of the Commission, or | ||||||
| 13 | the facilitator retained by the Staff, shall prepare and | ||||||
| 14 | submit a report to the Commission that identifies the | ||||||
| 15 | participants in the process, the metrics proposed during | ||||||
| 16 | the process, any material issues that remained unresolved | ||||||
| 17 | at the conclusions of such process, and any | ||||||
| 18 | recommendations for workshop process improvements. Any | ||||||
| 19 | workshop participant may file comments and reply comments | ||||||
| 20 | in response to the Staff report. | ||||||
| 21 | (A) No later than January, 20, 2022, each electric | ||||||
| 22 | utility that intends to file a petition pursuant to | ||||||
| 23 | subsection (b) of this Section shall file a petition | ||||||
| 24 | with the Commission seeking approval of its | ||||||
| 25 | performance metrics, which shall include for each | ||||||
| 26 | metric, at a minimum, (i) a detailed description, (ii) | ||||||
| |||||||
| |||||||
| 1 | the calculation of the baseline, (iii) the performance | ||||||
| 2 | period and overall performance goal, provided that the | ||||||
| 3 | performance period shall not commence prior to January | ||||||
| 4 | 1, 2024, (iv) each annual performance goal, (v) the | ||||||
| 5 | performance adjustment, which shall be a symmetrical | ||||||
| 6 | basis point increase or decrease to the utility's cost | ||||||
| 7 | of equity based on the extent to which the utility | ||||||
| 8 | achieved the annual performance goal, and (vi) the new | ||||||
| 9 | or modified tariff mechanism that will apply the | ||||||
| 10 | performance adjustments. The Commission shall issue | ||||||
| 11 | its order approving, or approving with modification, | ||||||
| 12 | the utility's proposed performance metrics no later | ||||||
| 13 | than September 30, 2022. | ||||||
| 14 | (B) No later than August 1, 2025, the Commission | ||||||
| 15 | shall initiate a workshop process that conforms to the | ||||||
| 16 | workshop purpose and requirements of this paragraph | ||||||
| 17 | (6) of this Section to the extent they do not conflict. | ||||||
| 18 | The workshop process shall conclude no later than | ||||||
| 19 | October 31, 2025, and the staff of the Commission, or | ||||||
| 20 | the facilitator retained by the Staff, shall prepare | ||||||
| 21 | and submit a report consistent with the requirements | ||||||
| 22 | described in this paragraph (6) of this Section. No | ||||||
| 23 | later than January 20, 2026, each electric utility | ||||||
| 24 | subject to the requirements of this Section shall file | ||||||
| 25 | a petition the reflects, and is consistent with, the | ||||||
| 26 | components required in this paragraph (6) of this | ||||||
| |||||||
| |||||||
| 1 | Section, and the Commission shall issue its order | ||||||
| 2 | approving, or approving with modification, the | ||||||
| 3 | utility's proposed performance metrics no later than | ||||||
| 4 | September 30, 2026. | ||||||
| 5 | (f) On May 1 of each year, following the approval of the | ||||||
| 6 | first Multi-Year Rate Plan and its initial year, the | ||||||
| 7 | Commission shall open an annual performance evaluation | ||||||
| 8 | proceeding to evaluate the utilities' performance on their | ||||||
| 9 | metric targets during the year just completed, as well as the | ||||||
| 10 | appropriate Annual Adjustment as defined in paragraph (6). The | ||||||
| 11 | Commission shall determine the performance and annual | ||||||
| 12 | adjustments to be applied through a surcharge in the following | ||||||
| 13 | calendar year. | ||||||
| 14 | (1) On February 15 of each year, prior to the annual | ||||||
| 15 | performance evaluation proceeding, each utility shall file | ||||||
| 16 | a performance evaluation report with the Commission that | ||||||
| 17 | includes a description of and all data supporting how the | ||||||
| 18 | utility performed under each performance metric and an | ||||||
| 19 | identification of any extraordinary events that adversely | ||||||
| 20 | impacted the utility's performance. | ||||||
| 21 | (2) The metrics approved under this Section are based | ||||||
| 22 | on the assumptions that the utility may fully implement | ||||||
| 23 | the technology and equipment, and make the investments, | ||||||
| 24 | required to achieve the metrics and performance goals. If | ||||||
| 25 | the utility is unable to meet the metrics and performance | ||||||
| 26 | goals because it was hindered by unanticipated technology | ||||||
| |||||||
| |||||||
| 1 | or equipment implementation delays, government-declared | ||||||
| 2 | emergencies, or other investment impediments, then the | ||||||
| 3 | utility shall be permitted to file a petition with the | ||||||
| 4 | Commission on or before the date that its report is due | ||||||
| 5 | pursuant to paragraph (1) of this subsection (f) | ||||||
| 6 | requesting that the utility be excused from compliance | ||||||
| 7 | with the applicable performance goal or goals. The burden | ||||||
| 8 | of proof shall be on the utility, consistent with Article | ||||||
| 9 | IX, and the utility's petition shall be supported by | ||||||
| 10 | substantial evidence. No later than 90 days after the | ||||||
| 11 | utility files its petition, the Commission shall, after | ||||||
| 12 | notice and hearing, enter its order approving or denying, | ||||||
| 13 | in whole or in part, the utility's petition based on the | ||||||
| 14 | extent to which the utility demonstrated that its | ||||||
| 15 | achievement of the affected metrics and performance goals | ||||||
| 16 | was hindered by unanticipated technology or equipment | ||||||
| 17 | implementation delays, or other investment impediments, | ||||||
| 18 | that were reasonably outside of the utility's control. | ||||||
| 19 | (3) The electric utility shall provide for an annual | ||||||
| 20 | independent evaluation of its performance on metrics. The | ||||||
| 21 | independent evaluator shall review the utility's | ||||||
| 22 | assumptions, baselines, targets, calculation | ||||||
| 23 | methodologies, and other relevant information, especially | ||||||
| 24 | ensuring that the utility's data for establishing | ||||||
| 25 | baselines matches actual performance, and shall provide a | ||||||
| 26 | report to the Commission in each annual performance | ||||||
| |||||||
| |||||||
| 1 | evaluation describing the results. The independent | ||||||
| 2 | evaluator shall present this report as evidence as a | ||||||
| 3 | nonparty participant and shall not be represented by the | ||||||
| 4 | utility's legal counsel. The independent evaluator shall | ||||||
| 5 | be hired through a competitive bidding process with | ||||||
| 6 | approval of the contract by the Commission. | ||||||
| 7 | The Commission shall consider the report of the | ||||||
| 8 | independent evaluator in determining the utility's | ||||||
| 9 | achievement of performance targets. Discrepancies between | ||||||
| 10 | the utility's assumptions, baselines, targets, or | ||||||
| 11 | calculations and those of the independent evaluator shall | ||||||
| 12 | be closely scrutinized by the Commission. If the | ||||||
| 13 | Commission finds that the utility's reported data for any | ||||||
| 14 | metric or metrics significantly and incorrectly deviates | ||||||
| 15 | from the data reported by the independent evaluator, then | ||||||
| 16 | the Commission shall order the utility to revise its data | ||||||
| 17 | collection and calculation process within 60 days, with | ||||||
| 18 | specifications where appropriate. | ||||||
| 19 | (4) The Commission shall, after notice and hearing in | ||||||
| 20 | the annual performance evaluation proceeding, enter an | ||||||
| 21 | order approving the utility's performance adjustment based | ||||||
| 22 | on its achievement of or failure to achieve its | ||||||
| 23 | performance targets no later than December 20 each year. | ||||||
| 24 | The Commission-approved penalties or incentives shall be | ||||||
| 25 | applied beginning with the next calendar year. | ||||||
| 26 | (5) In order to promote the transparency of utility | ||||||
| |||||||
| |||||||
| 1 | investments during the effective period of a multi-year | ||||||
| 2 | rate plan, inform the Commission's investigation and | ||||||
| 3 | adjustment of rates in the annual adjustment process, and | ||||||
| 4 | to facilitate the participation of stakeholders in the | ||||||
| 5 | annual adjustment process, an electric utility with an | ||||||
| 6 | effective Multi-Year Rate Plan shall, within 90 days of | ||||||
| 7 | the close of each quarter during the Multi-Year Rate Plan | ||||||
| 8 | period, submit to the Commission a report that summarizes | ||||||
| 9 | the additions to utility plant that were placed into | ||||||
| 10 | service during the prior quarter, which for purposes of | ||||||
| 11 | the report shall be the most recently closed fiscal | ||||||
| 12 | quarter. The report shall also summarize the utility plant | ||||||
| 13 | the electric utility projects it will place into service | ||||||
| 14 | through the end of the calendar year in which the report is | ||||||
| 15 | filed. The projections, estimates, plans, and | ||||||
| 16 | forward-looking information that are provided in the | ||||||
| 17 | reports pursuant to this paragraph (5) are for planning | ||||||
| 18 | purposes and are intended to be illustrative of the | ||||||
| 19 | investments that the utility proposes to make as of the | ||||||
| 20 | time of submittal. Nothing in this paragraph (5) | ||||||
| 21 | precludes, or is intended to limit, a utility's ability to | ||||||
| 22 | modify and update its projections, estimates, plans, and | ||||||
| 23 | forward-looking information previously submitted in order | ||||||
| 24 | to reflect stakeholder input or other new or updated | ||||||
| 25 | information and analysis, including, but not limited to, | ||||||
| 26 | changes in specific investment needs, customer electric | ||||||
| |||||||
| |||||||
| 1 | use patterns, customer applications and preferences, and | ||||||
| 2 | commercially available equipment and technologies, however | ||||||
| 3 | the utility shall explain any changes or deviations | ||||||
| 4 | between the projected investments from the quarterly | ||||||
| 5 | reports and actual investments in the annual report. The | ||||||
| 6 | reports submitted pursuant to this subsection are intended | ||||||
| 7 | to be flexible planning tools, and are expected to evolve | ||||||
| 8 | as new information becomes available. Within 7 days of | ||||||
| 9 | receiving a quarterly report, the Commission shall timely | ||||||
| 10 | make such report available to the public by posting it on | ||||||
| 11 | the Commission's website. Each quarterly report shall | ||||||
| 12 | include the following detail: | ||||||
| 13 | (A) The total dollar value of the additions to | ||||||
| 14 | utility plant placed in service during the prior | ||||||
| 15 | quarter; | ||||||
| 16 | (B) A list of the major investment categories the | ||||||
| 17 | electric utility used to manage its routine standing | ||||||
| 18 | operational activities during the prior quarter | ||||||
| 19 | including the total dollar amount for the work | ||||||
| 20 | reflected in each investment category in which utility | ||||||
| 21 | plant in service is equal to or greater than | ||||||
| 22 | $2,000,000 for an electric utility that serves more | ||||||
| 23 | than 3,000,000 customers in the State or $500,000 for | ||||||
| 24 | an electric utility that serves less than 3,000,000 | ||||||
| 25 | customers but more than 500,000 customers in the State | ||||||
| 26 | as of the last day of the quarterly reporting period, | ||||||
| |||||||
| |||||||
| 1 | as well as a summary description of each investment | ||||||
| 2 | category; | ||||||
| 3 | (C) A list of the projects which the electric | ||||||
| 4 | utility has identified by a unique investment tracking | ||||||
| 5 | number for utility plant placed in service during the | ||||||
| 6 | prior quarter for utility plant placed in service with | ||||||
| 7 | a total dollar value as of the last day of the | ||||||
| 8 | quarterly reporting period that is equal to or greater | ||||||
| 9 | than $2,000,000 for an electric utility that serves | ||||||
| 10 | more than 3,000,000 customers in the State or $500,000 | ||||||
| 11 | for an electric utility that serves less than | ||||||
| 12 | 3,000,000 retail customers but more than $500,000 | ||||||
| 13 | retail customers in the State, as well as a summary of | ||||||
| 14 | each project; | ||||||
| 15 | (D) The estimated total dollar value of the | ||||||
| 16 | additions to utility plant projected to be placed in | ||||||
| 17 | service through the end of the calendar year in which | ||||||
| 18 | the report is filed; | ||||||
| 19 | (E) A list of the major investment categories the | ||||||
| 20 | electric utility used to manage its routine standing | ||||||
| 21 | operational activities with utility plant projected to | ||||||
| 22 | be placed in service through the end of the calendar | ||||||
| 23 | year in which the report is filed, including the total | ||||||
| 24 | dollar amount for the work reflected in each | ||||||
| 25 | investment category in which utility plant in service | ||||||
| 26 | is projected to be equal to or greater than $2,000,000 | ||||||
| |||||||
| |||||||
| 1 | for an electric utility that serves more than | ||||||
| 2 | 3,000,000 customers in the State or $500,000 for an | ||||||
| 3 | electric utility that serves less than 3,000,000 | ||||||
| 4 | retail customers but more than 500,000 retail | ||||||
| 5 | customers in the State, as well as a summary | ||||||
| 6 | description of each investment category; and | ||||||
| 7 | (F) A list of the projects for which the electric | ||||||
| 8 | utility has identified by a unique investment tracking | ||||||
| 9 | number for utility plant projected to be placed in | ||||||
| 10 | service through the end of the calendar year in which | ||||||
| 11 | the report is filed with an estimated dollar value | ||||||
| 12 | that is equal to or greater than $2,000,000 for an | ||||||
| 13 | electric utility that serves more than 3,000,000 | ||||||
| 14 | customers in the State or $500,000 for an electric | ||||||
| 15 | utility that serves less than 3,000,000 retails | ||||||
| 16 | customers but more than $500,000 retail customers in | ||||||
| 17 | the State, as well as a summary description of each | ||||||
| 18 | project. | ||||||
| 19 | (6) As part of the Annual Performance Adjustment, the | ||||||
| 20 | electric utility shall submit evidence sufficient to | ||||||
| 21 | support a determination of its actual revenue requirement | ||||||
| 22 | for the applicable calendar year, consistent with the | ||||||
| 23 | provisions of paragraphs (d) and (f) of this subsection. | ||||||
| 24 | The electric utility shall bear the burden of | ||||||
| 25 | demonstrating that its costs were prudent and reasonable, | ||||||
| 26 | subject to the provisions of paragraph (4) of this | ||||||
| |||||||
| |||||||
| 1 | subsection (f). The Commission's review of the electric | ||||||
| 2 | utility's annual adjustment shall be based on the same | ||||||
| 3 | evidentiary standards, including, but not limited to, | ||||||
| 4 | those concerning the prudence and reasonableness of the | ||||||
| 5 | known and measurable costs forecasted to be incurred by | ||||||
| 6 | the utility, and the used and usefulness of the actual | ||||||
| 7 | plant investment pursuant to Section 9-211 of this Act, | ||||||
| 8 | that the Commission applies in a proceeding to review a | ||||||
| 9 | filing for changes in rates pursuant to Section 9-201 of | ||||||
| 10 | this Act. The Commission shall determine the prudence and | ||||||
| 11 | reasonableness of the actual costs incurred by the utility | ||||||
| 12 | during the applicable calendar year, as well as determine | ||||||
| 13 | the original cost of plant in service as of the end of the | ||||||
| 14 | applicable calendar year. The Commission shall then | ||||||
| 15 | determine the Annual Adjustment, which shall mean the | ||||||
| 16 | amount by which, the electric utility's actual revenue | ||||||
| 17 | requirement for the applicable year of the Multi-Year Rate | ||||||
| 18 | Plan either exceeded, or was exceeded by, the revenue | ||||||
| 19 | requirement approved by the Commission for such calendar | ||||||
| 20 | year, plus carrying costs calculated at the weighted | ||||||
| 21 | average cost of capital approved for the Multi-Year Rate | ||||||
| 22 | Plan. | ||||||
| 23 | The Commission's determination of the electric | ||||||
| 24 | utility's actual revenue requirement for the applicable | ||||||
| 25 | calendar year shall be based on: | ||||||
| 26 | (A) the Commission-approved used and useful, | ||||||
| |||||||
| |||||||
| 1 | prudent and reasonable actual costs for the applicable | ||||||
| 2 | calendar year, which shall be determined pursuant to | ||||||
| 3 | the following criteria: | ||||||
| 4 | (i) the The overall level of actual costs | ||||||
| 5 | incurred during the calendar year, provided that | ||||||
| 6 | the Commission may not allow recovery of actual | ||||||
| 7 | costs that are more than 105% of the approved | ||||||
| 8 | revenue requirement calculated as provided in item | ||||||
| 9 | (ii) of this subparagraph (A), except to the | ||||||
| 10 | extent the Commission approves a modification of | ||||||
| 11 | the Multi-Year Rate Plan to permit such recovery; . | ||||||
| 12 | (ii) the The calculation of 105% of the | ||||||
| 13 | revenue requirement required by this subparagraph | ||||||
| 14 | (A) shall exclude the revenue requirement impacts | ||||||
| 15 | of the following volatile and fluctuating | ||||||
| 16 | variables that occurred during the year: (i) | ||||||
| 17 | storms and weather-related events for which the | ||||||
| 18 | utility provides sufficient evidence to | ||||||
| 19 | demonstrate that such expenses were not | ||||||
| 20 | foreseeable and not in control of the utility; | ||||||
| 21 | (ii) new business; (iii) changes in interest | ||||||
| 22 | rates; (iv) changes in taxes; (v) facility | ||||||
| 23 | relocations; (vi) changes in pension or | ||||||
| 24 | post-retirement benefits costs due to fluctuations | ||||||
| 25 | in interest rates, market returns or actuarial | ||||||
| 26 | assumptions; (vii) amortization expenses related | ||||||
| |||||||
| |||||||
| 1 | to costs; and (viii) changes in the timing of when | ||||||
| 2 | an expenditure or investment is made such that it | ||||||
| 3 | is accelerated to occur during the applicable year | ||||||
| 4 | or deferred to occur in a subsequent year; . | ||||||
| 5 | (B) the year-end rate base; | ||||||
| 6 | (C) the cost of equity approved in the multi-year | ||||||
| 7 | rate plan; and | ||||||
| 8 | (D) the electric utility's actual year-end capital | ||||||
| 9 | structure, provided that the common equity ratio in | ||||||
| 10 | such capital structure may not exceed the common | ||||||
| 11 | equity ratio that was approved by the Commission in | ||||||
| 12 | the Multi-Year Rate Plan. | ||||||
| 13 | (2) The Commission's determinations of the prudence | ||||||
| 14 | and reasonableness of the costs incurred for the | ||||||
| 15 | applicable year, and of the original cost of plant in | ||||||
| 16 | service as of the end of the applicable calendar year, | ||||||
| 17 | shall be final upon entry of the Commission's order and | ||||||
| 18 | shall not be subject to collateral attack in any other | ||||||
| 19 | Commission proceeding, case, docket, order, rule, or | ||||||
| 20 | regulation; however, nothing in this Section shall | ||||||
| 21 | prohibit a party from petitioning the Commission to rehear | ||||||
| 22 | or appeal to the courts the order pursuant to the | ||||||
| 23 | provisions of this Act. | ||||||
| 24 | (g) During the period leading to approval of the first | ||||||
| 25 | Multi-Year Integrated Grid Plan, each electric utility will | ||||||
| 26 | necessarily continue to invest in its distribution grid. Those | ||||||
| |||||||
| |||||||
| 1 | investments will be subject to a determination of prudence and | ||||||
| 2 | reasonableness consistent with Commission practice and law. | ||||||
| 3 | Any failure to conform to the Multi-Year Integrated Grid Plan | ||||||
| 4 | ultimately approved shall not imply imprudence or | ||||||
| 5 | unreasonableness. | ||||||
| 6 | (h) After calculating the Performance Adjustment and | ||||||
| 7 | Annual Adjustment, the Commission shall order the electric | ||||||
| 8 | utility to collect the amount in excess of the revenue | ||||||
| 9 | requirement from customers, or issue a refund to customers, as | ||||||
| 10 | applicable, to be applied through a surcharge beginning with | ||||||
| 11 | the next calendar year. | ||||||
| 12 | Electric utilities subject to the requirements of this | ||||||
| 13 | Section shall be permitted to file new or revised tariffs to | ||||||
| 14 | comply with the provisions of, and Commission orders entered | ||||||
| 15 | pursuant to, this Section. | ||||||
| 16 | (Source: P.A. 102-662, eff. 9-15-21; revised 7-19-24.)
| ||||||
| 17 | Section 810. The Illinois Underground Utility Facilities | ||||||
| 18 | Damage Prevention Act is amended by changing Sections 2, 4.1, | ||||||
| 19 | 10, and 12 as follows:
| ||||||
| 20 | (220 ILCS 50/2) (from Ch. 111 2/3, par. 1602) | ||||||
| 21 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 22 | context clearly otherwise requires, the terms specified in | ||||||
| 23 | this Section have the meanings ascribed to them in this | ||||||
| 24 | Section. | ||||||
| |||||||
| |||||||
| 1 | "Approximate location" means the location of the marked | ||||||
| 2 | facility that lies entirely within the tolerance zone. | ||||||
| 3 | Circumstances that are "beyond the reasonable control" of | ||||||
| 4 | a party include, but are not limited to, severe weather, | ||||||
| 5 | unforeseen mechanical issues, or site conditions. As used in | ||||||
| 6 | Section 11, "beyond the reasonable control" also includes, but | ||||||
| 7 | is not limited to, notice volumes or dig site notification | ||||||
| 8 | areas that exceed historical averages, as determined by the | ||||||
| 9 | reasonable control measurement, created as a result of | ||||||
| 10 | underground utility facility owners or operators or their | ||||||
| 11 | contractors or subcontractors' non-emergency requests for | ||||||
| 12 | utility excavation work for underground utility facility | ||||||
| 13 | owners or operators, that is not part of a large project that | ||||||
| 14 | has provided at least 60 days' days notice, and only applies to | ||||||
| 15 | the requests submitted by underground utility facility owners | ||||||
| 16 | or operators or their contractors or subcontractors' | ||||||
| 17 | non-emergency utility excavation work for underground utility | ||||||
| 18 | facility owners or operators. | ||||||
| 19 | "Damage" means the contact or dislocation of a facility | ||||||
| 20 | during excavation or demolition that necessitates immediate or | ||||||
| 21 | subsequent repair by the underground utility facility owner or | ||||||
| 22 | operator due to any partial or complete destruction of the | ||||||
| 23 | facility, including, but not limited to, the protective | ||||||
| 24 | coating, tracer wire, lateral support, cathodic protection, or | ||||||
| 25 | housing for the line or device of the facility. | ||||||
| 26 | "Damage notification" means a notification through JULIE | ||||||
| |||||||
| |||||||
| 1 | to the underground utility facility owner or operator that | ||||||
| 2 | damage to a facility has occurred in the area of the excavation | ||||||
| 3 | or demolition. | ||||||
| 4 | "Day" means any day, beginning at 12:00 a.m. and ending at | ||||||
| 5 | 11:59 p.m. "Day" does not include holidays recognized by | ||||||
| 6 | JULIE, Saturdays, Sundays, and the day of the actual notice. | ||||||
| 7 | "Demolition" means the wrecking, razing, rending, moving, | ||||||
| 8 | or removing of a structure by means of any power tool, power | ||||||
| 9 | equipment (exclusive of transportation equipment), or | ||||||
| 10 | explosives. | ||||||
| 11 | "Emergency request" means a request involving a condition | ||||||
| 12 | (1) that constitutes an imminent danger to life, health, or | ||||||
| 13 | property or a utility service outage (2) and that requires | ||||||
| 14 | repair or action before the expiration of 2 days. | ||||||
| 15 | "Excavation" means: | ||||||
| 16 | (1) any operation in which earth, rock, or other | ||||||
| 17 | material in or on the ground is moved, removed, or | ||||||
| 18 | otherwise displaced by means of any tools, power equipment | ||||||
| 19 | or explosives, and includes, without limitation, grading, | ||||||
| 20 | trenching, digging, ditching, drilling, augering, boring, | ||||||
| 21 | tunneling, scraping, cable or pipe plowing, saw cutting or | ||||||
| 22 | roadway surface milling when penetrating into the base or | ||||||
| 23 | subbase of a paved surface, and driving, but does not | ||||||
| 24 | include: | ||||||
| 25 | (A) farm tillage operations; | ||||||
| 26 | (B) railroad right-of-way maintenance; | ||||||
| |||||||
| |||||||
| 1 | (C) coal mining operations regulated under the | ||||||
| 2 | federal Surface Mining Control and Reclamation Act of | ||||||
| 3 | 1977 or any State law or rules or regulations adopted | ||||||
| 4 | under the federal statute; | ||||||
| 5 | (D) land surveying operations as defined in the | ||||||
| 6 | Illinois Professional Land Surveyor Act of 1989 when | ||||||
| 7 | not using power equipment; | ||||||
| 8 | (E) roadway surface milling; | ||||||
| 9 | (F) manually inserting, without the use of power | ||||||
| 10 | equipment, a temporary round-tipped ground or probe | ||||||
| 11 | rod as part of facility locating; | ||||||
| 12 | (G) manually inserting, without the use of power | ||||||
| 13 | equipment, a temporary round-tipped probe rod for bar | ||||||
| 14 | holing to determine the area of a potential leak from a | ||||||
| 15 | facility transporting hazardous gases or liquids; or | ||||||
| 16 | (H) manually inserting, without the use of power | ||||||
| 17 | equipment, a round-tipped ground rod for the purpose | ||||||
| 18 | of grounding utility equipment when an emergency | ||||||
| 19 | exists and no other ground source is available. | ||||||
| 20 | (2) An exclusion to this Section in no way prohibits a | ||||||
| 21 | request from being made for the marking of facilities. | ||||||
| 22 | (3) Any exception to excavation contained within this | ||||||
| 23 | Section is not intended to remove liability that may be | ||||||
| 24 | imposed against an individual or entity because of damage | ||||||
| 25 | caused to a facility. | ||||||
| 26 | "Excavator" means any person or legal entity, public or | ||||||
| |||||||
| |||||||
| 1 | private, that engages in excavation or demolition work. | ||||||
| 2 | "Exposed notification" means a notification through JULIE | ||||||
| 3 | to the underground utility facility owner or operator that an | ||||||
| 4 | unmarked facility has been exposed in the area of the | ||||||
| 5 | excavation or demolition but has not been damaged. | ||||||
| 6 | "Extension" means a request made by an excavator, to | ||||||
| 7 | extend the expiration date of a normal notice to allow | ||||||
| 8 | additional time to continue or complete the excavation or | ||||||
| 9 | demolition project. | ||||||
| 10 | (1) An extension request may be made no earlier than | ||||||
| 11 | the 20th day from the initial normal notice request or | ||||||
| 12 | latest extension request. | ||||||
| 13 | (2) An extension request shall extend the expiration | ||||||
| 14 | of the initial normal notice request or latest extension | ||||||
| 15 | request by 25 days. | ||||||
| 16 | (3) An extension request may not be made simply to | ||||||
| 17 | keep a prior notice open without continued excavation | ||||||
| 18 | occurring within the period of that subsequent notice. | ||||||
| 19 | "Geographic information system data" means data to be | ||||||
| 20 | applied to JULIE software to facilitate a more clearly defined | ||||||
| 21 | notification area for notices sent to the system underground | ||||||
| 22 | utility facility owners or operators. "Geographic information | ||||||
| 23 | system data" includes, but is not limited to: | ||||||
| 24 | (1) address points with site addresses; | ||||||
| 25 | (2) parcels with site addresses; | ||||||
| 26 | (3) road center lines with names and address range; | ||||||
| |||||||
| |||||||
| 1 | (4) city limits with names; | ||||||
| 2 | (5) political townships with names; | ||||||
| 3 | (6) railroads with names; | ||||||
| 4 | (7) streams with names; and | ||||||
| 5 | (8) water bodies with names. | ||||||
| 6 | "Historical averages" are used to determine benchmark | ||||||
| 7 | notice volumes or dig site notification areas for a particular | ||||||
| 8 | place. The notice volume is calculated for new and updated | ||||||
| 9 | requests requiring an underground utility facility owner or | ||||||
| 10 | operator response. It shall not include notices with a header | ||||||
| 11 | of no show noshow, incomplete, or no re-mark noremark. The dig | ||||||
| 12 | site notification area is calculated using the dig site | ||||||
| 13 | polygon on the notice. The 7-day 7 day look back shall be | ||||||
| 14 | calculated once daily at the conclusion of the previous | ||||||
| 15 | calendar day. "Historic averages" shall be determined by | ||||||
| 16 | comparing notice volumes or dig site notification areas over | ||||||
| 17 | the immediate past 7 calendar days to the same 7 calendar day | ||||||
| 18 | period for the past 5 years. A 5-year trimmed mean, removing | ||||||
| 19 | the highest and lowest years, and averaging the remaining 3 | ||||||
| 20 | years, shall be the final determinant determinate of this | ||||||
| 21 | measurement. The official measurement of the notice volumes or | ||||||
| 22 | dig site notification areas shall be provided by JULIE. | ||||||
| 23 | "Incomplete request" means a notice initiated by an | ||||||
| 24 | excavator through JULIE to the underground utility facility | ||||||
| 25 | owners or operators notified in a prior request that such | ||||||
| 26 | underground utility facility owners or operators, as | ||||||
| |||||||
| |||||||
| 1 | identified by the excavator and confirmed, through the | ||||||
| 2 | positive response system once implemented, in accordance with | ||||||
| 3 | subsection (a) of Section 5.1, did not completely mark the | ||||||
| 4 | entire extent or the entire segment of the proposed | ||||||
| 5 | excavation, as identified on the prior notice or as previously | ||||||
| 6 | documented and mutually agreed upon. | ||||||
| 7 | "Joint meet notification" means a notice of a meeting held | ||||||
| 8 | prior to the excavation phase to discuss projects that cannot | ||||||
| 9 | be adequately communicated within a normal notice request. The | ||||||
| 10 | meeting is intended to allow the exchange of maps, plans, or | ||||||
| 11 | schedules. It is not a locating session and shall be held at or | ||||||
| 12 | near the excavation site, or through electronic means, if | ||||||
| 13 | available and agreed to by all parties. "Joint meet | ||||||
| 14 | notification" are not to be used in lieu of valid normal notice | ||||||
| 15 | requests and are required for, but not limited to, large | ||||||
| 16 | projects. | ||||||
| 17 | "JULIE, Inc." or "JULIE" means the communication system | ||||||
| 18 | known as "JULIE, Inc." or "JULIE", utilized by excavators, | ||||||
| 19 | designers, or any other entities covered by this Act to notify | ||||||
| 20 | underground utility facility owners or operators of their | ||||||
| 21 | intent to perform excavation or demolition or similar work as | ||||||
| 22 | defined by this Act and shall include all underground utility | ||||||
| 23 | facilities owned or operated outside the city limits of the | ||||||
| 24 | City of Chicago. | ||||||
| 25 | "Large project" means a single excavation that exceeds the | ||||||
| 26 | expiration date of a normal notice request, or involves a | ||||||
| |||||||
| |||||||
| 1 | series of repetitive, related-scope excavations. | ||||||
| 2 | "Normal notice request" means a notification made by an | ||||||
| 3 | excavator, through JULIE, in advance of a planned excavation | ||||||
| 4 | or demolition. | ||||||
| 5 | (1) The notification shall be made at least 2 days, | ||||||
| 6 | but no more than 10 days, before beginning the planned | ||||||
| 7 | excavation or demolition. | ||||||
| 8 | (2) Excavation or demolition on a normal notice | ||||||
| 9 | request is valid for 25 days from the date of the initial | ||||||
| 10 | request unless a subsequent extension request is made. | ||||||
| 11 | (3) Normal notice requests shall be limited to one | ||||||
| 12 | quarter of a contiguous mile within a municipality and one | ||||||
| 13 | contiguous mile within any unincorporated area, which | ||||||
| 14 | includes townships. | ||||||
| 15 | (4) Normal notice requests are valid for a single | ||||||
| 16 | right-of-way with an exception for intersecting | ||||||
| 17 | rights-of-way of 250 feet in all directions. Any | ||||||
| 18 | excavation continuing beyond 250 feet on a connecting | ||||||
| 19 | right-of-way shall require an additional request. | ||||||
| 20 | "No show request" means a notice initiated by an excavator | ||||||
| 21 | through JULIE to the underground utility facility owners or | ||||||
| 22 | operators notified in the prior notice that such underground | ||||||
| 23 | utility facility owners or operators, as identified by the | ||||||
| 24 | excavator and confirmed, once implemented, in accordance with | ||||||
| 25 | subsection (a) of Section 5.1, either failed to mark their | ||||||
| 26 | facilities or to communicate their non-involvement with the | ||||||
| |||||||
| |||||||
| 1 | excavation prior to the dig start date and time on the notice. | ||||||
| 2 | "Notice" means any record transmitted to an underground | ||||||
| 3 | utility facility owner or operator of JULIE which shall | ||||||
| 4 | include, but not be limited to, cancel, damage, emergency, | ||||||
| 5 | exposed, extension, incomplete, joint meet, no show, normal, | ||||||
| 6 | planning design, or re-mark. | ||||||
| 7 | "Open cut utility locate" means a method of locating | ||||||
| 8 | facilities that requires excavation by the underground utility | ||||||
| 9 | facility owner or operator, or their contractor or | ||||||
| 10 | subcontractor. | ||||||
| 11 | "Place" means any incorporated city, village or town, or | ||||||
| 12 | unincorporated township or road district, listed within the | ||||||
| 13 | JULIE database. | ||||||
| 14 | "Planning design request" means the process prior to the | ||||||
| 15 | excavation phase of a project where information is gathered | ||||||
| 16 | and decisions are made regarding the route or location of a | ||||||
| 17 | proposed excavation. The use of the information that is | ||||||
| 18 | obtainable pursuant to this Section is intended to minimize | ||||||
| 19 | delays of future construction projects and not for imminent | ||||||
| 20 | excavation. The underground utility facility owner or operator | ||||||
| 21 | may indicate any portion of the information that is | ||||||
| 22 | proprietary and require the planner or designer to protect the | ||||||
| 23 | proprietary information. | ||||||
| 24 | "Positive response system" means an automated system | ||||||
| 25 | facilitated by JULIE allowing underground utility facility | ||||||
| 26 | owners or operators to communicate to an excavator the | ||||||
| |||||||
| |||||||
| 1 | presence, absence, or response status of any conflict between | ||||||
| 2 | the existing facilities in or near the area of excavation or | ||||||
| 3 | demolition on each notice received. | ||||||
| 4 | "Pre-mark" means the use of white paint, chalk, lathe, | ||||||
| 5 | whiskers, flags, or electronic white lining using lines or | ||||||
| 6 | polygons to delineate the work area at the site of the proposed | ||||||
| 7 | excavation or demolition. Unless otherwise stated on the | ||||||
| 8 | request, all pre-marks are considered a request for a 5-foot | ||||||
| 9 | radius of an above ground fixed structure or single point | ||||||
| 10 | pre-mark, or a 10-foot-wide path for linear work. | ||||||
| 11 | (1) Physical pre-marking for the area of the planned | ||||||
| 12 | excavation or demolition shall be accomplished prior to | ||||||
| 13 | notifying JULIE if the area of excavation cannot be | ||||||
| 14 | clearly and adequately identified in the normal notice | ||||||
| 15 | request. | ||||||
| 16 | (2) Electronic white lining may be used when | ||||||
| 17 | available. Electronic white lining provides an alternative | ||||||
| 18 | method where an excavator may indicate their defined dig | ||||||
| 19 | area visually by electronic data entry, including lines or | ||||||
| 20 | polygons, without the need for a physical site visit. The | ||||||
| 21 | technology allows the excavator to identify for the | ||||||
| 22 | underground utility facility owner or operator a clear | ||||||
| 23 | delineation of their proposed excavation area. | ||||||
| 24 | (3) A verbal or written pre-mark is adequate when the | ||||||
| 25 | scope requested to be marked is narrow and explicit enough | ||||||
| 26 | to prevent marking beyond the actual area of excavation or | ||||||
| |||||||
| |||||||
| 1 | demolition. An existing above ground fixed structure may | ||||||
| 2 | be referenced as a verbal or written pre-mark. | ||||||
| 3 | "Project owner" means the person or legal entity, public | ||||||
| 4 | or private, that is financially responsible for the | ||||||
| 5 | undertaking of a project that involves excavation or | ||||||
| 6 | demolition. | ||||||
| 7 | "Reasonable control measurement" shall use the historical | ||||||
| 8 | averages and add to the calculation either of the following | ||||||
| 9 | conditions that shall be met for the place to be considered | ||||||
| 10 | beyond the reasonable control of the underground utility | ||||||
| 11 | facility owner or operator: | ||||||
| 12 | (1) the total notice volume count over the previous 7 | ||||||
| 13 | calendar days shall increase by more than 15% of the | ||||||
| 14 | historic average, and increase by not less than 25 | ||||||
| 15 | additional notices over the previous 7 calendar days; or | ||||||
| 16 | (2) the total dig site notification area over the | ||||||
| 17 | previous 7 calendar days shall increase by more than 15% | ||||||
| 18 | of the historic average, and not less than 0.4 additional | ||||||
| 19 | square miles over the previous 7 calendar days. | ||||||
| 20 | The official measurement shall be provided by JULIE. | ||||||
| 21 | "Residential property owner" means any individual or | ||||||
| 22 | entity that owns or leases real property that is used by the | ||||||
| 23 | individual or entity as its residence or dwelling. Residential | ||||||
| 24 | property owner does not include any persons who own or lease | ||||||
| 25 | residential property for the purpose of holding or developing | ||||||
| 26 | such property or for any other business or commercial | ||||||
| |||||||
| |||||||
| 1 | purposes. | ||||||
| 2 | "Roadway surface milling" means the removal of a uniform | ||||||
| 3 | pavement section by rotomilling, grinding, saw cutting, or | ||||||
| 4 | other means that does not penetrate into the roadway base or | ||||||
| 5 | subbase. | ||||||
| 6 | "Service lateral" means underground facilities located in | ||||||
| 7 | a public right-of-way or utility easement that connects an end | ||||||
| 8 | user's building or property to an underground utility facility | ||||||
| 9 | owner's or operator's facility. | ||||||
| 10 | "Submerged" means any facility installed below the surface | ||||||
| 11 | of a lake, river, or navigable waterway. | ||||||
| 12 | "Tolerance zone" means: | ||||||
| 13 | (1) if the diameter of the underground utility | ||||||
| 14 | facility is indicated, the distance of one-half of the | ||||||
| 15 | known diameter plus one and one-half feet on either side | ||||||
| 16 | of the designated center line of the underground utility | ||||||
| 17 | facility marking; | ||||||
| 18 | (2) if the diameter of the underground utility | ||||||
| 19 | facility is not indicated, one and one-half feet on either | ||||||
| 20 | side of the outside edge of the underground utility | ||||||
| 21 | facility marking; or | ||||||
| 22 | (3) if submerged, a distance of 30 feet on either side | ||||||
| 23 | of the indicated facility. | ||||||
| 24 | The underground utility facility markings provided | ||||||
| 25 | shall not indicate that the width of the marked | ||||||
| 26 | underground utility facility is any greater than the | ||||||
| |||||||
| |||||||
| 1 | actual width of the underground utility facility or 2 | ||||||
| 2 | inches, whichever is greater. The tolerance zone shall | ||||||
| 3 | also apply to visible utility structures, including, but | ||||||
| 4 | not limited to, poles with overhead to underground | ||||||
| 5 | transitions, pedestals, transformers, meters, hydrants, | ||||||
| 6 | and valve boxes. There shall be a one and one-half foot | ||||||
| 7 | tolerance zone horizontally around such facilities. | ||||||
| 8 | "Underground utility facility" or "facility" means and | ||||||
| 9 | includes wires, ducts, fiber optic cable, conduits, pipes, | ||||||
| 10 | sewers, and cables and their connected appurtenances installed | ||||||
| 11 | or existing beneath the surface of the ground or submerged and | ||||||
| 12 | either owned, operated, or controlled by: | ||||||
| 13 | (1) a public utility as defined in the Public | ||||||
| 14 | Utilities Act; | ||||||
| 15 | (2) a municipally owned or mutually owned utility | ||||||
| 16 | providing a similar utility service; | ||||||
| 17 | (3) a pipeline entity transporting gases, crude oil, | ||||||
| 18 | petroleum products, or other hydrocarbon materials within | ||||||
| 19 | the State; | ||||||
| 20 | (4) a telecommunications carrier as defined in the | ||||||
| 21 | Universal Telephone Service Protection Law of 1985, or by | ||||||
| 22 | a company described in Section 1 of the Telephone Company | ||||||
| 23 | Act; | ||||||
| 24 | (5) a community antenna television system, as defined | ||||||
| 25 | in the Illinois Municipal Code or the Counties Code; | ||||||
| 26 | (6) a holder or broadband service, as those terms are | ||||||
| |||||||
| |||||||
| 1 | defined in the Cable and Video Competition Law of 2007; | ||||||
| 2 | (7) any other entity owning or operating underground | ||||||
| 3 | facilities that transport or generate electrical power to | ||||||
| 4 | other utility owners or operators; | ||||||
| 5 | (8) an electric cooperative as defined in the Public | ||||||
| 6 | Utilities Act; and | ||||||
| 7 | (9) any other active member of JULIE. | ||||||
| 8 | (Source: P.A. 103-614, eff. 1-1-25; revised 11-22-24.)
| ||||||
| 9 | (220 ILCS 50/4.1) | ||||||
| 10 | Sec. 4.1. Watch and protect. | ||||||
| 11 | (a) If, upon notice from JULIE, an underground utility | ||||||
| 12 | facility owner or operator determines that the facility is | ||||||
| 13 | within the proposed excavation area and the underground | ||||||
| 14 | utility facility owner or operator desires to have an | ||||||
| 15 | authorized representative present during excavation near the | ||||||
| 16 | facility, the underground utility facility owner or operator | ||||||
| 17 | shall contact the excavator prior to the dig start date and | ||||||
| 18 | time provided on the notice to schedule a date and time for the | ||||||
| 19 | underground utility facility owner or operator to be present | ||||||
| 20 | when excavation will occur near the facility. | ||||||
| 21 | (b) All excavators shall comply with the underground | ||||||
| 22 | utility facility owner's or operator's request to be present | ||||||
| 23 | during excavation near an a owner or operator's facilities. In | ||||||
| 24 | lieu of having an authorized representative present, the | ||||||
| 25 | underground utility facility owner or operator may choose to | ||||||
| |||||||
| |||||||
| 1 | perform an open cut utility locate of the facility to expose | ||||||
| 2 | its location. The underground utility facility owner or | ||||||
| 3 | operator shall comply with the excavator's schedule for when | ||||||
| 4 | excavation will occur near the facility. | ||||||
| 5 | (c) After excavation has started, if excavation near the | ||||||
| 6 | underground utility facilities stops by more than one day and | ||||||
| 7 | then recommences, the excavator shall establish direct contact | ||||||
| 8 | with the underground utility facility owner or operator not | ||||||
| 9 | less than one day prior to the excavation, each time the | ||||||
| 10 | excavation is to occur, to advise the underground utility | ||||||
| 11 | facility owner or operator of the excavation taking place. | ||||||
| 12 | (d) Nothing in this Section shall prohibit an excavator | ||||||
| 13 | from excavating prudently and carefully near the underground | ||||||
| 14 | utility facility without the underground utility facility | ||||||
| 15 | owner or operator present if the underground utility facility | ||||||
| 16 | owner or operator waives the request to be present or to | ||||||
| 17 | complete an open cut utility locate exposing the facility or | ||||||
| 18 | is unable to comply with the excavator's schedule. | ||||||
| 19 | (Source: P.A. 103-614, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 20 | (220 ILCS 50/10) (from Ch. 111 2/3, par. 1610) | ||||||
| 21 | Sec. 10. Record of notice; marking of facilities. | ||||||
| 22 | (a) Upon notice by the excavator, the underground utility | ||||||
| 23 | facility owners or operators in or near the excavation or | ||||||
| 24 | demolition area shall cause a record to be made of the notice | ||||||
| 25 | and shall mark, by the dig start date and time indicated on the | ||||||
| |||||||
| |||||||
| 1 | notice, the approximate locations of such facilities so as to | ||||||
| 2 | enable the excavator to establish the location of the | ||||||
| 3 | facilities. | ||||||
| 4 | For submerged facilities, when the owner or operator of | ||||||
| 5 | the submerged facilities determines that a proposed excavation | ||||||
| 6 | or demolition which could include anchoring, pile driving, | ||||||
| 7 | dredging, or any other water bottom contact for any means | ||||||
| 8 | performed is in proximity to or in conflict with, submerged | ||||||
| 9 | facilities located under a lake, river, or navigable waterway, | ||||||
| 10 | the owner or operator of the submerged facilities shall | ||||||
| 11 | identify the estimated horizontal route of the submerged | ||||||
| 12 | facilities, within 15 days or by a date and time mutually | ||||||
| 13 | agreed to, using marking buoys, other suitable devices, or GPS | ||||||
| 14 | location data unless directed otherwise by an agency having | ||||||
| 15 | jurisdiction over the waters under which the submerged | ||||||
| 16 | facilities are located. | ||||||
| 17 | (b) Underground utility facility owners or operators of | ||||||
| 18 | sewer facilities shall be required to respond and mark the | ||||||
| 19 | approximate location of those sewer facilities when the | ||||||
| 20 | excavator indicates, in the notice required in Section 4, that | ||||||
| 21 | the excavation or demolition project will exceed a depth of 7 | ||||||
| 22 | feet. "Depth", in this case, is defined as the distance | ||||||
| 23 | measured vertically from the surface of the ground to the top | ||||||
| 24 | of the sewer facility. | ||||||
| 25 | (c) Underground utility facility owners or operators of | ||||||
| 26 | sewer facilities shall be required at all times to mark the | ||||||
| |||||||
| |||||||
| 1 | approximate location of those sewer facilities when: | ||||||
| 2 | (1) directional boring is the indicated type of | ||||||
| 3 | excavation work being performed within the notice; | ||||||
| 4 | (2) the sewer facilities owned are non-gravity, | ||||||
| 5 | pressurized force mains; or | ||||||
| 6 | (3) the excavation indicated will occur in the | ||||||
| 7 | immediate proximity of known sewer facilities that are | ||||||
| 8 | less than 7 feet deep. | ||||||
| 9 | (d) Underground utility facility owners or operators of | ||||||
| 10 | sewer facilities shall not hold an excavator liable for | ||||||
| 11 | damages that occur to sewer facilities that were not required | ||||||
| 12 | to be marked under this Section, provided that prompt notice | ||||||
| 13 | of known damage is made to JULIE and the underground utility | ||||||
| 14 | facility owners or operators as required in Section 7. | ||||||
| 15 | (e) All entities subject to the requirements of this Act | ||||||
| 16 | shall plan and conduct their work consistent with reasonable | ||||||
| 17 | business practices. | ||||||
| 18 | (1) Conditions may exist making it unreasonable to | ||||||
| 19 | request that locations be marked by the dig start date and | ||||||
| 20 | time indicated on the notice. | ||||||
| 21 | (A) In such situations, the excavator and the | ||||||
| 22 | underground utility facility owner or operator shall | ||||||
| 23 | interact in good faith to establish a mutually | ||||||
| 24 | agreeable date and time for the completion of the | ||||||
| 25 | request. | ||||||
| 26 | (B) All mutually agreed upon modifications to the | ||||||
| |||||||
| |||||||
| 1 | dig start date and time shall be fully documented by | ||||||
| 2 | the underground utility facility owner or operator and | ||||||
| 3 | include, at a minimum, the date and time of the | ||||||
| 4 | interaction, the names of the individuals involved, | ||||||
| 5 | and acknowledgment by the individuals that agreed to | ||||||
| 6 | the modification and the new dig start date and time | ||||||
| 7 | that was mutually agreed upon by both parties. The | ||||||
| 8 | underground utility facility owner or operator shall | ||||||
| 9 | retain through JULIE, Inc., the documentation for at | ||||||
| 10 | least 5 years after the date of the expiration of the | ||||||
| 11 | notice. | ||||||
| 12 | (2) It is unreasonable to request underground utility | ||||||
| 13 | facility owners or operators to mark all of their | ||||||
| 14 | facilities in an affected area upon short notice in | ||||||
| 15 | advance of a large nonemergency project. | ||||||
| 16 | (3) It is unreasonable to request extensive notices in | ||||||
| 17 | excess of a reasonable excavation or demolition work | ||||||
| 18 | schedule. | ||||||
| 19 | (4) It is unreasonable to request notices under | ||||||
| 20 | conditions where a repeat request is likely to be made | ||||||
| 21 | because of the passage of time or adverse job conditions. | ||||||
| 22 | (5) During periods where the notice volumes or dig | ||||||
| 23 | site notification areas exceed the historical averages as | ||||||
| 24 | determined by the reasonable control measurements for the | ||||||
| 25 | place, only those additional non-emergency requests that | ||||||
| 26 | are not part of a large project, when that large project | ||||||
| |||||||
| |||||||
| 1 | has been submitted at least 60 days in advance of the start | ||||||
| 2 | of the large project by underground utility facility | ||||||
| 3 | owners or operators or their contractors or subcontractors | ||||||
| 4 | for excavation work for the underground utility facility | ||||||
| 5 | owners or operators within the place, may be subject to a | ||||||
| 6 | request from the underground utility facility owner or | ||||||
| 7 | operator or the owner or operator's locate contractors or | ||||||
| 8 | subcontractors for an additional wait time of up to 2 days | ||||||
| 9 | for the underground utility facility owner or operator, | ||||||
| 10 | whether utilizing in-house or contract locators, to | ||||||
| 11 | respond to locate and mark, or provide a no conflict | ||||||
| 12 | response. It is the responsibility of the requesting | ||||||
| 13 | underground utility facility owner or operator to document | ||||||
| 14 | any modification as outlined in paragraph (1) of | ||||||
| 15 | subsection (e) of Section 10. | ||||||
| 16 | (f) Underground utility facility owners or operators, | ||||||
| 17 | whether utilizing in-house or contract locators, and the owner | ||||||
| 18 | or operator's locate contractors or subcontractors must | ||||||
| 19 | reasonably anticipate seasonal fluctuations in the number of | ||||||
| 20 | notices and staff accordingly. | ||||||
| 21 | Seasonal fluctuations shall not be considered within the | ||||||
| 22 | reasonable control of underground utility facility owners or | ||||||
| 23 | operators and the owner or operator's locate contractors or | ||||||
| 24 | subcontractors within a place or places, when the notice | ||||||
| 25 | volumes exceed the historical averages as determined by the | ||||||
| 26 | reasonable control measurement, for non-emergency requests for | ||||||
| |||||||
| |||||||
| 1 | utility excavation work for underground utility facility | ||||||
| 2 | owners or operators, that is not part of a large project that | ||||||
| 3 | has provided at least a 60-day 60 day advance notice. | ||||||
| 4 | Only utility excavators when doing utility work may be | ||||||
| 5 | impacted by this subsection and may incur an additional wait | ||||||
| 6 | time of up to 2 days. | ||||||
| 7 | (g) If an underground utility facility owner or operator | ||||||
| 8 | receives a notice under this Section but does not own or | ||||||
| 9 | operate any facilities within the proposed excavation or | ||||||
| 10 | demolition area described in the notice, that underground | ||||||
| 11 | utility facility owner or operator, by the dig start date and | ||||||
| 12 | time on the notice, shall so notify the excavator who | ||||||
| 13 | initiated the notice in accordance with Section 5.1, and prior | ||||||
| 14 | to January 1, 2026, may be provided in any reasonable manner | ||||||
| 15 | including, but not limited to, notification in any one of the | ||||||
| 16 | following ways: | ||||||
| 17 | (1) by face-to-face communication; | ||||||
| 18 | (2) by phone or phone message; | ||||||
| 19 | (3) by facsimile or email; | ||||||
| 20 | (4) by posting in the excavation or demolition area; | ||||||
| 21 | or | ||||||
| 22 | (5) by marking the excavation or demolition area. | ||||||
| 23 | (h) The underground utility facility owner or operator has | ||||||
| 24 | discharged the underground utility facility owner's or | ||||||
| 25 | operator's obligation to provide notice under this Section if | ||||||
| 26 | the underground utility facility owner or operator attempts to | ||||||
| |||||||
| |||||||
| 1 | provide notice utilizing the positive response system, in | ||||||
| 2 | accordance with Section 5.1, and prior to January 1, 2026, by: | ||||||
| 3 | (1) telephone, but is unable to do so because the | ||||||
| 4 | excavator does not answer the telephone and does not have | ||||||
| 5 | the ability to receive telephone messages; | ||||||
| 6 | (2) facsimile, if the excavator has supplied a | ||||||
| 7 | facsimile number and does not have a facsimile machine in | ||||||
| 8 | operation to receive the facsimile transmission; or | ||||||
| 9 | (3) email, if the excavator has supplied an email | ||||||
| 10 | address and the message is electronically undeliverable. | ||||||
| 11 | If the underground utility facility owner or operator | ||||||
| 12 | attempts to provide additional notice by telephone or by | ||||||
| 13 | facsimile but receives a busy signal, that attempt shall not | ||||||
| 14 | serve to discharge the underground utility facility owner or | ||||||
| 15 | operator of the obligation to provide notice under this | ||||||
| 16 | Section. | ||||||
| 17 | (i) Any excavator or legal entity, public or private, who, | ||||||
| 18 | on or after January 1, 2026, installs a nonconductive service | ||||||
| 19 | lateral shall ensure that the installation is locatable by | ||||||
| 20 | electromagnetic means or other equally effective means for | ||||||
| 21 | marking the location of the service lateral. This subsection | ||||||
| 22 | does not apply to minor repairs to, or partial replacements | ||||||
| 23 | of, service laterals installed prior to January 1, 2026. | ||||||
| 24 | (j) For the purposes of this Act, the following color | ||||||
| 25 | coding shall be used to mark the approximate location of | ||||||
| 26 | facilities by the underground utility facility owners or | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | operators who may utilize a combination of flags, lathe with | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | colored ribbon, chalk, whiskers, or paint as dig site and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | seasonal conditions warrant.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||
| |||||||||||
| |||||||||||
| 3 | (Source: P.A. 103-614, eff. 1-1-25; revised 11-22-24.)
| ||||||||||
| 4 | (220 ILCS 50/12) (from Ch. 111 2/3, par. 1612) | ||||||||||
| 5 | Sec. 12. Noncompliance and enforcement action time frames. | ||||||||||
| 6 | No action may be brought by the Illinois Commerce Commission | ||||||||||
| 7 | under Section 11 of this Act unless commenced within 2 years | ||||||||||
| 8 | after the date of the alleged violation of this Act. | ||||||||||
| 9 | Beginning January 1, 2025, all parties submitting alleged | ||||||||||
| 10 | violations to the Illinois Commerce Commission shall use the | ||||||||||
| 11 | forms provided and shall submit no later than 65 days after the | ||||||||||
| 12 | discovery of the alleged violation. Any report of an alleged | ||||||||||
| 13 | violation received later than 65 days after the discovery of | ||||||||||
| 14 | the alleged violation shall be subject to a penalty as | ||||||||||
| 15 | provided for in Section 11. | ||||||||||
| 16 | Beginning January 1, 2025, the Illinois Commerce | ||||||||||
| 17 | Commission shall provide notice of investigation to the | ||||||||||
| 18 | parties involved in the alleged violation report within 20 | ||||||||||
| 19 | days after the receipt of the alleged violation report. | ||||||||||
| 20 | Once a notice of investigation has been sent for all | ||||||||||
| 21 | alleged violations reported on or after January 1, 2025, no | ||||||||||
| 22 | further action may be brought by the Illinois Commerce | ||||||||||
| 23 | Commission under Section 11 unless the notice of violation has | ||||||||||
| 24 | been provided by the Illinois Commerce Commission staff to the | ||||||||||
| |||||||
| |||||||
| 1 | entity determined to be in violation within 195 days after the | ||||||
| 2 | date of the notice of investigation. For alleged violations | ||||||
| 3 | that involve utility damage, personal injury or death, or | ||||||
| 4 | property damage, an additional 130 days shall be allowed for | ||||||
| 5 | the Illinois Commerce Commission staff to determine if the | ||||||
| 6 | alleged entity was in violation. | ||||||
| 7 | Beginning July 1, 2025, the Illinois Commerce Commission | ||||||
| 8 | shall provide for public review a monthly report listing all | ||||||
| 9 | of the reports of alleged violations it received in the prior | ||||||
| 10 | month. The listing shall be available by the end of the | ||||||
| 11 | violations report. The listing shall be available by the end | ||||||
| 12 | of the second full week for all reports from the previous | ||||||
| 13 | month. The listing shall, at a minimum, include: (1) the name | ||||||
| 14 | of the party submitting the alleged violation; (2) the name of | ||||||
| 15 | the party and the name of the project owner that is alleged to | ||||||
| 16 | be in violation; (3) the date the alleged violation report is | ||||||
| 17 | submitted; and (4) the Section or Sections of the Act | ||||||
| 18 | applicable to the submitted alleged violation. | ||||||
| 19 | JULIE, Inc., may submit reports to the Illinois Commerce | ||||||
| 20 | Commission for alleged violations of Section 5.1. | ||||||
| 21 | (Source: P.A. 103-614, eff. 1-1-25; revised 11-22-24.)
| ||||||
| 22 | Section 815. The Child Care Act of 1969 is amended by | ||||||
| 23 | changing Sections 2.09, 3, 4, 5.01, 5.1, 7.10, 18, and 18.1 as | ||||||
| 24 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 10/2.09) | ||||||
| 2 | (Text of Section before amendment by P.A. 103-594) | ||||||
| 3 | Sec. 2.09. "Day care center" means any child care facility | ||||||
| 4 | which regularly provides day care for less than 24 hours per | ||||||
| 5 | day, except as provided for in Section 5.12, for (1) more than | ||||||
| 6 | 8 children in a family home, or (2) more than 3 children in a | ||||||
| 7 | facility other than a family home, including senior citizen | ||||||
| 8 | buildings. | ||||||
| 9 | The term does not include: | ||||||
| 10 | (a) programs operated by (i) public or private | ||||||
| 11 | elementary school systems or secondary level school units | ||||||
| 12 | or institutions of higher learning that serve children who | ||||||
| 13 | shall have attained the age of 3 years or (ii) private | ||||||
| 14 | entities on the grounds of public or private elementary or | ||||||
| 15 | secondary schools and that serve children who have | ||||||
| 16 | attained the age of 3 years, except that this exception | ||||||
| 17 | applies only to the facility and not to the private | ||||||
| 18 | entities' personnel operating the program; | ||||||
| 19 | (b) programs or that portion of the program which | ||||||
| 20 | serves children who shall have attained the age of 3 years | ||||||
| 21 | and which are recognized by the State Board of Education; | ||||||
| 22 | (c) educational program or programs serving children | ||||||
| 23 | who shall have attained the age of 3 years and which are | ||||||
| 24 | operated by a school which is registered with the State | ||||||
| 25 | Board of Education and which is recognized or accredited | ||||||
| 26 | by a recognized national or multistate educational | ||||||
| |||||||
| |||||||
| 1 | organization or association which regularly recognizes or | ||||||
| 2 | accredits schools; | ||||||
| 3 | (d) programs which exclusively serve or that portion | ||||||
| 4 | of the program which serves children with disabilities who | ||||||
| 5 | shall have attained the age of 3 years but are less than 21 | ||||||
| 6 | years of age and which are registered and approved as | ||||||
| 7 | meeting standards of the State Board of Education and | ||||||
| 8 | applicable fire marshal standards; | ||||||
| 9 | (e) facilities operated in connection with a shopping | ||||||
| 10 | center or service, religious services, or other similar | ||||||
| 11 | facility, where transient children are cared for | ||||||
| 12 | temporarily while parents or custodians of the children | ||||||
| 13 | are occupied on the premises and readily available; | ||||||
| 14 | (f) any type of day care center that is conducted on | ||||||
| 15 | federal government premises; | ||||||
| 16 | (g) special activities programs, including athletics, | ||||||
| 17 | recreation, crafts instruction, and similar activities | ||||||
| 18 | conducted on an organized and periodic basis by civic, | ||||||
| 19 | charitable and governmental organizations, including, but | ||||||
| 20 | not limited to, programs offered by park districts | ||||||
| 21 | organized under the Park District Code to children who | ||||||
| 22 | shall have attained the age of 3 years old if the program | ||||||
| 23 | meets no more than 3.5 continuous hours at a time or less | ||||||
| 24 | and no more than 25 hours during any week, and the park | ||||||
| 25 | district conducts background investigations on employees | ||||||
| 26 | of the program pursuant to Section 8-23 of the Park | ||||||
| |||||||
| |||||||
| 1 | District Code; | ||||||
| 2 | (h) part day child care facilities, as defined in | ||||||
| 3 | Section 2.10 of this Act; | ||||||
| 4 | (i) programs or that portion of the program which: | ||||||
| 5 | (1) serves children who shall have attained the | ||||||
| 6 | age of 3 years; | ||||||
| 7 | (2) is operated by churches or religious | ||||||
| 8 | institutions as described in Section 501(c)(3) of the | ||||||
| 9 | federal Internal Revenue Code; | ||||||
| 10 | (3) receives no governmental aid; | ||||||
| 11 | (4) is operated as a component of a religious, | ||||||
| 12 | nonprofit elementary school; | ||||||
| 13 | (5) operates primarily to provide religious | ||||||
| 14 | education; and | ||||||
| 15 | (6) meets appropriate State or local health and | ||||||
| 16 | fire safety standards; or | ||||||
| 17 | (j) programs or portions of programs that: | ||||||
| 18 | (1) serve only school-age children and youth | ||||||
| 19 | (defined as full-time kindergarten children, as | ||||||
| 20 | defined in 89 Ill. Adm. Code 407.45, or older); | ||||||
| 21 | (2) are organized to promote childhood learning, | ||||||
| 22 | child and youth development, educational or | ||||||
| 23 | recreational activities, or character-building; | ||||||
| 24 | (3) operate primarily during out-of-school time or | ||||||
| 25 | at times when school is not normally in session; | ||||||
| 26 | (4) comply with the standards of the Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of Public Health (77 Ill. Adm. Code 750) or | ||||||
| 2 | the local health department, the Illinois State Fire | ||||||
| 3 | Marshal (41 Ill. Adm. Code 100), and the following | ||||||
| 4 | additional health and safety requirements: procedures | ||||||
| 5 | for employee and volunteer emergency preparedness and | ||||||
| 6 | practice drills; procedures to ensure that first aid | ||||||
| 7 | kits are maintained and ready to use; the placement of | ||||||
| 8 | a minimum level of liability insurance as determined | ||||||
| 9 | by the Department; procedures for the availability of | ||||||
| 10 | a working telephone that is onsite and accessible at | ||||||
| 11 | all times; procedures to ensure that emergency phone | ||||||
| 12 | numbers are posted onsite; and a restriction on | ||||||
| 13 | handgun or weapon possession onsite, except if | ||||||
| 14 | possessed by a peace officer; | ||||||
| 15 | (5) perform and maintain authorization and results | ||||||
| 16 | of criminal history checks through the Illinois State | ||||||
| 17 | Police and FBI and checks of the Illinois Sex Offender | ||||||
| 18 | Registry, the National Sex Offender Registry, and | ||||||
| 19 | Child Abuse and Neglect Tracking System for employees | ||||||
| 20 | and volunteers who work directly with children; | ||||||
| 21 | (6) make hiring decisions in accordance with the | ||||||
| 22 | prohibitions against barrier crimes as specified in | ||||||
| 23 | Section 4.2 of this Act or in Section 21B-80 of the | ||||||
| 24 | School Code; | ||||||
| 25 | (7) provide parents with written disclosure that | ||||||
| 26 | the operations of the program are not regulated by | ||||||
| |||||||
| |||||||
| 1 | licensing requirements; and | ||||||
| 2 | (8) obtain and maintain records showing the first | ||||||
| 3 | and last name and date of birth of the child, name, | ||||||
| 4 | address, and telephone number of each parent, | ||||||
| 5 | emergency contact information, and written | ||||||
| 6 | authorization for medical care. | ||||||
| 7 | Programs or portions of programs requesting Child Care | ||||||
| 8 | Assistance Program (CCAP) funding and otherwise meeting the | ||||||
| 9 | requirements under item (j) shall request exemption from the | ||||||
| 10 | Department and be determined exempt prior to receiving funding | ||||||
| 11 | and must annually meet the eligibility requirements and be | ||||||
| 12 | appropriate for payment under the CCAP. | ||||||
| 13 | Programs or portions of programs under item (j) that do | ||||||
| 14 | not receive State or federal funds must comply with staff | ||||||
| 15 | qualification and training standards established by rule by | ||||||
| 16 | the Department of Human Services. The Department of Human | ||||||
| 17 | Services shall set such standards after review of Afterschool | ||||||
| 18 | for Children and Teens Now (ACT Now) evidence-based quality | ||||||
| 19 | standards developed for school-age out-of-school time | ||||||
| 20 | programs, feedback from the school-age out-of-school time | ||||||
| 21 | program professionals, and review of out-of-school time | ||||||
| 22 | professional development frameworks and quality tools. | ||||||
| 23 | Out-of-school time programs for school-age youth that | ||||||
| 24 | receive State or federal funds must comply with only those | ||||||
| 25 | staff qualifications and training standards set for the | ||||||
| 26 | program by the State or federal entity issuing the funds. | ||||||
| |||||||
| |||||||
| 1 | For purposes of items (a), (b), (c), (d), and (i) of this | ||||||
| 2 | Section, "children who shall have attained the age of 3 years" | ||||||
| 3 | shall mean children who are 3 years of age, but less than 4 | ||||||
| 4 | years of age, at the time of enrollment in the program. | ||||||
| 5 | (Source: P.A. 103-153, eff. 6-30-23; 103-952, eff. 1-1-25.)
| ||||||
| 6 | (Text of Section after amendment by P.A. 103-594) | ||||||
| 7 | Sec. 2.09. "Day care center" means any child care facility | ||||||
| 8 | which regularly provides day care for less than 24 hours per | ||||||
| 9 | day, except as provided for in Section 5.12, for (1) more than | ||||||
| 10 | 8 children in a family home, or (2) more than 3 children in a | ||||||
| 11 | facility other than a family home, including senior citizen | ||||||
| 12 | buildings. | ||||||
| 13 | The term does not include: | ||||||
| 14 | (a) programs operated by (i) public or private | ||||||
| 15 | elementary school systems or secondary level school units | ||||||
| 16 | or institutions of higher learning that serve children who | ||||||
| 17 | shall have attained the age of 3 years or (ii) private | ||||||
| 18 | entities on the grounds of public or private elementary or | ||||||
| 19 | secondary schools and that serve children who have | ||||||
| 20 | attained the age of 3 years, except that this exception | ||||||
| 21 | applies only to the facility and not to the private | ||||||
| 22 | entities' personnel operating the program; | ||||||
| 23 | (b) programs or that portion of the program which | ||||||
| 24 | serves children who shall have attained the age of 3 years | ||||||
| 25 | and which are recognized by the State Board of Education; | ||||||
| |||||||
| |||||||
| 1 | (c) educational program or programs serving children | ||||||
| 2 | who shall have attained the age of 3 years and which are | ||||||
| 3 | operated by a school which is registered with the State | ||||||
| 4 | Board of Education and which is recognized or accredited | ||||||
| 5 | by a recognized national or multistate educational | ||||||
| 6 | organization or association which regularly recognizes or | ||||||
| 7 | accredits schools; | ||||||
| 8 | (d) programs which exclusively serve or that portion | ||||||
| 9 | of the program which serves children with disabilities who | ||||||
| 10 | shall have attained the age of 3 years but are less than 21 | ||||||
| 11 | years of age and which are registered and approved as | ||||||
| 12 | meeting standards of the State Board of Education and | ||||||
| 13 | applicable fire marshal standards; | ||||||
| 14 | (e) facilities operated in connection with a shopping | ||||||
| 15 | center or service, religious services, or other similar | ||||||
| 16 | facility, where transient children are cared for | ||||||
| 17 | temporarily while parents or custodians of the children | ||||||
| 18 | are occupied on the premises and readily available; | ||||||
| 19 | (f) any type of day care center that is conducted on | ||||||
| 20 | federal government premises; | ||||||
| 21 | (g) special activities programs, including athletics, | ||||||
| 22 | recreation, crafts instruction, and similar activities | ||||||
| 23 | conducted on an organized and periodic basis by civic, | ||||||
| 24 | charitable and governmental organizations, including, but | ||||||
| 25 | not limited to, programs offered by park districts | ||||||
| 26 | organized under the Park District Code to children who | ||||||
| |||||||
| |||||||
| 1 | shall have attained the age of 3 years old if the program | ||||||
| 2 | meets no more than 3.5 continuous hours at a time or less | ||||||
| 3 | and no more than 25 hours during any week, and the park | ||||||
| 4 | district conducts background investigations on employees | ||||||
| 5 | of the program pursuant to Section 8-23 of the Park | ||||||
| 6 | District Code; | ||||||
| 7 | (h) part day child care facilities, as defined in | ||||||
| 8 | Section 2.10 of this Act; | ||||||
| 9 | (i) programs or that portion of the program which: | ||||||
| 10 | (1) serves children who shall have attained the | ||||||
| 11 | age of 3 years; | ||||||
| 12 | (2) is operated by churches or religious | ||||||
| 13 | institutions as described in Section 501(c)(3) of the | ||||||
| 14 | federal Internal Revenue Code; | ||||||
| 15 | (3) receives no governmental aid; | ||||||
| 16 | (4) is operated as a component of a religious, | ||||||
| 17 | nonprofit elementary school; | ||||||
| 18 | (5) operates primarily to provide religious | ||||||
| 19 | education; and | ||||||
| 20 | (6) meets appropriate State or local health and | ||||||
| 21 | fire safety standards; or | ||||||
| 22 | (j) programs or portions of programs that: | ||||||
| 23 | (1) serve only school-age children and youth | ||||||
| 24 | (defined as full-time kindergarten children, as | ||||||
| 25 | defined in 89 Ill. Adm. Code 407.45, or older); | ||||||
| 26 | (2) are organized to promote childhood learning, | ||||||
| |||||||
| |||||||
| 1 | child and youth development, educational or | ||||||
| 2 | recreational activities, or character-building; | ||||||
| 3 | (3) operate primarily during out-of-school time or | ||||||
| 4 | at times when school is not normally in session; | ||||||
| 5 | (4) comply with the standards of the Illinois | ||||||
| 6 | Department of Public Health (77 Ill. Adm. Code 750) or | ||||||
| 7 | the local health department, the Illinois State Fire | ||||||
| 8 | Marshal (41 Ill. Adm. Code 100), and the following | ||||||
| 9 | additional health and safety requirements: procedures | ||||||
| 10 | for employee and volunteer emergency preparedness and | ||||||
| 11 | practice drills; procedures to ensure that first aid | ||||||
| 12 | kits are maintained and ready to use; the placement of | ||||||
| 13 | a minimum level of liability insurance as determined | ||||||
| 14 | by the Department; procedures for the availability of | ||||||
| 15 | a working telephone that is onsite and accessible at | ||||||
| 16 | all times; procedures to ensure that emergency phone | ||||||
| 17 | numbers are posted onsite; and a restriction on | ||||||
| 18 | handgun or weapon possession onsite, except if | ||||||
| 19 | possessed by a peace officer; | ||||||
| 20 | (5) perform and maintain authorization and results | ||||||
| 21 | of criminal history checks through the Illinois State | ||||||
| 22 | Police and FBI and checks of the Illinois Sex Offender | ||||||
| 23 | Registry, the National Sex Offender Registry, and | ||||||
| 24 | Child Abuse and Neglect Tracking System for employees | ||||||
| 25 | and volunteers who work directly with children; | ||||||
| 26 | (6) make hiring decisions in accordance with the | ||||||
| |||||||
| |||||||
| 1 | prohibitions against barrier crimes as specified in | ||||||
| 2 | Section 4.2 of this Act or in Section 21B-80 of the | ||||||
| 3 | School Code; | ||||||
| 4 | (7) provide parents with written disclosure that | ||||||
| 5 | the operations of the program are not regulated by | ||||||
| 6 | licensing requirements; and | ||||||
| 7 | (8) obtain and maintain records showing the first | ||||||
| 8 | and last name and date of birth of the child, name, | ||||||
| 9 | address, and telephone number of each parent, | ||||||
| 10 | emergency contact information, and written | ||||||
| 11 | authorization for medical care. | ||||||
| 12 | Out-of-school time programs for school-age youth that | ||||||
| 13 | receive State or federal funds must comply with only those | ||||||
| 14 | staff qualifications and training standards set for the | ||||||
| 15 | program by the State or federal entity issuing the funds. | ||||||
| 16 | For purposes of items (a), (b), (c), (d), and (i) of this | ||||||
| 17 | Section, "children who shall have attained the age of 3 years" | ||||||
| 18 | shall mean children who are 3 years of age, but less than 4 | ||||||
| 19 | years of age, at the time of enrollment in the program. | ||||||
| 20 | (Source: P.A. 103-153, eff. 6-30-23; 103-594, eff. 7-1-26; | ||||||
| 21 | 103-952, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 22 | (225 ILCS 10/3) | ||||||
| 23 | (Text of Section before amendment by P.A. 103-594) | ||||||
| 24 | Sec. 3. (a) No person, group of persons or corporation may | ||||||
| 25 | operate or conduct any facility for child care, as defined in | ||||||
| |||||||
| |||||||
| 1 | this Act, without a license or permit issued by the Department | ||||||
| 2 | or without being approved by the Department as meeting the | ||||||
| 3 | standards established for such licensing, with the exception | ||||||
| 4 | of facilities for whom standards are established by the | ||||||
| 5 | Department of Corrections under Section 3-15-2 of the Unified | ||||||
| 6 | Code of Corrections, and with the exception of facilities | ||||||
| 7 | defined in Section 2.10 of this Act, and with the exception of | ||||||
| 8 | programs or facilities licensed by the Department of Human | ||||||
| 9 | Services under the Substance Use Disorder Act. | ||||||
| 10 | (b) No part day child care facility as described in | ||||||
| 11 | Section 2.10 may operate without written notification to the | ||||||
| 12 | Department or without complying with Section 7.1. Notification | ||||||
| 13 | shall include a notarized statement by the facility that the | ||||||
| 14 | facility complies with State state or local health standards | ||||||
| 15 | and State state fire safety standards, and shall be filed with | ||||||
| 16 | the department every 2 years. | ||||||
| 17 | (c) The Director of the Department shall establish | ||||||
| 18 | policies and coordinate activities relating to child care | ||||||
| 19 | licensing, licensing of day care homes and day care centers. | ||||||
| 20 | (d) Any facility or agency which is exempt from licensing | ||||||
| 21 | may apply for licensing if licensing is required for some | ||||||
| 22 | government benefit. | ||||||
| 23 | (e) A provider of day care described in items (a) through | ||||||
| 24 | (j) of Section 2.09 of this Act is exempt from licensure. The | ||||||
| 25 | Department shall provide written verification of exemption and | ||||||
| 26 | description of compliance with standards for the health, | ||||||
| |||||||
| |||||||
| 1 | safety, and development of the children who receive the | ||||||
| 2 | services upon submission by the provider of, in addition to | ||||||
| 3 | any other documentation required by the Department, a | ||||||
| 4 | notarized statement that the facility complies with: (1) the | ||||||
| 5 | standards of the Department of Public Health or local health | ||||||
| 6 | department, (2) the fire safety standards of the State Fire | ||||||
| 7 | Marshal, and (3) if operated in a public school building, the | ||||||
| 8 | health and safety standards of the State Board of Education. | ||||||
| 9 | (f) Through June 30, 2029, either a qualified child care | ||||||
| 10 | director, as described in 89 Ill. Adm. Code 407.130, or a | ||||||
| 11 | qualified early childhood teacher, as described in 89 Ill. | ||||||
| 12 | Adm. Code 407.140, with a minimum of 2,880 hours of experience | ||||||
| 13 | as an early childhood teacher at the early childhood teacher's | ||||||
| 14 | current facility must be present for the first and last hour of | ||||||
| 15 | the workday and at the open or close of the facility. The | ||||||
| 16 | Department shall adopt rules to implement this subsection. | ||||||
| 17 | Such rules must be filed with the Joint Committee on | ||||||
| 18 | Administrative Rules no later than January 1, 2025. | ||||||
| 19 | (Source: P.A. 103-821, eff. 8-9-24; revised 10-10-24.)
| ||||||
| 20 | (Text of Section after amendment by P.A. 103-594) | ||||||
| 21 | Sec. 3. (a) No person, group of persons or corporation may | ||||||
| 22 | operate or conduct any facility for child care, as defined in | ||||||
| 23 | this Act, without a license or permit issued by the Department | ||||||
| 24 | or without being approved by the Department as meeting the | ||||||
| 25 | standards established for such licensing, with the exception | ||||||
| |||||||
| |||||||
| 1 | of facilities for whom standards are established by the | ||||||
| 2 | Department of Corrections under Section 3-15-2 of the Unified | ||||||
| 3 | Code of Corrections, and with the exception of facilities | ||||||
| 4 | defined in Section 2.10 of this Act, and with the exception of | ||||||
| 5 | programs or facilities licensed by the Department of Human | ||||||
| 6 | Services under the Substance Use Disorder Act, and with the | ||||||
| 7 | exception of day care centers, day care homes, and group day | ||||||
| 8 | care homes. | ||||||
| 9 | (b) (Blank). | ||||||
| 10 | (c) (Blank). | ||||||
| 11 | (d) Any facility or agency which is exempt from licensing | ||||||
| 12 | may apply for licensing if licensing is required for some | ||||||
| 13 | government benefit. | ||||||
| 14 | (e) (Blank). | ||||||
| 15 | (f) Through June 30, 2029, either a qualified child care | ||||||
| 16 | director, as described in 89 Ill. Adm. Code 407.130, or a | ||||||
| 17 | qualified early childhood teacher, as described in 89 Ill. | ||||||
| 18 | Adm. Code 407.140, with a minimum of 2,880 hours of experience | ||||||
| 19 | as an early childhood teacher at the early childhood teacher's | ||||||
| 20 | current facility must be present for the first and last hour of | ||||||
| 21 | the workday and at the open or close of the facility. The | ||||||
| 22 | Department shall adopt rules to implement this subsection. | ||||||
| 23 | Such rules must be filed with the Joint Committee on | ||||||
| 24 | Administrative Rules no later than January 1, 2025. | ||||||
| 25 | (Source: P.A. 103-594, eff. 7-1-26; 103-821, eff. 8-9-24; | ||||||
| 26 | revised 10-10-24.)
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 10/4) | ||||||
| 2 | (Text of Section before amendment by P.A. 103-594) | ||||||
| 3 | Sec. 4. License requirement; application; notice. | ||||||
| 4 | (a) Any person, group of persons or corporation who or | ||||||
| 5 | which receives children or arranges for care or placement of | ||||||
| 6 | one or more children unrelated to the operator must apply for a | ||||||
| 7 | license to operate one of the types of facilities defined in | ||||||
| 8 | Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any | ||||||
| 9 | relative, as defined in Section 2.17 of this Act, who receives | ||||||
| 10 | a child or children for placement by the Department on a | ||||||
| 11 | full-time basis may apply for a license to operate a foster | ||||||
| 12 | family home as defined in Section 2.17 of this Act. | ||||||
| 13 | (a-5) Any agency, person, group of persons, association, | ||||||
| 14 | organization, corporation, institution, center, or group | ||||||
| 15 | providing adoption services must be licensed by the Department | ||||||
| 16 | as a child welfare agency as defined in Section 2.08 of this | ||||||
| 17 | Act. "Providing adoption services", as used in this Act, | ||||||
| 18 | includes facilitating or engaging in adoption services. | ||||||
| 19 | (b) Application for a license to operate a child care | ||||||
| 20 | facility must be made to the Department in the manner and on | ||||||
| 21 | forms prescribed by it. An application to operate a foster | ||||||
| 22 | family home shall include, at a minimum: a completed written | ||||||
| 23 | form; written authorization by the applicant and all adult | ||||||
| 24 | members of the applicant's household to conduct a criminal | ||||||
| 25 | background investigation; medical evidence in the form of a | ||||||
| |||||||
| |||||||
| 1 | medical report, on forms prescribed by the Department, that | ||||||
| 2 | the applicant and all members of the household are free from | ||||||
| 3 | communicable diseases or physical and mental conditions that | ||||||
| 4 | affect their ability to provide care for the child or | ||||||
| 5 | children; the names and addresses of at least 3 persons not | ||||||
| 6 | related to the applicant who can attest to the applicant's | ||||||
| 7 | moral character; the name and address of at least one relative | ||||||
| 8 | who can attest to the applicant's capability to care for the | ||||||
| 9 | child or children; and fingerprints submitted by the applicant | ||||||
| 10 | and all adult members of the applicant's household. | ||||||
| 11 | (b-5) Prior to submitting an application for a foster | ||||||
| 12 | family home license, a quality of care concerns applicant as | ||||||
| 13 | defined in Section 2.22a of this Act must submit a preliminary | ||||||
| 14 | application to the Department in the manner and on forms | ||||||
| 15 | prescribed by it. The Department shall explain to the quality | ||||||
| 16 | of care concerns applicant the grounds for requiring a | ||||||
| 17 | preliminary application. The preliminary application shall | ||||||
| 18 | include a list of (i) all children placed in the home by the | ||||||
| 19 | Department who were removed by the Department for reasons | ||||||
| 20 | other than returning to a parent and the circumstances under | ||||||
| 21 | which they were removed and (ii) all children placed by the | ||||||
| 22 | Department who were subsequently adopted by or placed in the | ||||||
| 23 | private guardianship of the quality of care concerns applicant | ||||||
| 24 | who are currently under 18 and who no longer reside in the home | ||||||
| 25 | and the reasons why they no longer reside in the home. The | ||||||
| 26 | preliminary application shall also include, if the quality of | ||||||
| |||||||
| |||||||
| 1 | care concerns applicant chooses to submit, (1) a response to | ||||||
| 2 | the quality of care concerns, including any reason the | ||||||
| 3 | concerns are invalid, have been addressed or ameliorated, or | ||||||
| 4 | no longer apply and (2) affirmative documentation | ||||||
| 5 | demonstrating that the quality of care concerns applicant's | ||||||
| 6 | home does not pose a risk to children and that the family will | ||||||
| 7 | be able to meet the physical and emotional needs of children. | ||||||
| 8 | The Department shall verify the information in the preliminary | ||||||
| 9 | application and review (i) information regarding any prior | ||||||
| 10 | licensing complaints, (ii) information regarding any prior | ||||||
| 11 | child abuse or neglect investigations, (iii) information | ||||||
| 12 | regarding any involuntary foster home holds placed on the home | ||||||
| 13 | by the Department, and (iv) information regarding all child | ||||||
| 14 | exit interviews, as provided in Section 5.26 of the Children | ||||||
| 15 | and Family Services Act, regarding the home. Foster home | ||||||
| 16 | applicants with quality of care concerns are presumed | ||||||
| 17 | unsuitable for future licensure. | ||||||
| 18 | Notwithstanding the provisions of this subsection (b-5), | ||||||
| 19 | the Department may make an exception and issue a foster family | ||||||
| 20 | license to a quality of care concerns applicant if the | ||||||
| 21 | Department is satisfied that the foster family home does not | ||||||
| 22 | pose a risk to children and that the foster family will be able | ||||||
| 23 | to meet the physical and emotional needs of children. In | ||||||
| 24 | making this determination, the Department must obtain and | ||||||
| 25 | carefully review all relevant documents and shall obtain | ||||||
| 26 | consultation from its Clinical Division as appropriate and as | ||||||
| |||||||
| |||||||
| 1 | prescribed by Department rule and procedure. The Department | ||||||
| 2 | has the authority to deny a preliminary application based on | ||||||
| 3 | the record of quality of care concerns of the foster family | ||||||
| 4 | home. In the alternative, the Department may (i) approve the | ||||||
| 5 | preliminary application, (ii) approve the preliminary | ||||||
| 6 | application subject to obtaining additional information or | ||||||
| 7 | assessments, or (iii) approve the preliminary application for | ||||||
| 8 | purposes of placing a particular child or children only in the | ||||||
| 9 | foster family home. If the Department approves a preliminary | ||||||
| 10 | application, the foster family shall submit an application for | ||||||
| 11 | licensure as described in subsection (b) of this Section. The | ||||||
| 12 | Department shall notify the quality of care concerns applicant | ||||||
| 13 | of its decision and the basis for its decision in writing. | ||||||
| 14 | (c) The Department shall notify the public when a child | ||||||
| 15 | care institution, maternity center, or group home licensed by | ||||||
| 16 | the Department undergoes a change in (i) the range of care or | ||||||
| 17 | services offered at the facility or (ii) the type of children | ||||||
| 18 | served. The Department shall notify the public of the change | ||||||
| 19 | in a newspaper of general circulation in the county or | ||||||
| 20 | municipality in which the applicant's facility is or is | ||||||
| 21 | proposed to be located. | ||||||
| 22 | (c-5) When a child care institution, maternity center, or | ||||||
| 23 | a group home licensed by the Department undergoes a change in | ||||||
| 24 | (i) the age of children served or (ii) the area within the | ||||||
| 25 | facility used by children, the Department shall post | ||||||
| 26 | information regarding proposed changes on its website as | ||||||
| |||||||
| |||||||
| 1 | required by rule. | ||||||
| 2 | (d) If, upon examination of the facility and investigation | ||||||
| 3 | of persons responsible for care of children and, in the case of | ||||||
| 4 | a foster home, taking into account information obtained for | ||||||
| 5 | purposes of evaluating a preliminary application, if | ||||||
| 6 | applicable, the Department is satisfied that the facility and | ||||||
| 7 | responsible persons reasonably meet standards prescribed for | ||||||
| 8 | the type of facility for which application is made, it shall | ||||||
| 9 | issue a license in proper form, designating on that license | ||||||
| 10 | the type of child care facility and, except for a child welfare | ||||||
| 11 | agency, the number of children to be served at any one time. | ||||||
| 12 | (e) The Department shall not issue or renew the license of | ||||||
| 13 | any child welfare agency providing adoption services, unless | ||||||
| 14 | the agency (i) is officially recognized by the United States | ||||||
| 15 | Internal Revenue Service as a tax-exempt organization | ||||||
| 16 | described in Section 501(c)(3) of the Internal Revenue Code of | ||||||
| 17 | 1986 (or any successor provision of federal tax law) and (ii) | ||||||
| 18 | is in compliance with all of the standards necessary to | ||||||
| 19 | maintain its status as an organization described in Section | ||||||
| 20 | 501(c)(3) of the Internal Revenue Code of 1986 (or any | ||||||
| 21 | successor provision of federal tax law). The Department shall | ||||||
| 22 | grant a grace period of 24 months from August 15, 2005 (the | ||||||
| 23 | effective date of Public Act 94-586) this amendatory Act of | ||||||
| 24 | the 94th General Assembly for existing child welfare agencies | ||||||
| 25 | providing adoption services to obtain 501(c)(3) status. The | ||||||
| 26 | Department shall permit an existing child welfare agency that | ||||||
| |||||||
| |||||||
| 1 | converts from its current structure in order to be recognized | ||||||
| 2 | as a 501(c)(3) organization as required by this Section to | ||||||
| 3 | either retain its current license or transfer its current | ||||||
| 4 | license to a newly formed entity, if the creation of a new | ||||||
| 5 | entity is required in order to comply with this Section, | ||||||
| 6 | provided that the child welfare agency demonstrates that it | ||||||
| 7 | continues to meet all other licensing requirements and that | ||||||
| 8 | the principal officers and directors and programs of the | ||||||
| 9 | converted child welfare agency or newly organized child | ||||||
| 10 | welfare agency are substantially the same as the original. The | ||||||
| 11 | Department shall have the sole discretion to grant a one-year | ||||||
| 12 | one year extension to any agency unable to obtain 501(c)(3) | ||||||
| 13 | status within the timeframe specified in this subsection (e), | ||||||
| 14 | provided that such agency has filed an application for | ||||||
| 15 | 501(c)(3) status with the Internal Revenue Service within the | ||||||
| 16 | 2-year timeframe specified in this subsection (e). | ||||||
| 17 | (f) The Department shall adopt rules to implement the | ||||||
| 18 | changes to this Section made by Public Act 103-770 this | ||||||
| 19 | amendatory Act of the 103rd General Assembly no later than | ||||||
| 20 | January 1, 2025. | ||||||
| 21 | (Source: P.A. 102-763, eff. 1-1-23; 103-770, eff. 1-1-25; | ||||||
| 22 | revised 8-20-24.)
| ||||||
| 23 | (Text of Section after amendment by P.A. 103-594) | ||||||
| 24 | Sec. 4. License requirement; application; notice; | ||||||
| 25 | Department of Children and Family Services. | ||||||
| |||||||
| |||||||
| 1 | (a) Any person, group of persons or corporation who or | ||||||
| 2 | which receives children or arranges for care or placement of | ||||||
| 3 | one or more children unrelated to the operator must apply for a | ||||||
| 4 | license to operate one of the types of facilities defined in | ||||||
| 5 | Sections 2.05 through 2.19 (other than a day care center or day | ||||||
| 6 | care home) and in Section 2.22 of this Act. Any relative, as | ||||||
| 7 | defined in Section 2.17 of this Act, who receives a child or | ||||||
| 8 | children for placement by the Department on a full-time basis | ||||||
| 9 | may apply for a license to operate a foster family home as | ||||||
| 10 | defined in Section 2.17 of this Act. | ||||||
| 11 | (a-5) Any agency, person, group of persons, association, | ||||||
| 12 | organization, corporation, institution, center, or group | ||||||
| 13 | providing adoption services must be licensed by the Department | ||||||
| 14 | as a child welfare agency as defined in Section 2.08 of this | ||||||
| 15 | Act. "Providing adoption services", as used in this Act, | ||||||
| 16 | includes facilitating or engaging in adoption services. | ||||||
| 17 | (b) Application for a license to operate a child care | ||||||
| 18 | facility (other than a day care center, day care home, or group | ||||||
| 19 | day care home) must be made to the Department in the manner and | ||||||
| 20 | on forms prescribed by it. An application to operate a foster | ||||||
| 21 | family home shall include, at a minimum: a completed written | ||||||
| 22 | form; written authorization by the applicant and all adult | ||||||
| 23 | members of the applicant's household to conduct a criminal | ||||||
| 24 | background investigation; medical evidence in the form of a | ||||||
| 25 | medical report, on forms prescribed by the Department, that | ||||||
| 26 | the applicant and all members of the household are free from | ||||||
| |||||||
| |||||||
| 1 | communicable diseases or physical and mental conditions that | ||||||
| 2 | affect their ability to provide care for the child or | ||||||
| 3 | children; the names and addresses of at least 3 persons not | ||||||
| 4 | related to the applicant who can attest to the applicant's | ||||||
| 5 | moral character; the name and address of at least one relative | ||||||
| 6 | who can attest to the applicant's capability to care for the | ||||||
| 7 | child or children; and fingerprints submitted by the applicant | ||||||
| 8 | and all adult members of the applicant's household. | ||||||
| 9 | (b-5) Prior to submitting an application for a foster | ||||||
| 10 | family home license, a quality of care concerns applicant as | ||||||
| 11 | defined in Section 2.22a of this Act must submit a preliminary | ||||||
| 12 | application to the Department in the manner and on forms | ||||||
| 13 | prescribed by it. The Department shall explain to the quality | ||||||
| 14 | of care concerns applicant the grounds for requiring a | ||||||
| 15 | preliminary application. The preliminary application shall | ||||||
| 16 | include a list of (i) all children placed in the home by the | ||||||
| 17 | Department who were removed by the Department for reasons | ||||||
| 18 | other than returning to a parent and the circumstances under | ||||||
| 19 | which they were removed and (ii) all children placed by the | ||||||
| 20 | Department who were subsequently adopted by or placed in the | ||||||
| 21 | private guardianship of the quality of care concerns applicant | ||||||
| 22 | who are currently under 18 and who no longer reside in the home | ||||||
| 23 | and the reasons why they no longer reside in the home. The | ||||||
| 24 | preliminary application shall also include, if the quality of | ||||||
| 25 | care concerns applicant chooses to submit, (1) a response to | ||||||
| 26 | the quality of care concerns, including any reason the | ||||||
| |||||||
| |||||||
| 1 | concerns are invalid, have been addressed or ameliorated, or | ||||||
| 2 | no longer apply and (2) affirmative documentation | ||||||
| 3 | demonstrating that the quality of care concerns applicant's | ||||||
| 4 | home does not pose a risk to children and that the family will | ||||||
| 5 | be able to meet the physical and emotional needs of children. | ||||||
| 6 | The Department shall verify the information in the preliminary | ||||||
| 7 | application and review (i) information regarding any prior | ||||||
| 8 | licensing complaints, (ii) information regarding any prior | ||||||
| 9 | child abuse or neglect investigations, (iii) information | ||||||
| 10 | regarding any involuntary foster home holds placed on the home | ||||||
| 11 | by the Department, and (iv) information regarding all child | ||||||
| 12 | exit interviews, as provided in Section 5.26 of the Children | ||||||
| 13 | and Family Services Act, regarding the home. Foster home | ||||||
| 14 | applicants with quality of care concerns are presumed | ||||||
| 15 | unsuitable for future licensure. | ||||||
| 16 | Notwithstanding the provisions of this subsection (b-5), | ||||||
| 17 | the Department may make an exception and issue a foster family | ||||||
| 18 | license to a quality of care concerns applicant if the | ||||||
| 19 | Department is satisfied that the foster family home does not | ||||||
| 20 | pose a risk to children and that the foster family will be able | ||||||
| 21 | to meet the physical and emotional needs of children. In | ||||||
| 22 | making this determination, the Department must obtain and | ||||||
| 23 | carefully review all relevant documents and shall obtain | ||||||
| 24 | consultation from its Clinical Division as appropriate and as | ||||||
| 25 | prescribed by Department rule and procedure. The Department | ||||||
| 26 | has the authority to deny a preliminary application based on | ||||||
| |||||||
| |||||||
| 1 | the record of quality of care concerns of the foster family | ||||||
| 2 | home. In the alternative, the Department may (i) approve the | ||||||
| 3 | preliminary application, (ii) approve the preliminary | ||||||
| 4 | application subject to obtaining additional information or | ||||||
| 5 | assessments, or (iii) approve the preliminary application for | ||||||
| 6 | purposes of placing a particular child or children only in the | ||||||
| 7 | foster family home. If the Department approves a preliminary | ||||||
| 8 | application, the foster family shall submit an application for | ||||||
| 9 | licensure as described in subsection (b) of this Section. The | ||||||
| 10 | Department shall notify the quality of care concerns applicant | ||||||
| 11 | of its decision and the basis for its decision in writing. | ||||||
| 12 | (c) The Department shall notify the public when a child | ||||||
| 13 | care institution, maternity center, or group home licensed by | ||||||
| 14 | the Department undergoes a change in (i) the range of care or | ||||||
| 15 | services offered at the facility or (ii) the type of children | ||||||
| 16 | served. The Department shall notify the public of the change | ||||||
| 17 | in a newspaper of general circulation in the county or | ||||||
| 18 | municipality in which the applicant's facility is or is | ||||||
| 19 | proposed to be located. | ||||||
| 20 | (c-5) When a child care institution, maternity center, or | ||||||
| 21 | a group home licensed by the Department undergoes a change in | ||||||
| 22 | (i) the age of children served or (ii) the area within the | ||||||
| 23 | facility used by children, the Department shall post | ||||||
| 24 | information regarding proposed changes on its website as | ||||||
| 25 | required by rule. | ||||||
| 26 | (d) If, upon examination of the facility and investigation | ||||||
| |||||||
| |||||||
| 1 | of persons responsible for care of children and, in the case of | ||||||
| 2 | a foster home, taking into account information obtained for | ||||||
| 3 | purposes of evaluating a preliminary application, if | ||||||
| 4 | applicable, the Department is satisfied that the facility and | ||||||
| 5 | responsible persons reasonably meet standards prescribed for | ||||||
| 6 | the type of facility for which application is made, it shall | ||||||
| 7 | issue a license in proper form, designating on that license | ||||||
| 8 | the type of child care facility and, except for a child welfare | ||||||
| 9 | agency, the number of children to be served at any one time. | ||||||
| 10 | (e) The Department shall not issue or renew the license of | ||||||
| 11 | any child welfare agency providing adoption services, unless | ||||||
| 12 | the agency (i) is officially recognized by the United States | ||||||
| 13 | Internal Revenue Service as a tax-exempt organization | ||||||
| 14 | described in Section 501(c)(3) of the Internal Revenue Code of | ||||||
| 15 | 1986 (or any successor provision of federal tax law) and (ii) | ||||||
| 16 | is in compliance with all of the standards necessary to | ||||||
| 17 | maintain its status as an organization described in Section | ||||||
| 18 | 501(c)(3) of the Internal Revenue Code of 1986 (or any | ||||||
| 19 | successor provision of federal tax law). The Department shall | ||||||
| 20 | grant a grace period of 24 months from August 15, 2005 (the | ||||||
| 21 | effective date of Public Act 94-586) this amendatory Act of | ||||||
| 22 | the 94th General Assembly for existing child welfare agencies | ||||||
| 23 | providing adoption services to obtain 501(c)(3) status. The | ||||||
| 24 | Department shall permit an existing child welfare agency that | ||||||
| 25 | converts from its current structure in order to be recognized | ||||||
| 26 | as a 501(c)(3) organization as required by this Section to | ||||||
| |||||||
| |||||||
| 1 | either retain its current license or transfer its current | ||||||
| 2 | license to a newly formed entity, if the creation of a new | ||||||
| 3 | entity is required in order to comply with this Section, | ||||||
| 4 | provided that the child welfare agency demonstrates that it | ||||||
| 5 | continues to meet all other licensing requirements and that | ||||||
| 6 | the principal officers and directors and programs of the | ||||||
| 7 | converted child welfare agency or newly organized child | ||||||
| 8 | welfare agency are substantially the same as the original. The | ||||||
| 9 | Department shall have the sole discretion to grant a one-year | ||||||
| 10 | one year extension to any agency unable to obtain 501(c)(3) | ||||||
| 11 | status within the timeframe specified in this subsection (e), | ||||||
| 12 | provided that such agency has filed an application for | ||||||
| 13 | 501(c)(3) status with the Internal Revenue Service within the | ||||||
| 14 | 2-year timeframe specified in this subsection (e). | ||||||
| 15 | (f) The Department shall adopt rules to implement the | ||||||
| 16 | changes to this Section made by Public Act 103-770 this | ||||||
| 17 | amendatory Act of the 103rd General Assembly no later than | ||||||
| 18 | January 1, 2025. | ||||||
| 19 | (Source: P.A. 102-763, eff. 1-1-23; 103-594, eff. 7-1-26; | ||||||
| 20 | 103-770, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 21 | (225 ILCS 10/5.01) | ||||||
| 22 | (This Section may contain text from a Public Act with a | ||||||
| 23 | delayed effective date) | ||||||
| 24 | Sec. 5.01. Licenses; permits; Department of Early | ||||||
| 25 | Childhood. | ||||||
| |||||||
| |||||||
| 1 | (a) In respect to day care centers, the Department of | ||||||
| 2 | Early Childhood, upon receiving application filed in proper | ||||||
| 3 | order, shall examine the facilities and persons responsible | ||||||
| 4 | for care of children therein. | ||||||
| 5 | (b) In respect to day care homes, applications may be | ||||||
| 6 | filed on behalf of such homes by the Department of Early | ||||||
| 7 | Childhood. | ||||||
| 8 | (c) The Department of Early Childhood shall not allow any | ||||||
| 9 | person to examine facilities under a provision of this Act who | ||||||
| 10 | has not passed an examination demonstrating that such person | ||||||
| 11 | is familiar with this Act and with the appropriate standards | ||||||
| 12 | and regulations of the Department of Early Childhood. | ||||||
| 13 | (d) Licenses issued for day care centers, day care homes, | ||||||
| 14 | and group day care homes shall be valid for 3 years from the | ||||||
| 15 | date issued, unless revoked by the Department of Early | ||||||
| 16 | Childhood or voluntarily surrendered by the licensee. When a | ||||||
| 17 | licensee has made timely and sufficient application for the | ||||||
| 18 | renewal of a license or a new license with reference to any | ||||||
| 19 | activity of a continuing nature, the existing license shall | ||||||
| 20 | continue in full force and effect for up to 30 days until the | ||||||
| 21 | final agency decision on the application has been made. The | ||||||
| 22 | Department of Early Childhood may further extend the period in | ||||||
| 23 | which such decision must be made in individual cases for up to | ||||||
| 24 | 30 days, but such extensions shall be only upon good cause | ||||||
| 25 | shown. | ||||||
| 26 | (e) The Department of Early Childhood may issue one | ||||||
| |||||||
| |||||||
| 1 | 6-month permit to a newly established facility for child care | ||||||
| 2 | to allow that facility reasonable time to become eligible for | ||||||
| 3 | a full license. If the facility for child care is a day care | ||||||
| 4 | home the Department of Early Childhood may issue one 2-month | ||||||
| 5 | permit only. | ||||||
| 6 | (f) The Department of Early Childhood may issue an | ||||||
| 7 | emergency permit to a day care center taking in children as a | ||||||
| 8 | result of the temporary closure for more than 2 weeks of a | ||||||
| 9 | licensed child care facility due to a natural disaster. An | ||||||
| 10 | emergency permit under this subsection shall be issued to a | ||||||
| 11 | facility only if the persons providing child care services at | ||||||
| 12 | the facility were employees of the temporarily closed day care | ||||||
| 13 | center at the time it was closed. No investigation of an | ||||||
| 14 | employee of a child care facility receiving an emergency | ||||||
| 15 | permit under this subsection shall be required if that | ||||||
| 16 | employee has previously been investigated at another child | ||||||
| 17 | care facility. No emergency permit issued under this | ||||||
| 18 | subsection shall be valid for more than 90 days after the date | ||||||
| 19 | of issuance. | ||||||
| 20 | (g) During the hours of operation of any licensed day care | ||||||
| 21 | center, day care home, or group day care home, authorized | ||||||
| 22 | representatives of the Department of Early Childhood may | ||||||
| 23 | without notice visit the facility for the purpose of | ||||||
| 24 | determining its continuing compliance with this Act or rules | ||||||
| 25 | adopted pursuant thereto. | ||||||
| 26 | (h) Day care centers, day care homes, and group day care | ||||||
| |||||||
| |||||||
| 1 | homes shall be monitored at least annually by a licensing | ||||||
| 2 | representative from the Department of Early Childhood that | ||||||
| 3 | recommended licensure. | ||||||
| 4 | (Source: P.A. 103-594, eff. 7-1-26; revised 10-21-24.)
| ||||||
| 5 | (225 ILCS 10/5.1) | ||||||
| 6 | (Text of Section before amendment by P.A. 103-594) | ||||||
| 7 | Sec. 5.1. (a) The Department shall ensure that no day care | ||||||
| 8 | center, group home, or child care institution as defined in | ||||||
| 9 | this Act shall on a regular basis transport a child or children | ||||||
| 10 | with any motor vehicle unless such vehicle is operated by a | ||||||
| 11 | person who complies with the following requirements: | ||||||
| 12 | 1. is 21 years of age or older; | ||||||
| 13 | 2. currently holds a valid driver's license, which has | ||||||
| 14 | not been revoked or suspended for one or more traffic | ||||||
| 15 | violations during the 3 years immediately prior to the | ||||||
| 16 | date of application; | ||||||
| 17 | 3. demonstrates physical fitness to operate vehicles | ||||||
| 18 | by submitting the results of a medical examination | ||||||
| 19 | conducted by a licensed physician; | ||||||
| 20 | 4. has not been convicted of more than 2 offenses | ||||||
| 21 | against traffic regulations governing the movement of | ||||||
| 22 | vehicles within a 12-month period; | ||||||
| 23 | 5. has not been convicted of reckless driving or | ||||||
| 24 | driving under the influence or manslaughter or reckless | ||||||
| 25 | homicide resulting from the operation of a motor vehicle | ||||||
| |||||||
| |||||||
| 1 | within the past 3 years; | ||||||
| 2 | 6. has signed and submitted a written statement | ||||||
| 3 | certifying that the person has not, through the unlawful | ||||||
| 4 | operation of a motor vehicle, caused a crash which | ||||||
| 5 | resulted in the death of any person within the 5 years | ||||||
| 6 | immediately prior to the date of application. | ||||||
| 7 | However, such day care centers, group homes, and child | ||||||
| 8 | care institutions may provide for transportation of a child or | ||||||
| 9 | children for special outings, functions, or purposes that are | ||||||
| 10 | not scheduled on a regular basis without verification that | ||||||
| 11 | drivers for such purposes meet the requirements of this | ||||||
| 12 | Section. | ||||||
| 13 | (a-5) As a means of ensuring compliance with the | ||||||
| 14 | requirements set forth in subsection (a), the Department shall | ||||||
| 15 | implement appropriate measures to verify that every individual | ||||||
| 16 | who is employed at a group home or child care institution meets | ||||||
| 17 | those requirements. | ||||||
| 18 | For every person employed at a group home or child care | ||||||
| 19 | institution who regularly transports children in the course of | ||||||
| 20 | performing the person's duties, the Department must make the | ||||||
| 21 | verification every 2 years. Upon the Department's request, the | ||||||
| 22 | Secretary of State shall provide the Department with the | ||||||
| 23 | information necessary to enable the Department to make the | ||||||
| 24 | verifications required under subsection (a). | ||||||
| 25 | In the case of an individual employed at a group home or | ||||||
| 26 | child care institution who becomes subject to subsection (a) | ||||||
| |||||||
| |||||||
| 1 | for the first time after January 1, 2007 (the effective date of | ||||||
| 2 | Public Act 94-943), the Department must make that verification | ||||||
| 3 | with the Secretary of State before the individual operates a | ||||||
| 4 | motor vehicle to transport a child or children under the | ||||||
| 5 | circumstances described in subsection (a). | ||||||
| 6 | In the case of an individual employed at a group home or | ||||||
| 7 | child care institution who is subject to subsection (a) on | ||||||
| 8 | January 1, 2007 (the effective date of Public Act 94-943), the | ||||||
| 9 | Department must make that verification with the Secretary of | ||||||
| 10 | State within 30 days after January 1, 2007. | ||||||
| 11 | If the Department discovers that an individual fails to | ||||||
| 12 | meet the requirements set forth in subsection (a), the | ||||||
| 13 | Department shall promptly notify the appropriate group home or | ||||||
| 14 | child care institution. | ||||||
| 15 | (b) Any individual who holds a valid Illinois school bus | ||||||
| 16 | driver permit issued by the Secretary of State pursuant to the | ||||||
| 17 | Illinois Vehicle Code, and who is currently employed by a | ||||||
| 18 | school district or parochial school, or by a contractor with a | ||||||
| 19 | school district or parochial school, to drive a school bus | ||||||
| 20 | transporting children to and from school, shall be deemed in | ||||||
| 21 | compliance with the requirements of subsection (a). | ||||||
| 22 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
| 23 | revoke the license of any day care center, group home, or child | ||||||
| 24 | care institution that fails to meet the requirements of this | ||||||
| 25 | Section. | ||||||
| 26 | (d) A group home or child care institution that fails to | ||||||
| |||||||
| |||||||
| 1 | meet the requirements of this Section is guilty of a petty | ||||||
| 2 | offense and is subject to a fine of not more than $1,000. Each | ||||||
| 3 | day that a group home or child care institution fails to meet | ||||||
| 4 | the requirements of this Section is a separate offense. | ||||||
| 5 | (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23; | ||||||
| 6 | 103-605, eff. 7-1-24.)
| ||||||
| 7 | (Text of Section after amendment by P.A. 103-594) | ||||||
| 8 | Sec. 5.1. (a) The Department shall ensure that no group | ||||||
| 9 | home, or child care institution as defined in this Act shall on | ||||||
| 10 | a regular basis transport a child or children with any motor | ||||||
| 11 | vehicle unless such vehicle is operated by a person who | ||||||
| 12 | complies with the following requirements: | ||||||
| 13 | 1. is 21 years of age or older; | ||||||
| 14 | 2. currently holds a valid driver's license, which has | ||||||
| 15 | not been revoked or suspended for one or more traffic | ||||||
| 16 | violations during the 3 years immediately prior to the | ||||||
| 17 | date of application; | ||||||
| 18 | 3. demonstrates physical fitness to operate vehicles | ||||||
| 19 | by submitting the results of a medical examination | ||||||
| 20 | conducted by a licensed physician; | ||||||
| 21 | 4. has not been convicted of more than 2 offenses | ||||||
| 22 | against traffic regulations governing the movement of | ||||||
| 23 | vehicles within a 12-month period; | ||||||
| 24 | 5. has not been convicted of reckless driving or | ||||||
| 25 | driving under the influence or manslaughter or reckless | ||||||
| |||||||
| |||||||
| 1 | homicide resulting from the operation of a motor vehicle | ||||||
| 2 | within the past 3 years; | ||||||
| 3 | 6. has signed and submitted a written statement | ||||||
| 4 | certifying that the person has not, through the unlawful | ||||||
| 5 | operation of a motor vehicle, caused a crash which | ||||||
| 6 | resulted in the death of any person within the 5 years | ||||||
| 7 | immediately prior to the date of application. | ||||||
| 8 | However, such group homes, and child care institutions may | ||||||
| 9 | provide for transportation of a child or children for special | ||||||
| 10 | outings, functions, or purposes that are not scheduled on a | ||||||
| 11 | regular basis without verification that drivers for such | ||||||
| 12 | purposes meet the requirements of this Section. | ||||||
| 13 | (a-5) As a means of ensuring compliance with the | ||||||
| 14 | requirements set forth in subsection (a), the Department shall | ||||||
| 15 | implement appropriate measures to verify that every individual | ||||||
| 16 | who is employed at a group home or child care institution meets | ||||||
| 17 | those requirements. | ||||||
| 18 | For every person employed at a group home or child care | ||||||
| 19 | institution who regularly transports children in the course of | ||||||
| 20 | performing the person's duties, the Department must make the | ||||||
| 21 | verification every 2 years. Upon the Department's request, the | ||||||
| 22 | Secretary of State shall provide the Department with the | ||||||
| 23 | information necessary to enable the Department to make the | ||||||
| 24 | verifications required under subsection (a). | ||||||
| 25 | In the case of an individual employed at a group home or | ||||||
| 26 | child care institution who becomes subject to subsection (a) | ||||||
| |||||||
| |||||||
| 1 | for the first time after January 1, 2007 (the effective date of | ||||||
| 2 | Public Act 94-943), the Department must make that verification | ||||||
| 3 | with the Secretary of State before the individual operates a | ||||||
| 4 | motor vehicle to transport a child or children under the | ||||||
| 5 | circumstances described in subsection (a). | ||||||
| 6 | In the case of an individual employed at a group home or | ||||||
| 7 | child care institution who is subject to subsection (a) on | ||||||
| 8 | January 1, 2007 (the effective date of Public Act 94-943), the | ||||||
| 9 | Department must make that verification with the Secretary of | ||||||
| 10 | State within 30 days after January 1, 2007. | ||||||
| 11 | If the Department discovers that an individual fails to | ||||||
| 12 | meet the requirements set forth in subsection (a), the | ||||||
| 13 | Department shall promptly notify the appropriate group home or | ||||||
| 14 | child care institution. | ||||||
| 15 | (b) Any individual who holds a valid Illinois school bus | ||||||
| 16 | driver permit issued by the Secretary of State pursuant to the | ||||||
| 17 | Illinois Vehicle Code, and who is currently employed by a | ||||||
| 18 | school district or parochial school, or by a contractor with a | ||||||
| 19 | school district or parochial school, to drive a school bus | ||||||
| 20 | transporting children to and from school, shall be deemed in | ||||||
| 21 | compliance with the requirements of subsection (a). | ||||||
| 22 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
| 23 | revoke the license of any group home, or child care | ||||||
| 24 | institution that fails to meet the requirements of this | ||||||
| 25 | Section. | ||||||
| 26 | (d) A group home or child care institution that fails to | ||||||
| |||||||
| |||||||
| 1 | meet the requirements of this Section is guilty of a petty | ||||||
| 2 | offense and is subject to a fine of not more than $1,000. Each | ||||||
| 3 | day that a group home or child care institution fails to meet | ||||||
| 4 | the requirements of this Section is a separate offense. | ||||||
| 5 | (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23; | ||||||
| 6 | 103-594, eff. 7-1-26; 103-605, eff. 7-1-24; revised 8-15-24.)
| ||||||
| 7 | (225 ILCS 10/7.10) | ||||||
| 8 | (Text of Section before amendment by P.A. 103-594) | ||||||
| 9 | Sec. 7.10. Licensing orientation program and progress | ||||||
| 10 | report. | ||||||
| 11 | (a) For the purposes of this Section, "child day care | ||||||
| 12 | licensing" or "day care licensing" means licensing of day care | ||||||
| 13 | centers, day care homes, and group day care homes. | ||||||
| 14 | (a-5) In addition to current day care daycare training and | ||||||
| 15 | subject to appropriations, the Department or any State agency | ||||||
| 16 | that assumes day care center licensing responsibilities shall | ||||||
| 17 | host licensing orientation programs to help educate potential | ||||||
| 18 | day care center, day care home, and group day care home | ||||||
| 19 | providers about the child day care licensing process. The | ||||||
| 20 | programs shall be made available in person and virtually. The | ||||||
| 21 | Department or its successor shall offer to host licensing | ||||||
| 22 | orientation programs at least twice annually in each | ||||||
| 23 | Representative District in the State. Additionally, if one or | ||||||
| 24 | more persons request that a program be offered in a language | ||||||
| 25 | other than English, then the Department or its successor must | ||||||
| |||||||
| |||||||
| 1 | accommodate the request. | ||||||
| 2 | (b) No later than September 30th of each year, the | ||||||
| 3 | Department shall provide the General Assembly with a | ||||||
| 4 | comprehensive report on its progress in meeting performance | ||||||
| 5 | measures and goals related to child day care licensing. | ||||||
| 6 | (c) The report shall include: | ||||||
| 7 | (1) details on the funding for child day care | ||||||
| 8 | licensing, including: | ||||||
| 9 | (A) the total number of full-time employees | ||||||
| 10 | working on child day care licensing; | ||||||
| 11 | (B) the names of all sources of revenue used to | ||||||
| 12 | support child day care licensing; | ||||||
| 13 | (C) the amount of expenditures that is claimed | ||||||
| 14 | against federal funding sources; | ||||||
| 15 | (D) the identity of federal funding sources; and | ||||||
| 16 | (E) how funds are appropriated, including | ||||||
| 17 | appropriations for line staff, support staff, | ||||||
| 18 | supervisory staff, and training and other expenses and | ||||||
| 19 | the funding history of such licensing since fiscal | ||||||
| 20 | year 2010; | ||||||
| 21 | (2) current staffing qualifications of day care | ||||||
| 22 | licensing representatives and day care licensing | ||||||
| 23 | supervisors in comparison with staffing qualifications | ||||||
| 24 | specified in the job description; | ||||||
| 25 | (3) data history for fiscal year 2010 to the current | ||||||
| 26 | fiscal year on day care licensing representative caseloads | ||||||
| |||||||
| |||||||
| 1 | and staffing levels in all areas of the State; | ||||||
| 2 | (4) per the DCFS Child Day Care Licensing Advisory | ||||||
| 3 | Council's work plan, quarterly data on the following | ||||||
| 4 | measures: | ||||||
| 5 | (A) the percentage of new applications disposed of | ||||||
| 6 | within 90 days; | ||||||
| 7 | (B) the percentage of licenses renewed on time; | ||||||
| 8 | (C) the percentage of day care centers receiving | ||||||
| 9 | timely annual monitoring visits; | ||||||
| 10 | (D) the percentage of day care homes receiving | ||||||
| 11 | timely annual monitoring visits; | ||||||
| 12 | (E) the percentage of group day care homes | ||||||
| 13 | receiving timely annual monitoring visits; | ||||||
| 14 | (F) the percentage of provider requests for | ||||||
| 15 | supervisory review; | ||||||
| 16 | (G) the progress on adopting a key indicator | ||||||
| 17 | system; | ||||||
| 18 | (H) the percentage of complaints disposed of | ||||||
| 19 | within 30 days; | ||||||
| 20 | (I) the average number of days a day care center | ||||||
| 21 | applicant must wait to attend a licensing orientation; | ||||||
| 22 | (J) the number of licensing orientation sessions | ||||||
| 23 | available per region in the past year; and | ||||||
| 24 | (K) the number of Department trainings related to | ||||||
| 25 | licensing and child development available to providers | ||||||
| 26 | in the past year; and | ||||||
| |||||||
| |||||||
| 1 | (5) efforts to coordinate with the Department of Human | ||||||
| 2 | Services and the State Board of Education on professional | ||||||
| 3 | development, credentialing issues, and child developers, | ||||||
| 4 | including training registry, child developers, and Quality | ||||||
| 5 | Rating and Improvement Systems (QRIS). | ||||||
| 6 | (d) The Department shall work with the Governor's | ||||||
| 7 | appointed Early Learning Council on issues related to and | ||||||
| 8 | concerning child day care. | ||||||
| 9 | (Source: P.A. 103-805, eff. 1-1-25; revised 10-10-24.)
| ||||||
| 10 | (Text of Section after amendment by P.A. 103-594) | ||||||
| 11 | Sec. 7.10. Licensing orientation program and progress | ||||||
| 12 | report. | ||||||
| 13 | (a) For the purposes of this Section, "child day care | ||||||
| 14 | licensing" or "day care licensing" means licensing of day care | ||||||
| 15 | centers, day care homes, and group day care homes. | ||||||
| 16 | (a-5) In addition to current day care daycare training and | ||||||
| 17 | subject to appropriations, the Department or any State agency | ||||||
| 18 | that assumes day care center licensing responsibilities shall | ||||||
| 19 | host licensing orientation programs to help educate potential | ||||||
| 20 | day care center, day care home, and group day care home | ||||||
| 21 | providers about the child day care licensing process. The | ||||||
| 22 | programs shall be made available in person and virtually. The | ||||||
| 23 | Department or its successor shall offer to host licensing | ||||||
| 24 | orientation programs at least twice annually in each | ||||||
| 25 | Representative District in the State. Additionally, if one or | ||||||
| |||||||
| |||||||
| 1 | more persons request that a program be offered in a language | ||||||
| 2 | other than English, then the Department or its successor must | ||||||
| 3 | accommodate the request. | ||||||
| 4 | (b) No later than September 30th of each year, the | ||||||
| 5 | Department of Early Childhood shall provide the General | ||||||
| 6 | Assembly with a comprehensive report on its progress in | ||||||
| 7 | meeting performance measures and goals related to child day | ||||||
| 8 | care licensing. | ||||||
| 9 | (c) The report shall include: | ||||||
| 10 | (1) details on the funding for child day care | ||||||
| 11 | licensing, including: | ||||||
| 12 | (A) the total number of full-time employees | ||||||
| 13 | working on child day care licensing; | ||||||
| 14 | (B) the names of all sources of revenue used to | ||||||
| 15 | support child day care licensing; | ||||||
| 16 | (C) the amount of expenditures that is claimed | ||||||
| 17 | against federal funding sources; | ||||||
| 18 | (D) the identity of federal funding sources; and | ||||||
| 19 | (E) how funds are appropriated, including | ||||||
| 20 | appropriations for line staff, support staff, | ||||||
| 21 | supervisory staff, and training and other expenses and | ||||||
| 22 | the funding history of such licensing since fiscal | ||||||
| 23 | year 2010; | ||||||
| 24 | (2) current staffing qualifications of day care | ||||||
| 25 | licensing representatives and day care licensing | ||||||
| 26 | supervisors in comparison with staffing qualifications | ||||||
| |||||||
| |||||||
| 1 | specified in the job description; | ||||||
| 2 | (3) data history for fiscal year 2010 to the current | ||||||
| 3 | fiscal year on day care licensing representative caseloads | ||||||
| 4 | and staffing levels in all areas of the State; | ||||||
| 5 | (4) per the DCFS Child Day Care Licensing Advisory | ||||||
| 6 | Council's work plan, quarterly data on the following | ||||||
| 7 | measures: | ||||||
| 8 | (A) the percentage of new applications disposed of | ||||||
| 9 | within 90 days; | ||||||
| 10 | (B) the percentage of licenses renewed on time; | ||||||
| 11 | (C) the percentage of day care centers receiving | ||||||
| 12 | timely annual monitoring visits; | ||||||
| 13 | (D) the percentage of day care homes receiving | ||||||
| 14 | timely annual monitoring visits; | ||||||
| 15 | (E) the percentage of group day care homes | ||||||
| 16 | receiving timely annual monitoring visits; | ||||||
| 17 | (F) the percentage of provider requests for | ||||||
| 18 | supervisory review; | ||||||
| 19 | (G) the progress on adopting a key indicator | ||||||
| 20 | system; | ||||||
| 21 | (H) the percentage of complaints disposed of | ||||||
| 22 | within 30 days; | ||||||
| 23 | (I) the average number of days a day care center | ||||||
| 24 | applicant must wait to attend a licensing orientation; | ||||||
| 25 | (J) the number of licensing orientation sessions | ||||||
| 26 | available per region in the past year; and | ||||||
| |||||||
| |||||||
| 1 | (K) the number of Department of Early Childhood | ||||||
| 2 | trainings related to licensing and child development | ||||||
| 3 | available to providers in the past year; and | ||||||
| 4 | (5) efforts to coordinate with the Department of Human | ||||||
| 5 | Services and the State Board of Education on professional | ||||||
| 6 | development, credentialing issues, and child developers, | ||||||
| 7 | including training registry, child developers, and Quality | ||||||
| 8 | Rating and Improvement Systems (QRIS). | ||||||
| 9 | (d) The Department of Early Childhood shall work with the | ||||||
| 10 | Governor's appointed Early Learning Council on issues related | ||||||
| 11 | to and concerning child day care. | ||||||
| 12 | (Source: P.A. 103-594, eff. 7-1-26; 103-805, eff. 1-1-25; | ||||||
| 13 | revised 11-26-24.)
| ||||||
| 14 | (225 ILCS 10/18) (from Ch. 23, par. 2228) | ||||||
| 15 | (Text of Section before amendment by P.A. 103-594) | ||||||
| 16 | Sec. 18. Any person, group of persons, association, or | ||||||
| 17 | corporation that who: | ||||||
| 18 | (1) conducts, operates, or acts as a child care | ||||||
| 19 | facility without a license or permit to do so in violation | ||||||
| 20 | of Section 3 of this Act; | ||||||
| 21 | (2) makes materially false statements in order to | ||||||
| 22 | obtain a license or permit; | ||||||
| 23 | (3) fails to keep the records and make the reports | ||||||
| 24 | provided under this Act; | ||||||
| 25 | (4) advertises any service not authorized by license | ||||||
| |||||||
| |||||||
| 1 | or permit held; | ||||||
| 2 | (5) publishes any advertisement in violation of this | ||||||
| 3 | Act; | ||||||
| 4 | (6) receives within this State any child in violation | ||||||
| 5 | of Section 16 of this Act; or | ||||||
| 6 | (7) violates any other provision of this Act or any | ||||||
| 7 | reasonable rule or regulation adopted and published by the | ||||||
| 8 | Department for the enforcement of the provisions of this | ||||||
| 9 | Act; , | ||||||
| 10 | is guilty of a Class A misdemeanor and, in case of an | ||||||
| 11 | association or corporation, imprisonment may be imposed upon | ||||||
| 12 | its officers who knowingly participated in the violation. | ||||||
| 13 | Any child care facility that continues to operate after | ||||||
| 14 | its license is revoked under Section 8 of this Act or after its | ||||||
| 15 | license expires and the Department refused to renew the | ||||||
| 16 | license as provided in Section 8 of this Act is guilty of a | ||||||
| 17 | business offense and shall be fined an amount in excess of $500 | ||||||
| 18 | but not exceeding $10,000, and each day of violation is a | ||||||
| 19 | separate offense. | ||||||
| 20 | In a prosecution under this Act, a defendant who relies | ||||||
| 21 | upon the relationship of any child to the defendant has the | ||||||
| 22 | burden of proof as to that relationship. | ||||||
| 23 | (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24; | ||||||
| 24 | revised 10-21-24.)
| ||||||
| 25 | (Text of Section after amendment by P.A. 103-594) | ||||||
| |||||||
| |||||||
| 1 | Sec. 18. Any person, group of persons, association, or | ||||||
| 2 | corporation that who, with respect to a child care facility | ||||||
| 3 | other than a day care center, day care home, or group day care | ||||||
| 4 | home: | ||||||
| 5 | (1) conducts, operates, or acts as a child care | ||||||
| 6 | facility without a license or permit to do so in | ||||||
| 7 | violation of Section 3 of this Act; | ||||||
| 8 | (2) makes materially false statements in order to | ||||||
| 9 | obtain a license or permit; | ||||||
| 10 | (3) fails to keep the records and make the reports | ||||||
| 11 | provided under this Act; | ||||||
| 12 | (4) advertises any service not authorized by | ||||||
| 13 | license or permit held; | ||||||
| 14 | (5) publishes any advertisement in violation of | ||||||
| 15 | this Act; | ||||||
| 16 | (6) receives within this State any child in | ||||||
| 17 | violation of Section 16 of this Act; or | ||||||
| 18 | (7) violates any other provision of this Act or | ||||||
| 19 | any reasonable rule or regulation adopted and | ||||||
| 20 | published by the Department for the enforcement of the | ||||||
| 21 | provisions of this Act; , | ||||||
| 22 | is guilty of a Class A misdemeanor and, in case of an | ||||||
| 23 | association or corporation, imprisonment may be imposed upon | ||||||
| 24 | its officers who knowingly participated in the violation. | ||||||
| 25 | Any child care facility (other than a day care center, day | ||||||
| 26 | care home, or group day care home) that continues to operate | ||||||
| |||||||
| |||||||
| 1 | after its license is revoked under Section 8 of this Act or | ||||||
| 2 | after its license expires and the Department refused to renew | ||||||
| 3 | the license as provided in Section 8 of this Act is guilty of a | ||||||
| 4 | business offense and shall be fined an amount in excess of $500 | ||||||
| 5 | but not exceeding $10,000, and each day of violation is a | ||||||
| 6 | separate offense. | ||||||
| 7 | In a prosecution under this Act, a defendant who relies | ||||||
| 8 | upon the relationship of any child to the defendant has the | ||||||
| 9 | burden of proof as to that relationship. | ||||||
| 10 | (Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26; | ||||||
| 11 | 103-605, eff. 7-1-24; revised 10-21-24.)
| ||||||
| 12 | (225 ILCS 10/18.1) | ||||||
| 13 | (This Section may contain text from a Public Act with a | ||||||
| 14 | delayed effective date) | ||||||
| 15 | Sec. 18.1. Violations; day care center, day care home, or | ||||||
| 16 | group day care home. Any person, group of persons, | ||||||
| 17 | association, or corporation that: | ||||||
| 18 | (1) conducts, operates, or acts as a day care center, | ||||||
| 19 | day care home, or group day care home without a license or | ||||||
| 20 | permit to do so in violation of Section 3.01 of this Act; | ||||||
| 21 | (2) makes materially false statements in order to | ||||||
| 22 | obtain a license or permit; | ||||||
| 23 | (3) fails to keep the records and make the reports | ||||||
| 24 | provided under this Act; | ||||||
| 25 | (4) advertises any service not authorized by license | ||||||
| |||||||
| |||||||
| 1 | or permit held; | ||||||
| 2 | (5) publishes any advertisement in violation of this | ||||||
| 3 | Act; | ||||||
| 4 | (6) receives within this State any child in violation | ||||||
| 5 | of Section 16.1 of this Act; or | ||||||
| 6 | (7) violates any other provision of this Act or any | ||||||
| 7 | reasonable rule or regulation adopted and published by the | ||||||
| 8 | Department of Early Childhood for the enforcement of the | ||||||
| 9 | provisions of this Act; , | ||||||
| 10 | is guilty of a Class A misdemeanor and, in the case of an | ||||||
| 11 | association or corporation, imprisonment may be imposed upon | ||||||
| 12 | its officers who knowingly participated in the violation. | ||||||
| 13 | Any day care center, day care home, or group day care home | ||||||
| 14 | that continues to operate after its license is revoked under | ||||||
| 15 | Section 8 or 8a of this Act or after its license expires and | ||||||
| 16 | the Department of Early Childhood refused to renew the license | ||||||
| 17 | as provided in Section 8 or 8a of this Act is guilty of a | ||||||
| 18 | business offense and shall be fined an amount in excess of $500 | ||||||
| 19 | but not exceeding $10,000. Each day of violation is a separate | ||||||
| 20 | offense. | ||||||
| 21 | In a prosecution under this Act, a defendant who relies | ||||||
| 22 | upon the relationship of any child to the defendant has the | ||||||
| 23 | burden of proof as to that relationship. | ||||||
| 24 | (Source: P.A. 103-594, eff. 7-1-26; revised 10-21-24.)
| ||||||
| 25 | Section 820. The Clinical Social Work and Social Work | ||||||
| |||||||
| |||||||
| 1 | Practice Act is amended by changing Section 19 as follows:
| ||||||
| 2 | (225 ILCS 20/19) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 4 | Sec. 19. Grounds for disciplinary action. | ||||||
| 5 | (1) The Department may refuse to issue or renew a license, | ||||||
| 6 | or may suspend, revoke, place on probation, reprimand, or take | ||||||
| 7 | any other disciplinary or non-disciplinary action deemed | ||||||
| 8 | appropriate by the Department, including the imposition of | ||||||
| 9 | fines not to exceed $10,000 for each violation, with regard to | ||||||
| 10 | any license issued under the provisions of this Act for any one | ||||||
| 11 | or a combination of the following grounds: | ||||||
| 12 | (a) material misstatements in furnishing information | ||||||
| 13 | to the Department or to any other State agency or in | ||||||
| 14 | furnishing information to any insurance company with | ||||||
| 15 | respect to a claim on behalf of a licensee or a patient; | ||||||
| 16 | (b) violations or negligent or intentional disregard | ||||||
| 17 | of this Act, or any of the rules promulgated hereunder; | ||||||
| 18 | (c) conviction of or entry of a plea of guilty or nolo | ||||||
| 19 | contendere, finding of guilt, jury verdict, or entry of | ||||||
| 20 | judgment or sentencing, including, but not limited to, | ||||||
| 21 | convictions, preceding sentences of supervision, | ||||||
| 22 | conditional discharge, or first offender probation, under | ||||||
| 23 | the laws of any jurisdiction of the United States that is | ||||||
| 24 | (i) a felony or (ii) a misdemeanor, an essential element | ||||||
| 25 | of which is dishonesty, or that is directly related to the | ||||||
| |||||||
| |||||||
| 1 | practice of the clinical social work or social work | ||||||
| 2 | professions; | ||||||
| 3 | (d) fraud or misrepresentation in applying for or | ||||||
| 4 | procuring a license under this Act or in connection with | ||||||
| 5 | applying for renewal or restoration of a license under | ||||||
| 6 | this Act; | ||||||
| 7 | (e) professional incompetence; | ||||||
| 8 | (f) gross negligence in practice under this Act; | ||||||
| 9 | (g) aiding or assisting another person in violating | ||||||
| 10 | any provision of this Act or its rules; | ||||||
| 11 | (h) failing to provide information within 60 days in | ||||||
| 12 | response to a written request made by the Department; | ||||||
| 13 | (i) engaging in dishonorable, unethical or | ||||||
| 14 | unprofessional conduct of a character likely to deceive, | ||||||
| 15 | defraud or harm the public as defined by the rules of the | ||||||
| 16 | Department, or violating the rules of professional conduct | ||||||
| 17 | adopted by the Department; | ||||||
| 18 | (j) habitual or excessive use or abuse of drugs | ||||||
| 19 | defined in law as controlled substances, of alcohol, or of | ||||||
| 20 | any other substances that results in the inability to | ||||||
| 21 | practice with reasonable judgment, skill, or safety; | ||||||
| 22 | (k) adverse action taken by another state or | ||||||
| 23 | jurisdiction, if at least one of the grounds for the | ||||||
| 24 | discipline is the same or substantially equivalent to | ||||||
| 25 | those set forth in this Section; | ||||||
| 26 | (l) directly or indirectly giving to or receiving from | ||||||
| |||||||
| |||||||
| 1 | any person, firm, corporation, partnership, or association | ||||||
| 2 | any fee, commission, rebate or other form of compensation | ||||||
| 3 | for any professional service not actually rendered. | ||||||
| 4 | Nothing in this paragraph (l) affects any bona fide | ||||||
| 5 | independent contractor or employment arrangements among | ||||||
| 6 | health care professionals, health facilities, health care | ||||||
| 7 | providers, or other entities, except as otherwise | ||||||
| 8 | prohibited by law. Any employment arrangements may include | ||||||
| 9 | provisions for compensation, health insurance, pension, or | ||||||
| 10 | other employment benefits for the provision of services | ||||||
| 11 | within the scope of the licensee's practice under this | ||||||
| 12 | Act. Nothing in this paragraph (l) shall be construed to | ||||||
| 13 | require an employment arrangement to receive professional | ||||||
| 14 | fees for services rendered; | ||||||
| 15 | (m) a finding by the Department that the licensee, | ||||||
| 16 | after having the license placed on probationary status, | ||||||
| 17 | has violated the terms of probation or failed to comply | ||||||
| 18 | with such terms; | ||||||
| 19 | (n) abandonment, without cause, of a client; | ||||||
| 20 | (o) willfully making or filing false records or | ||||||
| 21 | reports relating to a licensee's practice, including, but | ||||||
| 22 | not limited to, false records filed with Federal or State | ||||||
| 23 | agencies or departments; | ||||||
| 24 | (p) willfully failing to report an instance of | ||||||
| 25 | suspected child abuse or neglect as required by the Abused | ||||||
| 26 | and Neglected Child Reporting Act; | ||||||
| |||||||
| |||||||
| 1 | (q) being named as a perpetrator in an indicated | ||||||
| 2 | report by the Department of Children and Family Services | ||||||
| 3 | under the Abused and Neglected Child Reporting Act, and | ||||||
| 4 | upon proof by clear and convincing evidence that the | ||||||
| 5 | licensee has caused a child to be an abused child or | ||||||
| 6 | neglected child as defined in the Abused and Neglected | ||||||
| 7 | Child Reporting Act; | ||||||
| 8 | (r) physical illness, mental illness, or any other | ||||||
| 9 | impairment or disability, including, but not limited to, | ||||||
| 10 | deterioration through the aging process, or loss of motor | ||||||
| 11 | skills that results in the inability to practice the | ||||||
| 12 | profession with reasonable judgment, skill or safety; | ||||||
| 13 | (s) solicitation of professional services by using | ||||||
| 14 | false or misleading advertising; | ||||||
| 15 | (t) violation of the Health Care Worker Self-Referral | ||||||
| 16 | Act; | ||||||
| 17 | (u) willfully failing to report an instance of | ||||||
| 18 | suspected abuse, neglect, financial exploitation, or | ||||||
| 19 | self-neglect of an eligible adult as defined in and | ||||||
| 20 | required by the Adult Protective Services Act; or | ||||||
| 21 | (v) being named as an abuser in a verified report by | ||||||
| 22 | the Department on Aging under the Adult Protective | ||||||
| 23 | Services Act, and upon proof by clear and convincing | ||||||
| 24 | evidence that the licensee abused, neglected, or | ||||||
| 25 | financially exploited an eligible adult as defined in the | ||||||
| 26 | Adult Protective Services Act. | ||||||
| |||||||
| |||||||
| 1 | (2) (Blank). | ||||||
| 2 | (3) The determination by a court that a licensee is | ||||||
| 3 | subject to involuntary admission or judicial admission as | ||||||
| 4 | provided in the Mental Health and Developmental Disabilities | ||||||
| 5 | Code, will result in an automatic suspension of the licensee's | ||||||
| 6 | license. Such suspension will end upon a finding by a court | ||||||
| 7 | that the licensee is no longer subject to involuntary | ||||||
| 8 | admission or judicial admission and issues an order so finding | ||||||
| 9 | and discharging the patient, and upon the recommendation of | ||||||
| 10 | the Board to the Secretary that the licensee be allowed to | ||||||
| 11 | resume professional practice. | ||||||
| 12 | (4) The Department shall refuse to issue or renew or may | ||||||
| 13 | suspend the license of a person who (i) fails to file a return, | ||||||
| 14 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
| 15 | pay any final assessment of tax, penalty, or interest, as | ||||||
| 16 | required by any tax Act administered by the Department of | ||||||
| 17 | Revenue, until the requirements of the tax Act are satisfied | ||||||
| 18 | or (ii) has failed to pay any court-ordered child support as | ||||||
| 19 | determined by a court order or by referral from the Department | ||||||
| 20 | of Healthcare and Family Services. | ||||||
| 21 | (4.5) The Department shall not revoke, suspend, summarily | ||||||
| 22 | suspend, place on prohibition, reprimand, refuse to issue or | ||||||
| 23 | renew, or take any other disciplinary or non-disciplinary | ||||||
| 24 | action against a license or permit issued under this Act based | ||||||
| 25 | solely upon the licensed clinical social worker authorizing, | ||||||
| 26 | recommending, aiding, assisting, referring for, or otherwise | ||||||
| |||||||
| |||||||
| 1 | participating in any health care service, so long as the care | ||||||
| 2 | was not unlawful under the laws of this State, regardless of | ||||||
| 3 | whether the patient was a resident of this State or another | ||||||
| 4 | state. | ||||||
| 5 | (4.10) The Department shall not revoke, suspend, summarily | ||||||
| 6 | suspend, place on prohibition, reprimand, refuse to issue or | ||||||
| 7 | renew, or take any other disciplinary or non-disciplinary | ||||||
| 8 | action against the license or permit issued under this Act to | ||||||
| 9 | practice as a licensed clinical social worker based upon the | ||||||
| 10 | licensed clinical social worker's license being revoked or | ||||||
| 11 | suspended, or the licensed clinical social worker being | ||||||
| 12 | otherwise disciplined by any other state, if that revocation, | ||||||
| 13 | suspension, or other form of discipline was based solely on | ||||||
| 14 | the licensed clinical social worker violating another state's | ||||||
| 15 | laws prohibiting the provision of, authorization of, | ||||||
| 16 | recommendation of, aiding or assisting in, referring for, or | ||||||
| 17 | participation in any health care service if that health care | ||||||
| 18 | service as provided would not have been unlawful under the | ||||||
| 19 | laws of this State and is consistent with the standards of | ||||||
| 20 | conduct for a licensed clinical social worker practicing in | ||||||
| 21 | Illinois. | ||||||
| 22 | (4.15) The conduct specified in subsection (4.5), (4.10), | ||||||
| 23 | (4.25), or (4.30) shall not constitute grounds for suspension | ||||||
| 24 | under Section 32. | ||||||
| 25 | (4.20) An applicant seeking licensure, certification, or | ||||||
| 26 | authorization pursuant to this Act who has been subject to | ||||||
| |||||||
| |||||||
| 1 | disciplinary action by a duly authorized professional | ||||||
| 2 | disciplinary agency of another jurisdiction solely on the | ||||||
| 3 | basis of having authorized, recommended, aided, assisted, | ||||||
| 4 | referred for, or otherwise participated in health care shall | ||||||
| 5 | not be denied such licensure, certification, or authorization, | ||||||
| 6 | unless the Department determines that such action would have | ||||||
| 7 | constituted professional misconduct in this State; however, | ||||||
| 8 | nothing in this Section shall be construed as prohibiting the | ||||||
| 9 | Department from evaluating the conduct of such applicant and | ||||||
| 10 | making a determination regarding the licensure, certification, | ||||||
| 11 | or authorization to practice a profession under this Act. | ||||||
| 12 | (4.25) The Department may not revoke, suspend, summarily | ||||||
| 13 | suspend, place on prohibition, reprimand, refuse to issue or | ||||||
| 14 | renew, or take any other disciplinary or non-disciplinary | ||||||
| 15 | action against a license or permit issued under this Act based | ||||||
| 16 | solely upon an immigration violation by the licensed clinical | ||||||
| 17 | social worker. | ||||||
| 18 | (4.30) The Department may not revoke, suspend, summarily | ||||||
| 19 | suspend, place on prohibition, reprimand, refuse to issue or | ||||||
| 20 | renew, or take any other disciplinary or non-disciplinary | ||||||
| 21 | action against the license or permit issued under this Act to | ||||||
| 22 | practice as a licensed clinical social worker based upon the | ||||||
| 23 | licensed clinical social worker's license being revoked or | ||||||
| 24 | suspended, or the licensed clinical social worker being | ||||||
| 25 | otherwise disciplined by any other state, if that revocation, | ||||||
| 26 | suspension, or other form of discipline was based solely upon | ||||||
| |||||||
| |||||||
| 1 | an immigration violation by the licensed clinical social | ||||||
| 2 | worker. | ||||||
| 3 | (5)(a) In enforcing this Section, the Department or Board, | ||||||
| 4 | upon a showing of a possible violation, may compel a person | ||||||
| 5 | licensed to practice under this Act, or who has applied for | ||||||
| 6 | licensure under this Act, to submit to a mental or physical | ||||||
| 7 | examination, or both, which may include a substance abuse or | ||||||
| 8 | sexual offender evaluation, as required by and at the expense | ||||||
| 9 | of the Department. | ||||||
| 10 | (b) The Department shall specifically designate the | ||||||
| 11 | examining physician licensed to practice medicine in all of | ||||||
| 12 | its branches or, if applicable, the multidisciplinary team | ||||||
| 13 | involved in providing the mental or physical examination or | ||||||
| 14 | both. The multidisciplinary team shall be led by a physician | ||||||
| 15 | licensed to practice medicine in all of its branches and may | ||||||
| 16 | consist of one or more or a combination of physicians licensed | ||||||
| 17 | to practice medicine in all of its branches, licensed clinical | ||||||
| 18 | psychologists, licensed clinical social workers, licensed | ||||||
| 19 | clinical professional counselors, and other professional and | ||||||
| 20 | administrative staff. Any examining physician or member of the | ||||||
| 21 | multidisciplinary team may require any person ordered to | ||||||
| 22 | submit to an examination pursuant to this Section to submit to | ||||||
| 23 | any additional supplemental testing deemed necessary to | ||||||
| 24 | complete any examination or evaluation process, including, but | ||||||
| 25 | not limited to, blood testing, urinalysis, psychological | ||||||
| 26 | testing, or neuropsychological testing. | ||||||
| |||||||
| |||||||
| 1 | (c) The Board or the Department may order the examining | ||||||
| 2 | physician or any member of the multidisciplinary team to | ||||||
| 3 | present testimony concerning this mental or physical | ||||||
| 4 | examination of the licensee or applicant. No information, | ||||||
| 5 | report, record, or other documents in any way related to the | ||||||
| 6 | examination shall be excluded by reason of any common law or | ||||||
| 7 | statutory privilege relating to communications between the | ||||||
| 8 | licensee or applicant and the examining physician or any | ||||||
| 9 | member of the multidisciplinary team. No authorization is | ||||||
| 10 | necessary from the licensee or applicant ordered to undergo an | ||||||
| 11 | examination for the examining physician or any member of the | ||||||
| 12 | multidisciplinary team to provide information, reports, | ||||||
| 13 | records, or other documents or to provide any testimony | ||||||
| 14 | regarding the examination and evaluation. | ||||||
| 15 | (d) The person to be examined may have, at the person's own | ||||||
| 16 | expense, another physician of the person's choice present | ||||||
| 17 | during all aspects of the examination. However, that physician | ||||||
| 18 | shall be present only to observe and may not interfere in any | ||||||
| 19 | way with the examination. | ||||||
| 20 | (e) Failure of any person to submit to a mental or physical | ||||||
| 21 | examination without reasonable cause, when ordered, shall | ||||||
| 22 | result in an automatic suspension of the person's license | ||||||
| 23 | until the person submits to the examination. | ||||||
| 24 | (f) If the Department or Board finds a person unable to | ||||||
| 25 | practice because of the reasons set forth in this Section, the | ||||||
| 26 | Department or Board may require that person to submit to care, | ||||||
| |||||||
| |||||||
| 1 | counseling, or treatment by physicians approved or designated | ||||||
| 2 | by the Department or Board, as a condition, term, or | ||||||
| 3 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 4 | practice; or, in lieu of care, counseling or treatment, the | ||||||
| 5 | Department may file, or the Board may recommend to the | ||||||
| 6 | Department to file, a complaint to immediately suspend, | ||||||
| 7 | revoke, or otherwise discipline the license of the person. Any | ||||||
| 8 | person whose license was granted, continued, reinstated, | ||||||
| 9 | renewed, disciplined or supervised subject to such terms, | ||||||
| 10 | conditions or restrictions, and who fails to comply with such | ||||||
| 11 | terms, conditions, or restrictions, shall be referred to the | ||||||
| 12 | Secretary for a determination as to whether the person's | ||||||
| 13 | license shall be suspended immediately, pending a hearing by | ||||||
| 14 | the Department. | ||||||
| 15 | (g) All fines imposed shall be paid within 60 days after | ||||||
| 16 | the effective date of the order imposing the fine or in | ||||||
| 17 | accordance with the terms set forth in the order imposing the | ||||||
| 18 | fine. | ||||||
| 19 | In instances in which the Secretary immediately suspends a | ||||||
| 20 | person's license under this Section, a hearing on that | ||||||
| 21 | person's license must be convened by the Department within 30 | ||||||
| 22 | days after the suspension and completed without appreciable | ||||||
| 23 | delay. The Department and Board shall have the authority to | ||||||
| 24 | review the subject person's record of treatment and counseling | ||||||
| 25 | regarding the impairment, to the extent permitted by | ||||||
| 26 | applicable federal statutes and regulations safeguarding the | ||||||
| |||||||
| |||||||
| 1 | confidentiality of medical records. | ||||||
| 2 | A person licensed under this Act and affected under this | ||||||
| 3 | Section shall be afforded an opportunity to demonstrate to the | ||||||
| 4 | Department or Board that the person can resume practice in | ||||||
| 5 | compliance with acceptable and prevailing standards under the | ||||||
| 6 | provisions of the person's license. | ||||||
| 7 | (h) The Department may adopt rules to implement the | ||||||
| 8 | changes made by Public Act 102-1117 this amendatory Act of the | ||||||
| 9 | 102nd General Assembly. | ||||||
| 10 | (Source: P.A. 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25; | ||||||
| 11 | 103-1048, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 12 | Section 825. The Illinois Dental Practice Act is amended | ||||||
| 13 | by changing Sections 4 and 17.2 as follows:
| ||||||
| 14 | (225 ILCS 25/4) (from Ch. 111, par. 2304) | ||||||
| 15 | (Section scheduled to be repealed on January 1, 2026) | ||||||
| 16 | Sec. 4. Definitions. As used in this Act: | ||||||
| 17 | "Address of record" means the designated address recorded | ||||||
| 18 | by the Department in the applicant's or licensee's application | ||||||
| 19 | file or license file as maintained by the Department's | ||||||
| 20 | licensure maintenance unit. It is the duty of the applicant or | ||||||
| 21 | licensee to inform the Department of any change of address and | ||||||
| 22 | those changes must be made either through the Department's | ||||||
| 23 | website or by contacting the Department. | ||||||
| 24 | "Department" means the Department of Financial and | ||||||
| |||||||
| |||||||
| 1 | Professional Regulation. | ||||||
| 2 | "Secretary" means the Secretary of Financial and | ||||||
| 3 | Professional Regulation. | ||||||
| 4 | "Board" means the Board of Dentistry. | ||||||
| 5 | "Dentist" means a person who has received a general | ||||||
| 6 | license pursuant to subsection paragraph (a) of Section 11 of | ||||||
| 7 | this Act and who may perform any intraoral and extraoral | ||||||
| 8 | procedure required in the practice of dentistry and to whom is | ||||||
| 9 | reserved the responsibilities specified in Section 17. | ||||||
| 10 | "Dental hygienist" means a person who holds a license | ||||||
| 11 | under this Act to perform dental services as authorized by | ||||||
| 12 | Section 18. | ||||||
| 13 | "Dental assistant" means an appropriately trained person | ||||||
| 14 | who, under the supervision of a dentist, provides dental | ||||||
| 15 | services as authorized by Section 17. | ||||||
| 16 | "Expanded function dental assistant" means a dental | ||||||
| 17 | assistant who has completed the training required by Section | ||||||
| 18 | 17.1 of this Act. | ||||||
| 19 | "Dental laboratory" means a person, firm, or corporation | ||||||
| 20 | which: | ||||||
| 21 | (i) engages in making, providing, repairing, or | ||||||
| 22 | altering dental prosthetic appliances and other artificial | ||||||
| 23 | materials and devices which are returned to a dentist for | ||||||
| 24 | insertion into the human oral cavity or which come in | ||||||
| 25 | contact with its adjacent structures and tissues; and | ||||||
| 26 | (ii) utilizes or employs a dental technician to | ||||||
| |||||||
| |||||||
| 1 | provide such services; and | ||||||
| 2 | (iii) performs such functions only for a dentist or | ||||||
| 3 | dentists. | ||||||
| 4 | "Supervision" means supervision of a dental hygienist or a | ||||||
| 5 | dental assistant requiring that a dentist authorize the | ||||||
| 6 | procedure, remain in the dental facility while the procedure | ||||||
| 7 | is performed, and approve the work performed by the dental | ||||||
| 8 | hygienist or dental assistant before dismissal of the patient, | ||||||
| 9 | but does not mean that the dentist must be present at all times | ||||||
| 10 | in the treatment room. | ||||||
| 11 | "General supervision" means supervision of a dental | ||||||
| 12 | hygienist requiring that the patient be a patient of record, | ||||||
| 13 | that the dentist examine the patient in accordance with | ||||||
| 14 | Section 18 prior to treatment by the dental hygienist, and | ||||||
| 15 | that the dentist authorize the procedures which are being | ||||||
| 16 | carried out by a notation in the patient's record, but not | ||||||
| 17 | requiring that a dentist be present when the authorized | ||||||
| 18 | procedures are being performed. The issuance of a prescription | ||||||
| 19 | to a dental laboratory by a dentist does not constitute | ||||||
| 20 | general supervision. | ||||||
| 21 | "Public member" means a person who is not a health | ||||||
| 22 | professional. For purposes of board membership, any person | ||||||
| 23 | with a significant financial interest in a health service or | ||||||
| 24 | profession is not a public member. | ||||||
| 25 | "Dentistry" means the healing art which is concerned with | ||||||
| 26 | the examination, diagnosis, treatment planning, and care of | ||||||
| |||||||
| |||||||
| 1 | conditions within the human oral cavity and its adjacent | ||||||
| 2 | tissues and structures, as further specified in Section 17. | ||||||
| 3 | "Branches of dentistry" means the various specialties of | ||||||
| 4 | dentistry which, for purposes of this Act, shall be limited to | ||||||
| 5 | the following: endodontics, oral and maxillofacial surgery, | ||||||
| 6 | orthodontics and dentofacial orthopedics, pediatric dentistry, | ||||||
| 7 | periodontics, prosthodontics, oral and maxillofacial | ||||||
| 8 | radiology, and dental anesthesiology. | ||||||
| 9 | "Specialist" means a dentist who has received a specialty | ||||||
| 10 | license pursuant to subsection (b) of Section 11 11(b). | ||||||
| 11 | "Dental technician" means a person who owns, operates, or | ||||||
| 12 | is employed by a dental laboratory and engages in making, | ||||||
| 13 | providing, repairing, or altering dental prosthetic appliances | ||||||
| 14 | and other artificial materials and devices which are returned | ||||||
| 15 | to a dentist for insertion into the human oral cavity or which | ||||||
| 16 | come in contact with its adjacent structures and tissues. | ||||||
| 17 | "Informed consent" means legally valid consent that is | ||||||
| 18 | given by a patient or legal guardian, that is recorded in | ||||||
| 19 | writing or digitally, that authorizes intervention or | ||||||
| 20 | treatment services from the treating dentist, and that | ||||||
| 21 | documents agreement to participate in those services and | ||||||
| 22 | knowledge of the risks, benefits, and alternatives, including | ||||||
| 23 | the decision to withdraw from or decline treatment. | ||||||
| 24 | "Impaired dentist" or "impaired dental hygienist" means a | ||||||
| 25 | dentist or dental hygienist who is unable to practice with | ||||||
| 26 | reasonable skill and safety because of a physical or mental | ||||||
| |||||||
| |||||||
| 1 | disability as evidenced by a written determination or written | ||||||
| 2 | consent based on clinical evidence, including deterioration | ||||||
| 3 | through the aging process, loss of motor skills, abuse of | ||||||
| 4 | drugs or alcohol, or a psychiatric disorder, of sufficient | ||||||
| 5 | degree to diminish the person's ability to deliver competent | ||||||
| 6 | patient care. | ||||||
| 7 | "Nurse" means a registered professional nurse, a certified | ||||||
| 8 | registered nurse anesthetist licensed as an advanced practice | ||||||
| 9 | registered nurse, or a licensed practical nurse licensed under | ||||||
| 10 | the Nurse Practice Act. | ||||||
| 11 | "Patient of record", except as provided in Section 17.2, | ||||||
| 12 | means a patient for whom the patient's most recent dentist has | ||||||
| 13 | obtained a relevant medical and dental history and on whom the | ||||||
| 14 | dentist has performed a physical examination within the last | ||||||
| 15 | year and evaluated the condition to be treated, including a | ||||||
| 16 | review of the patient's most recent x-rays. | ||||||
| 17 | "Dental responder" means a dentist or dental hygienist who | ||||||
| 18 | is appropriately certified in disaster preparedness, | ||||||
| 19 | immunizations, and dental humanitarian medical response | ||||||
| 20 | consistent with the Society of Disaster Medicine and Public | ||||||
| 21 | Health and training certified by the National Incident | ||||||
| 22 | Management System or the National Disaster Life Support | ||||||
| 23 | Foundation. | ||||||
| 24 | "Mobile dental van or portable dental unit" means any | ||||||
| 25 | self-contained or portable dental unit in which dentistry is | ||||||
| 26 | practiced that can be moved, towed, or transported from one | ||||||
| |||||||
| |||||||
| 1 | location to another in order to establish a location where | ||||||
| 2 | dental services can be provided. | ||||||
| 3 | "Public health dental hygienist" means a hygienist who | ||||||
| 4 | holds a valid license to practice in the State, has 2 years of | ||||||
| 5 | full-time clinical experience or an equivalent of 4,000 hours | ||||||
| 6 | of clinical experience, and has completed at least 42 clock | ||||||
| 7 | hours of additional structured courses in dental education in | ||||||
| 8 | advanced areas specific to public health dentistry. | ||||||
| 9 | "Public health setting" means a federally qualified health | ||||||
| 10 | center; a federal, State, or local public health facility; | ||||||
| 11 | Head Start; a special supplemental nutrition program for | ||||||
| 12 | Women, Infants, and Children (WIC) facility; a certified | ||||||
| 13 | school-based health center or school-based oral health | ||||||
| 14 | program; a prison; or a long-term care facility. | ||||||
| 15 | "Public health supervision" means the supervision of a | ||||||
| 16 | public health dental hygienist by a licensed dentist who has a | ||||||
| 17 | written public health supervision agreement with that public | ||||||
| 18 | health dental hygienist while working in an approved facility | ||||||
| 19 | or program that allows the public health dental hygienist to | ||||||
| 20 | treat patients, without a dentist first examining the patient | ||||||
| 21 | and being present in the facility during treatment, (1) who | ||||||
| 22 | are eligible for Medicaid or (2) who are uninsured or whose | ||||||
| 23 | household income is not greater than 300% of the federal | ||||||
| 24 | poverty level. | ||||||
| 25 | "Teledentistry" means the use of telehealth systems and | ||||||
| 26 | methodologies in dentistry and includes patient diagnosis, | ||||||
| |||||||
| |||||||
| 1 | treatment planning, care, and education delivery for a patient | ||||||
| 2 | of record using synchronous and asynchronous communications | ||||||
| 3 | under an Illinois licensed dentist's authority as provided | ||||||
| 4 | under this Act. | ||||||
| 5 | "Moderate sedation" means a drug-induced depression of | ||||||
| 6 | consciousness during which: (1) patients respond purposefully | ||||||
| 7 | to verbal commands, either alone or accompanied by light | ||||||
| 8 | tactile stimulation; (2) no interventions are required to | ||||||
| 9 | maintain a patient's airway and spontaneous ventilation is | ||||||
| 10 | adequate; and (3) cardiovascular function is usually | ||||||
| 11 | maintained. | ||||||
| 12 | "Deep sedation" means a drug-induced depression of | ||||||
| 13 | consciousness during which: (1) patients cannot be easily | ||||||
| 14 | aroused, but respond purposefully following repeated or | ||||||
| 15 | painful stimulation; (2) the ability to independently maintain | ||||||
| 16 | ventilatory function may be impaired; (3) patients may require | ||||||
| 17 | assistance in maintaining airways and spontaneous ventilation | ||||||
| 18 | may be inadequate; and (4) cardiovascular function is usually | ||||||
| 19 | maintained. | ||||||
| 20 | "General anesthesia" means a drug-induced loss of | ||||||
| 21 | consciousness during which: (1) patients are not arousable, | ||||||
| 22 | even by painful stimulation; (2) the ability to independently | ||||||
| 23 | maintain ventilatory function is often impaired; (3) patients | ||||||
| 24 | often require assistance in maintaining airways and positive | ||||||
| 25 | pressure ventilation may be required because of depressed | ||||||
| 26 | spontaneous ventilation or drug-induced depression of | ||||||
| |||||||
| |||||||
| 1 | neuromuscular function; and (4) cardiovascular function may be | ||||||
| 2 | impaired. | ||||||
| 3 | "Venipuncture" means the puncture of a vein as part of a | ||||||
| 4 | medical procedure, typically to withdraw a blood sample or for | ||||||
| 5 | an intravenous catheter for the administration of medication | ||||||
| 6 | or fluids. | ||||||
| 7 | "Enteral route of administration" means administration of | ||||||
| 8 | a drug that is absorbed through the gastrointestinal tract or | ||||||
| 9 | through oral, rectal, or sublingual mucosa. | ||||||
| 10 | "Parenteral route of administration" means administration | ||||||
| 11 | of a drug by which the drug bypasses the gastrointestinal | ||||||
| 12 | tract through intramuscular, intravenous, intranasal, | ||||||
| 13 | submucosal, subcutaneous, or intraosseous methods. | ||||||
| 14 | (Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21; | ||||||
| 15 | 102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff. | ||||||
| 16 | 1-1-24; 103-605, eff. 7-1-24; 103-628, eff. 7-1-24; 103-902, | ||||||
| 17 | eff. 8-9-24; revised 10-10-24.)
| ||||||
| 18 | (225 ILCS 25/17.2) | ||||||
| 19 | (Section scheduled to be repealed on January 1, 2026) | ||||||
| 20 | Sec. 17.2. Teledentistry. | ||||||
| 21 | (a) As used in this Section, "patient of record" means a | ||||||
| 22 | patient for whom the patient's most recent Illinois-licensed | ||||||
| 23 | dentist has obtained a relevant medical and dental history and | ||||||
| 24 | on whom the dentist has (i) performed a physical examination | ||||||
| 25 | within the last year; (ii) obtained relevant records that are | ||||||
| |||||||
| |||||||
| 1 | appropriate for the type of teledentistry service being | ||||||
| 2 | provided from an in-person examination within the previous 12 | ||||||
| 3 | months, including a review of the patient's most recent | ||||||
| 4 | x-rays; or (iii) established a relationship with the patient | ||||||
| 5 | through an exchange of protected health information for the | ||||||
| 6 | purpose of providing emergency care, treatment, or services in | ||||||
| 7 | accordance with subsection (c). | ||||||
| 8 | (b) A dentist may only practice or utilize teledentistry | ||||||
| 9 | on a patient of record. A dentist practicing dentistry through | ||||||
| 10 | teledentistry is subject to the same standard of care and | ||||||
| 11 | practice standards that are applicable to dental services | ||||||
| 12 | provided in a clinic or office setting. A dentist may provide | ||||||
| 13 | and delegate dental services using teledentistry only under | ||||||
| 14 | the supervision requirements as specified in this Act for | ||||||
| 15 | in-person care. Prior to providing teledentistry services to a | ||||||
| 16 | patient, a dentist must obtain informed consent from the | ||||||
| 17 | patient as to the treatment proposed to be offered through | ||||||
| 18 | teledentistry by the dentist. A dentist providing | ||||||
| 19 | teledentistry under this Section shall provide the patient | ||||||
| 20 | with the his or her name, direct telephone number, and | ||||||
| 21 | physical practice address. It is a violation of this Act for a | ||||||
| 22 | provider of dental services rendering care through | ||||||
| 23 | teledentistry to require a patient to sign an agreement that | ||||||
| 24 | limits in any way the patient's ability to write a review of | ||||||
| 25 | services received or file a complaint with the Department or | ||||||
| 26 | other regulatory agency. The Department shall adopt rules to | ||||||
| |||||||
| |||||||
| 1 | provide for the use of teledentistry in the State of Illinois. | ||||||
| 2 | (c) A dentist may treat a patient of record to provide | ||||||
| 3 | emergent care or conduct an initial consultation using | ||||||
| 4 | teledentistry for the purpose of treating or assessing for | ||||||
| 5 | acute pain, infection, injury, or any intraoral or perioral | ||||||
| 6 | condition that presents immediate harm or discomfort to the | ||||||
| 7 | patient for which treatment cannot be postponed. A provider of | ||||||
| 8 | dental services rendering emergent care or conducting an | ||||||
| 9 | initial consultation through teledentistry must direct the | ||||||
| 10 | patient to receive appropriate in-person care after the | ||||||
| 11 | provision of teledentistry services. | ||||||
| 12 | (Source: P.A. 103-902, eff. 8-9-24; revised 10-21-24.)
| ||||||
| 13 | Section 830. The Dietitian Nutritionist Practice Act is | ||||||
| 14 | amended by changing Section 17 as follows:
| ||||||
| 15 | (225 ILCS 30/17) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 17 | Sec. 17. Other activities subject to licensure under this | ||||||
| 18 | Act. | ||||||
| 19 | (a) A licensed dietitian nutritionist may order patient or | ||||||
| 20 | resident diets, including therapeutic diets, in accordance | ||||||
| 21 | with the following: | ||||||
| 22 | (1) Enteral and parenteral nutrition therapy shall | ||||||
| 23 | consist of enteral feedings or specialized intravenous | ||||||
| 24 | solutions and shall only be performed by an individual | ||||||
| |||||||
| |||||||
| 1 | licensed under this Act who: | ||||||
| 2 | (a) is a registered dietitian or registered | ||||||
| 3 | dietitian nutritionist currently registered with the | ||||||
| 4 | Commission on Dietetic Registration; | ||||||
| 5 | (b) is a certified nutrition support clinician as | ||||||
| 6 | currently credentialed by the National Board of | ||||||
| 7 | Nutrition Support Certification; or | ||||||
| 8 | (c) meets the requirements set forth in rules that | ||||||
| 9 | the Department may establish as necessary to implement | ||||||
| 10 | this Section to be consistent with competencies | ||||||
| 11 | necessary for evaluating, ordering, and administering | ||||||
| 12 | administrating enteral and parenteral nutrition | ||||||
| 13 | therapies. | ||||||
| 14 | (2) Notification to the patient's physician and | ||||||
| 15 | appropriate record retention, or pursuant to the | ||||||
| 16 | protocols, policies, or procedures of a health care | ||||||
| 17 | facility, as defined in the Illinois Health Facilities | ||||||
| 18 | Planning Act, in which the services are provided. | ||||||
| 19 | (b) Developing and managing food service operations whose | ||||||
| 20 | chief function is nutrition care or that are otherwise | ||||||
| 21 | utilized in the management or treatment of diseases or medical | ||||||
| 22 | conditions shall only be performed by an individual licensed | ||||||
| 23 | under this Act with competencies in the management of health | ||||||
| 24 | care food service. | ||||||
| 25 | (c) A licensed dietitian nutritionist may order oral | ||||||
| 26 | therapeutic diets. | ||||||
| |||||||
| |||||||
| 1 | (d) A licensed dietitian nutritionist shall provide | ||||||
| 2 | nutrition care services using systematic, evidence-based | ||||||
| 3 | problem solving methods of the nutrition care process to | ||||||
| 4 | critically think and make decisions to address | ||||||
| 5 | nutrition-related problems and provide safe, effective, and | ||||||
| 6 | quality nutrition services, including medical nutrition | ||||||
| 7 | therapy, for individuals in clinical and community settings. | ||||||
| 8 | (Source: P.A. 102-945, eff. 1-1-23; revised 8-6-24.)
| ||||||
| 9 | Section 835. The Massage Therapy Practice Act is amended | ||||||
| 10 | by changing Section 45 as follows:
| ||||||
| 11 | (225 ILCS 57/45) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 13 | Sec. 45. Grounds for discipline. | ||||||
| 14 | (a) The Department may refuse to issue or renew, or may | ||||||
| 15 | revoke, suspend, place on probation, reprimand, or take other | ||||||
| 16 | disciplinary or non-disciplinary action, as the Department | ||||||
| 17 | considers appropriate, including the imposition of fines not | ||||||
| 18 | to exceed $10,000 for each violation, with regard to any | ||||||
| 19 | license or licensee for any one or more of the following: | ||||||
| 20 | (1) violations of this Act or of the rules adopted | ||||||
| 21 | under this Act; | ||||||
| 22 | (2) conviction by plea of guilty or nolo contendere, | ||||||
| 23 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 24 | sentencing of any crime, including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | convictions, preceding sentences of supervision, | ||||||
| 2 | conditional discharge, or first offender probation, under | ||||||
| 3 | the laws of any jurisdiction of the United States: (i) | ||||||
| 4 | that is a felony; or (ii) that is a misdemeanor, an | ||||||
| 5 | essential element of which is dishonesty, or that is | ||||||
| 6 | directly related to the practice of the profession; | ||||||
| 7 | (3) professional incompetence; | ||||||
| 8 | (4) advertising in a false, deceptive, or misleading | ||||||
| 9 | manner, including failing to use the massage therapist's | ||||||
| 10 | own license number in an advertisement; | ||||||
| 11 | (5) aiding, abetting, assisting, procuring, advising, | ||||||
| 12 | employing, or contracting with any unlicensed person to | ||||||
| 13 | practice massage contrary to any rules or provisions of | ||||||
| 14 | this Act; | ||||||
| 15 | (6) engaging in immoral conduct in the commission of | ||||||
| 16 | any act, such as sexual abuse, sexual misconduct, or | ||||||
| 17 | sexual exploitation, related to the licensee's practice; | ||||||
| 18 | (7) engaging in dishonorable, unethical, or | ||||||
| 19 | unprofessional conduct of a character likely to deceive, | ||||||
| 20 | defraud, or harm the public; | ||||||
| 21 | (8) practicing or offering to practice beyond the | ||||||
| 22 | scope permitted by law or accepting and performing | ||||||
| 23 | professional responsibilities which the licensee knows or | ||||||
| 24 | has reason to know that he or she is not competent to | ||||||
| 25 | perform; | ||||||
| 26 | (9) knowingly delegating professional | ||||||
| |||||||
| |||||||
| 1 | responsibilities to a person unqualified by training, | ||||||
| 2 | experience, or licensure to perform; | ||||||
| 3 | (10) failing to provide information in response to a | ||||||
| 4 | written request made by the Department within 60 days; | ||||||
| 5 | (11) having a habitual or excessive use of or | ||||||
| 6 | addiction to alcohol, narcotics, stimulants, or any other | ||||||
| 7 | chemical agent or drug which results in the inability to | ||||||
| 8 | practice with reasonable judgment, skill, or safety; | ||||||
| 9 | (12) having a pattern of practice or other behavior | ||||||
| 10 | that demonstrates incapacity or incompetence to practice | ||||||
| 11 | under this Act; | ||||||
| 12 | (13) discipline by another state, District of | ||||||
| 13 | Columbia, territory, or foreign nation, if at least one of | ||||||
| 14 | the grounds for the discipline is the same or | ||||||
| 15 | substantially equivalent to those set forth in this | ||||||
| 16 | Section; | ||||||
| 17 | (14) a finding by the Department that the licensee, | ||||||
| 18 | after having his or her license placed on probationary | ||||||
| 19 | status, has violated the terms of probation; | ||||||
| 20 | (15) willfully making or filing false records or | ||||||
| 21 | reports in his or her practice, including, but not limited | ||||||
| 22 | to, false records filed with State agencies or | ||||||
| 23 | departments; | ||||||
| 24 | (16) making a material misstatement in furnishing | ||||||
| 25 | information to the Department or otherwise making | ||||||
| 26 | misleading, deceptive, untrue, or fraudulent | ||||||
| |||||||
| |||||||
| 1 | representations in violation of this Act or otherwise in | ||||||
| 2 | the practice of the profession; | ||||||
| 3 | (17) fraud or misrepresentation in applying for or | ||||||
| 4 | procuring a license under this Act or in connection with | ||||||
| 5 | applying for renewal of a license under this Act; | ||||||
| 6 | (18) inability to practice the profession with | ||||||
| 7 | reasonable judgment, skill, or safety as a result of | ||||||
| 8 | physical illness, including, but not limited to, | ||||||
| 9 | deterioration through the aging process, loss of motor | ||||||
| 10 | skill, or a mental illness or disability; | ||||||
| 11 | (19) charging for professional services not rendered, | ||||||
| 12 | including filing false statements for the collection of | ||||||
| 13 | fees for which services are not rendered; | ||||||
| 14 | (20) practicing under a false or, except as provided | ||||||
| 15 | by law, an assumed name; or | ||||||
| 16 | (21) cheating on or attempting to subvert the | ||||||
| 17 | licensing examination administered under this Act. | ||||||
| 18 | All fines shall be paid within 60 days of the effective | ||||||
| 19 | date of the order imposing the fine. | ||||||
| 20 | (b) A person not licensed under this Act and engaged in the | ||||||
| 21 | business of offering massage therapy services through others, | ||||||
| 22 | shall not aid, abet, assist, procure, advise, employ, or | ||||||
| 23 | contract with any unlicensed person to practice massage | ||||||
| 24 | therapy contrary to any rules or provisions of this Act. A | ||||||
| 25 | person violating this subsection (b) shall be treated as a | ||||||
| 26 | licensee for the purposes of disciplinary action under this | ||||||
| |||||||
| |||||||
| 1 | Section and shall be subject to cease and desist orders as | ||||||
| 2 | provided in Section 90 of this Act. | ||||||
| 3 | (c) The Department shall revoke any license issued under | ||||||
| 4 | this Act of any person who is convicted of prostitution, rape, | ||||||
| 5 | sexual misconduct, or any crime that subjects the licensee to | ||||||
| 6 | compliance with the requirements of the Sex Offender | ||||||
| 7 | Registration Act and any such conviction shall operate as a | ||||||
| 8 | permanent bar in the State of Illinois to practice as a massage | ||||||
| 9 | therapist. | ||||||
| 10 | (c-5) A prosecuting attorney shall provide notice to the | ||||||
| 11 | Department of the licensed massage therapist's name, address, | ||||||
| 12 | practice address, and license number and a copy of the | ||||||
| 13 | criminal charges filed immediately after a licensed massage | ||||||
| 14 | therapist has been charged with any of the following offenses: | ||||||
| 15 | (1) an offense for which the sentence includes | ||||||
| 16 | registration as a sex offender; | ||||||
| 17 | (2) involuntary sexual servitude of a minor; | ||||||
| 18 | (3) the crime of battery against a patient, including | ||||||
| 19 | any offense based on sexual conduct or sexual penetration, | ||||||
| 20 | in the course of patient care or treatment; or | ||||||
| 21 | (4) a forcible felony. | ||||||
| 22 | If the victim of the crime the licensee has been charged | ||||||
| 23 | with is a patient of the licensee, the prosecuting attorney | ||||||
| 24 | shall also provide notice to the Department of the patient's | ||||||
| 25 | name. | ||||||
| 26 | Within 5 business days after receiving notice from the | ||||||
| |||||||
| |||||||
| 1 | prosecuting attorney of the filing of criminal charges against | ||||||
| 2 | the licensed massage therapist, the Secretary shall issue an | ||||||
| 3 | administrative order that the licensed massage therapist shall | ||||||
| 4 | practice only with a chaperone during all patient encounters | ||||||
| 5 | pending the outcome of the criminal proceedings. The chaperone | ||||||
| 6 | shall be a licensed massage therapist or other health care | ||||||
| 7 | worker licensed by the Department. The administrative order | ||||||
| 8 | shall specify any other terms or conditions deemed appropriate | ||||||
| 9 | by the Secretary. The chaperone shall provide written notice | ||||||
| 10 | to all of the licensed massage therapist's patients explaining | ||||||
| 11 | the Department's order to use a chaperone. Each patient shall | ||||||
| 12 | sign an acknowledgment that the patient they received the | ||||||
| 13 | notice. The notice to the patient of criminal charges shall | ||||||
| 14 | include, in 14-point font, the following statement: "The | ||||||
| 15 | massage therapist is presumed innocent until proven guilty of | ||||||
| 16 | the charges.". | ||||||
| 17 | The licensed massage therapist shall provide a written | ||||||
| 18 | plan of compliance with the administrative order that is | ||||||
| 19 | acceptable to the Department within 5 business days after | ||||||
| 20 | receipt of the administrative order. Failure to comply with | ||||||
| 21 | the administrative order, failure to file a compliance plan, | ||||||
| 22 | or failure to follow the compliance plan shall subject the | ||||||
| 23 | licensed massage therapist to temporary suspension of his or | ||||||
| 24 | her license until the completion of the criminal proceedings. | ||||||
| 25 | If the licensee is not convicted of the charge or if any | ||||||
| 26 | conviction is later overturned by a reviewing court, the | ||||||
| |||||||
| |||||||
| 1 | administrative order shall be vacated and removed from the | ||||||
| 2 | licensee's record. | ||||||
| 3 | The Department may adopt rules to implement this | ||||||
| 4 | subsection. | ||||||
| 5 | (d) The Department may refuse to issue or may suspend the | ||||||
| 6 | license of any person who fails to file a tax return, to pay | ||||||
| 7 | the tax, penalty, or interest shown in a filed tax return, or | ||||||
| 8 | to pay any final assessment of tax, penalty, or interest, as | ||||||
| 9 | required by any tax Act administered by the Illinois | ||||||
| 10 | Department of Revenue, until such time as the requirements of | ||||||
| 11 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
| 12 | Section 2105-15 of the Civil Administrative Code of Illinois. | ||||||
| 13 | (e) (Blank). | ||||||
| 14 | (f) In cases where the Department of Healthcare and Family | ||||||
| 15 | Services has previously determined that a licensee or a | ||||||
| 16 | potential licensee is more than 30 days delinquent in the | ||||||
| 17 | payment of child support and has subsequently certified the | ||||||
| 18 | delinquency to the Department, the Department may refuse to | ||||||
| 19 | issue or renew or may revoke or suspend that person's license | ||||||
| 20 | or may take other disciplinary action against that person | ||||||
| 21 | based solely upon the certification of delinquency made by the | ||||||
| 22 | Department of Healthcare and Family Services in accordance | ||||||
| 23 | with item (5) of subsection (a) of Section 2105-15 of the Civil | ||||||
| 24 | Administrative Code of Illinois. | ||||||
| 25 | (g) The determination by a circuit court that a licensee | ||||||
| 26 | is subject to involuntary admission or judicial admission, as | ||||||
| |||||||
| |||||||
| 1 | provided in the Mental Health and Developmental Disabilities | ||||||
| 2 | Code, operates as an automatic suspension. The suspension will | ||||||
| 3 | end only upon a finding by a court that the patient is no | ||||||
| 4 | longer subject to involuntary admission or judicial admission | ||||||
| 5 | and the issuance of a court order so finding and discharging | ||||||
| 6 | the patient. | ||||||
| 7 | (h) In enforcing this Act, the Department or Board, upon a | ||||||
| 8 | showing of a possible violation, may compel an individual | ||||||
| 9 | licensed to practice under this Act, or who has applied for | ||||||
| 10 | licensure under this Act, to submit to a mental or physical | ||||||
| 11 | examination, or both, as required by and at the expense of the | ||||||
| 12 | Department. The Department or Board may order the examining | ||||||
| 13 | physician to present testimony concerning the mental or | ||||||
| 14 | physical examination of the licensee or applicant. No | ||||||
| 15 | information shall be excluded by reason of any common law or | ||||||
| 16 | statutory privilege relating to communications between the | ||||||
| 17 | licensee or applicant and the examining physician. The | ||||||
| 18 | examining physicians shall be specifically designated by the | ||||||
| 19 | Board or Department. The individual to be examined may have, | ||||||
| 20 | at his or her own expense, another physician of his or her | ||||||
| 21 | choice present during all aspects of this examination. The | ||||||
| 22 | examination shall be performed by a physician licensed to | ||||||
| 23 | practice medicine in all its branches. Failure of an | ||||||
| 24 | individual to submit to a mental or physical examination, when | ||||||
| 25 | directed, shall result in an automatic suspension without | ||||||
| 26 | hearing. | ||||||
| |||||||
| |||||||
| 1 | A person holding a license under this Act or who has | ||||||
| 2 | applied for a license under this Act who, because of a physical | ||||||
| 3 | or mental illness or disability, including, but not limited | ||||||
| 4 | to, deterioration through the aging process or loss of motor | ||||||
| 5 | skill, is unable to practice the profession with reasonable | ||||||
| 6 | judgment, skill, or safety, may be required by the Department | ||||||
| 7 | to submit to care, counseling, or treatment by physicians | ||||||
| 8 | approved or designated by the Department as a condition, term, | ||||||
| 9 | or restriction for continued, reinstated, or renewed licensure | ||||||
| 10 | to practice. Submission to care, counseling, or treatment as | ||||||
| 11 | required by the Department shall not be considered discipline | ||||||
| 12 | of a license. If the licensee refuses to enter into a care, | ||||||
| 13 | counseling, or treatment agreement or fails to abide by the | ||||||
| 14 | terms of the agreement, the Department may file a complaint to | ||||||
| 15 | revoke, suspend, or otherwise discipline the license of the | ||||||
| 16 | individual. The Secretary may order the license suspended | ||||||
| 17 | immediately, pending a hearing by the Department. Fines shall | ||||||
| 18 | not be assessed in disciplinary actions involving physical or | ||||||
| 19 | mental illness or impairment. | ||||||
| 20 | In instances in which the Secretary immediately suspends a | ||||||
| 21 | person's license under this Section, a hearing on that | ||||||
| 22 | person's license must be convened by the Department within 15 | ||||||
| 23 | days after the suspension and completed without appreciable | ||||||
| 24 | delay. The Department and Board shall have the authority to | ||||||
| 25 | review the subject individual's record of treatment and | ||||||
| 26 | counseling regarding the impairment to the extent permitted by | ||||||
| |||||||
| |||||||
| 1 | applicable federal statutes and regulations safeguarding the | ||||||
| 2 | confidentiality of medical records. | ||||||
| 3 | An individual licensed under this Act and affected under | ||||||
| 4 | this Section shall be afforded an opportunity to demonstrate | ||||||
| 5 | to the Department or Board that he or she can resume practice | ||||||
| 6 | in compliance with acceptable and prevailing standards under | ||||||
| 7 | the provisions of his or her license. | ||||||
| 8 | (Source: P.A. 102-20, eff. 1-1-22; 103-757, eff. 8-2-24; | ||||||
| 9 | revised 10-21-24.)
| ||||||
| 10 | Section 840. The Medical Practice Act of 1987 is amended | ||||||
| 11 | by changing Sections 18 and 22 as follows:
| ||||||
| 12 | (225 ILCS 60/18) (from Ch. 111, par. 4400-18) | ||||||
| 13 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 14 | Sec. 18. Visiting professor, physician, or resident | ||||||
| 15 | permits. | ||||||
| 16 | (A) Visiting professor permit. | ||||||
| 17 | (1) A visiting professor permit shall entitle a person | ||||||
| 18 | to practice medicine in all of its branches or to practice | ||||||
| 19 | the treatment of human ailments without the use of drugs | ||||||
| 20 | and without operative surgery provided: | ||||||
| 21 | (a) the person maintains an equivalent | ||||||
| 22 | authorization to practice medicine in all of its | ||||||
| 23 | branches or to practice the treatment of human | ||||||
| 24 | ailments without the use of drugs and without | ||||||
| |||||||
| |||||||
| 1 | operative surgery in good standing in his or her | ||||||
| 2 | native licensing jurisdiction during the period of the | ||||||
| 3 | visiting professor permit; | ||||||
| 4 | (b) the person has received a faculty appointment | ||||||
| 5 | to teach in a medical, osteopathic, or chiropractic | ||||||
| 6 | school in Illinois; and | ||||||
| 7 | (c) the Department may prescribe the information | ||||||
| 8 | necessary to establish an applicant's eligibility for | ||||||
| 9 | a permit. This information shall include without | ||||||
| 10 | limitation (i) a statement from the dean of the | ||||||
| 11 | medical school at which the applicant will be employed | ||||||
| 12 | describing the applicant's qualifications and (ii) a | ||||||
| 13 | statement from the dean of the medical school listing | ||||||
| 14 | every affiliated institution in which the applicant | ||||||
| 15 | will be providing instruction as part of the medical | ||||||
| 16 | school's education program and justifying any clinical | ||||||
| 17 | activities at each of the institutions listed by the | ||||||
| 18 | dean. | ||||||
| 19 | (2) Application for visiting professor permits shall | ||||||
| 20 | be made to the Department, in writing, on forms prescribed | ||||||
| 21 | by the Department and shall be accompanied by the required | ||||||
| 22 | fee established by rule, which shall not be refundable. | ||||||
| 23 | Any application shall require the information as, in the | ||||||
| 24 | judgment of the Department, will enable the Department to | ||||||
| 25 | pass on the qualifications of the applicant. | ||||||
| 26 | (3) A visiting professor permit shall be valid for no | ||||||
| |||||||
| |||||||
| 1 | longer than 2 years from the date of issuance or until the | ||||||
| 2 | time the faculty appointment is terminated, whichever | ||||||
| 3 | occurs first, and may be renewed only in accordance with | ||||||
| 4 | subdivision (A)(6) of this Section. | ||||||
| 5 | (4) The applicant may be required to appear before the | ||||||
| 6 | Medical Board for an interview prior to, and as a | ||||||
| 7 | requirement for, the issuance of the original permit and | ||||||
| 8 | the renewal. | ||||||
| 9 | (5) Persons holding a permit under this Section shall | ||||||
| 10 | only practice medicine in all of its branches or practice | ||||||
| 11 | the treatment of human ailments without the use of drugs | ||||||
| 12 | and without operative surgery in the State of Illinois in | ||||||
| 13 | their official capacity under their contract within the | ||||||
| 14 | medical school itself and any affiliated institution in | ||||||
| 15 | which the permit holder is providing instruction as part | ||||||
| 16 | of the medical school's educational program and for which | ||||||
| 17 | the medical school has assumed direct responsibility. | ||||||
| 18 | (6) After the initial renewal of a visiting professor | ||||||
| 19 | permit, a visiting professor permit shall be valid until | ||||||
| 20 | the last day of the next physician license renewal period, | ||||||
| 21 | as set by rule, and may only be renewed for applicants who | ||||||
| 22 | meet the following requirements: | ||||||
| 23 | (i) have obtained the required continuing | ||||||
| 24 | education hours as set by rule; and | ||||||
| 25 | (ii) have paid the fee prescribed for a license | ||||||
| 26 | under Section 21 of this Act. | ||||||
| |||||||
| |||||||
| 1 | For initial renewal, the visiting professor must | ||||||
| 2 | successfully pass a general competency examination authorized | ||||||
| 3 | by the Department by rule, unless he or she was issued an | ||||||
| 4 | initial visiting professor permit on or after January 1, 2007, | ||||||
| 5 | but prior to July 1, 2007.
| ||||||
| 6 | (B) Visiting physician permit. | ||||||
| 7 | (1) The Department may, in its discretion, issue a | ||||||
| 8 | temporary visiting physician permit, without examination, | ||||||
| 9 | provided: | ||||||
| 10 | (a) (blank); | ||||||
| 11 | (b) that the person maintains an equivalent | ||||||
| 12 | authorization to practice medicine in all of its | ||||||
| 13 | branches or to practice the treatment of human | ||||||
| 14 | ailments without the use of drugs and without | ||||||
| 15 | operative surgery in good standing in his or her | ||||||
| 16 | native licensing jurisdiction during the period of the | ||||||
| 17 | temporary visiting physician permit; | ||||||
| 18 | (c) that the person has received an invitation or | ||||||
| 19 | appointment to study, demonstrate, or perform a | ||||||
| 20 | specific medical, osteopathic, chiropractic, or | ||||||
| 21 | clinical subject or technique in a medical, | ||||||
| 22 | osteopathic, or chiropractic school, a state or | ||||||
| 23 | national medical, osteopathic, or chiropractic | ||||||
| 24 | professional association or society conference or | ||||||
| 25 | meeting, a hospital licensed under the Hospital | ||||||
| |||||||
| |||||||
| 1 | Licensing Act, a hospital organized under the | ||||||
| 2 | University of Illinois Hospital Act, or a facility | ||||||
| 3 | operated pursuant to the Ambulatory Surgical Treatment | ||||||
| 4 | Center Act; and | ||||||
| 5 | (d) that the temporary visiting physician permit | ||||||
| 6 | shall only permit the holder to practice medicine in | ||||||
| 7 | all of its branches or practice the treatment of human | ||||||
| 8 | ailments without the use of drugs and without | ||||||
| 9 | operative surgery within the scope of the medical, | ||||||
| 10 | osteopathic, chiropractic, or clinical studies, or in | ||||||
| 11 | conjunction with the state or national medical, | ||||||
| 12 | osteopathic, or chiropractic professional association | ||||||
| 13 | or society conference or meeting, for which the holder | ||||||
| 14 | was invited or appointed. | ||||||
| 15 | (2) The application for the temporary visiting | ||||||
| 16 | physician permit shall be made to the Department, in | ||||||
| 17 | writing, on forms prescribed by the Department, and shall | ||||||
| 18 | be accompanied by the required fee established by rule, | ||||||
| 19 | which shall not be refundable. The application shall | ||||||
| 20 | require information that, in the judgment of the | ||||||
| 21 | Department, will enable the Department to pass on the | ||||||
| 22 | qualification of the applicant, and the necessity for the | ||||||
| 23 | granting of a temporary visiting physician permit. | ||||||
| 24 | (3) A temporary visiting physician permit shall be | ||||||
| 25 | valid for no longer than (i) 180 days from the date of | ||||||
| 26 | issuance or (ii) until the time the medical, osteopathic, | ||||||
| |||||||
| |||||||
| 1 | chiropractic, or clinical studies are completed, or the | ||||||
| 2 | state or national medical, osteopathic, or chiropractic | ||||||
| 3 | professional association or society conference or meeting | ||||||
| 4 | has concluded, whichever occurs first. The temporary | ||||||
| 5 | visiting physician permit may be issued multiple times to | ||||||
| 6 | a visiting physician under this paragraph (3) as long as | ||||||
| 7 | the total number of days it is active does do not exceed | ||||||
| 8 | 180 days within a 365-day period. | ||||||
| 9 | (4) The applicant for a temporary visiting physician | ||||||
| 10 | permit may be required to appear before the Medical Board | ||||||
| 11 | for an interview prior to, and as a requirement for, the | ||||||
| 12 | issuance of a temporary visiting physician permit. | ||||||
| 13 | (5) A limited temporary visiting physician permit | ||||||
| 14 | shall be issued to a physician licensed in another state | ||||||
| 15 | who has been requested to perform emergency procedures in | ||||||
| 16 | Illinois if he or she meets the requirements as | ||||||
| 17 | established by rule.
| ||||||
| 18 | (C) Visiting resident permit. | ||||||
| 19 | (1) The Department may, in its discretion, issue a | ||||||
| 20 | temporary visiting resident permit, without examination, | ||||||
| 21 | provided: | ||||||
| 22 | (a) (blank); | ||||||
| 23 | (b) that the person maintains an equivalent | ||||||
| 24 | authorization to practice medicine in all of its | ||||||
| 25 | branches or to practice the treatment of human | ||||||
| |||||||
| |||||||
| 1 | ailments without the use of drugs and without | ||||||
| 2 | operative surgery in good standing in his or her | ||||||
| 3 | native licensing jurisdiction during the period of the | ||||||
| 4 | temporary visiting resident permit; | ||||||
| 5 | (c) that the applicant is enrolled in a | ||||||
| 6 | postgraduate clinical training program outside the | ||||||
| 7 | State of Illinois that is approved by the Department; | ||||||
| 8 | (d) that the individual has been invited or | ||||||
| 9 | appointed for a specific period of time to perform a | ||||||
| 10 | portion of that post graduate clinical training | ||||||
| 11 | program under the supervision of an Illinois licensed | ||||||
| 12 | physician in an Illinois patient care clinic or | ||||||
| 13 | facility that is affiliated with the out-of-State post | ||||||
| 14 | graduate training program; and | ||||||
| 15 | (e) that the temporary visiting resident permit | ||||||
| 16 | shall only permit the holder to practice medicine in | ||||||
| 17 | all of its branches or practice the treatment of human | ||||||
| 18 | ailments without the use of drugs and without | ||||||
| 19 | operative surgery within the scope of the medical, | ||||||
| 20 | osteopathic, chiropractic, or clinical studies for | ||||||
| 21 | which the holder was invited or appointed. | ||||||
| 22 | (2) The application for the temporary visiting | ||||||
| 23 | resident permit shall be made to the Department, in | ||||||
| 24 | writing, on forms prescribed by the Department, and shall | ||||||
| 25 | be accompanied by the required fee established by rule. | ||||||
| 26 | The application shall require information that, in the | ||||||
| |||||||
| |||||||
| 1 | judgment of the Department, will enable the Department to | ||||||
| 2 | pass on the qualifications of the applicant. | ||||||
| 3 | (3) A temporary visiting resident permit shall be | ||||||
| 4 | valid for 180 days from the date of issuance or until the | ||||||
| 5 | time the medical, osteopathic, chiropractic, or clinical | ||||||
| 6 | studies are completed, whichever occurs first. | ||||||
| 7 | (4) The applicant for a temporary visiting resident | ||||||
| 8 | permit may be required to appear before the Medical Board | ||||||
| 9 | for an interview prior to, and as a requirement for, the | ||||||
| 10 | issuance of a temporary visiting resident permit.
| ||||||
| 11 | (D) Postgraduate training exemption period; visiting | ||||||
| 12 | rotations. A person may participate in visiting rotations in | ||||||
| 13 | an approved postgraduate training program, not to exceed a | ||||||
| 14 | total of 90 days for all rotations, if the following | ||||||
| 15 | information is submitted in writing or electronically to the | ||||||
| 16 | Department by the patient care clinics or facilities where the | ||||||
| 17 | person will be performing the training or by an affiliated | ||||||
| 18 | program: | ||||||
| 19 | (1) The person who has been invited or appointed to | ||||||
| 20 | perform a portion of their postgraduate clinical training | ||||||
| 21 | program in Illinois. | ||||||
| 22 | (2) The name and address of the primary patient care | ||||||
| 23 | clinic or facility, the date the training is to begin, and | ||||||
| 24 | the length of time of the invitation or appointment. | ||||||
| 25 | (3) The name and license number of the Illinois | ||||||
| |||||||
| |||||||
| 1 | physician who will be responsible for supervising the | ||||||
| 2 | trainee and the medical director or division director of | ||||||
| 3 | the department or facility. | ||||||
| 4 | (4) Certification from the postgraduate training | ||||||
| 5 | program that the person is approved and enrolled in a an | ||||||
| 6 | graduate training program approved by the Department in | ||||||
| 7 | their home state. | ||||||
| 8 | (Source: P.A. 102-20, eff. 1-1-22; 103-551, eff. 8-11-23; | ||||||
| 9 | revised 8-6-24.)
| ||||||
| 10 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 12 | Sec. 22. Disciplinary action. | ||||||
| 13 | (A) The Department may revoke, suspend, place on | ||||||
| 14 | probation, reprimand, refuse to issue or renew, or take any | ||||||
| 15 | other disciplinary or non-disciplinary action as the | ||||||
| 16 | Department may deem proper with regard to the license or | ||||||
| 17 | permit of any person issued under this Act, including imposing | ||||||
| 18 | fines not to exceed $10,000 for each violation, upon any of the | ||||||
| 19 | following grounds: | ||||||
| 20 | (1) (Blank). | ||||||
| 21 | (2) (Blank). | ||||||
| 22 | (3) A plea of guilty or nolo contendere, finding of | ||||||
| 23 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
| 24 | including, but not limited to, convictions, preceding | ||||||
| 25 | sentences of supervision, conditional discharge, or first | ||||||
| |||||||
| |||||||
| 1 | offender probation, under the laws of any jurisdiction of | ||||||
| 2 | the United States of any crime that is a felony. | ||||||
| 3 | (4) Gross negligence in practice under this Act. | ||||||
| 4 | (5) Engaging in dishonorable, unethical, or | ||||||
| 5 | unprofessional conduct of a character likely to deceive, | ||||||
| 6 | defraud, or harm the public. | ||||||
| 7 | (6) Obtaining any fee by fraud, deceit, or | ||||||
| 8 | misrepresentation. | ||||||
| 9 | (7) Habitual or excessive use or abuse of drugs | ||||||
| 10 | defined in law as controlled substances, of alcohol, or of | ||||||
| 11 | any other substances which results in the inability to | ||||||
| 12 | practice with reasonable judgment, skill, or safety. | ||||||
| 13 | (8) Practicing under a false or, except as provided by | ||||||
| 14 | law, an assumed name. | ||||||
| 15 | (9) Fraud or misrepresentation in applying for, or | ||||||
| 16 | procuring, a license under this Act or in connection with | ||||||
| 17 | applying for renewal of a license under this Act. | ||||||
| 18 | (10) Making a false or misleading statement regarding | ||||||
| 19 | their skill or the efficacy or value of the medicine, | ||||||
| 20 | treatment, or remedy prescribed by them at their direction | ||||||
| 21 | in the treatment of any disease or other condition of the | ||||||
| 22 | body or mind. | ||||||
| 23 | (11) Allowing another person or organization to use | ||||||
| 24 | their license, procured under this Act, to practice. | ||||||
| 25 | (12) Adverse action taken by another state or | ||||||
| 26 | jurisdiction against a license or other authorization to | ||||||
| |||||||
| |||||||
| 1 | practice as a medical doctor, doctor of osteopathy, doctor | ||||||
| 2 | of osteopathic medicine, or doctor of chiropractic, a | ||||||
| 3 | certified copy of the record of the action taken by the | ||||||
| 4 | other state or jurisdiction being prima facie evidence | ||||||
| 5 | thereof. This includes any adverse action taken by a State | ||||||
| 6 | or federal agency that prohibits a medical doctor, doctor | ||||||
| 7 | of osteopathy, doctor of osteopathic medicine, or doctor | ||||||
| 8 | of chiropractic from providing services to the agency's | ||||||
| 9 | participants. | ||||||
| 10 | (13) Violation of any provision of this Act or of the | ||||||
| 11 | Medical Practice Act prior to the repeal of that Act, or | ||||||
| 12 | violation of the rules, or a final administrative action | ||||||
| 13 | of the Secretary, after consideration of the | ||||||
| 14 | recommendation of the Medical Board. | ||||||
| 15 | (14) Violation of the prohibition against fee | ||||||
| 16 | splitting in Section 22.2 of this Act. | ||||||
| 17 | (15) A finding by the Medical Board that the | ||||||
| 18 | registrant after having his or her license placed on | ||||||
| 19 | probationary status or subjected to conditions or | ||||||
| 20 | restrictions violated the terms of the probation or failed | ||||||
| 21 | to comply with such terms or conditions. | ||||||
| 22 | (16) Abandonment of a patient. | ||||||
| 23 | (17) Prescribing, selling, administering, | ||||||
| 24 | distributing, giving, or self-administering any drug | ||||||
| 25 | classified as a controlled substance (designated product) | ||||||
| 26 | or narcotic for other than medically accepted therapeutic | ||||||
| |||||||
| |||||||
| 1 | purposes. | ||||||
| 2 | (18) Promotion of the sale of drugs, devices, | ||||||
| 3 | appliances, or goods provided for a patient in such manner | ||||||
| 4 | as to exploit the patient for financial gain of the | ||||||
| 5 | physician. | ||||||
| 6 | (19) Offering, undertaking, or agreeing to cure or | ||||||
| 7 | treat disease by a secret method, procedure, treatment, or | ||||||
| 8 | medicine, or the treating, operating, or prescribing for | ||||||
| 9 | any human condition by a method, means, or procedure which | ||||||
| 10 | the licensee refuses to divulge upon demand of the | ||||||
| 11 | Department. | ||||||
| 12 | (20) Immoral conduct in the commission of any act, | ||||||
| 13 | including, but not limited to, commission of an act of | ||||||
| 14 | sexual misconduct related to the licensee's practice. | ||||||
| 15 | (21) Willfully making or filing false records or | ||||||
| 16 | reports in his or her practice as a physician, including, | ||||||
| 17 | but not limited to, false records to support claims | ||||||
| 18 | against the medical assistance program of the Department | ||||||
| 19 | of Healthcare and Family Services (formerly Department of | ||||||
| 20 | Public Aid) under the Illinois Public Aid Code. | ||||||
| 21 | (22) Willful omission to file or record, or willfully | ||||||
| 22 | impeding the filing or recording, or inducing another | ||||||
| 23 | person to omit to file or record, medical reports as | ||||||
| 24 | required by law, or willfully failing to report an | ||||||
| 25 | instance of suspected abuse or neglect as required by law. | ||||||
| 26 | (23) Being named as a perpetrator in an indicated | ||||||
| |||||||
| |||||||
| 1 | report by the Department of Children and Family Services | ||||||
| 2 | under the Abused and Neglected Child Reporting Act, and | ||||||
| 3 | upon proof by clear and convincing evidence that the | ||||||
| 4 | licensee has caused a child to be an abused child or | ||||||
| 5 | neglected child as defined in the Abused and Neglected | ||||||
| 6 | Child Reporting Act. | ||||||
| 7 | (24) Solicitation of professional patronage by any | ||||||
| 8 | corporation, agents, or persons, or profiting from those | ||||||
| 9 | representing themselves to be agents of the licensee. | ||||||
| 10 | (25) Gross and willful and continued overcharging for | ||||||
| 11 | professional services, including filing false statements | ||||||
| 12 | for collection of fees for which services are not | ||||||
| 13 | rendered, including, but not limited to, filing such false | ||||||
| 14 | statements for collection of monies for services not | ||||||
| 15 | rendered from the medical assistance program of the | ||||||
| 16 | Department of Healthcare and Family Services (formerly | ||||||
| 17 | Department of Public Aid) under the Illinois Public Aid | ||||||
| 18 | Code. | ||||||
| 19 | (26) A pattern of practice or other behavior which | ||||||
| 20 | demonstrates incapacity or incompetence to practice under | ||||||
| 21 | this Act. | ||||||
| 22 | (27) Mental illness or disability which results in the | ||||||
| 23 | inability to practice under this Act with reasonable | ||||||
| 24 | judgment, skill, or safety. | ||||||
| 25 | (28) Physical illness, including, but not limited to, | ||||||
| 26 | deterioration through the aging process, or loss of motor | ||||||
| |||||||
| |||||||
| 1 | skill which results in a physician's inability to practice | ||||||
| 2 | under this Act with reasonable judgment, skill, or safety. | ||||||
| 3 | (29) Cheating on or attempting to subvert the | ||||||
| 4 | licensing examinations administered under this Act. | ||||||
| 5 | (30) Willfully or negligently violating the | ||||||
| 6 | confidentiality between physician and patient except as | ||||||
| 7 | required by law. | ||||||
| 8 | (31) The use of any false, fraudulent, or deceptive | ||||||
| 9 | statement in any document connected with practice under | ||||||
| 10 | this Act. | ||||||
| 11 | (32) Aiding and abetting an individual not licensed | ||||||
| 12 | under this Act in the practice of a profession licensed | ||||||
| 13 | under this Act. | ||||||
| 14 | (33) Violating State or federal laws or regulations | ||||||
| 15 | relating to controlled substances, legend drugs, or | ||||||
| 16 | ephedra as defined in the Ephedra Prohibition Act. | ||||||
| 17 | (34) Failure to report to the Department any adverse | ||||||
| 18 | final action taken against them by another licensing | ||||||
| 19 | jurisdiction (any other state or any territory of the | ||||||
| 20 | United States or any foreign state or country), by any | ||||||
| 21 | peer review body, by any health care institution, by any | ||||||
| 22 | professional society or association related to practice | ||||||
| 23 | under this Act, by any governmental agency, by any law | ||||||
| 24 | enforcement agency, or by any court for acts or conduct | ||||||
| 25 | similar to acts or conduct which would constitute grounds | ||||||
| 26 | for action as defined in this Section. | ||||||
| |||||||
| |||||||
| 1 | (35) Failure to report to the Department surrender of | ||||||
| 2 | a license or authorization to practice as a medical | ||||||
| 3 | doctor, a doctor of osteopathy, a doctor of osteopathic | ||||||
| 4 | medicine, or doctor of chiropractic in another state or | ||||||
| 5 | jurisdiction, or surrender of membership on any medical | ||||||
| 6 | staff or in any medical or professional association or | ||||||
| 7 | society, while under disciplinary investigation by any of | ||||||
| 8 | those authorities or bodies, for acts or conduct similar | ||||||
| 9 | to acts or conduct which would constitute grounds for | ||||||
| 10 | action as defined in this Section. | ||||||
| 11 | (36) Failure to report to the Department any adverse | ||||||
| 12 | judgment, settlement, or award arising from a liability | ||||||
| 13 | claim related to acts or conduct similar to acts or | ||||||
| 14 | conduct which would constitute grounds for action as | ||||||
| 15 | defined in this Section. | ||||||
| 16 | (37) Failure to provide copies of medical records as | ||||||
| 17 | required by law. | ||||||
| 18 | (38) Failure to furnish the Department, its | ||||||
| 19 | investigators or representatives, relevant information, | ||||||
| 20 | legally requested by the Department after consultation | ||||||
| 21 | with the Chief Medical Coordinator or the Deputy Medical | ||||||
| 22 | Coordinator. | ||||||
| 23 | (39) Violating the Health Care Worker Self-Referral | ||||||
| 24 | Act. | ||||||
| 25 | (40) (Blank). | ||||||
| 26 | (41) Failure to establish and maintain records of | ||||||
| |||||||
| |||||||
| 1 | patient care and treatment as required by this law. | ||||||
| 2 | (42) Entering into an excessive number of written | ||||||
| 3 | collaborative agreements with licensed advanced practice | ||||||
| 4 | registered nurses resulting in an inability to adequately | ||||||
| 5 | collaborate. | ||||||
| 6 | (43) Repeated failure to adequately collaborate with a | ||||||
| 7 | licensed advanced practice registered nurse. | ||||||
| 8 | (44) Violating the Compassionate Use of Medical | ||||||
| 9 | Cannabis Program Act. | ||||||
| 10 | (45) Entering into an excessive number of written | ||||||
| 11 | collaborative agreements with licensed prescribing | ||||||
| 12 | psychologists resulting in an inability to adequately | ||||||
| 13 | collaborate. | ||||||
| 14 | (46) Repeated failure to adequately collaborate with a | ||||||
| 15 | licensed prescribing psychologist. | ||||||
| 16 | (47) Willfully failing to report an instance of | ||||||
| 17 | suspected abuse, neglect, financial exploitation, or | ||||||
| 18 | self-neglect of an eligible adult as defined in and | ||||||
| 19 | required by the Adult Protective Services Act. | ||||||
| 20 | (48) Being named as an abuser in a verified report by | ||||||
| 21 | the Department on Aging under the Adult Protective | ||||||
| 22 | Services Act, and upon proof by clear and convincing | ||||||
| 23 | evidence that the licensee abused, neglected, or | ||||||
| 24 | financially exploited an eligible adult as defined in the | ||||||
| 25 | Adult Protective Services Act. | ||||||
| 26 | (49) Entering into an excessive number of written | ||||||
| |||||||
| |||||||
| 1 | collaborative agreements with licensed physician | ||||||
| 2 | assistants resulting in an inability to adequately | ||||||
| 3 | collaborate. | ||||||
| 4 | (50) Repeated failure to adequately collaborate with a | ||||||
| 5 | physician assistant. | ||||||
| 6 | Except for actions involving the ground numbered (26), all | ||||||
| 7 | proceedings to suspend, revoke, place on probationary status, | ||||||
| 8 | or take any other disciplinary action as the Department may | ||||||
| 9 | deem proper, with regard to a license on any of the foregoing | ||||||
| 10 | grounds, must be commenced within 5 years next after receipt | ||||||
| 11 | by the Department of a complaint alleging the commission of or | ||||||
| 12 | notice of the conviction order for any of the acts described | ||||||
| 13 | herein. Except for the grounds numbered (8), (9), (26), and | ||||||
| 14 | (29), no action shall be commenced more than 10 years after the | ||||||
| 15 | date of the incident or act alleged to have violated this | ||||||
| 16 | Section. For actions involving the ground numbered (26), a | ||||||
| 17 | pattern of practice or other behavior includes all incidents | ||||||
| 18 | alleged to be part of the pattern of practice or other behavior | ||||||
| 19 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
| 20 | received, within the 10-year period preceding the filing of | ||||||
| 21 | the complaint. In the event of the settlement of any claim or | ||||||
| 22 | cause of action in favor of the claimant or the reduction to | ||||||
| 23 | final judgment of any civil action in favor of the plaintiff, | ||||||
| 24 | such claim, cause of action, or civil action being grounded on | ||||||
| 25 | the allegation that a person licensed under this Act was | ||||||
| 26 | negligent in providing care, the Department shall have an | ||||||
| |||||||
| |||||||
| 1 | additional period of 2 years from the date of notification to | ||||||
| 2 | the Department under Section 23 of this Act of such settlement | ||||||
| 3 | or final judgment in which to investigate and commence formal | ||||||
| 4 | disciplinary proceedings under Section 36 of this Act, except | ||||||
| 5 | as otherwise provided by law. The time during which the holder | ||||||
| 6 | of the license was outside the State of Illinois shall not be | ||||||
| 7 | included within any period of time limiting the commencement | ||||||
| 8 | of disciplinary action by the Department. | ||||||
| 9 | The entry of an order or judgment by any circuit court | ||||||
| 10 | establishing that any person holding a license under this Act | ||||||
| 11 | is a person in need of mental treatment operates as a | ||||||
| 12 | suspension of that license. That person may resume his or her | ||||||
| 13 | practice only upon the entry of a Departmental order based | ||||||
| 14 | upon a finding by the Medical Board that the person has been | ||||||
| 15 | determined to be recovered from mental illness by the court | ||||||
| 16 | and upon the Medical Board's recommendation that the person be | ||||||
| 17 | permitted to resume his or her practice. | ||||||
| 18 | The Department may refuse to issue or take disciplinary | ||||||
| 19 | action concerning the license of any person who fails to file a | ||||||
| 20 | return, or to pay the tax, penalty, or interest shown in a | ||||||
| 21 | filed return, or to pay any final assessment of tax, penalty, | ||||||
| 22 | or interest, as required by any tax Act administered by the | ||||||
| 23 | Illinois Department of Revenue, until such time as the | ||||||
| 24 | requirements of any such tax Act are satisfied as determined | ||||||
| 25 | by the Illinois Department of Revenue. | ||||||
| 26 | The Department, upon the recommendation of the Medical | ||||||
| |||||||
| |||||||
| 1 | Board, shall adopt rules which set forth standards to be used | ||||||
| 2 | in determining: | ||||||
| 3 | (a) when a person will be deemed sufficiently | ||||||
| 4 | rehabilitated to warrant the public trust; | ||||||
| 5 | (b) what constitutes dishonorable, unethical, or | ||||||
| 6 | unprofessional conduct of a character likely to deceive, | ||||||
| 7 | defraud, or harm the public; | ||||||
| 8 | (c) what constitutes immoral conduct in the commission | ||||||
| 9 | of any act, including, but not limited to, commission of | ||||||
| 10 | an act of sexual misconduct related to the licensee's | ||||||
| 11 | practice; and | ||||||
| 12 | (d) what constitutes gross negligence in the practice | ||||||
| 13 | of medicine. | ||||||
| 14 | However, no such rule shall be admissible into evidence in | ||||||
| 15 | any civil action except for review of a licensing or other | ||||||
| 16 | disciplinary action under this Act. | ||||||
| 17 | In enforcing this Section, the Medical Board, upon a | ||||||
| 18 | showing of a possible violation, may compel any individual who | ||||||
| 19 | is licensed to practice under this Act or holds a permit to | ||||||
| 20 | practice under this Act, or any individual who has applied for | ||||||
| 21 | licensure or a permit pursuant to this Act, to submit to a | ||||||
| 22 | mental or physical examination and evaluation, or both, which | ||||||
| 23 | may include a substance abuse or sexual offender evaluation, | ||||||
| 24 | as required by the Medical Board and at the expense of the | ||||||
| 25 | Department. The Medical Board shall specifically designate the | ||||||
| 26 | examining physician licensed to practice medicine in all of | ||||||
| |||||||
| |||||||
| 1 | its branches or, if applicable, the multidisciplinary team | ||||||
| 2 | involved in providing the mental or physical examination and | ||||||
| 3 | evaluation, or both. The multidisciplinary team shall be led | ||||||
| 4 | by a physician licensed to practice medicine in all of its | ||||||
| 5 | branches and may consist of one or more or a combination of | ||||||
| 6 | physicians licensed to practice medicine in all of its | ||||||
| 7 | branches, licensed chiropractic physicians, licensed clinical | ||||||
| 8 | psychologists, licensed clinical social workers, licensed | ||||||
| 9 | clinical professional counselors, and other professional and | ||||||
| 10 | administrative staff. Any examining physician or member of the | ||||||
| 11 | multidisciplinary team may require any person ordered to | ||||||
| 12 | submit to an examination and evaluation pursuant to this | ||||||
| 13 | Section to submit to any additional supplemental testing | ||||||
| 14 | deemed necessary to complete any examination or evaluation | ||||||
| 15 | process, including, but not limited to, blood testing, | ||||||
| 16 | urinalysis, psychological testing, or neuropsychological | ||||||
| 17 | testing. The Medical Board or the Department may order the | ||||||
| 18 | examining physician or any member of the multidisciplinary | ||||||
| 19 | team to provide to the Department or the Medical Board any and | ||||||
| 20 | all records, including business records, that relate to the | ||||||
| 21 | examination and evaluation, including any supplemental testing | ||||||
| 22 | performed. The Medical Board or the Department may order the | ||||||
| 23 | examining physician or any member of the multidisciplinary | ||||||
| 24 | team to present testimony concerning this examination and | ||||||
| 25 | evaluation of the licensee, permit holder, or applicant, | ||||||
| 26 | including testimony concerning any supplemental testing or | ||||||
| |||||||
| |||||||
| 1 | documents relating to the examination and evaluation. No | ||||||
| 2 | information, report, record, or other documents in any way | ||||||
| 3 | related to the examination and evaluation shall be excluded by | ||||||
| 4 | reason of any common law or statutory privilege relating to | ||||||
| 5 | communication between the licensee, permit holder, or | ||||||
| 6 | applicant and the examining physician or any member of the | ||||||
| 7 | multidisciplinary team. No authorization is necessary from the | ||||||
| 8 | licensee, permit holder, or applicant ordered to undergo an | ||||||
| 9 | evaluation and examination for the examining physician or any | ||||||
| 10 | member of the multidisciplinary team to provide information, | ||||||
| 11 | reports, records, or other documents or to provide any | ||||||
| 12 | testimony regarding the examination and evaluation. The | ||||||
| 13 | individual to be examined may have, at his or her own expense, | ||||||
| 14 | another physician of his or her choice present during all | ||||||
| 15 | aspects of the examination. Failure of any individual to | ||||||
| 16 | submit to mental or physical examination and evaluation, or | ||||||
| 17 | both, when directed, shall result in an automatic suspension, | ||||||
| 18 | without hearing, until such time as the individual submits to | ||||||
| 19 | the examination. If the Medical Board finds a physician unable | ||||||
| 20 | to practice following an examination and evaluation because of | ||||||
| 21 | the reasons set forth in this Section, the Medical Board shall | ||||||
| 22 | require such physician to submit to care, counseling, or | ||||||
| 23 | treatment by physicians, or other health care professionals, | ||||||
| 24 | approved or designated by the Medical Board, as a condition | ||||||
| 25 | for issued, continued, reinstated, or renewed licensure to | ||||||
| 26 | practice. Any physician, whose license was granted pursuant to | ||||||
| |||||||
| |||||||
| 1 | Section 9, 17, or 19 of this Act, or, continued, reinstated, | ||||||
| 2 | renewed, disciplined, or supervised, subject to such terms, | ||||||
| 3 | conditions, or restrictions who shall fail to comply with such | ||||||
| 4 | terms, conditions, or restrictions, or to complete a required | ||||||
| 5 | program of care, counseling, or treatment, as determined by | ||||||
| 6 | the Chief Medical Coordinator or Deputy Medical Coordinators, | ||||||
| 7 | shall be referred to the Secretary for a determination as to | ||||||
| 8 | whether the licensee shall have his or her license suspended | ||||||
| 9 | immediately, pending a hearing by the Medical Board. In | ||||||
| 10 | instances in which the Secretary immediately suspends a | ||||||
| 11 | license under this Section, a hearing upon such person's | ||||||
| 12 | license must be convened by the Medical Board within 15 days | ||||||
| 13 | after such suspension and completed without appreciable delay. | ||||||
| 14 | The Medical Board shall have the authority to review the | ||||||
| 15 | subject physician's record of treatment and counseling | ||||||
| 16 | regarding the impairment, to the extent permitted by | ||||||
| 17 | applicable federal statutes and regulations safeguarding the | ||||||
| 18 | confidentiality of medical records. | ||||||
| 19 | An individual licensed under this Act, affected under this | ||||||
| 20 | Section, shall be afforded an opportunity to demonstrate to | ||||||
| 21 | the Medical Board that he or she can resume practice in | ||||||
| 22 | compliance with acceptable and prevailing standards under the | ||||||
| 23 | provisions of his or her license. | ||||||
| 24 | The Medical Board, in determining mental capacity of an | ||||||
| 25 | individual licensed under this Act, shall consider the latest | ||||||
| 26 | recommendations of the Federation of State Medical Boards. | ||||||
| |||||||
| |||||||
| 1 | The Department may promulgate rules for the imposition of | ||||||
| 2 | fines in disciplinary cases, not to exceed $10,000 for each | ||||||
| 3 | violation of this Act. Fines may be imposed in conjunction | ||||||
| 4 | with other forms of disciplinary action, but shall not be the | ||||||
| 5 | exclusive disposition of any disciplinary action arising out | ||||||
| 6 | of conduct resulting in death or injury to a patient. Any funds | ||||||
| 7 | collected from such fines shall be deposited in the Illinois | ||||||
| 8 | State Medical Disciplinary Fund. | ||||||
| 9 | All fines imposed under this Section shall be paid within | ||||||
| 10 | 60 days after the effective date of the order imposing the fine | ||||||
| 11 | or in accordance with the terms set forth in the order imposing | ||||||
| 12 | the fine. | ||||||
| 13 | (B) The Department shall revoke the license or permit | ||||||
| 14 | issued under this Act to practice medicine of or a | ||||||
| 15 | chiropractic physician who has been convicted a second time of | ||||||
| 16 | committing any felony under the Illinois Controlled Substances | ||||||
| 17 | Act or the Methamphetamine Control and Community Protection | ||||||
| 18 | Act, or who has been convicted a second time of committing a | ||||||
| 19 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
| 20 | Public Aid Code. A person whose license or permit is revoked | ||||||
| 21 | under this subsection (B) B shall be prohibited from | ||||||
| 22 | practicing medicine or treating human ailments without the use | ||||||
| 23 | of drugs and without operative surgery. | ||||||
| 24 | (C) The Department shall not revoke, suspend, place on | ||||||
| 25 | probation, reprimand, refuse to issue or renew, or take any | ||||||
| 26 | other disciplinary or non-disciplinary action against the | ||||||
| |||||||
| |||||||
| 1 | license or permit issued under this Act to practice medicine | ||||||
| 2 | to a physician: | ||||||
| 3 | (1) based solely upon the recommendation of the | ||||||
| 4 | physician to an eligible patient regarding, or | ||||||
| 5 | prescription for, or treatment with, an investigational | ||||||
| 6 | drug, biological product, or device; | ||||||
| 7 | (2) for experimental treatment for Lyme disease or | ||||||
| 8 | other tick-borne diseases, including, but not limited to, | ||||||
| 9 | the prescription of or treatment with long-term | ||||||
| 10 | antibiotics; | ||||||
| 11 | (3) based solely upon the physician providing, | ||||||
| 12 | authorizing, recommending, aiding, assisting, referring | ||||||
| 13 | for, or otherwise participating in any health care | ||||||
| 14 | service, so long as the care was not unlawful under the | ||||||
| 15 | laws of this State, regardless of whether the patient was | ||||||
| 16 | a resident of this State or another state; or | ||||||
| 17 | (4) based upon the physician's license being revoked | ||||||
| 18 | or suspended, or the physician being otherwise disciplined | ||||||
| 19 | by any other state, if that revocation, suspension, or | ||||||
| 20 | other form of discipline was based solely on the physician | ||||||
| 21 | violating another state's laws prohibiting the provision | ||||||
| 22 | of, authorization of, recommendation of, aiding or | ||||||
| 23 | assisting in, referring for, or participation in any | ||||||
| 24 | health care service if that health care service as | ||||||
| 25 | provided would not have been unlawful under the laws of | ||||||
| 26 | this State and is consistent with the standards of conduct | ||||||
| |||||||
| |||||||
| 1 | for the physician if it occurred in Illinois. | ||||||
| 2 | (D) (Blank). | ||||||
| 3 | (E) The conduct specified in subsection (C) shall not | ||||||
| 4 | trigger reporting requirements under Section 23, constitute | ||||||
| 5 | grounds for suspension under Section 25, or be included on the | ||||||
| 6 | physician's profile required under Section 10 of the Patients' | ||||||
| 7 | Right to Know Act. | ||||||
| 8 | (F) An applicant seeking licensure, certification, or | ||||||
| 9 | authorization pursuant to this Act and who has been subject to | ||||||
| 10 | disciplinary action by a duly authorized professional | ||||||
| 11 | disciplinary agency of another jurisdiction solely on the | ||||||
| 12 | basis of having provided, authorized, recommended, aided, | ||||||
| 13 | assisted, referred for, or otherwise participated in health | ||||||
| 14 | care shall not be denied such licensure, certification, or | ||||||
| 15 | authorization, unless the Department determines that the | ||||||
| 16 | action would have constituted professional misconduct in this | ||||||
| 17 | State; however, nothing in this Section shall be construed as | ||||||
| 18 | prohibiting the Department from evaluating the conduct of the | ||||||
| 19 | applicant and making a determination regarding the licensure, | ||||||
| 20 | certification, or authorization to practice a profession under | ||||||
| 21 | this Act. | ||||||
| 22 | (G) The Department may adopt rules to implement the | ||||||
| 23 | changes made by Public Act 102-1117 this amendatory Act of the | ||||||
| 24 | 102nd General Assembly. | ||||||
| 25 | (Source: P.A. 102-20, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
| 26 | 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23; 103-442, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-1-24; revised 10-22-24.)
| ||||||
| 2 | Section 845. The Pharmacy Practice Act is amended by | ||||||
| 3 | changing Section 3 as follows:
| ||||||
| 4 | (225 ILCS 85/3) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 6 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
| 7 | where otherwise limited therein: | ||||||
| 8 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
| 9 | store, shop, pharmacy department, or other place where | ||||||
| 10 | pharmacist care is provided by a pharmacist (1) where drugs, | ||||||
| 11 | medicines, or poisons are dispensed, sold or offered for sale | ||||||
| 12 | at retail, or displayed for sale at retail; or (2) where | ||||||
| 13 | prescriptions of physicians, dentists, advanced practice | ||||||
| 14 | registered nurses, physician assistants, veterinarians, | ||||||
| 15 | podiatric physicians, or optometrists, within the limits of | ||||||
| 16 | their licenses, are compounded, filled, or dispensed; or (3) | ||||||
| 17 | which has upon it or displayed within it, or affixed to or used | ||||||
| 18 | in connection with it, a sign bearing the word or words | ||||||
| 19 | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care", | ||||||
| 20 | "Apothecary", "Drugstore", "Medicine Store", "Prescriptions", | ||||||
| 21 | "Drugs", "Dispensary", "Medicines", or any word or words of | ||||||
| 22 | similar or like import, either in the English language or any | ||||||
| 23 | other language; or (4) where the characteristic prescription | ||||||
| 24 | sign (Rx) or similar design is exhibited; or (5) any store, or | ||||||
| |||||||
| |||||||
| 1 | shop, or other place with respect to which any of the above | ||||||
| 2 | words, objects, signs or designs are used in any | ||||||
| 3 | advertisement. | ||||||
| 4 | (b) "Drugs" means and includes (1) articles recognized in | ||||||
| 5 | the official United States Pharmacopoeia/National Formulary | ||||||
| 6 | (USP/NF), or any supplement thereto and being intended for and | ||||||
| 7 | having for their main use the diagnosis, cure, mitigation, | ||||||
| 8 | treatment or prevention of disease in man or other animals, as | ||||||
| 9 | approved by the United States Food and Drug Administration, | ||||||
| 10 | but does not include devices or their components, parts, or | ||||||
| 11 | accessories; and (2) all other articles intended for and | ||||||
| 12 | having for their main use the diagnosis, cure, mitigation, | ||||||
| 13 | treatment or prevention of disease in man or other animals, as | ||||||
| 14 | approved by the United States Food and Drug Administration, | ||||||
| 15 | but does not include devices or their components, parts, or | ||||||
| 16 | accessories; and (3) articles (other than food) having for | ||||||
| 17 | their main use and intended to affect the structure or any | ||||||
| 18 | function of the body of man or other animals; and (4) articles | ||||||
| 19 | having for their main use and intended for use as a component | ||||||
| 20 | or any articles specified in clause (1), (2) or (3); but does | ||||||
| 21 | not include devices or their components, parts or accessories. | ||||||
| 22 | (c) "Medicines" means and includes all drugs intended for | ||||||
| 23 | human or veterinary use approved by the United States Food and | ||||||
| 24 | Drug Administration. | ||||||
| 25 | (d) "Practice of pharmacy" means: | ||||||
| 26 | (1) the interpretation and the provision of assistance | ||||||
| |||||||
| |||||||
| 1 | in the monitoring, evaluation, and implementation of | ||||||
| 2 | prescription drug orders; | ||||||
| 3 | (2) the dispensing of prescription drug orders; | ||||||
| 4 | (3) participation in drug and device selection; | ||||||
| 5 | (4) drug administration limited to the administration | ||||||
| 6 | of oral, topical, injectable, and inhalation as follows: | ||||||
| 7 | (A) in the context of patient education on the | ||||||
| 8 | proper use or delivery of medications; | ||||||
| 9 | (B) vaccination of patients 7 years of age and | ||||||
| 10 | older pursuant to a valid prescription or standing | ||||||
| 11 | order, by a physician licensed to practice medicine in | ||||||
| 12 | all its branches, except for vaccinations covered by | ||||||
| 13 | paragraph (15), upon completion of appropriate | ||||||
| 14 | training, including how to address contraindications | ||||||
| 15 | and adverse reactions set forth by rule, with | ||||||
| 16 | notification to the patient's physician and | ||||||
| 17 | appropriate record retention, or pursuant to hospital | ||||||
| 18 | pharmacy and therapeutics committee policies and | ||||||
| 19 | procedures. Eligible vaccines are those listed on the | ||||||
| 20 | U.S. Centers for Disease Control and Prevention (CDC) | ||||||
| 21 | Recommended Immunization Schedule, the CDC's Health | ||||||
| 22 | Information for International Travel, or the U.S. Food | ||||||
| 23 | and Drug Administration's Vaccines Licensed and | ||||||
| 24 | Authorized for Use in the United States. As applicable | ||||||
| 25 | to the State's Medicaid program and other payers, | ||||||
| 26 | vaccines ordered and administered in accordance with | ||||||
| |||||||
| |||||||
| 1 | this subsection shall be covered and reimbursed at no | ||||||
| 2 | less than the rate that the vaccine is reimbursed when | ||||||
| 3 | ordered and administered by a physician; | ||||||
| 4 | (B-5) (blank); | ||||||
| 5 | (C) administration of injections of | ||||||
| 6 | alpha-hydroxyprogesterone caproate, pursuant to a | ||||||
| 7 | valid prescription, by a physician licensed to | ||||||
| 8 | practice medicine in all its branches, upon completion | ||||||
| 9 | of appropriate training, including how to address | ||||||
| 10 | contraindications and adverse reactions set forth by | ||||||
| 11 | rule, with notification to the patient's physician and | ||||||
| 12 | appropriate record retention, or pursuant to hospital | ||||||
| 13 | pharmacy and therapeutics committee policies and | ||||||
| 14 | procedures; and | ||||||
| 15 | (D) administration of long-acting injectables for | ||||||
| 16 | mental health or substance use disorders pursuant to a | ||||||
| 17 | valid prescription by the patient's physician licensed | ||||||
| 18 | to practice medicine in all its branches, advanced | ||||||
| 19 | practice registered nurse, or physician assistant upon | ||||||
| 20 | completion of appropriate training conducted by an | ||||||
| 21 | Accreditation Council of Pharmaceutical Education | ||||||
| 22 | accredited provider, including how to address | ||||||
| 23 | contraindications and adverse reactions set forth by | ||||||
| 24 | rule, with notification to the patient's physician and | ||||||
| 25 | appropriate record retention, or pursuant to hospital | ||||||
| 26 | pharmacy and therapeutics committee policies and | ||||||
| |||||||
| |||||||
| 1 | procedures; | ||||||
| 2 | (5) (blank); | ||||||
| 3 | (6) drug regimen review; | ||||||
| 4 | (7) drug or drug-related research; | ||||||
| 5 | (8) the provision of patient counseling; | ||||||
| 6 | (9) the practice of telepharmacy; | ||||||
| 7 | (10) the provision of those acts or services necessary | ||||||
| 8 | to provide pharmacist care; | ||||||
| 9 | (11) medication therapy management; | ||||||
| 10 | (12) the responsibility for compounding and labeling | ||||||
| 11 | of drugs and devices (except labeling by a manufacturer, | ||||||
| 12 | repackager, or distributor of non-prescription drugs and | ||||||
| 13 | commercially packaged legend drugs and devices), proper | ||||||
| 14 | and safe storage of drugs and devices, and maintenance of | ||||||
| 15 | required records; | ||||||
| 16 | (13) the assessment and consultation of patients and | ||||||
| 17 | dispensing of hormonal contraceptives; | ||||||
| 18 | (14) the initiation, dispensing, or administration of | ||||||
| 19 | drugs, laboratory tests, assessments, referrals, and | ||||||
| 20 | consultations for human immunodeficiency virus | ||||||
| 21 | pre-exposure prophylaxis and human immunodeficiency virus | ||||||
| 22 | post-exposure prophylaxis under Section 43.5; | ||||||
| 23 | (15) vaccination of patients 7 years of age and older | ||||||
| 24 | for COVID-19 or influenza subcutaneously, intramuscularly, | ||||||
| 25 | or orally as authorized, approved, or licensed by the | ||||||
| 26 | United States Food and Drug Administration, pursuant to | ||||||
| |||||||
| |||||||
| 1 | the following conditions: | ||||||
| 2 | (A) the vaccine must be authorized or licensed by | ||||||
| 3 | the United States Food and Drug Administration; | ||||||
| 4 | (B) the vaccine must be ordered and administered | ||||||
| 5 | according to the Advisory Committee on Immunization | ||||||
| 6 | Practices standard immunization schedule; | ||||||
| 7 | (C) the pharmacist must complete a course of | ||||||
| 8 | training accredited by the Accreditation Council on | ||||||
| 9 | Pharmacy Education or a similar health authority or | ||||||
| 10 | professional body approved by the Division of | ||||||
| 11 | Professional Regulation; | ||||||
| 12 | (D) the pharmacist must have a current certificate | ||||||
| 13 | in basic cardiopulmonary resuscitation; | ||||||
| 14 | (E) the pharmacist must complete, during each | ||||||
| 15 | State licensing period, a minimum of 2 hours of | ||||||
| 16 | immunization-related continuing pharmacy education | ||||||
| 17 | approved by the Accreditation Council on Pharmacy | ||||||
| 18 | Education; | ||||||
| 19 | (F) the pharmacist must comply with recordkeeping | ||||||
| 20 | and reporting requirements of the jurisdiction in | ||||||
| 21 | which the pharmacist administers vaccines, including | ||||||
| 22 | informing the patient's primary-care provider, when | ||||||
| 23 | available, and complying with requirements whereby the | ||||||
| 24 | person administering a vaccine must review the vaccine | ||||||
| 25 | registry or other vaccination records prior to | ||||||
| 26 | administering the vaccine; and | ||||||
| |||||||
| |||||||
| 1 | (G) the pharmacist must inform the pharmacist's | ||||||
| 2 | patients who are less than 18 years old, as well as the | ||||||
| 3 | adult caregiver accompanying the child, of the | ||||||
| 4 | importance of a well-child visit with a pediatrician | ||||||
| 5 | or other licensed primary-care provider and must refer | ||||||
| 6 | patients as appropriate; | ||||||
| 7 | (16) the ordering and administration of COVID-19 | ||||||
| 8 | therapeutics subcutaneously, intramuscularly, or orally | ||||||
| 9 | with notification to the patient's physician and | ||||||
| 10 | appropriate record retention or pursuant to hospital | ||||||
| 11 | pharmacy and therapeutics committee policies and | ||||||
| 12 | procedures. Eligible therapeutics are those approved, | ||||||
| 13 | authorized, or licensed by the United States Food and Drug | ||||||
| 14 | Administration and must be administered subcutaneously, | ||||||
| 15 | intramuscularly, or orally in accordance with that | ||||||
| 16 | approval, authorization, or licensing; and | ||||||
| 17 | (17) the ordering and administration of point of care | ||||||
| 18 | tests, screenings, and treatments for (i) influenza, (ii) | ||||||
| 19 | SARS-CoV-2, (iii) Group A Streptococcus, (iv) respiratory | ||||||
| 20 | syncytial virus, (v) adult-stage head louse, and (vi) | ||||||
| 21 | health conditions identified by a statewide public health | ||||||
| 22 | emergency, as defined in the Illinois Emergency Management | ||||||
| 23 | Agency Act, with notification to the patient's physician, | ||||||
| 24 | if any, and appropriate record retention or pursuant to | ||||||
| 25 | hospital pharmacy and therapeutics committee policies and | ||||||
| 26 | procedures. Eligible tests and screenings are those | ||||||
| |||||||
| |||||||
| 1 | approved, authorized, or licensed by the United States | ||||||
| 2 | Food and Drug Administration and must be administered in | ||||||
| 3 | accordance with that approval, authorization, or | ||||||
| 4 | licensing. | ||||||
| 5 | A pharmacist who orders or administers tests or | ||||||
| 6 | screenings for health conditions described in this | ||||||
| 7 | paragraph may use a test that may guide clinical | ||||||
| 8 | decision-making for the health condition that is waived | ||||||
| 9 | under the federal Clinical Laboratory Improvement | ||||||
| 10 | Amendments of 1988 and regulations promulgated thereunder | ||||||
| 11 | or any established screening procedure that is established | ||||||
| 12 | under a statewide protocol. | ||||||
| 13 | A pharmacist may delegate the administrative and | ||||||
| 14 | technical tasks of performing a test for the health | ||||||
| 15 | conditions described in this paragraph to a registered | ||||||
| 16 | pharmacy technician or student pharmacist acting under the | ||||||
| 17 | supervision of the pharmacist. | ||||||
| 18 | The testing, screening, and treatment ordered under | ||||||
| 19 | this paragraph by a pharmacist shall not be denied | ||||||
| 20 | reimbursement under health benefit plans that are within | ||||||
| 21 | the scope of the pharmacist's license and shall be covered | ||||||
| 22 | as if the services or procedures were performed by a | ||||||
| 23 | physician, an advanced practice registered nurse, or a | ||||||
| 24 | physician assistant. | ||||||
| 25 | A pharmacy benefit manager, health carrier, health | ||||||
| 26 | benefit plan, or third-party payor shall not discriminate | ||||||
| |||||||
| |||||||
| 1 | against a pharmacy or a pharmacist with respect to | ||||||
| 2 | participation referral, reimbursement of a covered | ||||||
| 3 | service, or indemnification if a pharmacist is acting | ||||||
| 4 | within the scope of the pharmacist's license and the | ||||||
| 5 | pharmacy is operating in compliance with all applicable | ||||||
| 6 | laws and rules. | ||||||
| 7 | A pharmacist who performs any of the acts defined as the | ||||||
| 8 | practice of pharmacy in this State must be actively licensed | ||||||
| 9 | as a pharmacist under this Act. | ||||||
| 10 | (e) "Prescription" means and includes any written, oral, | ||||||
| 11 | facsimile, or electronically transmitted order for drugs or | ||||||
| 12 | medical devices, issued by a physician licensed to practice | ||||||
| 13 | medicine in all its branches, dentist, veterinarian, podiatric | ||||||
| 14 | physician, or optometrist, within the limits of his or her | ||||||
| 15 | license, by a physician assistant in accordance with | ||||||
| 16 | subsection (f) of Section 4, or by an advanced practice | ||||||
| 17 | registered nurse in accordance with subsection (g) of Section | ||||||
| 18 | 4, containing the following: (1) name of the patient; (2) date | ||||||
| 19 | when prescription was issued; (3) name and strength of drug or | ||||||
| 20 | description of the medical device prescribed; and (4) | ||||||
| 21 | quantity; (5) directions for use; (6) prescriber's name, | ||||||
| 22 | address, and signature; and (7) DEA registration number where | ||||||
| 23 | required, for controlled substances. The prescription may, but | ||||||
| 24 | is not required to, list the illness, disease, or condition | ||||||
| 25 | for which the drug or device is being prescribed. DEA | ||||||
| 26 | registration numbers shall not be required on inpatient drug | ||||||
| |||||||
| |||||||
| 1 | orders. A prescription for medication other than controlled | ||||||
| 2 | substances shall be valid for up to 15 months from the date | ||||||
| 3 | issued for the purpose of refills, unless the prescription | ||||||
| 4 | states otherwise. | ||||||
| 5 | (f) "Person" means and includes a natural person, | ||||||
| 6 | partnership, association, corporation, government entity, or | ||||||
| 7 | any other legal entity. | ||||||
| 8 | (g) "Department" means the Department of Financial and | ||||||
| 9 | Professional Regulation. | ||||||
| 10 | (h) "Board of Pharmacy" or "Board" means the State Board | ||||||
| 11 | of Pharmacy of the Department of Financial and Professional | ||||||
| 12 | Regulation. | ||||||
| 13 | (i) "Secretary" means the Secretary of Financial and | ||||||
| 14 | Professional Regulation. | ||||||
| 15 | (j) "Drug product selection" means the interchange for a | ||||||
| 16 | prescribed pharmaceutical product in accordance with Section | ||||||
| 17 | 25 of this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
| 18 | Cosmetic Act. | ||||||
| 19 | (k) "Inpatient drug order" means an order issued by an | ||||||
| 20 | authorized prescriber for a resident or patient of a facility | ||||||
| 21 | licensed under the Nursing Home Care Act, the ID/DD Community | ||||||
| 22 | Care Act, the MC/DD Act, the Specialized Mental Health | ||||||
| 23 | Rehabilitation Act of 2013, the Hospital Licensing Act, or the | ||||||
| 24 | University of Illinois Hospital Act, or a facility which is | ||||||
| 25 | operated by the Department of Human Services (as successor to | ||||||
| 26 | the Department of Mental Health and Developmental | ||||||
| |||||||
| |||||||
| 1 | Disabilities) or the Department of Corrections. | ||||||
| 2 | (k-5) "Pharmacist" means an individual health care | ||||||
| 3 | professional and provider currently licensed by this State to | ||||||
| 4 | engage in the practice of pharmacy. | ||||||
| 5 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
| 6 | whose name appears on a pharmacy license and who is | ||||||
| 7 | responsible for all aspects of the operation related to the | ||||||
| 8 | practice of pharmacy. | ||||||
| 9 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
| 10 | evaluation, and implementation of a prescription drug order, | ||||||
| 11 | including the preparation and delivery of a drug or device to a | ||||||
| 12 | patient or patient's agent in a suitable container | ||||||
| 13 | appropriately labeled for subsequent administration to or use | ||||||
| 14 | by a patient in accordance with applicable State and federal | ||||||
| 15 | laws and regulations. "Dispense" or "dispensing" does not mean | ||||||
| 16 | the physical delivery to a patient or a patient's | ||||||
| 17 | representative in a home or institution by a designee of a | ||||||
| 18 | pharmacist or by common carrier. "Dispense" or "dispensing" | ||||||
| 19 | also does not mean the physical delivery of a drug or medical | ||||||
| 20 | device to a patient or patient's representative by a | ||||||
| 21 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
| 22 | pharmacist is on duty and the pharmacy is open. | ||||||
| 23 | (n) "Nonresident pharmacy" means a pharmacy that is | ||||||
| 24 | located in a state, commonwealth, or territory of the United | ||||||
| 25 | States, other than Illinois, that delivers, dispenses, or | ||||||
| 26 | distributes, through the United States Postal Service, | ||||||
| |||||||
| |||||||
| 1 | commercially acceptable parcel delivery service, or other | ||||||
| 2 | common carrier, to Illinois residents, any substance which | ||||||
| 3 | requires a prescription. | ||||||
| 4 | (o) "Compounding" means the preparation and mixing of | ||||||
| 5 | components, excluding flavorings, (1) as the result of a | ||||||
| 6 | prescriber's prescription drug order or initiative based on | ||||||
| 7 | the prescriber-patient-pharmacist relationship in the course | ||||||
| 8 | of professional practice or (2) for the purpose of, or | ||||||
| 9 | incident to, research, teaching, or chemical analysis and not | ||||||
| 10 | for sale or dispensing. "Compounding" includes the preparation | ||||||
| 11 | of drugs or devices in anticipation of receiving prescription | ||||||
| 12 | drug orders based on routine, regularly observed dispensing | ||||||
| 13 | patterns. Commercially available products may be compounded | ||||||
| 14 | for dispensing to individual patients only if all of the | ||||||
| 15 | following conditions are met: (i) the commercial product is | ||||||
| 16 | not reasonably available from normal distribution channels in | ||||||
| 17 | a timely manner to meet the patient's needs and (ii) the | ||||||
| 18 | prescribing practitioner has requested that the drug be | ||||||
| 19 | compounded. | ||||||
| 20 | (p) (Blank). | ||||||
| 21 | (q) (Blank). | ||||||
| 22 | (r) "Patient counseling" means the communication between a | ||||||
| 23 | pharmacist or a student pharmacist under the supervision of a | ||||||
| 24 | pharmacist and a patient or the patient's representative about | ||||||
| 25 | the patient's medication or device for the purpose of | ||||||
| 26 | optimizing proper use of prescription medications or devices. | ||||||
| |||||||
| |||||||
| 1 | "Patient counseling" may include without limitation (1) | ||||||
| 2 | obtaining a medication history; (2) acquiring a patient's | ||||||
| 3 | allergies and health conditions; (3) facilitation of the | ||||||
| 4 | patient's understanding of the intended use of the medication; | ||||||
| 5 | (4) proper directions for use; (5) significant potential | ||||||
| 6 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
| 7 | the need to be compliant with the medication therapy. A | ||||||
| 8 | pharmacy technician may only participate in the following | ||||||
| 9 | aspects of patient counseling under the supervision of a | ||||||
| 10 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
| 11 | the offer for counseling by a pharmacist or student | ||||||
| 12 | pharmacist; and (3) acquiring a patient's allergies and health | ||||||
| 13 | conditions. | ||||||
| 14 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
| 15 | means the obtaining, recording, and maintenance of patient | ||||||
| 16 | prescription information, including prescriptions for | ||||||
| 17 | controlled substances, and personal information. | ||||||
| 18 | (t) (Blank). | ||||||
| 19 | (u) "Medical device" or "device" means an instrument, | ||||||
| 20 | apparatus, implement, machine, contrivance, implant, in vitro | ||||||
| 21 | reagent, or other similar or related article, including any | ||||||
| 22 | component part or accessory, required under federal law to | ||||||
| 23 | bear the label "Caution: Federal law requires dispensing by or | ||||||
| 24 | on the order of a physician". A seller of goods and services | ||||||
| 25 | who, only for the purpose of retail sales, compounds, sells, | ||||||
| 26 | rents, or leases medical devices shall not, by reasons | ||||||
| |||||||
| |||||||
| 1 | thereof, be required to be a licensed pharmacy. | ||||||
| 2 | (v) "Unique identifier" means an electronic signature, | ||||||
| 3 | handwritten signature or initials, thumbprint thumb print, or | ||||||
| 4 | other acceptable biometric or electronic identification | ||||||
| 5 | process as approved by the Department. | ||||||
| 6 | (w) "Current usual and customary retail price" means the | ||||||
| 7 | price that a pharmacy charges to a non-third-party payor. | ||||||
| 8 | (x) "Automated pharmacy system" means a mechanical system | ||||||
| 9 | located within the confines of the pharmacy or remote location | ||||||
| 10 | that performs operations or activities, other than compounding | ||||||
| 11 | or administration, relative to storage, packaging, dispensing, | ||||||
| 12 | or distribution of medication, and which collects, controls, | ||||||
| 13 | and maintains all transaction information. | ||||||
| 14 | (y) "Drug regimen review" means and includes the | ||||||
| 15 | evaluation of prescription drug orders and patient records for | ||||||
| 16 | (1) known allergies; (2) drug or potential therapy | ||||||
| 17 | contraindications; (3) reasonable dose, duration of use, and | ||||||
| 18 | route of administration, taking into consideration factors | ||||||
| 19 | such as age, gender, and contraindications; (4) reasonable | ||||||
| 20 | directions for use; (5) potential or actual adverse drug | ||||||
| 21 | reactions; (6) drug-drug interactions; (7) drug-food | ||||||
| 22 | interactions; (8) drug-disease contraindications; (9) | ||||||
| 23 | therapeutic duplication; (10) patient laboratory values when | ||||||
| 24 | authorized and available; (11) proper utilization (including | ||||||
| 25 | over or under utilization) and optimum therapeutic outcomes; | ||||||
| 26 | and (12) abuse and misuse. | ||||||
| |||||||
| |||||||
| 1 | (z) "Electronically transmitted prescription" means a | ||||||
| 2 | prescription that is created, recorded, or stored by | ||||||
| 3 | electronic means; issued and validated with an electronic | ||||||
| 4 | signature; and transmitted by electronic means directly from | ||||||
| 5 | the prescriber to a pharmacy. An electronic prescription is | ||||||
| 6 | not an image of a physical prescription that is transferred by | ||||||
| 7 | electronic means from computer to computer, facsimile to | ||||||
| 8 | facsimile, or facsimile to computer. | ||||||
| 9 | (aa) "Medication therapy management services" means a | ||||||
| 10 | distinct service or group of services offered by licensed | ||||||
| 11 | pharmacists, physicians licensed to practice medicine in all | ||||||
| 12 | its branches, advanced practice registered nurses authorized | ||||||
| 13 | in a written agreement with a physician licensed to practice | ||||||
| 14 | medicine in all its branches, or physician assistants | ||||||
| 15 | authorized in guidelines by a supervising physician that | ||||||
| 16 | optimize therapeutic outcomes for individual patients through | ||||||
| 17 | improved medication use. In a retail or other non-hospital | ||||||
| 18 | pharmacy, medication therapy management services shall consist | ||||||
| 19 | of the evaluation of prescription drug orders and patient | ||||||
| 20 | medication records to resolve conflicts with the following: | ||||||
| 21 | (1) known allergies; | ||||||
| 22 | (2) drug or potential therapy contraindications; | ||||||
| 23 | (3) reasonable dose, duration of use, and route of | ||||||
| 24 | administration, taking into consideration factors such as | ||||||
| 25 | age, gender, and contraindications; | ||||||
| 26 | (4) reasonable directions for use; | ||||||
| |||||||
| |||||||
| 1 | (5) potential or actual adverse drug reactions; | ||||||
| 2 | (6) drug-drug interactions; | ||||||
| 3 | (7) drug-food interactions; | ||||||
| 4 | (8) drug-disease contraindications; | ||||||
| 5 | (9) identification of therapeutic duplication; | ||||||
| 6 | (10) patient laboratory values when authorized and | ||||||
| 7 | available; | ||||||
| 8 | (11) proper utilization (including over or under | ||||||
| 9 | utilization) and optimum therapeutic outcomes; and | ||||||
| 10 | (12) drug abuse and misuse. | ||||||
| 11 | "Medication therapy management services" includes the | ||||||
| 12 | following: | ||||||
| 13 | (1) documenting the services delivered and | ||||||
| 14 | communicating the information provided to patients' | ||||||
| 15 | prescribers within an appropriate time frame, not to | ||||||
| 16 | exceed 48 hours; | ||||||
| 17 | (2) providing patient counseling designed to enhance a | ||||||
| 18 | patient's understanding and the appropriate use of his or | ||||||
| 19 | her medications; and | ||||||
| 20 | (3) providing information, support services, and | ||||||
| 21 | resources designed to enhance a patient's adherence with | ||||||
| 22 | his or her prescribed therapeutic regimens. | ||||||
| 23 | "Medication therapy management services" may also include | ||||||
| 24 | patient care functions authorized by a physician licensed to | ||||||
| 25 | practice medicine in all its branches for his or her | ||||||
| 26 | identified patient or groups of patients under specified | ||||||
| |||||||
| |||||||
| 1 | conditions or limitations in a standing order from the | ||||||
| 2 | physician. | ||||||
| 3 | "Medication therapy management services" in a licensed | ||||||
| 4 | hospital may also include the following: | ||||||
| 5 | (1) reviewing assessments of the patient's health | ||||||
| 6 | status; and | ||||||
| 7 | (2) following protocols of a hospital pharmacy and | ||||||
| 8 | therapeutics committee with respect to the fulfillment of | ||||||
| 9 | medication orders. | ||||||
| 10 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
| 11 | of medication therapy management services, with or without the | ||||||
| 12 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
| 13 | that improve patient health, quality of life, and comfort and | ||||||
| 14 | enhance patient safety. | ||||||
| 15 | (cc) "Protected health information" means individually | ||||||
| 16 | identifiable health information that, except as otherwise | ||||||
| 17 | provided, is: | ||||||
| 18 | (1) transmitted by electronic media; | ||||||
| 19 | (2) maintained in any medium set forth in the | ||||||
| 20 | definition of "electronic media" in the federal Health | ||||||
| 21 | Insurance Portability and Accountability Act; or | ||||||
| 22 | (3) transmitted or maintained in any other form or | ||||||
| 23 | medium. | ||||||
| 24 | "Protected health information" does not include | ||||||
| 25 | individually identifiable health information found in: | ||||||
| 26 | (1) education records covered by the federal Family | ||||||
| |||||||
| |||||||
| 1 | Educational Right and Privacy Act; or | ||||||
| 2 | (2) employment records held by a licensee in its role | ||||||
| 3 | as an employer. | ||||||
| 4 | (dd) "Standing order" means a specific order for a patient | ||||||
| 5 | or group of patients issued by a physician licensed to | ||||||
| 6 | practice medicine in all its branches in Illinois. | ||||||
| 7 | (ee) "Address of record" means the designated address | ||||||
| 8 | recorded by the Department in the applicant's application file | ||||||
| 9 | or licensee's license file maintained by the Department's | ||||||
| 10 | licensure maintenance unit. | ||||||
| 11 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
| 12 | primary operations. | ||||||
| 13 | (gg) "Email address of record" means the designated email | ||||||
| 14 | address recorded by the Department in the applicant's | ||||||
| 15 | application file or the licensee's license file, as maintained | ||||||
| 16 | by the Department's licensure maintenance unit. | ||||||
| 17 | (Source: P.A. 102-16, eff. 6-17-21; 102-103, eff. 1-1-22; | ||||||
| 18 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1051, eff. | ||||||
| 19 | 1-1-23; 103-1, eff. 4-27-23; 103-593, eff. 6-7-24; 103-612, | ||||||
| 20 | eff. 1-1-25; revised 11-26-24.)
| ||||||
| 21 | Section 850. The Illinois Physical Therapy Act is amended | ||||||
| 22 | by changing Section 2 as follows:
| ||||||
| 23 | (225 ILCS 90/2) (from Ch. 111, par. 4252) | ||||||
| 24 | (Section scheduled to be repealed on January 1, 2026) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2. Licensure requirement; exempt activities. Practice | ||||||
| 2 | without a license forbidden - exception. No person shall after | ||||||
| 3 | the date of August 31, 1965 begin to practice physical therapy | ||||||
| 4 | in this State or hold himself out as being able to practice | ||||||
| 5 | this profession, unless he is licensed as such in accordance | ||||||
| 6 | with the provisions of this Act. After July 1, 1991 (the | ||||||
| 7 | effective date of Public Act 86-1396) this amendatory Act of | ||||||
| 8 | 1990, no person shall practice or hold himself out as a | ||||||
| 9 | physical therapist assistant unless he is licensed as such | ||||||
| 10 | under this Act. A physical therapist shall use the initials | ||||||
| 11 | "PT" in connection with his or her name to denote licensure | ||||||
| 12 | under this Act, and a physical therapist assistant shall use | ||||||
| 13 | the initials "PTA" in connection with his or her name to denote | ||||||
| 14 | licensure under this Act. | ||||||
| 15 | This Act does not prohibit: | ||||||
| 16 | (1) Any person licensed in this State under any other | ||||||
| 17 | Act from engaging in the practice for which he is | ||||||
| 18 | licensed. | ||||||
| 19 | (2) The practice of physical therapy by those persons, | ||||||
| 20 | practicing under the supervision of a licensed physical | ||||||
| 21 | therapist and who have met all of the qualifications as | ||||||
| 22 | provided in Sections 7, 8.1, and 9 of this Act, until the | ||||||
| 23 | next examination is given for physical therapists or | ||||||
| 24 | physical therapist assistants and the results have been | ||||||
| 25 | received by the Department and the Department has | ||||||
| 26 | determined the applicant's eligibility for a license. | ||||||
| |||||||
| |||||||
| 1 | Anyone failing to pass said examination shall not again | ||||||
| 2 | practice physical therapy until such time as an | ||||||
| 3 | examination has been successfully passed by such person. | ||||||
| 4 | (3) The practice of physical therapy for a period not | ||||||
| 5 | exceeding 6 months by a person who is in this State on a | ||||||
| 6 | temporary basis to assist in a case of medical emergency | ||||||
| 7 | or to engage in a special physical therapy project, and | ||||||
| 8 | who meets the qualifications for a physical therapist as | ||||||
| 9 | set forth in Sections 7 and 8 of this Act and is licensed | ||||||
| 10 | in another state as a physical therapist. | ||||||
| 11 | (4) Practice of physical therapy by qualified persons | ||||||
| 12 | who have filed for endorsement for no longer than one year | ||||||
| 13 | or until such time that notification of licensure has been | ||||||
| 14 | granted or denied, whichever period of time is lesser. | ||||||
| 15 | (5) One or more licensed physical therapists from | ||||||
| 16 | forming a professional service corporation under the | ||||||
| 17 | provisions of the "Professional Service Corporation Act", | ||||||
| 18 | approved September 15, 1969, as now or hereafter amended, | ||||||
| 19 | and licensing such corporation for the practice of | ||||||
| 20 | physical therapy. | ||||||
| 21 | (6) Physical therapy aides from performing patient | ||||||
| 22 | care activities under the on-site supervision of a | ||||||
| 23 | licensed physical therapist or licensed physical therapist | ||||||
| 24 | assistant. These patient care activities shall not include | ||||||
| 25 | interpretation of referrals, evaluation procedures, the | ||||||
| 26 | planning of or major modifications of, patient programs. | ||||||
| |||||||
| |||||||
| 1 | (7) Physical therapist assistants Therapist Assistants | ||||||
| 2 | from performing patient care activities under the general | ||||||
| 3 | supervision of a licensed physical therapist. The physical | ||||||
| 4 | therapist must maintain continual contact with the | ||||||
| 5 | physical therapist assistant including periodic personal | ||||||
| 6 | supervision and instruction to insure the safety and | ||||||
| 7 | welfare of the patient. | ||||||
| 8 | (8) The practice of physical therapy by a physical | ||||||
| 9 | therapy student or a physical therapist assistant student | ||||||
| 10 | under the on-site supervision of a licensed physical | ||||||
| 11 | therapist. The physical therapist shall be readily | ||||||
| 12 | available for direct supervision and instruction to insure | ||||||
| 13 | the safety and welfare of the patient. | ||||||
| 14 | (9) The practice of physical therapy as part of an | ||||||
| 15 | educational program by a physical therapist licensed in | ||||||
| 16 | another state or country for a period not to exceed 6 | ||||||
| 17 | months. | ||||||
| 18 | (10) (Blank). The practice, services, or activities of | ||||||
| 19 | persons practicing the specified occupations set forth in | ||||||
| 20 | subsection (a) of, and pursuant to a licensing exemption | ||||||
| 21 | granted in subsection (b) or (d) of, Section 2105-350 of | ||||||
| 22 | the Department of Professional Regulation Law of the Civil | ||||||
| 23 | Administrative Code of Illinois, but only for so long as | ||||||
| 24 | the 2016 Olympic and Paralympic Games Professional | ||||||
| 25 | Licensure Exemption Law is operable. | ||||||
| 26 | (Source: P.A. 96-7, eff. 4-3-09; revised 8-6-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 855. The Podiatric Medical Practice Act of 1987 is | ||||||
| 2 | amended by changing Section 24 as follows:
| ||||||
| 3 | (225 ILCS 100/24) (from Ch. 111, par. 4824) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 5 | Sec. 24. Grounds for disciplinary action. The Department | ||||||
| 6 | may refuse to issue, may refuse to renew, may refuse to | ||||||
| 7 | restore, may suspend, or may revoke any license, or may place | ||||||
| 8 | on probation, reprimand or take other disciplinary or | ||||||
| 9 | non-disciplinary action as the Department may deem proper, | ||||||
| 10 | including fines not to exceed $10,000 for each violation upon | ||||||
| 11 | anyone licensed under this Act for any of the following | ||||||
| 12 | reasons: | ||||||
| 13 | (1) Making a material misstatement in furnishing | ||||||
| 14 | information to the Department. | ||||||
| 15 | (2) Violations of this Act, or of the rules adopted | ||||||
| 16 | under this Act. | ||||||
| 17 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 18 | finding of guilt, jury verdict, or entry of judgment or | ||||||
| 19 | sentencing, including, but not limited to, convictions, | ||||||
| 20 | preceding sentences of supervision, conditional discharge, | ||||||
| 21 | or first offender probation, under the laws of any | ||||||
| 22 | jurisdiction of the United States that is (i) a felony or | ||||||
| 23 | (ii) a misdemeanor, an essential element of which is | ||||||
| 24 | dishonesty, or that is directly related to the practice of | ||||||
| |||||||
| |||||||
| 1 | the profession. | ||||||
| 2 | (4) Making any misrepresentation for the purpose of | ||||||
| 3 | obtaining licenses, or violating any provision of this Act | ||||||
| 4 | or the rules promulgated thereunder pertaining to | ||||||
| 5 | advertising. | ||||||
| 6 | (5) Professional incompetence. | ||||||
| 7 | (6) Gross or repeated malpractice or negligence. | ||||||
| 8 | (7) Aiding or assisting another person in violating | ||||||
| 9 | any provision of this Act or rules. | ||||||
| 10 | (8) Failing, within 30 days, to provide information in | ||||||
| 11 | response to a written request made by the Department. | ||||||
| 12 | (9) Engaging in dishonorable, unethical or | ||||||
| 13 | unprofessional conduct of a character likely to deceive, | ||||||
| 14 | defraud or harm the public. | ||||||
| 15 | (10) Habitual or excessive use of alcohol, narcotics, | ||||||
| 16 | stimulants, or other chemical agent or drug that results | ||||||
| 17 | in the inability to practice podiatric medicine with | ||||||
| 18 | reasonable judgment, skill or safety. | ||||||
| 19 | (11) Discipline by another United States jurisdiction | ||||||
| 20 | if at least one of the grounds for the discipline is the | ||||||
| 21 | same or substantially equivalent to those set forth in | ||||||
| 22 | this Section. | ||||||
| 23 | (12) Violation of the prohibition against fee | ||||||
| 24 | splitting in Section 24.2 of this Act. | ||||||
| 25 | (13) A finding by the Board that the licensee, after | ||||||
| 26 | having his or her license placed on probationary status, | ||||||
| |||||||
| |||||||
| 1 | has violated the terms of probation. | ||||||
| 2 | (14) Abandonment of a patient. | ||||||
| 3 | (15) Willfully making or filing false records or | ||||||
| 4 | reports in his or her practice, including, but not limited | ||||||
| 5 | to, false records filed with state agencies or | ||||||
| 6 | departments. | ||||||
| 7 | (16) Willfully failing to report an instance of | ||||||
| 8 | suspected child abuse or neglect as required by the Abused | ||||||
| 9 | and Neglected Child Reporting Report Act. | ||||||
| 10 | (17) Physical illness, mental illness, or other | ||||||
| 11 | impairment, including, but not limited to, deterioration | ||||||
| 12 | through the aging process, or loss of motor skill that | ||||||
| 13 | results in the inability to practice the profession with | ||||||
| 14 | reasonable judgment, skill or safety. | ||||||
| 15 | (18) Solicitation of professional services other than | ||||||
| 16 | permitted advertising. | ||||||
| 17 | (19) The determination by a circuit court that a | ||||||
| 18 | licensed podiatric physician is subject to involuntary | ||||||
| 19 | admission or judicial admission as provided in the Mental | ||||||
| 20 | Health and Developmental Disabilities Code operates as an | ||||||
| 21 | automatic suspension. Such suspension will end only upon a | ||||||
| 22 | finding by a court that the patient is no longer subject to | ||||||
| 23 | involuntary admission or judicial admission and issues an | ||||||
| 24 | order so finding and discharging the patient; and upon the | ||||||
| 25 | recommendation of the Board to the Secretary that the | ||||||
| 26 | licensee be allowed to resume his or her practice. | ||||||
| |||||||
| |||||||
| 1 | (20) Holding oneself out to treat human ailments under | ||||||
| 2 | any name other than his or her own, or the impersonation of | ||||||
| 3 | any other physician. | ||||||
| 4 | (21) Revocation or suspension or other action taken | ||||||
| 5 | with respect to a podiatric medical license in another | ||||||
| 6 | jurisdiction that would constitute disciplinary action | ||||||
| 7 | under this Act. | ||||||
| 8 | (22) Promotion of the sale of drugs, devices, | ||||||
| 9 | appliances, or goods provided for a patient in such manner | ||||||
| 10 | as to exploit the patient for financial gain of the | ||||||
| 11 | podiatric physician. | ||||||
| 12 | (23) Gross, willful, and continued overcharging for | ||||||
| 13 | professional services including filing false statements | ||||||
| 14 | for collection of fees for those services, including, but | ||||||
| 15 | not limited to, filing false statement for collection of | ||||||
| 16 | monies for services not rendered from the medical | ||||||
| 17 | assistance program of the Department of Healthcare and | ||||||
| 18 | Family Services (formerly Department of Public Aid) under | ||||||
| 19 | the Illinois Public Aid Code or other private or public | ||||||
| 20 | third party payor. | ||||||
| 21 | (24) Being named as a perpetrator in an indicated | ||||||
| 22 | report by the Department of Children and Family Services | ||||||
| 23 | under the Abused and Neglected Child Reporting Act, and | ||||||
| 24 | upon proof by clear and convincing evidence that the | ||||||
| 25 | licensee has caused a child to be an abused child or | ||||||
| 26 | neglected child as defined in the Abused and Neglected | ||||||
| |||||||
| |||||||
| 1 | Child Reporting Act. | ||||||
| 2 | (25) Willfully making or filing false records or | ||||||
| 3 | reports in the practice of podiatric medicine, including, | ||||||
| 4 | but not limited to, false records to support claims | ||||||
| 5 | against the medical assistance program of the Department | ||||||
| 6 | of Healthcare and Family Services (formerly Department of | ||||||
| 7 | Public Aid) under the Illinois Public Aid Code. | ||||||
| 8 | (26) (Blank). | ||||||
| 9 | (27) Immoral conduct in the commission of any act | ||||||
| 10 | including, sexual abuse, sexual misconduct, or sexual | ||||||
| 11 | exploitation, related to the licensee's practice. | ||||||
| 12 | (28) Violation of the Health Care Worker Self-Referral | ||||||
| 13 | Act. | ||||||
| 14 | (29) Failure to report to the Department any adverse | ||||||
| 15 | final action taken against him or her by another licensing | ||||||
| 16 | jurisdiction of the United States or any foreign state or | ||||||
| 17 | country, any peer review body, any health care | ||||||
| 18 | institution, any professional society or association, any | ||||||
| 19 | governmental agency, any law enforcement agency, or any | ||||||
| 20 | court for acts or conduct similar to acts or conduct that | ||||||
| 21 | would constitute grounds for action as defined in this | ||||||
| 22 | Section. | ||||||
| 23 | (30) 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 | (31) Being named as a perpetrator in an indicated | ||||||
| 2 | report by the Department on Aging under the Adult | ||||||
| 3 | Protective Services Act, and upon proof by clear and | ||||||
| 4 | convincing evidence that the licensee has caused an | ||||||
| 5 | eligible adult to be abused, neglected, or financially | ||||||
| 6 | exploited as defined in the Adult Protective Services Act. | ||||||
| 7 | The Department may refuse to issue or may suspend the | ||||||
| 8 | license of any person who fails to file a return, or to pay the | ||||||
| 9 | tax, penalty, or interest shown in a filed return, or to pay | ||||||
| 10 | any final assessment of tax, penalty, or interest, as required | ||||||
| 11 | by any tax Act administered by the Illinois Department of | ||||||
| 12 | Revenue, until such time as the requirements of any such tax | ||||||
| 13 | Act are satisfied. | ||||||
| 14 | Upon receipt of a written communication from the Secretary | ||||||
| 15 | of Human Services, the Director of Healthcare and Family | ||||||
| 16 | Services (formerly Director of Public Aid), or the Director of | ||||||
| 17 | Public Health that continuation of practice of a person | ||||||
| 18 | licensed under this Act constitutes an immediate danger to the | ||||||
| 19 | public, the Secretary may immediately suspend the license of | ||||||
| 20 | such person without a hearing. In instances in which the | ||||||
| 21 | Secretary immediately suspends a license under this Section, a | ||||||
| 22 | hearing upon such person's license must be convened by the | ||||||
| 23 | Board within 15 days after such suspension and completed | ||||||
| 24 | without appreciable delay, such hearing held to determine | ||||||
| 25 | whether to recommend to the Secretary that the person's | ||||||
| 26 | license be revoked, suspended, placed on probationary status, | ||||||
| |||||||
| |||||||
| 1 | or restored, or such person be subject to other disciplinary | ||||||
| 2 | action. In such hearing, the written communication and any | ||||||
| 3 | other evidence submitted therewith may be introduced as | ||||||
| 4 | evidence against such person; provided, however, the person or | ||||||
| 5 | his counsel shall have the opportunity to discredit or impeach | ||||||
| 6 | such evidence and submit evidence rebutting the same. | ||||||
| 7 | Except for fraud in procuring a license, all proceedings | ||||||
| 8 | to suspend, revoke, place on probationary status, or take any | ||||||
| 9 | other disciplinary action as the Department may deem proper, | ||||||
| 10 | with regard to a license on any of the foregoing grounds, must | ||||||
| 11 | be commenced within 5 years after receipt by the Department of | ||||||
| 12 | a complaint alleging the commission of or notice of the | ||||||
| 13 | conviction order for any of the acts described in this | ||||||
| 14 | Section. Except for the grounds set forth in items (8), (9), | ||||||
| 15 | (26), and (29) of this Section, no action shall be commenced | ||||||
| 16 | more than 10 years after the date of the incident or act | ||||||
| 17 | alleged to have been a violation of this Section. In the event | ||||||
| 18 | of the settlement of any claim or cause of action in favor of | ||||||
| 19 | the claimant or the reduction to final judgment of any civil | ||||||
| 20 | action in favor of the plaintiff, such claim, cause of action, | ||||||
| 21 | or civil action being grounded on the allegation that a person | ||||||
| 22 | licensed under this Act was negligent in providing care, the | ||||||
| 23 | Department shall have an additional period of 2 years from the | ||||||
| 24 | date of notification to the Department under Section 26 of | ||||||
| 25 | this Act of such settlement or final judgment in which to | ||||||
| 26 | investigate and commence formal disciplinary proceedings under | ||||||
| |||||||
| |||||||
| 1 | Section 24 of this Act, except as otherwise provided by law. | ||||||
| 2 | The time during which the holder of the license was outside the | ||||||
| 3 | State of Illinois shall not be included within any period of | ||||||
| 4 | time limiting the commencement of disciplinary action by the | ||||||
| 5 | Department. | ||||||
| 6 | In enforcing this Section, the Department or Board upon a | ||||||
| 7 | showing of a possible violation may compel an individual | ||||||
| 8 | licensed to practice under this Act, or who has applied for | ||||||
| 9 | licensure under this Act, to submit to a mental or physical | ||||||
| 10 | examination, or both, as required by and at the expense of the | ||||||
| 11 | Department. The Department or Board may order the examining | ||||||
| 12 | physician to present testimony concerning the mental or | ||||||
| 13 | physical examination of the licensee or applicant. No | ||||||
| 14 | information shall be excluded by reason of any common law or | ||||||
| 15 | statutory privilege relating to communications between the | ||||||
| 16 | licensee or applicant and the examining physician. The | ||||||
| 17 | examining physicians shall be specifically designated by the | ||||||
| 18 | Board or Department. The individual to be examined may have, | ||||||
| 19 | at his or her own expense, another physician of his or her | ||||||
| 20 | choice present during all aspects of this examination. Failure | ||||||
| 21 | of an individual to submit to a mental or physical | ||||||
| 22 | examination, when directed, shall be grounds for suspension of | ||||||
| 23 | his or her license until the individual submits to the | ||||||
| 24 | examination if the Department finds, after notice and hearing, | ||||||
| 25 | that the refusal to submit to the examination was without | ||||||
| 26 | reasonable cause. | ||||||
| |||||||
| |||||||
| 1 | If the Department or Board finds an individual unable to | ||||||
| 2 | practice because of the reasons set forth in this Section, the | ||||||
| 3 | Department or Board may require that individual to submit to | ||||||
| 4 | care, counseling, or treatment by physicians approved or | ||||||
| 5 | designated by the Department or Board, as a condition, term, | ||||||
| 6 | or restriction for continued, restored, or renewed licensure | ||||||
| 7 | to practice; or, in lieu of care, counseling, or treatment, | ||||||
| 8 | the Department may file, or the Board may recommend to the | ||||||
| 9 | Department to file, a complaint to immediately suspend, | ||||||
| 10 | revoke, or otherwise discipline the license of the individual. | ||||||
| 11 | An individual whose license was granted, continued, restored, | ||||||
| 12 | renewed, disciplined, or supervised subject to such terms, | ||||||
| 13 | conditions, or restrictions, and who fails to comply with such | ||||||
| 14 | terms, conditions, or restrictions, shall be referred to the | ||||||
| 15 | Secretary for a determination as to whether the individual | ||||||
| 16 | shall have his or her license suspended immediately, pending a | ||||||
| 17 | hearing by the Department. | ||||||
| 18 | In instances in which the Secretary immediately suspends a | ||||||
| 19 | person's license under this Section, a hearing on that | ||||||
| 20 | person's license must be convened by the Department within 30 | ||||||
| 21 | days after the suspension and completed without appreciable | ||||||
| 22 | delay. The Department and Board shall have the authority to | ||||||
| 23 | review the subject individual's record of treatment and | ||||||
| 24 | counseling regarding the impairment to the extent permitted by | ||||||
| 25 | applicable federal statutes and regulations safeguarding the | ||||||
| 26 | confidentiality of medical records. | ||||||
| |||||||
| |||||||
| 1 | An individual licensed under this Act and affected under | ||||||
| 2 | this Section shall be afforded an opportunity to demonstrate | ||||||
| 3 | to the Department or Board that he or she can resume practice | ||||||
| 4 | in compliance with acceptable and prevailing standards under | ||||||
| 5 | the provisions of his or her license. | ||||||
| 6 | (Source: P.A. 100-525, eff. 9-22-17; revised 8-6-24.)
| ||||||
| 7 | Section 860. The Professional Counselor and Clinical | ||||||
| 8 | Professional Counselor Licensing and Practice Act is amended | ||||||
| 9 | by changing Section 25 as follows:
| ||||||
| 10 | (225 ILCS 107/25) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 12 | Sec. 25. Powers and duties of the Department. Subject to | ||||||
| 13 | the provisions of this Act, the Department may: | ||||||
| 14 | (a) Authorize examinations to ascertain the | ||||||
| 15 | qualifications and fitness of applicants for licensing as | ||||||
| 16 | professional counselors or clinical professional | ||||||
| 17 | counselors and pass upon the qualifications of applicants | ||||||
| 18 | for licensure by endorsement. All examinations, either | ||||||
| 19 | conducted or authorized, must allow reasonable | ||||||
| 20 | accommodations for applicants for whom English is not | ||||||
| 21 | their primary language and a test in their primary | ||||||
| 22 | language test is not available. Further, all examinations | ||||||
| 23 | either conducted or authorized must comply with all | ||||||
| 24 | communication access and reasonable modification | ||||||
| |||||||
| |||||||
| 1 | requirements in Section 504 of the federal Rehabilitation | ||||||
| 2 | Act of 1973 and Title II of the Americans with | ||||||
| 3 | Disabilities Act of 1990. | ||||||
| 4 | (b) Conduct hearings on proceedings to refuse to issue | ||||||
| 5 | or renew or to revoke licenses or suspend, place on | ||||||
| 6 | probation, censure, or reprimand or take any other | ||||||
| 7 | disciplinary or non-disciplinary action with regard to a | ||||||
| 8 | person licensed under this Act. | ||||||
| 9 | (c) Formulate rules and regulations required for the | ||||||
| 10 | administration of this Act. | ||||||
| 11 | (d) (Blank). | ||||||
| 12 | (e) Establish rules for determining approved graduate | ||||||
| 13 | professional counseling, clinical professional | ||||||
| 14 | counseling, psychology, rehabilitation counseling, and | ||||||
| 15 | similar programs. | ||||||
| 16 | (Source: P.A. 102-878, eff. 1-1-23; 103-715, eff. 1-1-25; | ||||||
| 17 | revised 11-24-24.)
| ||||||
| 18 | Section 865. The Veterinary Medicine and Surgery Practice | ||||||
| 19 | Act of 2004 is amended by changing Section 3 as follows:
| ||||||
| 20 | (225 ILCS 115/3) (from Ch. 111, par. 7003) | ||||||
| 21 | (Section scheduled to be repealed on January 1, 2029) | ||||||
| 22 | Sec. 3. Definitions. The following terms have the meanings | ||||||
| 23 | indicated, unless the context requires otherwise: | ||||||
| 24 | "Accredited college of veterinary medicine" means a | ||||||
| |||||||
| |||||||
| 1 | veterinary college, school, or division of a university or | ||||||
| 2 | college that offers the degree of Doctor of Veterinary | ||||||
| 3 | Medicine or its equivalent and that is accredited by the | ||||||
| 4 | Council on Education of the American Veterinary Medical | ||||||
| 5 | Association (AVMA). | ||||||
| 6 | "Address of record" means the designated address recorded | ||||||
| 7 | by the Department in the applicant's or licensee's application | ||||||
| 8 | file or license file as maintained by the Department's | ||||||
| 9 | licensure maintenance unit. | ||||||
| 10 | "Accredited program in veterinary technology" means any | ||||||
| 11 | post-secondary educational program that is accredited by the | ||||||
| 12 | AVMA's Committee on Veterinary Technician Education and | ||||||
| 13 | Activities or any veterinary technician program that is | ||||||
| 14 | recognized as its equivalent by the AVMA's Committee on | ||||||
| 15 | Veterinary Technician Education and Activities. | ||||||
| 16 | "Animal" means any animal, vertebrate or invertebrate, | ||||||
| 17 | other than a human. | ||||||
| 18 | "Board" means the Veterinary Licensing and Disciplinary | ||||||
| 19 | Board. | ||||||
| 20 | "Certified veterinary technician" means a person who is | ||||||
| 21 | validly and currently licensed to practice veterinary | ||||||
| 22 | technology in this State. | ||||||
| 23 | "Client" means an entity, person, group, or corporation | ||||||
| 24 | that has entered into an agreement with a veterinarian for the | ||||||
| 25 | purposes of obtaining veterinary medical services. | ||||||
| 26 | "Complementary, alternative, and integrative therapies" | ||||||
| |||||||
| |||||||
| 1 | means a heterogeneous group of diagnostic and therapeutic | ||||||
| 2 | philosophies and practices, which at the time they are | ||||||
| 3 | performed may differ from current scientific knowledge, or | ||||||
| 4 | whose theoretical basis and techniques may diverge from | ||||||
| 5 | veterinary medicine routinely taught in accredited veterinary | ||||||
| 6 | medical colleges, or both. "Complementary, alternative, and | ||||||
| 7 | integrative therapies" includes include, but is are not | ||||||
| 8 | limited to, veterinary acupuncture, acutherapy, and | ||||||
| 9 | acupressure; veterinary homeopathy; veterinary manual or | ||||||
| 10 | manipulative therapy or therapy based on techniques practiced | ||||||
| 11 | in osteopathy, chiropractic medicine, or physical medicine and | ||||||
| 12 | therapy; veterinary nutraceutical therapy; veterinary | ||||||
| 13 | phytotherapy; and other therapies as defined by rule. | ||||||
| 14 | "Consultation" means when a veterinarian receives advice | ||||||
| 15 | in person, telephonically, electronically, or by any other | ||||||
| 16 | method of communication from a veterinarian licensed in this | ||||||
| 17 | or any other state or other person whose expertise, in the | ||||||
| 18 | opinion of the veterinarian, would benefit a patient. Under | ||||||
| 19 | any circumstance, the responsibility for the welfare of the | ||||||
| 20 | patient remains with the veterinarian receiving consultation. | ||||||
| 21 | "Department" means the Department of Financial and | ||||||
| 22 | Professional Regulation. | ||||||
| 23 | "Direct supervision" means the supervising veterinarian is | ||||||
| 24 | readily available on the premises where the animal is being | ||||||
| 25 | treated. | ||||||
| 26 | "Email address of record" means the designated email | ||||||
| |||||||
| |||||||
| 1 | address recorded by the Department in the applicant's | ||||||
| 2 | application file or the licensee's license file, as maintained | ||||||
| 3 | by the Department's licensure maintenance unit. | ||||||
| 4 | "Immediate supervision" means the supervising veterinarian | ||||||
| 5 | is in the immediate area, within audible and visual range of | ||||||
| 6 | the patient and the person treating the patient. | ||||||
| 7 | "Impaired veterinarian" means a veterinarian who is unable | ||||||
| 8 | to practice veterinary medicine with reasonable skill and | ||||||
| 9 | safety because of a physical or mental disability as evidenced | ||||||
| 10 | by a written determination or written consent based on | ||||||
| 11 | clinical evidence, including deterioration through the aging | ||||||
| 12 | process, loss of motor skills, or abuse of drugs or alcohol of | ||||||
| 13 | sufficient degree to diminish a person's ability to deliver | ||||||
| 14 | competent patient care. | ||||||
| 15 | "Indirect supervision" means the supervising veterinarian | ||||||
| 16 | need not be on the premises, but has given either written or | ||||||
| 17 | oral instructions for the treatment of the animal and is | ||||||
| 18 | available by telephone or other form of communication. | ||||||
| 19 | "Licensed veterinarian" means a person who is validly and | ||||||
| 20 | currently licensed to practice veterinary medicine in this | ||||||
| 21 | State. | ||||||
| 22 | "Patient" means an animal or group of animals that is | ||||||
| 23 | examined or treated by a veterinarian. | ||||||
| 24 | "Person" means an individual, firm, partnership (general, | ||||||
| 25 | limited, or limited liability), association, joint venture, | ||||||
| 26 | cooperative, corporation, limited liability company, or any | ||||||
| |||||||
| |||||||
| 1 | other group or combination acting in concert, whether or not | ||||||
| 2 | acting as a principal, partner, member, trustee, fiduciary, | ||||||
| 3 | receiver, or any other kind of legal or personal | ||||||
| 4 | representative, or as the successor in interest, assignee, | ||||||
| 5 | agent, factor, servant, employee, director, officer, or any | ||||||
| 6 | other representative of such person. | ||||||
| 7 | "Practice of veterinary medicine" means to diagnose, | ||||||
| 8 | prognose, treat, correct, change, alleviate, or prevent animal | ||||||
| 9 | disease, illness, pain, deformity, defect, injury, or other | ||||||
| 10 | physical, dental, or mental conditions by any method or mode, | ||||||
| 11 | such as telemedicine, including the performance of one or more | ||||||
| 12 | of the following: | ||||||
| 13 | (1) Prescribing, dispensing, administering, applying, | ||||||
| 14 | or ordering the administration of any drug, medicine, | ||||||
| 15 | biologic, apparatus, anesthetic, or other therapeutic or | ||||||
| 16 | diagnostic substance, or medical or surgical technique. | ||||||
| 17 | (2) (Blank). | ||||||
| 18 | (3) Performing upon an animal a surgical or dental | ||||||
| 19 | operation. | ||||||
| 20 | (3.5) Performing upon an animal complementary, | ||||||
| 21 | alternative, or integrative therapy. | ||||||
| 22 | (4) Performing upon an animal any manual or mechanical | ||||||
| 23 | procedure for reproductive management, including the | ||||||
| 24 | diagnosis or treatment of pregnancy, sterility, or | ||||||
| 25 | infertility. | ||||||
| 26 | (4.5) The rendering of advice or recommendation by any | ||||||
| |||||||
| |||||||
| 1 | means, including telephonic and other electronic | ||||||
| 2 | communications, with regard to the performing upon an | ||||||
| 3 | animal any manual or mechanical procedure for reproductive | ||||||
| 4 | management, including the diagnosis or treatment of | ||||||
| 5 | pregnancy, sterility, or infertility. | ||||||
| 6 | (5) Determining the health and fitness of an animal. | ||||||
| 7 | (6) Representing oneself, directly or indirectly, as | ||||||
| 8 | engaging in the practice of veterinary medicine. | ||||||
| 9 | (7) Using any word, letters, or title under such | ||||||
| 10 | circumstances as to induce the belief that the person | ||||||
| 11 | using them is qualified to engage in the practice of | ||||||
| 12 | veterinary medicine or any of its branches. Such use shall | ||||||
| 13 | be prima facie evidence of the intention to represent | ||||||
| 14 | oneself as engaging in the practice of veterinary | ||||||
| 15 | medicine. | ||||||
| 16 | "Secretary" means the Secretary of Financial and | ||||||
| 17 | Professional Regulation. | ||||||
| 18 | "Supervising veterinarian" means a veterinarian who | ||||||
| 19 | assumes responsibility for the professional care given to an | ||||||
| 20 | animal by a person working under his or her direction in either | ||||||
| 21 | an immediate, direct, or indirect supervision arrangement. The | ||||||
| 22 | supervising veterinarian must have examined the animal at such | ||||||
| 23 | time as acceptable veterinary medical practices require | ||||||
| 24 | requires, consistent with the particular delegated animal | ||||||
| 25 | health care task. | ||||||
| 26 | "Therapeutic" means the treatment, control, and prevention | ||||||
| |||||||
| |||||||
| 1 | of disease. | ||||||
| 2 | "Veterinarian" means a person who is validly and currently | ||||||
| 3 | licensed to practice veterinary medicine in this State. | ||||||
| 4 | "Veterinarian-client-patient relationship" means that all | ||||||
| 5 | of the following conditions have been met: | ||||||
| 6 | (1) The veterinarian has assumed the responsibility | ||||||
| 7 | for making clinical judgments regarding the health of an | ||||||
| 8 | animal and the need for medical treatment and the client, | ||||||
| 9 | owner, or other caretaker has agreed to follow the | ||||||
| 10 | instructions of the veterinarian; | ||||||
| 11 | (2) There is sufficient knowledge of an animal by the | ||||||
| 12 | veterinarian to initiate at least a general or preliminary | ||||||
| 13 | diagnosis of the medical condition of the animal. This | ||||||
| 14 | means that the veterinarian has recently seen and is | ||||||
| 15 | personally acquainted with the keeping and care of the | ||||||
| 16 | animal by virtue of an in-person examination of the animal | ||||||
| 17 | or by medically appropriate and timely visits to the | ||||||
| 18 | premises where the animal is kept, or the veterinarian has | ||||||
| 19 | access to the patient's records and has been designated by | ||||||
| 20 | the veterinarian with the prior relationship to provide | ||||||
| 21 | reasonable and appropriate medical care if the | ||||||
| 22 | veterinarian with the prior relationship is unavailable; | ||||||
| 23 | and | ||||||
| 24 | (3) The practicing veterinarian is readily available | ||||||
| 25 | for follow-up in case of adverse reactions or failure of | ||||||
| 26 | the treatment regimen or, if unavailable, has designated | ||||||
| |||||||
| |||||||
| 1 | another available veterinarian who has access to the | ||||||
| 2 | patient's records to provide reasonable and appropriate | ||||||
| 3 | medical care. | ||||||
| 4 | "Veterinarian-client-patient relationship" does not mean a | ||||||
| 5 | relationship solely based on telephonic or other electronic | ||||||
| 6 | communications. | ||||||
| 7 | "Veterinary medicine" means all branches and specialties | ||||||
| 8 | included within the practice of veterinary medicine. | ||||||
| 9 | "Veterinary premises" means any premises or facility where | ||||||
| 10 | the practice of veterinary medicine occurs, including, but not | ||||||
| 11 | limited to, a mobile clinic, outpatient clinic, satellite | ||||||
| 12 | clinic, or veterinary hospital or clinic. "Veterinary | ||||||
| 13 | premises" does not mean the premises of a veterinary client, | ||||||
| 14 | research facility, a federal military base, or an accredited | ||||||
| 15 | college of veterinary medicine. | ||||||
| 16 | "Veterinary prescription drugs" means those drugs | ||||||
| 17 | restricted to use by or on the order of a licensed veterinarian | ||||||
| 18 | in accordance with Section 503(f) of the Federal Food, Drug, | ||||||
| 19 | and Cosmetic Act (21 U.S.C. 353). | ||||||
| 20 | "Veterinary specialist" means a veterinarian: (1) who has | ||||||
| 21 | been awarded and maintains certification from a veterinary | ||||||
| 22 | specialty organization recognized by the American Board of | ||||||
| 23 | Veterinary Specialties; (2) who has been awarded and maintains | ||||||
| 24 | certification from a veterinary certifying organization whose | ||||||
| 25 | standards have been found by the Board to be equivalent to or | ||||||
| 26 | more stringent than those of American Board of Veterinary | ||||||
| |||||||
| |||||||
| 1 | Specialties-recognized veterinary specialty organizations; or | ||||||
| 2 | (3) who otherwise meets criteria that may be established by | ||||||
| 3 | the Board to support a claim to be a veterinary specialist. | ||||||
| 4 | "Veterinary technology" means the performance of services | ||||||
| 5 | within the field of veterinary medicine by a person who, for | ||||||
| 6 | compensation or personal profit, is employed by a licensed | ||||||
| 7 | veterinarian to perform duties that require an understanding | ||||||
| 8 | of veterinary medicine necessary to carry out the orders of | ||||||
| 9 | the veterinarian. Those services, however, shall not include | ||||||
| 10 | diagnosing, prognosing, prescribing, or surgery. | ||||||
| 11 | (Source: P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24; | ||||||
| 12 | revised 8-6-24.)
| ||||||
| 13 | Section 870. The Registered Surgical Assistant and | ||||||
| 14 | Registered Surgical Technologist Title Protection Act is | ||||||
| 15 | amended by changing Section 75 as follows:
| ||||||
| 16 | (225 ILCS 130/75) | ||||||
| 17 | (Section scheduled to be repealed on January 1, 2029) | ||||||
| 18 | Sec. 75. Grounds for disciplinary action. | ||||||
| 19 | (a) The Department may refuse to issue, renew, or restore | ||||||
| 20 | a registration, may revoke or suspend a registration, or may | ||||||
| 21 | place on probation, reprimand, or take other disciplinary or | ||||||
| 22 | non-disciplinary action with regard to a person registered | ||||||
| 23 | under this Act, including, but not limited to, the imposition | ||||||
| 24 | of fines not to exceed $10,000 for each violation and the | ||||||
| |||||||
| |||||||
| 1 | assessment of costs as provided for in Section 90, for any one | ||||||
| 2 | or combination of the following causes: | ||||||
| 3 | (1) Making a material misstatement in furnishing | ||||||
| 4 | information to the Department. | ||||||
| 5 | (2) Violating a provision of this Act or rules adopted | ||||||
| 6 | under this Act. | ||||||
| 7 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 8 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 9 | sentencing of any crime, including, but not limited to, | ||||||
| 10 | convictions, preceding sentences of supervision, | ||||||
| 11 | conditional discharge, or first offender probation, under | ||||||
| 12 | the laws of any jurisdiction of the United States that is | ||||||
| 13 | (i) a felony or (ii) a misdemeanor, an essential element | ||||||
| 14 | of which is dishonesty, or that is directly related to the | ||||||
| 15 | practice of the profession. | ||||||
| 16 | (4) Fraud or misrepresentation in applying for, | ||||||
| 17 | renewing, restoring, reinstating, or procuring a | ||||||
| 18 | registration under this Act. | ||||||
| 19 | (5) Aiding or assisting another person in violating a | ||||||
| 20 | provision of this Act or its rules. | ||||||
| 21 | (6) Failing to provide information within 60 days in | ||||||
| 22 | response to a written request made by the Department. | ||||||
| 23 | (7) Engaging in dishonorable, unethical, or | ||||||
| 24 | unprofessional conduct of a character likely to deceive, | ||||||
| 25 | defraud, or harm the public, as defined by rule of the | ||||||
| 26 | Department. | ||||||
| |||||||
| |||||||
| 1 | (8) Discipline by another United States jurisdiction, | ||||||
| 2 | governmental agency, unit of government, or foreign | ||||||
| 3 | nation, if at least one of the grounds for discipline is | ||||||
| 4 | the same or substantially equivalent to those set forth in | ||||||
| 5 | this Section. | ||||||
| 6 | (9) Directly or indirectly giving to or receiving from | ||||||
| 7 | a person, firm, corporation, partnership, or association a | ||||||
| 8 | fee, commission, rebate, or other form of compensation for | ||||||
| 9 | professional services not actually or personally rendered. | ||||||
| 10 | Nothing in this paragraph (9) affects any bona fide | ||||||
| 11 | independent contractor or employment arrangements among | ||||||
| 12 | health care professionals, health facilities, health care | ||||||
| 13 | providers, or other entities, except as otherwise | ||||||
| 14 | prohibited by law. Any employment arrangements may include | ||||||
| 15 | provisions for compensation, health insurance, pension, or | ||||||
| 16 | other employment benefits for the provision of services | ||||||
| 17 | within the scope of the registrant's practice under this | ||||||
| 18 | Act. Nothing in this paragraph (9) shall be construed to | ||||||
| 19 | require an employment arrangement to receive professional | ||||||
| 20 | fees for services rendered. | ||||||
| 21 | (10) A finding by the Department that the registrant, | ||||||
| 22 | after having the registration placed on probationary | ||||||
| 23 | status, has violated the terms of probation. | ||||||
| 24 | (11) Willfully making or filing false records or | ||||||
| 25 | reports in the practice, including, but not limited to, | ||||||
| 26 | false records or reports filed with State agencies. | ||||||
| |||||||
| |||||||
| 1 | (12) Willfully making or signing a false statement, | ||||||
| 2 | certificate, or affidavit to induce payment. | ||||||
| 3 | (13) Willfully failing to report an instance of | ||||||
| 4 | suspected child abuse or neglect as required under the | ||||||
| 5 | Abused and Neglected Child Reporting Act. | ||||||
| 6 | (14) Being named as a perpetrator in an indicated | ||||||
| 7 | report by the Department of Children and Family Services | ||||||
| 8 | under the Abused and Neglected Child Reporting Act and | ||||||
| 9 | upon proof by clear and convincing evidence that the | ||||||
| 10 | registrant has caused a child to be an abused child or | ||||||
| 11 | neglected child as defined in the Abused and Neglected | ||||||
| 12 | Child Reporting Act. | ||||||
| 13 | (15) (Blank). | ||||||
| 14 | (16) Failure to report to the Department (A) any | ||||||
| 15 | adverse final action taken against the registrant by | ||||||
| 16 | another registering or licensing jurisdiction, government | ||||||
| 17 | agency, law enforcement agency, or any court or (B) | ||||||
| 18 | liability for conduct that would constitute grounds for | ||||||
| 19 | action as set forth in this Section. | ||||||
| 20 | (17) Habitual or excessive use or abuse of drugs | ||||||
| 21 | defined in law as controlled substances, alcohol, or any | ||||||
| 22 | other substance that results in the inability to practice | ||||||
| 23 | with reasonable judgment, skill, or safety. | ||||||
| 24 | (18) Physical or mental illness, including, but not | ||||||
| 25 | limited to, deterioration through the aging process or | ||||||
| 26 | loss of motor skills, which results in the inability to | ||||||
| |||||||
| |||||||
| 1 | practice the profession for which the person is registered | ||||||
| 2 | with reasonable judgment, skill, or safety. | ||||||
| 3 | (19) Gross malpractice. | ||||||
| 4 | (20) Immoral conduct in the commission of an act | ||||||
| 5 | related to the registrant's practice, including, but not | ||||||
| 6 | limited to, sexual abuse, sexual misconduct, or sexual | ||||||
| 7 | exploitation. | ||||||
| 8 | (21) Violation of the Health Care Worker Self-Referral | ||||||
| 9 | Act. | ||||||
| 10 | (b) The Department may refuse to issue or may suspend | ||||||
| 11 | without hearing the registration of a person who fails to file | ||||||
| 12 | a return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 13 | return, or to pay a final assessment of the tax, penalty, or | ||||||
| 14 | interest as required by a tax Act administered by the | ||||||
| 15 | Department of Revenue, until the requirements of the tax Act | ||||||
| 16 | are satisfied in accordance with subsection (g) of Section | ||||||
| 17 | 2105-15 of the Department of Professional Regulation Law of | ||||||
| 18 | the Civil Administrative Code of Illinois. | ||||||
| 19 | (b-1) The Department shall not revoke, suspend, summarily | ||||||
| 20 | suspend, place on probation, reprimand, refuse to issue or | ||||||
| 21 | renew, or take any other disciplinary or non-disciplinary | ||||||
| 22 | action against the license issued under this Act to practice | ||||||
| 23 | as a registered surgical assistant or registered surgical | ||||||
| 24 | technologist based solely upon the registered surgical | ||||||
| 25 | assistant or registered surgical technologist providing, | ||||||
| 26 | authorizing, recommending, aiding, assisting, referring for, | ||||||
| |||||||
| |||||||
| 1 | or otherwise participating in any health care service, so long | ||||||
| 2 | as the care was not unlawful under the laws of this State, | ||||||
| 3 | regardless of whether the patient was a resident of this State | ||||||
| 4 | or another state. | ||||||
| 5 | (b-2) The Department shall not revoke, suspend, summarily | ||||||
| 6 | suspend, place on prohibition, reprimand, refuse to issue or | ||||||
| 7 | renew, or take any other disciplinary or non-disciplinary | ||||||
| 8 | action against the license issued under this Act to practice | ||||||
| 9 | as a registered surgical assistant or registered surgical | ||||||
| 10 | technologist based upon the registered surgical assistant's or | ||||||
| 11 | registered surgical technologist's license being revoked or | ||||||
| 12 | suspended, or the registered surgical assistant's or | ||||||
| 13 | registered surgical technologist's being otherwise disciplined | ||||||
| 14 | by any other state, if that revocation, suspension, or other | ||||||
| 15 | form of discipline was based solely on the registered surgical | ||||||
| 16 | assistant or registered surgical technologist violating | ||||||
| 17 | another state's laws prohibiting the provision of, | ||||||
| 18 | authorization of, recommendation of, aiding or assisting in, | ||||||
| 19 | referring for, or participation in any health care service if | ||||||
| 20 | that health care service as provided would not have been | ||||||
| 21 | unlawful under the laws of this State and is consistent with | ||||||
| 22 | the standards of conduct for the registered surgical assistant | ||||||
| 23 | or registered surgical technologist practicing in this State. | ||||||
| 24 | (b-3) The conduct specified in subsection (b-1) or (b-2) | ||||||
| 25 | shall not constitute grounds for suspension under Section 145. | ||||||
| 26 | (b-4) An applicant seeking licensure, certification, or | ||||||
| |||||||
| |||||||
| 1 | authorization pursuant to this Act who has been subject to | ||||||
| 2 | disciplinary action by a duly authorized professional | ||||||
| 3 | disciplinary agency of another jurisdiction solely on the | ||||||
| 4 | basis of having provided, authorized, recommended, aided, | ||||||
| 5 | assisted, referred for, or otherwise participated in health | ||||||
| 6 | care shall not be denied such licensure, certification, or | ||||||
| 7 | authorization, unless the Department determines that such | ||||||
| 8 | action would have constituted professional misconduct in this | ||||||
| 9 | State. Nothing in this Section shall be construed as | ||||||
| 10 | prohibiting the Department from evaluating the conduct of such | ||||||
| 11 | applicant and making a determination regarding the licensure, | ||||||
| 12 | certification, or authorization to practice a profession under | ||||||
| 13 | this Act. | ||||||
| 14 | (c) The determination by a circuit court that a registrant | ||||||
| 15 | is subject to involuntary admission or judicial admission as | ||||||
| 16 | provided in the Mental Health and Developmental Disabilities | ||||||
| 17 | Code operates as an automatic suspension. The suspension will | ||||||
| 18 | end only upon (1) a finding by a court that the patient is no | ||||||
| 19 | longer subject to involuntary admission or judicial admission, | ||||||
| 20 | (2) issuance of an order so finding and discharging the | ||||||
| 21 | patient, and (3) filing of a petition for restoration | ||||||
| 22 | demonstrating fitness to practice. | ||||||
| 23 | (d) (Blank). | ||||||
| 24 | (e) In cases where the Department of Healthcare and Family | ||||||
| 25 | Services has previously determined a registrant or a potential | ||||||
| 26 | registrant is more than 30 days delinquent in the payment of | ||||||
| |||||||
| |||||||
| 1 | child support and has subsequently certified the delinquency | ||||||
| 2 | to the Department, the Department may refuse to issue or renew | ||||||
| 3 | or may revoke or suspend that person's registration or may | ||||||
| 4 | take other disciplinary action against that person based | ||||||
| 5 | solely upon the certification of delinquency made by the | ||||||
| 6 | Department of Healthcare and Family Services in accordance | ||||||
| 7 | with paragraph (5) of subsection (a) of Section 2105-15 of the | ||||||
| 8 | Department of Professional Regulation Law of the Civil | ||||||
| 9 | Administrative Code of Illinois. | ||||||
| 10 | (f) In enforcing this Section, the Department, upon a | ||||||
| 11 | showing of a possible violation, may compel any individual | ||||||
| 12 | registered under this Act or any individual who has applied | ||||||
| 13 | for registration to submit to a mental or physical examination | ||||||
| 14 | and evaluation, or both, that may include a substance abuse or | ||||||
| 15 | sexual offender evaluation, at the expense of the Department. | ||||||
| 16 | The Department shall specifically designate the examining | ||||||
| 17 | physician licensed to practice medicine in all of its branches | ||||||
| 18 | or, if applicable, the multidisciplinary team involved in | ||||||
| 19 | providing the mental or physical examination and evaluation, | ||||||
| 20 | or both. The multidisciplinary team shall be led by a | ||||||
| 21 | physician licensed to practice medicine in all of its branches | ||||||
| 22 | and may consist of one or more or a combination of physicians | ||||||
| 23 | licensed to practice medicine in all of its branches, licensed | ||||||
| 24 | chiropractic physicians, licensed clinical psychologists, | ||||||
| 25 | licensed clinical social workers, licensed clinical | ||||||
| 26 | professional counselors, and other professional and | ||||||
| |||||||
| |||||||
| 1 | administrative staff. Any examining physician or member of the | ||||||
| 2 | multidisciplinary team may require any person ordered to | ||||||
| 3 | submit to an examination and evaluation pursuant to this | ||||||
| 4 | Section to submit to any additional supplemental testing | ||||||
| 5 | deemed necessary to complete any examination or evaluation | ||||||
| 6 | process, including, but not limited to, blood testing, | ||||||
| 7 | urinalysis, psychological testing, or neuropsychological | ||||||
| 8 | testing. | ||||||
| 9 | The Department may order the examining physician or any | ||||||
| 10 | member of the multidisciplinary team to provide to the | ||||||
| 11 | Department any and all records, including business records, | ||||||
| 12 | that relate to the examination and evaluation, including any | ||||||
| 13 | supplemental testing performed. The Department may order the | ||||||
| 14 | examining physician or any member of the multidisciplinary | ||||||
| 15 | team to present testimony concerning this examination and | ||||||
| 16 | evaluation of the registrant or applicant, including testimony | ||||||
| 17 | concerning any supplemental testing or documents relating to | ||||||
| 18 | the examination and evaluation. No information, report, | ||||||
| 19 | record, or other documents in any way related to the | ||||||
| 20 | examination and evaluation shall be excluded by reason of any | ||||||
| 21 | common law or statutory privilege relating to communication | ||||||
| 22 | between the registrant or applicant and the examining | ||||||
| 23 | physician or any member of the multidisciplinary team. No | ||||||
| 24 | authorization is necessary from the registrant or applicant | ||||||
| 25 | ordered to undergo an evaluation and examination for the | ||||||
| 26 | examining physician or any member of the multidisciplinary | ||||||
| |||||||
| |||||||
| 1 | team to provide information, reports, records, or other | ||||||
| 2 | documents or to provide any testimony regarding the | ||||||
| 3 | examination and evaluation. The individual to be examined may | ||||||
| 4 | have, at the individual's own expense, another physician of | ||||||
| 5 | the individual's choice present during all aspects of the | ||||||
| 6 | examination. | ||||||
| 7 | Failure of any individual to submit to mental or physical | ||||||
| 8 | examination and evaluation, or both, when directed, shall | ||||||
| 9 | result in an automatic suspension without a hearing until such | ||||||
| 10 | time as the individual submits to the examination. If the | ||||||
| 11 | Department finds a registrant unable to practice because of | ||||||
| 12 | the reasons set forth in this Section, the Department shall | ||||||
| 13 | require such registrant to submit to care, counseling, or | ||||||
| 14 | treatment by physicians approved or designated by the | ||||||
| 15 | Department as a condition for continued, reinstated, or | ||||||
| 16 | renewed registration. | ||||||
| 17 | When the Secretary immediately suspends a registration | ||||||
| 18 | under this Section, a hearing upon such person's registration | ||||||
| 19 | must be convened by the Department within 15 days after such | ||||||
| 20 | suspension and completed without appreciable delay. The | ||||||
| 21 | Department shall have the authority to review the registrant's | ||||||
| 22 | record of treatment and counseling regarding the impairment to | ||||||
| 23 | the extent permitted by applicable federal statutes and | ||||||
| 24 | regulations safeguarding the confidentiality of medical | ||||||
| 25 | records. | ||||||
| 26 | Individuals registered under this Act and affected under | ||||||
| |||||||
| |||||||
| 1 | this Section shall be afforded an opportunity to demonstrate | ||||||
| 2 | to the Department that they can resume practice in compliance | ||||||
| 3 | with acceptable and prevailing standards under the provisions | ||||||
| 4 | of their registration. | ||||||
| 5 | (g) All fines imposed under this Section shall be paid | ||||||
| 6 | within 60 days after the effective date of the order imposing | ||||||
| 7 | the fine or in accordance with the terms set forth in the order | ||||||
| 8 | imposing the fine. | ||||||
| 9 | (h) (f) The Department may adopt rules to implement the | ||||||
| 10 | changes made by Public Act 102-1117. | ||||||
| 11 | (Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24; | ||||||
| 12 | 103-605, eff. 7-1-24; revised 10-16-24.)
| ||||||
| 13 | Section 875. The Auction License Act is amended by | ||||||
| 14 | changing Section 20-15 as follows:
| ||||||
| 15 | (225 ILCS 407/20-15) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 17 | Sec. 20-15. Disciplinary actions; grounds. The Department | ||||||
| 18 | may refuse to issue or renew a license, may place on probation | ||||||
| 19 | or administrative supervision, suspend, or revoke any license | ||||||
| 20 | or may reprimand or take other disciplinary or | ||||||
| 21 | non-disciplinary action as the Department may deem proper, | ||||||
| 22 | including the imposition of fines not to exceed $10,000 for | ||||||
| 23 | each violation upon any licensee or applicant under this Act | ||||||
| 24 | or any person or entity who holds oneself out as an applicant | ||||||
| |||||||
| |||||||
| 1 | or licensee for any of the following reasons: | ||||||
| 2 | (1) False or fraudulent representation or material | ||||||
| 3 | misstatement in furnishing information to the Department | ||||||
| 4 | in obtaining or seeking to obtain a license. | ||||||
| 5 | (2) Violation of any provision of this Act or the | ||||||
| 6 | rules adopted under this Act. | ||||||
| 7 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
| 8 | contendere, as set forth in subsection (c) of Section | ||||||
| 9 | 10-5, to any crime that is a felony or misdemeanor under | ||||||
| 10 | the laws of the United States or any state or territory | ||||||
| 11 | thereof, or entry of an administrative sanction by a | ||||||
| 12 | government agency in this State or any other jurisdiction. | ||||||
| 13 | (3.5) Failing to notify the Department, within 30 days | ||||||
| 14 | after the occurrence, of the information required in | ||||||
| 15 | subsection (c) of Section 10-5. | ||||||
| 16 | (4) Being adjudged to be a person under legal | ||||||
| 17 | disability or subject to involuntary admission or to meet | ||||||
| 18 | the standard for judicial admission as provided in the | ||||||
| 19 | Mental Health and Developmental Disabilities Code. | ||||||
| 20 | (5) Discipline of a licensee by another state, the | ||||||
| 21 | District of Columbia, a territory of the United States, a | ||||||
| 22 | foreign nation, a governmental agency, or any other entity | ||||||
| 23 | authorized to impose discipline if at least one of the | ||||||
| 24 | grounds for that discipline is the same as or the | ||||||
| 25 | equivalent to one of the grounds for discipline set forth | ||||||
| 26 | in this Act or for failing to report to the Department, | ||||||
| |||||||
| |||||||
| 1 | within 30 days, any adverse final action taken against the | ||||||
| 2 | licensee by any other licensing jurisdiction, government | ||||||
| 3 | agency, law enforcement agency, or court, or liability for | ||||||
| 4 | conduct that would constitute grounds for action as set | ||||||
| 5 | forth in this Act. | ||||||
| 6 | (6) Engaging in the practice of auctioneering, | ||||||
| 7 | conducting an auction, or providing an auction service | ||||||
| 8 | without a license or after the license was expired, | ||||||
| 9 | revoked, suspended, or terminated or while the license was | ||||||
| 10 | inoperative. | ||||||
| 11 | (7) Attempting to subvert or cheat on the auctioneer | ||||||
| 12 | exam or any continuing education exam, or aiding or | ||||||
| 13 | abetting another to do the same. | ||||||
| 14 | (8) 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 service not actually or personally rendered, | ||||||
| 18 | except that an auctioneer licensed under this Act may | ||||||
| 19 | receive a fee from another licensed auctioneer from this | ||||||
| 20 | State or jurisdiction for the referring of a client or | ||||||
| 21 | prospect for auction services to the licensed auctioneer. | ||||||
| 22 | (9) Making any substantial misrepresentation or | ||||||
| 23 | untruthful advertising. | ||||||
| 24 | (10) Making any false promises of a character likely | ||||||
| 25 | to influence, persuade, or induce. | ||||||
| 26 | (11) Pursuing a continued and flagrant course of | ||||||
| |||||||
| |||||||
| 1 | misrepresentation or the making of false promises through | ||||||
| 2 | a licensee, agent, employee, advertising, or otherwise. | ||||||
| 3 | (12) Any misleading or untruthful advertising, or | ||||||
| 4 | using any trade name or insignia of membership in any | ||||||
| 5 | auctioneer association or organization of which the | ||||||
| 6 | licensee is not a member. | ||||||
| 7 | (13) Commingling funds of others with the licensee's | ||||||
| 8 | own funds or failing to keep the funds of others in an | ||||||
| 9 | escrow or trustee account. | ||||||
| 10 | (14) Failure to account for, remit, or return any | ||||||
| 11 | moneys, property, or documents coming into the licensee's | ||||||
| 12 | possession that belong to others, acquired through the | ||||||
| 13 | practice of auctioneering, conducting an auction, or | ||||||
| 14 | providing an auction service within 30 days of the written | ||||||
| 15 | request from the owner of said moneys, property, or | ||||||
| 16 | documents. | ||||||
| 17 | (15) Failure to maintain and deposit into a special | ||||||
| 18 | account, separate and apart from any personal or other | ||||||
| 19 | business accounts, all moneys belonging to others | ||||||
| 20 | entrusted to a licensee while acting as an auctioneer, | ||||||
| 21 | auction firm, or as a temporary custodian of the funds of | ||||||
| 22 | others. | ||||||
| 23 | (16) Failure to make available to Department personnel | ||||||
| 24 | during normal business hours all escrow and trustee | ||||||
| 25 | records and related documents maintained in connection | ||||||
| 26 | with the practice of auctioneering, conducting an auction, | ||||||
| |||||||
| |||||||
| 1 | or providing an auction service within 24 hours after a | ||||||
| 2 | request from Department personnel. | ||||||
| 3 | (17) Making or filing false records or reports in the | ||||||
| 4 | licensee's practice, including, but not limited to, false | ||||||
| 5 | records or reports filed with State agencies. | ||||||
| 6 | (18) Failing to voluntarily furnish copies of all | ||||||
| 7 | written instruments prepared by the auctioneer and signed | ||||||
| 8 | by all parties to all parties at the time of execution. | ||||||
| 9 | (19) Failing to provide information within 30 days in | ||||||
| 10 | response to a written request made by the Department. | ||||||
| 11 | (20) Engaging in any act that constitutes a violation | ||||||
| 12 | of the Illinois Human Rights Act. | ||||||
| 13 | (21) (Blank). | ||||||
| 14 | (22) Engaging in dishonorable, unethical, or | ||||||
| 15 | unprofessional conduct of a character likely to deceive, | ||||||
| 16 | defraud, or harm the public. | ||||||
| 17 | (23) Offering or advertising real estate for sale or | ||||||
| 18 | lease at auction without a valid broker or managing | ||||||
| 19 | broker's license under the Real Estate License Act of | ||||||
| 20 | 1983, or any successor Act, unless exempt from licensure | ||||||
| 21 | under the terms of the Real Estate License Act of 2000, or | ||||||
| 22 | any successor Act, except as provided in Section 5-32 of | ||||||
| 23 | the Real Estate License Act of 2000. | ||||||
| 24 | (24) Inability to practice the profession with | ||||||
| 25 | reasonable judgment, skill, or safety as a result of a | ||||||
| 26 | physical illness, mental illness, or disability. | ||||||
| |||||||
| |||||||
| 1 | (25) A pattern of practice or other behavior that | ||||||
| 2 | demonstrates incapacity or incompetence to practice under | ||||||
| 3 | this Act. | ||||||
| 4 | (26) Being named as a perpetrator in an indicated | ||||||
| 5 | report by the Department of Children and Family Services | ||||||
| 6 | under the Abused and Neglected Child Reporting Act and | ||||||
| 7 | upon proof by clear and convincing evidence that the | ||||||
| 8 | licensee has caused a child to be an abused child or a | ||||||
| 9 | neglected child as defined in the Abused and Neglected | ||||||
| 10 | Child Reporting Act. | ||||||
| 11 | (27) Inability to practice with reasonable judgment, | ||||||
| 12 | skill, or safety as a result of habitual or excessive use | ||||||
| 13 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
| 14 | other chemical agent or drug. | ||||||
| 15 | (28) Willfully failing to report an instance of | ||||||
| 16 | suspected child abuse or neglect as required by the Abused | ||||||
| 17 | and Neglected Child Reporting Act. | ||||||
| 18 | (29) Violating the terms of any order issued by the | ||||||
| 19 | Department. | ||||||
| 20 | (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24; | ||||||
| 21 | revised 8-13-24.)
| ||||||
| 22 | Section 880. The Illinois Certified Shorthand Reporters | ||||||
| 23 | Act of 1984 is amended by changing Section 27 as follows:
| ||||||
| 24 | (225 ILCS 415/27) (from Ch. 111, par. 6243) | ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 2 | Sec. 27. As a condition for renewal of a license, | ||||||
| 3 | licensees shall be required to complete continuing education | ||||||
| 4 | in accordance with rules established by the Department. | ||||||
| 5 | Persons employed as full-time full time court reporters | ||||||
| 6 | under the Court Reporters Act may apply for a waiver from the | ||||||
| 7 | continuing education requirements. The waiver shall be granted | ||||||
| 8 | upon the submission of evidence satisfactory to the Department | ||||||
| 9 | that the certified shorthand reporter is employed as a | ||||||
| 10 | full-time full time court reporter under the Court Reporters | ||||||
| 11 | Act. | ||||||
| 12 | (Source: P.A. 98-445, eff. 12-31-13; revised 10-23-24.)
| ||||||
| 13 | Section 885. The Hydraulic Fracturing Regulatory Act is | ||||||
| 14 | amended by changing Sections 1-83 and 1-87 as follows:
| ||||||
| 15 | (225 ILCS 732/1-83) | ||||||
| 16 | Sec. 1-83. Order authority. | ||||||
| 17 | (a) Any person who has reason to believe the person has | ||||||
| 18 | they have incurred pollution or diminution of a water source | ||||||
| 19 | as a result of a high volume horizontal hydraulic fracturing | ||||||
| 20 | treatment of a well may notify the Department and request that | ||||||
| 21 | an investigation be conducted. | ||||||
| 22 | (b) Within 30 calendar days after notification, the | ||||||
| 23 | Department shall initiate the investigation of the claim and | ||||||
| 24 | make a reasonable effort to reach a determination within 180 | ||||||
| |||||||
| |||||||
| 1 | calendar days after notification. The Department may contact | ||||||
| 2 | the Agency to seek the Agency's assistance in water quality | ||||||
| 3 | sampling. The Agency may seek cost recovery under subsection | ||||||
| 4 | (e) of Section 1-87 of this Act and recover all costs for | ||||||
| 5 | samples taken for the investigation under this Section. | ||||||
| 6 | (c) Any person conducting or who has conducted high volume | ||||||
| 7 | horizontal hydraulic fracturing operations shall supply any | ||||||
| 8 | information requested by the Department to assist the | ||||||
| 9 | Department. The Department shall give due consideration to any | ||||||
| 10 | information submitted during the course of the investigation. | ||||||
| 11 | (d) If sampling results or other information obtained as | ||||||
| 12 | part of the investigation or the results of tests conducted | ||||||
| 13 | under subsection (c) of Section 1-80 of this Act indicate that | ||||||
| 14 | concentrations exceed the standards or criteria referenced by | ||||||
| 15 | pollution or diminution under Section 1-5 of this Act, the | ||||||
| 16 | Department shall issue an order to the permittee as necessary | ||||||
| 17 | to require permanent or temporary replacement of a water | ||||||
| 18 | source. In addition to any other penalty available under the | ||||||
| 19 | law and consistent with the Department's order, the permittee | ||||||
| 20 | shall restore or replace the affected supply with an | ||||||
| 21 | alternative source of water adequate in quantity and quality | ||||||
| 22 | for the purposes served by the water source. The quality of a | ||||||
| 23 | restored or replaced water source shall meet or exceed the | ||||||
| 24 | quality of the original water source based upon the results of | ||||||
| 25 | the baseline test results under subsection (b) of Section 1-80 | ||||||
| 26 | for that water source, or other available information. The | ||||||
| |||||||
| |||||||
| 1 | Department may require the permittee to take immediate action, | ||||||
| 2 | including, but not limited to, repair, replacement, | ||||||
| 3 | alteration, or prohibition of operation of equipment permitted | ||||||
| 4 | by the Department. The Department may issue conditions within | ||||||
| 5 | any order to protect the public health or welfare or the | ||||||
| 6 | environment. | ||||||
| 7 | (e) Within 15 calendar days after a determination has been | ||||||
| 8 | made regarding the pollution or diminution, the Department | ||||||
| 9 | shall provide notice of its findings and the orders, if any, to | ||||||
| 10 | all persons that use the water source for domestic, | ||||||
| 11 | agricultural, industrial, or any other legitimate beneficial | ||||||
| 12 | uses. | ||||||
| 13 | (f) Upon issuance of an order Order or a finding of | ||||||
| 14 | pollution or diminution under subsection (d) of this Section, | ||||||
| 15 | the Department shall contact the Agency and forward all | ||||||
| 16 | information from the investigation to the Agency. The Agency | ||||||
| 17 | shall investigate the potential for violations as designated | ||||||
| 18 | within Section 1-87 of this Act. | ||||||
| 19 | (g) Reports of potential cases of water pollution that may | ||||||
| 20 | be associated with high volume horizontal hydraulic fracturing | ||||||
| 21 | operations may be submitted electronically. The Department | ||||||
| 22 | shall establish a format for these reports to be submitted | ||||||
| 23 | through the website developed under Section 1-110 of this Act. | ||||||
| 24 | The Department shall electronically provide these reports to | ||||||
| 25 | the Agency. | ||||||
| 26 | (h) The Department shall publish, on its website, lists of | ||||||
| |||||||
| |||||||
| 1 | confirmed cases of pollution or diminution that result from | ||||||
| 2 | high volume horizontal hydraulic fracturing operations. This | ||||||
| 3 | information shall be searchable by county. | ||||||
| 4 | (i) Nothing in this Section shall prevent the Department | ||||||
| 5 | from issuing a cessation order under Section 8a of the | ||||||
| 6 | Illinois Oil and Gas Act. | ||||||
| 7 | (Source: P.A. 98-22, eff. 6-17-13; revised 10-23-24.)
| ||||||
| 8 | (225 ILCS 732/1-87) | ||||||
| 9 | Sec. 1-87. Water quality investigation and enforcement. | ||||||
| 10 | (a) No person shall cause or allow high volume horizontal | ||||||
| 11 | hydraulic fracturing operations permitted under this Act to | ||||||
| 12 | violate Section 12 of the Illinois Environmental Protection | ||||||
| 13 | Act or surface water or groundwater regulations adopted under | ||||||
| 14 | the Illinois Environmental Protection Act. | ||||||
| 15 | (b) The Agency shall have the duty to investigate | ||||||
| 16 | complaints that activities under this Act have caused a | ||||||
| 17 | violation of Section 12 of the Illinois Environmental | ||||||
| 18 | Protection Act or surface or groundwater rules adopted under | ||||||
| 19 | the Illinois Environmental Protection Act. Any action taken by | ||||||
| 20 | the Agency in enforcing these violations shall be taken under | ||||||
| 21 | and consistent with the Illinois Environmental Protection Act, | ||||||
| 22 | including, but not limited to, the Agency's authority to seek | ||||||
| 23 | a civil or criminal cause of action under that Act. The test | ||||||
| 24 | results under subsections (b) and (c) of Section 1-80 of this | ||||||
| 25 | Act may be considered by the Agency during an investigation | ||||||
| |||||||
| |||||||
| 1 | under this Section. | ||||||
| 2 | (c) A person who has reason to believe the person has they | ||||||
| 3 | have incurred contamination of a water source as a result of | ||||||
| 4 | high volume horizontal hydraulic fracturing may notify the | ||||||
| 5 | Agency and request an investigation be conducted. The Agency | ||||||
| 6 | shall forward this request to the Department for consideration | ||||||
| 7 | of an investigation under Section 1-83 of this Act. If the | ||||||
| 8 | Agency is provided with notice under subsection (f) of Section | ||||||
| 9 | 1-83, the Agency shall conduct an investigation to determine | ||||||
| 10 | whether pollution or diminution is continuing to occur at the | ||||||
| 11 | location subject to the order, as well as locations identified | ||||||
| 12 | by the Department or at any other water source within 1,500 | ||||||
| 13 | feet of the well site. Any person conducting or who has | ||||||
| 14 | conducted high volume horizontal hydraulic fracturing | ||||||
| 15 | operations shall supply any information requested to assist | ||||||
| 16 | the Agency in its investigation. The Agency shall give due | ||||||
| 17 | consideration to any information submitted during the course | ||||||
| 18 | of the investigation. | ||||||
| 19 | (d) Pollution or diminution is a violation of this Act and | ||||||
| 20 | may be pursued by the Department subject to the procedures and | ||||||
| 21 | remedies under Sections 1-100 and 1-105 of this Act. | ||||||
| 22 | (e) If an Agency investigation under Section 1-83 or | ||||||
| 23 | subsection (c) of this Section confirms that the cause of the | ||||||
| 24 | pollution, diminution, or water pollution is attributable to | ||||||
| 25 | high volume horizontal hydraulic fracturing operations, in | ||||||
| 26 | addition to any other relief available under law, the | ||||||
| |||||||
| |||||||
| 1 | permittee shall be required to reimburse the costs and | ||||||
| 2 | reasonable expenses incurred by the Agency for all activities | ||||||
| 3 | related to the investigation and cleanup. These costs shall | ||||||
| 4 | include, but not be limited to, inspections, investigations, | ||||||
| 5 | analyses, personnel, direct and indirect costs, studies, | ||||||
| 6 | assessments, reports, and review and evaluation of that data, | ||||||
| 7 | as well as costs under the Agency's review of whether the | ||||||
| 8 | quality of a restored or replaced water supply meets or | ||||||
| 9 | exceeds the quality of the water supply before it was affected | ||||||
| 10 | by the permittee. Costs shall be reimbursed to the Agency by | ||||||
| 11 | the permittee within 30 calendar days after receipt of a | ||||||
| 12 | written request for reimbursement by the Agency. For all costs | ||||||
| 13 | that remain unpaid following 30 calendar days after receipt of | ||||||
| 14 | a written request for reimbursement, the Agency may institute | ||||||
| 15 | a civil action for cost recovery under subsection (e) of | ||||||
| 16 | Section 1-101 of this Act. Failure to reimburse the Agency | ||||||
| 17 | within 30 calendar days after receipt of the written request | ||||||
| 18 | for reimbursement is a violation of this Act. Reimbursement of | ||||||
| 19 | costs collected under this subsection shall be deposited by | ||||||
| 20 | the Agency into the Illinois Clean Water Fund. | ||||||
| 21 | (Source: P.A. 98-22, eff. 6-17-13; revised 10-23-24.)
| ||||||
| 22 | Section 890. The Sports Wagering Act is amended by | ||||||
| 23 | changing Section 25-15 as follows:
| ||||||
| 24 | (230 ILCS 45/25-15) | ||||||
| |||||||
| |||||||
| 1 | Sec. 25-15. Board duties and powers. | ||||||
| 2 | (a) Except for sports wagering conducted under Section | ||||||
| 3 | 25-70, the Board shall have the authority to regulate the | ||||||
| 4 | conduct of sports wagering under this Act. | ||||||
| 5 | (b) The Board may adopt any rules the Board considers | ||||||
| 6 | necessary for the successful implementation, administration, | ||||||
| 7 | and enforcement of this Act, except for Section 25-70. Rules | ||||||
| 8 | proposed by the Board may be adopted as emergency rules | ||||||
| 9 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
| 10 | Procedure Act. | ||||||
| 11 | (c) The Board shall levy and collect all fees, surcharges, | ||||||
| 12 | civil penalties, and monthly taxes on adjusted gross sports | ||||||
| 13 | wagering receipts imposed by this Act and deposit all moneys | ||||||
| 14 | into the Sports Wagering Fund, except as otherwise provided | ||||||
| 15 | under this Act. | ||||||
| 16 | (d) The Board may exercise any other powers necessary to | ||||||
| 17 | enforce the provisions of this Act that it regulates and the | ||||||
| 18 | rules of the Board. | ||||||
| 19 | (e) The Board shall adopt rules for a license to be | ||||||
| 20 | employed by a master sports wagering licensee when the | ||||||
| 21 | employee works in a designated gaming area that has sports | ||||||
| 22 | wagering or performs duties in furtherance of or associated | ||||||
| 23 | with the operation of sports wagering by the master sports | ||||||
| 24 | wagering licensee (occupational license), which shall require | ||||||
| 25 | an annual license fee of $250. However, occupational licenses | ||||||
| 26 | issued under the Illinois Gambling Act for employees of an | ||||||
| |||||||
| |||||||
| 1 | owners license or organization gaming licensee, once granted, | ||||||
| 2 | are considered equivalent licenses to work in sports wagering | ||||||
| 3 | positions located at the same gaming facility. License fees | ||||||
| 4 | shall be deposited into the State Gaming Fund and used for the | ||||||
| 5 | administration of this Act. | ||||||
| 6 | (f) The Board may require that licensees share, in real | ||||||
| 7 | time and at the sports wagering account level, information | ||||||
| 8 | regarding a wagerer, amount and type of wager, the time the | ||||||
| 9 | wager was placed, the location of the wager, including the | ||||||
| 10 | Internet protocol address, if applicable, the outcome of the | ||||||
| 11 | wager, and records of abnormal wagering activity. Information | ||||||
| 12 | shared under this subsection (f) must be submitted in the form | ||||||
| 13 | and manner as required by rule. If a sports governing body has | ||||||
| 14 | notified the Board that real-time information sharing for | ||||||
| 15 | wagers placed on its sports events is necessary and desirable, | ||||||
| 16 | licensees may share the same information in the form and | ||||||
| 17 | manner required by the Board by rule with the sports governing | ||||||
| 18 | body or its designee with respect to wagers on its sports | ||||||
| 19 | events subject to applicable federal, State, or local laws or | ||||||
| 20 | regulations, including, without limitation, privacy laws and | ||||||
| 21 | regulations. Such information may be provided in anonymized | ||||||
| 22 | form and may be used by a sports governing body solely for | ||||||
| 23 | integrity purposes. For purposes of this subsection (f), "real | ||||||
| 24 | time" "real-time" means a commercially reasonable periodic | ||||||
| 25 | interval. | ||||||
| 26 | (g) A master sports wagering licensee, professional sports | ||||||
| |||||||
| |||||||
| 1 | team, league, or association, sports governing body, or | ||||||
| 2 | institution of higher education may submit to the Board in | ||||||
| 3 | writing a request to prohibit a type or form of wagering if the | ||||||
| 4 | master sports wagering licensee, professional sports team, | ||||||
| 5 | league, or association, sports governing body, or institution | ||||||
| 6 | of higher education believes that such wagering by type or | ||||||
| 7 | form is contrary to public policy, unfair to consumers, or | ||||||
| 8 | affects the integrity of a particular sport or the sports | ||||||
| 9 | betting industry. The Board shall grant the request upon a | ||||||
| 10 | demonstration of good cause from the requester and | ||||||
| 11 | consultation with licensees. The Board shall respond to a | ||||||
| 12 | request pursuant to this subsection (g) concerning a | ||||||
| 13 | particular event before the start of the event or, if it is not | ||||||
| 14 | feasible to respond before the start of the event, as soon as | ||||||
| 15 | practicable. | ||||||
| 16 | (h) The Board and master sports wagering licensees may | ||||||
| 17 | cooperate with investigations conducted by sports governing | ||||||
| 18 | bodies or law enforcement agencies, including, but not limited | ||||||
| 19 | to, providing and facilitating the provision of account-level | ||||||
| 20 | betting information and audio or video files relating to | ||||||
| 21 | persons placing wagers. | ||||||
| 22 | (i) A master sports wagering licensee shall make | ||||||
| 23 | commercially reasonable efforts to promptly notify the Board | ||||||
| 24 | any information relating to: | ||||||
| 25 | (1) criminal or disciplinary proceedings commenced | ||||||
| 26 | against the master sports wagering licensee in connection | ||||||
| |||||||
| |||||||
| 1 | with its operations; | ||||||
| 2 | (2) abnormal wagering activity or patterns that may | ||||||
| 3 | indicate a concern with the integrity of a sports event or | ||||||
| 4 | sports events; | ||||||
| 5 | (3) any potential breach of the relevant sports | ||||||
| 6 | governing body's internal rules and codes of conduct | ||||||
| 7 | pertaining to sports wagering that a licensee has | ||||||
| 8 | knowledge of; | ||||||
| 9 | (4) any other conduct that corrupts a wagering outcome | ||||||
| 10 | of a sports event or sports events for purposes of | ||||||
| 11 | financial gain, including match fixing; and | ||||||
| 12 | (5) suspicious or illegal wagering activities, | ||||||
| 13 | including use of funds derived from illegal activity, | ||||||
| 14 | wagers to conceal or launder funds derived from illegal | ||||||
| 15 | activity, using agents to place wagers, and using false | ||||||
| 16 | identification. | ||||||
| 17 | A master sports wagering licensee shall also make | ||||||
| 18 | commercially reasonable efforts to promptly report information | ||||||
| 19 | relating to conduct described in paragraphs (2), (3), and (4) | ||||||
| 20 | of this subsection (i) to the relevant sports governing body. | ||||||
| 21 | (Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21; | ||||||
| 22 | revised 8-13-24.)
| ||||||
| 23 | Section 895. The Liquor Control Act of 1934 is amended by | ||||||
| 24 | changing Section 6-15 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (235 ILCS 5/6-15) (from Ch. 43, par. 130) | ||||||
| 2 | Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||||||
| 3 | in any building belonging to or under the control of the State | ||||||
| 4 | or any political subdivision thereof except as provided in | ||||||
| 5 | this Act. The corporate authorities of any city, village, | ||||||
| 6 | incorporated town, township, or county may provide by | ||||||
| 7 | ordinance, however, that alcoholic liquor may be sold or | ||||||
| 8 | delivered in any specifically designated building belonging to | ||||||
| 9 | or under the control of the municipality, township, or county, | ||||||
| 10 | or in any building located on land under the control of the | ||||||
| 11 | municipality, township, or county; provided that such township | ||||||
| 12 | or county complies with all applicable local ordinances in any | ||||||
| 13 | incorporated area of the township or county. Alcoholic liquor | ||||||
| 14 | may be delivered to and sold under the authority of a special | ||||||
| 15 | use permit on any property owned by a conservation district | ||||||
| 16 | organized under the Conservation District Act, provided that | ||||||
| 17 | (i) the alcoholic liquor is sold only at an event authorized by | ||||||
| 18 | the governing board of the conservation district, (ii) the | ||||||
| 19 | issuance of the special use permit is authorized by the local | ||||||
| 20 | liquor control commissioner of the territory in which the | ||||||
| 21 | property is located, and (iii) the special use permit | ||||||
| 22 | authorizes the sale of alcoholic liquor for one day or less. | ||||||
| 23 | Alcoholic liquors may be delivered to and sold at any airport | ||||||
| 24 | belonging to or under the control of a municipality of more | ||||||
| 25 | than 25,000 inhabitants, or in any building or on any golf | ||||||
| 26 | course owned by a park district organized under the Park | ||||||
| |||||||
| |||||||
| 1 | District Code, subject to the approval of the governing board | ||||||
| 2 | of the district, or in any building or on any golf course owned | ||||||
| 3 | by a forest preserve district organized under the Downstate | ||||||
| 4 | Forest Preserve District Act, subject to the approval of the | ||||||
| 5 | governing board of the district, or on the grounds within 500 | ||||||
| 6 | feet of any building owned by a forest preserve district | ||||||
| 7 | organized under the Downstate Forest Preserve District Act | ||||||
| 8 | during times when food is dispensed for consumption within 500 | ||||||
| 9 | feet of the building from which the food is dispensed, subject | ||||||
| 10 | to the approval of the governing board of the district, or in a | ||||||
| 11 | building owned by a Local Mass Transit District organized | ||||||
| 12 | under the Local Mass Transit District Act, subject to the | ||||||
| 13 | approval of the governing Board of the District, or in | ||||||
| 14 | Bicentennial Park, or on the premises of the City of Mendota | ||||||
| 15 | Lake Park located adjacent to Route 51 in Mendota, Illinois, | ||||||
| 16 | or on the premises of Camden Park in Milan, Illinois, or in the | ||||||
| 17 | community center owned by the City of Loves Park that is | ||||||
| 18 | located at 1000 River Park Drive in Loves Park, Illinois, or, | ||||||
| 19 | in connection with the operation of an established food | ||||||
| 20 | serving facility during times when food is dispensed for | ||||||
| 21 | consumption on the premises, and at the following aquarium and | ||||||
| 22 | museums located in public parks: Art Institute of Chicago, | ||||||
| 23 | Chicago Academy of Sciences, Chicago Historical Society, Field | ||||||
| 24 | Museum of Natural History, Museum of Science and Industry, | ||||||
| 25 | DuSable Museum of African American History, John G. Shedd | ||||||
| 26 | Aquarium and Adler Planetarium, or at Lakeview Museum of Arts | ||||||
| |||||||
| |||||||
| 1 | and Sciences in Peoria, or in connection with the operation of | ||||||
| 2 | the facilities of the Chicago Zoological Society or the | ||||||
| 3 | Chicago Horticultural Society on land owned by the Forest | ||||||
| 4 | Preserve District of Cook County, or on any land used for a | ||||||
| 5 | golf course or for recreational purposes owned by the Forest | ||||||
| 6 | Preserve District of Cook County, subject to the control of | ||||||
| 7 | the Forest Preserve District Board of Commissioners and | ||||||
| 8 | applicable local law, provided that dram shop liability | ||||||
| 9 | insurance is provided at maximum coverage limits so as to hold | ||||||
| 10 | the District harmless from all financial loss, damage, and | ||||||
| 11 | harm, or in any building located on land owned by the Chicago | ||||||
| 12 | Park District if approved by the Park District Commissioners, | ||||||
| 13 | or on any land used for a golf course or for recreational | ||||||
| 14 | purposes and owned by the Illinois International Port District | ||||||
| 15 | if approved by the District's governing board, or at any | ||||||
| 16 | airport, golf course, faculty center, or facility in which | ||||||
| 17 | conference and convention type activities take place belonging | ||||||
| 18 | to or under control of any State university or public | ||||||
| 19 | community college district, provided that with respect to a | ||||||
| 20 | facility for conference and convention type activities | ||||||
| 21 | alcoholic liquors shall be limited to the use of the | ||||||
| 22 | convention or conference participants or participants in | ||||||
| 23 | cultural, political or educational activities held in such | ||||||
| 24 | facilities, and provided further that the faculty or staff of | ||||||
| 25 | the State university or a public community college district, | ||||||
| 26 | or members of an organization of students, alumni, faculty or | ||||||
| |||||||
| |||||||
| 1 | staff of the State university or a public community college | ||||||
| 2 | district are active participants in the conference or | ||||||
| 3 | convention, or in Memorial Stadium on the campus of the | ||||||
| 4 | University of Illinois at Urbana-Champaign during games in | ||||||
| 5 | which the Chicago Bears professional football team is playing | ||||||
| 6 | in that stadium during the renovation of Soldier Field, not | ||||||
| 7 | more than one and a half hours before the start of the game and | ||||||
| 8 | not after the end of the third quarter of the game, or in the | ||||||
| 9 | Pavilion Facility on the campus of the University of Illinois | ||||||
| 10 | at Chicago during games in which the Chicago Storm | ||||||
| 11 | professional soccer team is playing in that facility, not more | ||||||
| 12 | than one and a half hours before the start of the game and not | ||||||
| 13 | after the end of the third quarter of the game, or in the | ||||||
| 14 | Pavilion Facility on the campus of the University of Illinois | ||||||
| 15 | at Chicago during games in which the WNBA professional women's | ||||||
| 16 | basketball team is playing in that facility, not more than one | ||||||
| 17 | and a half hours before the start of the game and not after the | ||||||
| 18 | 10-minute mark of the second half of the game, or by a catering | ||||||
| 19 | establishment which has rented facilities from a board of | ||||||
| 20 | trustees of a public community college district, or in a | ||||||
| 21 | restaurant that is operated by a commercial tenant in the | ||||||
| 22 | North Campus Parking Deck building that (1) is located at 1201 | ||||||
| 23 | West University Avenue, Urbana, Illinois and (2) is owned by | ||||||
| 24 | the Board of Trustees of the University of Illinois, or, if | ||||||
| 25 | approved by the District board, on land owned by the | ||||||
| 26 | Metropolitan Sanitary District of Greater Chicago and leased | ||||||
| |||||||
| |||||||
| 1 | to others for a term of at least 20 years. Nothing in this | ||||||
| 2 | Section precludes the sale or delivery of alcoholic liquor in | ||||||
| 3 | the form of original packaged goods in premises located at 500 | ||||||
| 4 | S. Racine in Chicago belonging to the University of Illinois | ||||||
| 5 | and used primarily as a grocery store by a commercial tenant | ||||||
| 6 | during the term of a lease that predates the University's | ||||||
| 7 | acquisition of the premises; but the University shall have no | ||||||
| 8 | power or authority to renew, transfer, or extend the lease | ||||||
| 9 | with terms allowing the sale of alcoholic liquor; and the sale | ||||||
| 10 | of alcoholic liquor shall be subject to all local laws and | ||||||
| 11 | regulations. After the acquisition by Winnebago County of the | ||||||
| 12 | property located at 404 Elm Street in Rockford, a commercial | ||||||
| 13 | tenant who sold alcoholic liquor at retail on a portion of the | ||||||
| 14 | property under a valid license at the time of the acquisition | ||||||
| 15 | may continue to do so for so long as the tenant and the County | ||||||
| 16 | may agree under existing or future leases, subject to all | ||||||
| 17 | local laws and regulations regarding the sale of alcoholic | ||||||
| 18 | liquor. Alcoholic liquors may be delivered to and sold at | ||||||
| 19 | Memorial Hall, located at 211 North Main Street, Rockford, | ||||||
| 20 | under conditions approved by Winnebago County and subject to | ||||||
| 21 | all local laws and regulations regarding the sale of alcoholic | ||||||
| 22 | liquor. Each facility shall provide dram shop liability in | ||||||
| 23 | maximum insurance coverage limits so as to save harmless the | ||||||
| 24 | State, municipality, State university, airport, golf course, | ||||||
| 25 | faculty center, facility in which conference and convention | ||||||
| 26 | type activities take place, park district, Forest Preserve | ||||||
| |||||||
| |||||||
| 1 | District, public community college district, aquarium, museum, | ||||||
| 2 | or sanitary district from all financial loss, damage or harm. | ||||||
| 3 | Alcoholic liquors may be sold at retail in buildings of golf | ||||||
| 4 | courses owned by municipalities or Illinois State University | ||||||
| 5 | in connection with the operation of an established food | ||||||
| 6 | serving facility during times when food is dispensed for | ||||||
| 7 | consumption upon the premises. Alcoholic liquors may be | ||||||
| 8 | delivered to and sold at retail in any building owned by a fire | ||||||
| 9 | protection district organized under the Fire Protection | ||||||
| 10 | District Act, provided that such delivery and sale is approved | ||||||
| 11 | by the board of trustees of the district, and provided further | ||||||
| 12 | that such delivery and sale is limited to fundraising events | ||||||
| 13 | and to a maximum of 6 events per year. However, the limitation | ||||||
| 14 | to fundraising events and to a maximum of 6 events per year | ||||||
| 15 | does not apply to the delivery, sale, or manufacture of | ||||||
| 16 | alcoholic liquors at the building located at 59 Main Street in | ||||||
| 17 | Oswego, Illinois, owned by the Oswego Fire Protection District | ||||||
| 18 | if the alcoholic liquor is sold or dispensed as approved by the | ||||||
| 19 | Oswego Fire Protection District and the property is no longer | ||||||
| 20 | being utilized for fire protection purposes. | ||||||
| 21 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 22 | the control of the Board of Trustees of the University of | ||||||
| 23 | Illinois for events that the Board may determine are public | ||||||
| 24 | events and not related student activities. The Board of | ||||||
| 25 | Trustees shall issue a written policy within 6 months of | ||||||
| 26 | August 15, 2008 (the effective date of Public Act 95-847) | ||||||
| |||||||
| |||||||
| 1 | concerning the types of events that would be eligible for an | ||||||
| 2 | exemption. Thereafter, the Board of Trustees may issue | ||||||
| 3 | revised, updated, new, or amended policies as it deems | ||||||
| 4 | necessary and appropriate. In preparing its written policy, | ||||||
| 5 | the Board of Trustees shall, among other factors it considers | ||||||
| 6 | relevant and important, give consideration to the following: | ||||||
| 7 | (i) whether the event is a student activity or student-related | ||||||
| 8 | student related activity; (ii) whether the physical setting of | ||||||
| 9 | the event is conducive to control of liquor sales and | ||||||
| 10 | distribution; (iii) the ability of the event operator to | ||||||
| 11 | ensure that the sale or serving of alcoholic liquors and the | ||||||
| 12 | demeanor of the participants are in accordance with State law | ||||||
| 13 | and University policies; (iv) regarding the anticipated | ||||||
| 14 | attendees at the event, the relative proportion of individuals | ||||||
| 15 | under the age of 21 to individuals age 21 or older; (v) the | ||||||
| 16 | ability of the venue operator to prevent the sale or | ||||||
| 17 | distribution of alcoholic liquors to individuals under the age | ||||||
| 18 | of 21; (vi) whether the event prohibits participants from | ||||||
| 19 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
| 20 | the event prohibits participants from providing their own | ||||||
| 21 | alcoholic liquors to the venue. In addition, any policy | ||||||
| 22 | submitted by the Board of Trustees to the Illinois Liquor | ||||||
| 23 | Control Commission must require that any event at which | ||||||
| 24 | alcoholic liquors are served or sold in buildings under the | ||||||
| 25 | control of the Board of Trustees shall require the prior | ||||||
| 26 | written approval of the Office of the Chancellor for the | ||||||
| |||||||
| |||||||
| 1 | University campus where the event is located. The Board of | ||||||
| 2 | Trustees shall submit its policy, and any subsequently | ||||||
| 3 | revised, updated, new, or amended policies, to the Illinois | ||||||
| 4 | Liquor Control Commission, and any University event, or | ||||||
| 5 | location for an event, exempted under such policies shall | ||||||
| 6 | apply for a license under the applicable Sections of this Act. | ||||||
| 7 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 8 | the control of the Board of Trustees of Northern Illinois | ||||||
| 9 | University for events that the Board may determine are public | ||||||
| 10 | events and not student-related activities. The Board of | ||||||
| 11 | Trustees shall issue a written policy within 6 months after | ||||||
| 12 | June 28, 2011 (the effective date of Public Act 97-45) | ||||||
| 13 | concerning the types of events that would be eligible for an | ||||||
| 14 | exemption. Thereafter, the Board of Trustees may issue | ||||||
| 15 | revised, updated, new, or amended policies as it deems | ||||||
| 16 | necessary and appropriate. In preparing its written policy, | ||||||
| 17 | the Board of Trustees shall, in addition to other factors it | ||||||
| 18 | considers relevant and important, give consideration to the | ||||||
| 19 | following: (i) whether the event is a student activity or | ||||||
| 20 | student-related activity; (ii) whether the physical setting of | ||||||
| 21 | the event is conducive to control of liquor sales and | ||||||
| 22 | distribution; (iii) the ability of the event operator to | ||||||
| 23 | ensure that the sale or serving of alcoholic liquors and the | ||||||
| 24 | demeanor of the participants are in accordance with State law | ||||||
| 25 | and University policies; (iv) the anticipated attendees at the | ||||||
| 26 | event and the relative proportion of individuals under the age | ||||||
| |||||||
| |||||||
| 1 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
| 2 | venue operator to prevent the sale or distribution of | ||||||
| 3 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
| 4 | whether the event prohibits participants from removing | ||||||
| 5 | alcoholic beverages from the venue; and (vii) whether the | ||||||
| 6 | event prohibits participants from providing their own | ||||||
| 7 | alcoholic liquors to the venue. | ||||||
| 8 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 9 | the control of the Board of Trustees of Chicago State | ||||||
| 10 | University for events that the Board may determine are public | ||||||
| 11 | events and not student-related activities. The Board of | ||||||
| 12 | Trustees shall issue a written policy within 6 months after | ||||||
| 13 | August 2, 2013 (the effective date of Public Act 98-132) | ||||||
| 14 | concerning the types of events that would be eligible for an | ||||||
| 15 | exemption. Thereafter, the Board of Trustees may issue | ||||||
| 16 | revised, updated, new, or amended policies as it deems | ||||||
| 17 | necessary and appropriate. In preparing its written policy, | ||||||
| 18 | the Board of Trustees shall, in addition to other factors it | ||||||
| 19 | considers relevant and important, give consideration to the | ||||||
| 20 | following: (i) whether the event is a student activity or | ||||||
| 21 | student-related activity; (ii) whether the physical setting of | ||||||
| 22 | the event is conducive to control of liquor sales and | ||||||
| 23 | distribution; (iii) the ability of the event operator to | ||||||
| 24 | ensure that the sale or serving of alcoholic liquors and the | ||||||
| 25 | demeanor of the participants are in accordance with State law | ||||||
| 26 | and University policies; (iv) the anticipated attendees at the | ||||||
| |||||||
| |||||||
| 1 | event and the relative proportion of individuals under the age | ||||||
| 2 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
| 3 | venue operator to prevent the sale or distribution of | ||||||
| 4 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
| 5 | whether the event prohibits participants from removing | ||||||
| 6 | alcoholic beverages from the venue; and (vii) whether the | ||||||
| 7 | event prohibits participants from providing their own | ||||||
| 8 | alcoholic liquors to the venue. | ||||||
| 9 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 10 | the control of the Board of Trustees of Illinois State | ||||||
| 11 | University for events that the Board may determine are public | ||||||
| 12 | events and not student-related activities. The Board of | ||||||
| 13 | Trustees shall issue a written policy within 6 months after | ||||||
| 14 | March 1, 2013 (the effective date of Public Act 97-1166) | ||||||
| 15 | concerning the types of events that would be eligible for an | ||||||
| 16 | exemption. Thereafter, the Board of Trustees may issue | ||||||
| 17 | revised, updated, new, or amended policies as it deems | ||||||
| 18 | necessary and appropriate. In preparing its written policy, | ||||||
| 19 | the Board of Trustees shall, in addition to other factors it | ||||||
| 20 | considers relevant and important, give consideration to the | ||||||
| 21 | following: (i) whether the event is a student activity or | ||||||
| 22 | student-related activity; (ii) whether the physical setting of | ||||||
| 23 | the event is conducive to control of liquor sales and | ||||||
| 24 | distribution; (iii) the ability of the event operator to | ||||||
| 25 | ensure that the sale or serving of alcoholic liquors and the | ||||||
| 26 | demeanor of the participants are in accordance with State law | ||||||
| |||||||
| |||||||
| 1 | and University policies; (iv) the anticipated attendees at the | ||||||
| 2 | event and the relative proportion of individuals under the age | ||||||
| 3 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
| 4 | venue operator to prevent the sale or distribution of | ||||||
| 5 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
| 6 | whether the event prohibits participants from removing | ||||||
| 7 | alcoholic beverages from the venue; and (vii) whether the | ||||||
| 8 | event prohibits participants from providing their own | ||||||
| 9 | alcoholic liquors to the venue. | ||||||
| 10 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 11 | the control of the Board of Trustees of Southern Illinois | ||||||
| 12 | University for events that the Board may determine are public | ||||||
| 13 | events and not student-related activities. The Board of | ||||||
| 14 | Trustees shall issue a written policy within 6 months after | ||||||
| 15 | August 12, 2016 (the effective date of Public Act 99-795) | ||||||
| 16 | concerning the types of events that would be eligible for an | ||||||
| 17 | exemption. Thereafter, the Board of Trustees may issue | ||||||
| 18 | revised, updated, new, or amended policies as it deems | ||||||
| 19 | necessary and appropriate. In preparing its written policy, | ||||||
| 20 | the Board of Trustees shall, in addition to other factors it | ||||||
| 21 | considers relevant and important, give consideration to the | ||||||
| 22 | following: (i) whether the event is a student activity or | ||||||
| 23 | student-related activity; (ii) whether the physical setting of | ||||||
| 24 | the event is conducive to control of liquor sales and | ||||||
| 25 | distribution; (iii) the ability of the event operator to | ||||||
| 26 | ensure that the sale or serving of alcoholic liquors and the | ||||||
| |||||||
| |||||||
| 1 | demeanor of the participants are in accordance with State law | ||||||
| 2 | and University policies; (iv) the anticipated attendees at the | ||||||
| 3 | event and the relative proportion of individuals under the age | ||||||
| 4 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
| 5 | venue operator to prevent the sale or distribution of | ||||||
| 6 | alcoholic liquors to individuals under the age of 21; (vi) | ||||||
| 7 | whether the event prohibits participants from removing | ||||||
| 8 | alcoholic beverages from the venue; and (vii) whether the | ||||||
| 9 | event prohibits participants from providing their own | ||||||
| 10 | alcoholic liquors to the venue. | ||||||
| 11 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 12 | the control of the Board of Trustees of a public university for | ||||||
| 13 | events that the Board of Trustees of that public university | ||||||
| 14 | may determine are public events and not student-related | ||||||
| 15 | activities. If the Board of Trustees of a public university | ||||||
| 16 | has not issued a written policy pursuant to an exemption under | ||||||
| 17 | this Section on or before July 15, 2016 (the effective date of | ||||||
| 18 | Public Act 99-550), then that Board of Trustees shall issue a | ||||||
| 19 | written policy within 6 months after July 15, 2016 (the | ||||||
| 20 | effective date of Public Act 99-550) concerning the types of | ||||||
| 21 | events that would be eligible for an exemption. Thereafter, | ||||||
| 22 | the Board of Trustees may issue revised, updated, new, or | ||||||
| 23 | amended policies as it deems necessary and appropriate. In | ||||||
| 24 | preparing its written policy, the Board of Trustees shall, in | ||||||
| 25 | addition to other factors it considers relevant and important, | ||||||
| 26 | give consideration to the following: (i) whether the event is | ||||||
| |||||||
| |||||||
| 1 | a student activity or student-related activity; (ii) whether | ||||||
| 2 | the physical setting of the event is conducive to control of | ||||||
| 3 | liquor sales and distribution; (iii) the ability of the event | ||||||
| 4 | operator to ensure that the sale or serving of alcoholic | ||||||
| 5 | liquors and the demeanor of the participants are in accordance | ||||||
| 6 | with State law and University policies; (iv) the anticipated | ||||||
| 7 | attendees at the event and the relative proportion of | ||||||
| 8 | individuals under the age of 21 to individuals age 21 or older; | ||||||
| 9 | (v) the ability of the venue operator to prevent the sale or | ||||||
| 10 | distribution of alcoholic liquors to individuals under the age | ||||||
| 11 | of 21; (vi) whether the event prohibits participants from | ||||||
| 12 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
| 13 | the event prohibits participants from providing their own | ||||||
| 14 | alcoholic liquors to the venue. As used in this paragraph, | ||||||
| 15 | "public university" means the University of Illinois, Illinois | ||||||
| 16 | State University, Chicago State University, Governors State | ||||||
| 17 | University, Southern Illinois University, Northern Illinois | ||||||
| 18 | University, Eastern Illinois University, Western Illinois | ||||||
| 19 | University, and Northeastern Illinois University. | ||||||
| 20 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 21 | the control of the Board of Trustees of a community college | ||||||
| 22 | district for events that the Board of Trustees of that | ||||||
| 23 | community college district may determine are public events and | ||||||
| 24 | not student-related activities. The Board of Trustees shall | ||||||
| 25 | issue a written policy within 6 months after July 15, 2016 (the | ||||||
| 26 | effective date of Public Act 99-550) concerning the types of | ||||||
| |||||||
| |||||||
| 1 | events that would be eligible for an exemption. Thereafter, | ||||||
| 2 | the Board of Trustees may issue revised, updated, new, or | ||||||
| 3 | amended policies as it deems necessary and appropriate. In | ||||||
| 4 | preparing its written policy, the Board of Trustees shall, in | ||||||
| 5 | addition to other factors it considers relevant and important, | ||||||
| 6 | give consideration to the following: (i) whether the event is | ||||||
| 7 | a student activity or student-related activity; (ii) whether | ||||||
| 8 | the physical setting of the event is conducive to control of | ||||||
| 9 | liquor sales and distribution; (iii) the ability of the event | ||||||
| 10 | operator to ensure that the sale or serving of alcoholic | ||||||
| 11 | liquors and the demeanor of the participants are in accordance | ||||||
| 12 | with State law and community college district policies; (iv) | ||||||
| 13 | the anticipated attendees at the event and the relative | ||||||
| 14 | proportion of individuals under the age of 21 to individuals | ||||||
| 15 | age 21 or older; (v) the ability of the venue operator to | ||||||
| 16 | prevent the sale or distribution of alcoholic liquors to | ||||||
| 17 | individuals under the age of 21; (vi) whether the event | ||||||
| 18 | prohibits participants from removing alcoholic beverages from | ||||||
| 19 | the venue; and (vii) whether the event prohibits participants | ||||||
| 20 | from providing their own alcoholic liquors to the venue. This | ||||||
| 21 | paragraph does not apply to any community college district | ||||||
| 22 | authorized to sell or serve alcoholic liquor under any other | ||||||
| 23 | provision of this Section. | ||||||
| 24 | Alcoholic liquor may be delivered to and sold at retail in | ||||||
| 25 | the Dorchester Senior Business Center owned by the Village of | ||||||
| 26 | Dolton if the alcoholic liquor is sold or dispensed only in | ||||||
| |||||||
| |||||||
| 1 | connection with organized functions for which the planned | ||||||
| 2 | attendance is 20 or more persons, and if the person or facility | ||||||
| 3 | selling or dispensing the alcoholic liquor has provided dram | ||||||
| 4 | shop liability insurance in maximum limits so as to hold | ||||||
| 5 | harmless the Village of Dolton and the State from all | ||||||
| 6 | financial loss, damage and harm. | ||||||
| 7 | Alcoholic liquors may be delivered to and sold at retail | ||||||
| 8 | in any building used as an Illinois State Armory provided: | ||||||
| 9 | (i) the Adjutant General's written consent to the | ||||||
| 10 | issuance of a license to sell alcoholic liquor in such | ||||||
| 11 | building is filed with the Commission; | ||||||
| 12 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
| 13 | connection with organized functions held on special | ||||||
| 14 | occasions; | ||||||
| 15 | (iii) the organized function is one for which the | ||||||
| 16 | planned attendance is 25 or more persons; and | ||||||
| 17 | (iv) the facility selling or dispensing the alcoholic | ||||||
| 18 | liquors has provided dram shop liability insurance in | ||||||
| 19 | maximum limits so as to save harmless the facility and the | ||||||
| 20 | State from all financial loss, damage or harm. | ||||||
| 21 | Alcoholic liquors may be delivered to and sold at retail | ||||||
| 22 | in the Chicago Civic Center, provided that: | ||||||
| 23 | (i) the written consent of the Public Building | ||||||
| 24 | Commission which administers the Chicago Civic Center is | ||||||
| 25 | filed with the Commission; | ||||||
| 26 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
| |||||||
| |||||||
| 1 | connection with organized functions held on special | ||||||
| 2 | occasions; | ||||||
| 3 | (iii) the organized function is one for which the | ||||||
| 4 | planned attendance is 25 or more persons; | ||||||
| 5 | (iv) the facility selling or dispensing the alcoholic | ||||||
| 6 | liquors has provided dram shop liability insurance in | ||||||
| 7 | maximum limits so as to hold harmless the Civic Center, | ||||||
| 8 | the City of Chicago and the State from all financial loss, | ||||||
| 9 | damage or harm; and | ||||||
| 10 | (v) all applicable local ordinances are complied with. | ||||||
| 11 | Alcoholic liquors may be delivered or sold in any building | ||||||
| 12 | belonging to or under the control of any city, village or | ||||||
| 13 | incorporated town where more than 75% of the physical | ||||||
| 14 | properties of the building is used for commercial or | ||||||
| 15 | recreational purposes, and the building is located upon a pier | ||||||
| 16 | extending into or over the waters of a navigable lake or stream | ||||||
| 17 | or on the shore of a navigable lake or stream. In accordance | ||||||
| 18 | with a license issued under this Act, alcoholic liquor may be | ||||||
| 19 | sold, served, or delivered in buildings and facilities under | ||||||
| 20 | the control of the Department of Natural Resources during | ||||||
| 21 | events or activities lasting no more than 7 continuous days | ||||||
| 22 | upon the written approval of the Director of Natural Resources | ||||||
| 23 | acting as the controlling government authority. The Director | ||||||
| 24 | of Natural Resources may specify conditions on that approval, | ||||||
| 25 | including, but not limited to, requirements for insurance and | ||||||
| 26 | hours of operation. Notwithstanding any other provision of | ||||||
| |||||||
| |||||||
| 1 | this Act, alcoholic liquor sold by a United States Army Corps | ||||||
| 2 | of Engineers or Department of Natural Resources concessionaire | ||||||
| 3 | who was operating on June 1, 1991 for on-premises consumption | ||||||
| 4 | only is not subject to the provisions of Articles IV and IX. | ||||||
| 5 | Beer and wine may be sold on the premises of the Joliet Park | ||||||
| 6 | District Stadium owned by the Joliet Park District when | ||||||
| 7 | written consent to the issuance of a license to sell beer and | ||||||
| 8 | wine in such premises is filed with the local liquor | ||||||
| 9 | commissioner by the Joliet Park District. Beer and wine may be | ||||||
| 10 | sold in buildings on the grounds of State veterans' homes when | ||||||
| 11 | written consent to the issuance of a license to sell beer and | ||||||
| 12 | wine in such buildings is filed with the Commission by the | ||||||
| 13 | Department of Veterans' Affairs, and the facility shall | ||||||
| 14 | provide dram shop liability in maximum insurance coverage | ||||||
| 15 | limits so as to save the facility harmless from all financial | ||||||
| 16 | loss, damage or harm. Such liquors may be delivered to and sold | ||||||
| 17 | at any property owned or held under lease by a Metropolitan | ||||||
| 18 | Pier and Exposition Authority or Metropolitan Exposition and | ||||||
| 19 | Auditorium Authority. | ||||||
| 20 | Beer and wine may be sold and dispensed at professional | ||||||
| 21 | sporting events and at professional concerts and other | ||||||
| 22 | entertainment events conducted on premises owned by the Forest | ||||||
| 23 | Preserve District of Kane County, subject to the control of | ||||||
| 24 | the District Commissioners and applicable local law, provided | ||||||
| 25 | that dram shop liability insurance is provided at maximum | ||||||
| 26 | coverage limits so as to hold the District harmless from all | ||||||
| |||||||
| |||||||
| 1 | financial loss, damage and harm. | ||||||
| 2 | Nothing in this Section shall preclude the sale or | ||||||
| 3 | delivery of beer and wine at a State or county fair or the sale | ||||||
| 4 | or delivery of beer or wine at a city fair in any otherwise | ||||||
| 5 | lawful manner. | ||||||
| 6 | Alcoholic liquors may be sold at retail in buildings in | ||||||
| 7 | State parks under the control of the Department of Natural | ||||||
| 8 | Resources, provided: | ||||||
| 9 | a. the State park has overnight lodging facilities | ||||||
| 10 | with some restaurant facilities or, not having overnight | ||||||
| 11 | lodging facilities, has restaurant facilities which serve | ||||||
| 12 | complete luncheon and dinner or supper meals, | ||||||
| 13 | b. (blank), and | ||||||
| 14 | c. the alcoholic liquors are sold by the State park | ||||||
| 15 | lodge or restaurant concessionaire only during the hours | ||||||
| 16 | from 11 o'clock a.m. until 12 o'clock midnight. | ||||||
| 17 | Notwithstanding any other provision of this Act, alcoholic | ||||||
| 18 | liquor sold by the State park or restaurant concessionaire | ||||||
| 19 | is not subject to the provisions of Articles IV and IX. | ||||||
| 20 | Alcoholic liquors may be sold at retail in buildings on | ||||||
| 21 | properties under the control of the Division of Historic | ||||||
| 22 | Preservation of the Department of Natural Resources or the | ||||||
| 23 | Abraham Lincoln Presidential Library and Museum provided: | ||||||
| 24 | a. the property has overnight lodging facilities with | ||||||
| 25 | some restaurant facilities or, not having overnight | ||||||
| 26 | lodging facilities, has restaurant facilities which serve | ||||||
| |||||||
| |||||||
| 1 | complete luncheon and dinner or supper meals, | ||||||
| 2 | b. consent to the issuance of a license to sell | ||||||
| 3 | alcoholic liquors in the buildings has been filed with the | ||||||
| 4 | commission by the Division of Historic Preservation of the | ||||||
| 5 | Department of Natural Resources or the Abraham Lincoln | ||||||
| 6 | Presidential Library and Museum, and | ||||||
| 7 | c. the alcoholic liquors are sold by the lodge or | ||||||
| 8 | restaurant concessionaire only during the hours from 11 | ||||||
| 9 | o'clock a.m. until 12 o'clock midnight. | ||||||
| 10 | The sale of alcoholic liquors pursuant to this Section | ||||||
| 11 | does not authorize the establishment and operation of | ||||||
| 12 | facilities commonly called taverns, saloons, bars, cocktail | ||||||
| 13 | lounges, and the like except as a part of lodge and restaurant | ||||||
| 14 | facilities in State parks or golf courses owned by Forest | ||||||
| 15 | Preserve Districts with a population of less than 3,000,000 or | ||||||
| 16 | municipalities or park districts. | ||||||
| 17 | Alcoholic liquors may be sold at retail in the Springfield | ||||||
| 18 | Administration Building of the Department of Transportation | ||||||
| 19 | and the Illinois State Armory in Springfield; provided, that | ||||||
| 20 | the controlling government authority may consent to such sales | ||||||
| 21 | only if | ||||||
| 22 | a. the request is from a not-for-profit organization; | ||||||
| 23 | b. such sales would not impede normal operations of | ||||||
| 24 | the departments involved; | ||||||
| 25 | c. the not-for-profit organization provides dram shop | ||||||
| 26 | liability in maximum insurance coverage limits and agrees | ||||||
| |||||||
| |||||||
| 1 | to defend, save harmless and indemnify the State of | ||||||
| 2 | Illinois from all financial loss, damage or harm; | ||||||
| 3 | d. no such sale shall be made during normal working | ||||||
| 4 | hours of the State of Illinois; and | ||||||
| 5 | e. the consent is in writing. | ||||||
| 6 | Alcoholic liquors may be sold at retail in buildings in | ||||||
| 7 | recreational areas of river conservancy districts under the | ||||||
| 8 | control of, or leased from, the river conservancy districts. | ||||||
| 9 | Such sales are subject to reasonable local regulations as | ||||||
| 10 | provided in Article IV; however, no such regulations may | ||||||
| 11 | prohibit or substantially impair the sale of alcoholic liquors | ||||||
| 12 | on Sundays or Holidays. | ||||||
| 13 | Alcoholic liquors may be provided in long term care | ||||||
| 14 | facilities owned or operated by a county under Division 5-21 | ||||||
| 15 | or 5-22 of the Counties Code, when approved by the facility | ||||||
| 16 | operator and not in conflict with the regulations of the | ||||||
| 17 | Illinois Department of Public Health, to residents of the | ||||||
| 18 | facility who have had their consumption of the alcoholic | ||||||
| 19 | liquors provided approved in writing by a physician licensed | ||||||
| 20 | to practice medicine in all its branches. | ||||||
| 21 | Alcoholic liquors may be delivered to and dispensed in | ||||||
| 22 | State housing assigned to employees of the Department of | ||||||
| 23 | Corrections. No person shall furnish or allow to be furnished | ||||||
| 24 | any alcoholic liquors to any prisoner confined in any jail, | ||||||
| 25 | reformatory, prison or house of correction except upon a | ||||||
| 26 | physician's prescription for medicinal purposes. | ||||||
| |||||||
| |||||||
| 1 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
| 2 | the Willard Ice Building in Springfield, at the State Library | ||||||
| 3 | in Springfield, and at Illinois State Museum facilities by (1) | ||||||
| 4 | an agency of the State, whether legislative, judicial or | ||||||
| 5 | executive, provided that such agency first obtains written | ||||||
| 6 | permission to sell or dispense alcoholic liquors from the | ||||||
| 7 | controlling government authority, or by (2) a not-for-profit | ||||||
| 8 | organization, provided that such organization: | ||||||
| 9 | a. Obtains written consent from the controlling | ||||||
| 10 | government authority; | ||||||
| 11 | b. Sells or dispenses the alcoholic liquors in a | ||||||
| 12 | manner that does not impair normal operations of State | ||||||
| 13 | offices located in the building; | ||||||
| 14 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 15 | connection with an official activity in the building; | ||||||
| 16 | d. Provides, or its catering service provides, dram | ||||||
| 17 | shop liability insurance in maximum coverage limits and in | ||||||
| 18 | which the carrier agrees to defend, save harmless and | ||||||
| 19 | indemnify the State of Illinois from all financial loss, | ||||||
| 20 | damage or harm arising out of the selling or dispensing of | ||||||
| 21 | alcoholic liquors. | ||||||
| 22 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 23 | organization or agency of the State from employing the | ||||||
| 24 | services of a catering establishment for the selling or | ||||||
| 25 | dispensing of alcoholic liquors at authorized functions. | ||||||
| 26 | The controlling government authority for the Willard Ice | ||||||
| |||||||
| |||||||
| 1 | Building in Springfield shall be the Director of the | ||||||
| 2 | Department of Revenue. The controlling government authority | ||||||
| 3 | for Illinois State Museum facilities shall be the Director of | ||||||
| 4 | the Illinois State Museum. The controlling government | ||||||
| 5 | authority for the State Library in Springfield shall be the | ||||||
| 6 | Secretary of State. | ||||||
| 7 | Alcoholic liquors may be delivered to and sold at retail | ||||||
| 8 | or dispensed at any facility, property or building under the | ||||||
| 9 | jurisdiction of the Division of Historic Preservation of the | ||||||
| 10 | Department of Natural Resources, the Abraham Lincoln | ||||||
| 11 | Presidential Library and Museum, or the State Treasurer where | ||||||
| 12 | the delivery, sale or dispensing is by (1) an agency of the | ||||||
| 13 | State, whether legislative, judicial or executive, provided | ||||||
| 14 | that such agency first obtains written permission to sell or | ||||||
| 15 | dispense alcoholic liquors from a controlling government | ||||||
| 16 | authority, or by (2) an individual or organization provided | ||||||
| 17 | that such individual or organization: | ||||||
| 18 | a. Obtains written consent from the controlling | ||||||
| 19 | government authority; | ||||||
| 20 | b. Sells or dispenses the alcoholic liquors in a | ||||||
| 21 | manner that does not impair normal workings of State | ||||||
| 22 | offices or operations located at the facility, property or | ||||||
| 23 | building; | ||||||
| 24 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 25 | connection with an official activity of the individual or | ||||||
| 26 | organization in the facility, property or building; | ||||||
| |||||||
| |||||||
| 1 | d. Provides, or its catering service provides, dram | ||||||
| 2 | shop liability insurance in maximum coverage limits and in | ||||||
| 3 | which the carrier agrees to defend, save harmless and | ||||||
| 4 | indemnify the State of Illinois from all financial loss, | ||||||
| 5 | damage or harm arising out of the selling or dispensing of | ||||||
| 6 | alcoholic liquors. | ||||||
| 7 | The controlling government authority for the Division of | ||||||
| 8 | Historic Preservation of the Department of Natural Resources | ||||||
| 9 | shall be the Director of Natural Resources, the controlling | ||||||
| 10 | government authority for the Abraham Lincoln Presidential | ||||||
| 11 | Library and Museum shall be the Executive Director of the | ||||||
| 12 | Abraham Lincoln Presidential Library and Museum, and the | ||||||
| 13 | controlling government authority for the facilities, property, | ||||||
| 14 | or buildings under the jurisdiction of the State Treasurer | ||||||
| 15 | shall be the State Treasurer or the State Treasurer's | ||||||
| 16 | designee. | ||||||
| 17 | Alcoholic liquors may be delivered to and sold at retail | ||||||
| 18 | or dispensed for consumption at the Michael Bilandic Building | ||||||
| 19 | at 160 North LaSalle Street, Chicago IL 60601, after the | ||||||
| 20 | normal business hours of any day care or child care facility | ||||||
| 21 | located in the building, by (1) a commercial tenant or | ||||||
| 22 | subtenant conducting business on the premises under a lease | ||||||
| 23 | made pursuant to Section 405-315 of the Department of Central | ||||||
| 24 | Management Services Law (20 ILCS 405/405-315), provided that | ||||||
| 25 | such tenant or subtenant who accepts delivery of, sells, or | ||||||
| 26 | dispenses alcoholic liquors shall procure and maintain dram | ||||||
| |||||||
| |||||||
| 1 | shop liability insurance in maximum coverage limits and in | ||||||
| 2 | which the carrier agrees to defend, indemnify, and save | ||||||
| 3 | harmless the State of Illinois from all financial loss, | ||||||
| 4 | damage, or harm arising out of the delivery, sale, or | ||||||
| 5 | dispensing of alcoholic liquors, or by (2) an agency of the | ||||||
| 6 | State, whether legislative, judicial, or executive, provided | ||||||
| 7 | that such agency first obtains written permission to accept | ||||||
| 8 | delivery of and sell or dispense alcoholic liquors from the | ||||||
| 9 | Director of Central Management Services, or by (3) a | ||||||
| 10 | not-for-profit organization, provided that such organization: | ||||||
| 11 | a. obtains written consent from the Department of | ||||||
| 12 | Central Management Services; | ||||||
| 13 | b. accepts delivery of and sells or dispenses the | ||||||
| 14 | alcoholic liquors in a manner that does not impair normal | ||||||
| 15 | operations of State offices located in the building; | ||||||
| 16 | c. accepts delivery of and sells or dispenses | ||||||
| 17 | alcoholic liquors only in connection with an official | ||||||
| 18 | activity in the building; and | ||||||
| 19 | d. provides, or its catering service provides, dram | ||||||
| 20 | shop liability insurance in maximum coverage limits and in | ||||||
| 21 | which the carrier agrees to defend, save harmless, and | ||||||
| 22 | indemnify the State of Illinois from all financial loss, | ||||||
| 23 | damage, or harm arising out of the selling or dispensing | ||||||
| 24 | of alcoholic liquors. | ||||||
| 25 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 26 | organization or agency of the State from employing the | ||||||
| |||||||
| |||||||
| 1 | services of a catering establishment for the selling or | ||||||
| 2 | dispensing of alcoholic liquors at functions authorized by the | ||||||
| 3 | Director of Central Management Services. | ||||||
| 4 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
| 5 | the James R. Thompson Center in Chicago, subject to the | ||||||
| 6 | provisions of Section 7.4 of the State Property Control Act, | ||||||
| 7 | and 222 South College Street in Springfield, Illinois by (1) a | ||||||
| 8 | commercial tenant or subtenant conducting business on the | ||||||
| 9 | premises under a lease or sublease made pursuant to Section | ||||||
| 10 | 405-315 of the Department of Central Management Services Law | ||||||
| 11 | (20 ILCS 405/405-315), provided that such tenant or subtenant | ||||||
| 12 | who sells or dispenses alcoholic liquors shall procure and | ||||||
| 13 | maintain dram shop liability insurance in maximum coverage | ||||||
| 14 | limits and in which the carrier agrees to defend, indemnify | ||||||
| 15 | and save harmless the State of Illinois from all financial | ||||||
| 16 | loss, damage or harm arising out of the sale or dispensing of | ||||||
| 17 | alcoholic liquors, or by (2) an agency of the State, whether | ||||||
| 18 | legislative, judicial or executive, provided that such agency | ||||||
| 19 | first obtains written permission to sell or dispense alcoholic | ||||||
| 20 | liquors from the Director of Central Management Services, or | ||||||
| 21 | by (3) a not-for-profit organization, provided that such | ||||||
| 22 | organization: | ||||||
| 23 | a. Obtains written consent from the Department of | ||||||
| 24 | Central Management Services; | ||||||
| 25 | b. Sells or dispenses the alcoholic liquors in a | ||||||
| 26 | manner that does not impair normal operations of State | ||||||
| |||||||
| |||||||
| 1 | offices located in the building; | ||||||
| 2 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 3 | connection with an official activity in the building; | ||||||
| 4 | d. Provides, or its catering service provides, dram | ||||||
| 5 | shop liability insurance in maximum coverage limits and in | ||||||
| 6 | which the carrier agrees to defend, save harmless and | ||||||
| 7 | indemnify the State of Illinois from all financial loss, | ||||||
| 8 | damage or harm arising out of the selling or dispensing of | ||||||
| 9 | alcoholic liquors. | ||||||
| 10 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 11 | organization or agency of the State from employing the | ||||||
| 12 | services of a catering establishment for the selling or | ||||||
| 13 | dispensing of alcoholic liquors at functions authorized by the | ||||||
| 14 | Director of Central Management Services. | ||||||
| 15 | Alcoholic liquors may be sold or delivered at any facility | ||||||
| 16 | owned by the Illinois Sports Facilities Authority provided | ||||||
| 17 | that dram shop liability insurance has been made available in | ||||||
| 18 | a form, with such coverage and in such amounts as the Authority | ||||||
| 19 | reasonably determines is necessary. | ||||||
| 20 | Alcoholic liquors may be sold at retail or dispensed at | ||||||
| 21 | the Rockford State Office Building by (1) an agency of the | ||||||
| 22 | State, whether legislative, judicial or executive, provided | ||||||
| 23 | that such agency first obtains written permission to sell or | ||||||
| 24 | dispense alcoholic liquors from the Department of Central | ||||||
| 25 | Management Services, or by (2) a not-for-profit organization, | ||||||
| 26 | provided that such organization: | ||||||
| |||||||
| |||||||
| 1 | a. Obtains written consent from the Department of | ||||||
| 2 | Central Management Services; | ||||||
| 3 | b. Sells or dispenses the alcoholic liquors in a | ||||||
| 4 | manner that does not impair normal operations of State | ||||||
| 5 | offices located in the building; | ||||||
| 6 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 7 | connection with an official activity in the building; | ||||||
| 8 | d. Provides, or its catering service provides, dram | ||||||
| 9 | shop liability insurance in maximum coverage limits and in | ||||||
| 10 | which the carrier agrees to defend, save harmless and | ||||||
| 11 | indemnify the State of Illinois from all financial loss, | ||||||
| 12 | damage or harm arising out of the selling or dispensing of | ||||||
| 13 | alcoholic liquors. | ||||||
| 14 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 15 | organization or agency of the State from employing the | ||||||
| 16 | services of a catering establishment for the selling or | ||||||
| 17 | dispensing of alcoholic liquors at functions authorized by the | ||||||
| 18 | Department of Central Management Services. | ||||||
| 19 | Alcoholic liquors may be sold or delivered in a building | ||||||
| 20 | that is owned by McLean County, situated on land owned by the | ||||||
| 21 | county in the City of Bloomington, and used by the McLean | ||||||
| 22 | County Historical Society if the sale or delivery is approved | ||||||
| 23 | by an ordinance adopted by the county board, and the | ||||||
| 24 | municipality in which the building is located may not prohibit | ||||||
| 25 | that sale or delivery, notwithstanding any other provision of | ||||||
| 26 | this Section. The regulation of the sale and delivery of | ||||||
| |||||||
| |||||||
| 1 | alcoholic liquor in a building that is owned by McLean County, | ||||||
| 2 | situated on land owned by the county, and used by the McLean | ||||||
| 3 | County Historical Society as provided in this paragraph is an | ||||||
| 4 | exclusive power and function of the State and is a denial and | ||||||
| 5 | limitation under Article VII, Section 6, subsection (h) of the | ||||||
| 6 | Illinois Constitution of the power of a home rule municipality | ||||||
| 7 | to regulate that sale and delivery. | ||||||
| 8 | Alcoholic liquors may be sold or delivered in any building | ||||||
| 9 | situated on land held in trust for any school district | ||||||
| 10 | organized under Article 34 of the School Code, if the building | ||||||
| 11 | is not used for school purposes and if the sale or delivery is | ||||||
| 12 | approved by the board of education. | ||||||
| 13 | Alcoholic liquors may be delivered to and sold at retail | ||||||
| 14 | in any building owned by a public library district, provided | ||||||
| 15 | that the delivery and sale is approved by the board of trustees | ||||||
| 16 | of that public library district and is limited to library | ||||||
| 17 | fundraising events or programs of a cultural or educational | ||||||
| 18 | nature. Before the board of trustees of a public library | ||||||
| 19 | district may approve the delivery and sale of alcoholic | ||||||
| 20 | liquors, the board of trustees of the public library district | ||||||
| 21 | must have a written policy that has been approved by the board | ||||||
| 22 | of trustees of the public library district governing when and | ||||||
| 23 | under what circumstances alcoholic liquors may be delivered to | ||||||
| 24 | and sold at retail on property owned by that public library | ||||||
| 25 | district. The written policy must (i) provide that no | ||||||
| 26 | alcoholic liquor may be sold, distributed, or consumed in any | ||||||
| |||||||
| |||||||
| 1 | area of the library accessible to the general public during | ||||||
| 2 | the event or program, (ii) prohibit the removal of alcoholic | ||||||
| 3 | liquor from the venue during the event, and (iii) require that | ||||||
| 4 | steps be taken to prevent the sale or distribution of | ||||||
| 5 | alcoholic liquor to persons under the age of 21. Any public | ||||||
| 6 | library district that has alcoholic liquor delivered to or | ||||||
| 7 | sold at retail on property owned by the public library | ||||||
| 8 | district shall provide dram shop liability insurance in | ||||||
| 9 | maximum insurance coverage limits so as to save harmless the | ||||||
| 10 | public library districts from all financial loss, damage, or | ||||||
| 11 | harm. | ||||||
| 12 | Alcoholic liquors may be sold or delivered in buildings | ||||||
| 13 | owned by the Community Building Complex Committee of Boone | ||||||
| 14 | County, Illinois if the person or facility selling or | ||||||
| 15 | dispensing the alcoholic liquor has provided dram shop | ||||||
| 16 | liability insurance with coverage and in amounts that the | ||||||
| 17 | Committee reasonably determines are necessary. | ||||||
| 18 | Alcoholic liquors may be sold or delivered in the building | ||||||
| 19 | located at 1200 Centerville Avenue in Belleville, Illinois and | ||||||
| 20 | occupied by either the Belleville Area Special Education | ||||||
| 21 | District or the Belleville Area Special Services Cooperative. | ||||||
| 22 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 23 | Louis Joliet Renaissance Center, City Center Campus, located | ||||||
| 24 | at 214 N. Ottawa Street, Joliet, and the Food | ||||||
| 25 | Services/Culinary Arts Department facilities, Main Campus, | ||||||
| 26 | located at 1215 Houbolt Road, Joliet, owned by or under the | ||||||
| |||||||
| |||||||
| 1 | control of Joliet Junior College, Illinois Community College | ||||||
| 2 | District No. 525. | ||||||
| 3 | Alcoholic liquors may be delivered to and sold at Triton | ||||||
| 4 | College, Illinois Community College District No. 504. | ||||||
| 5 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 6 | College of DuPage, Illinois Community College District No. | ||||||
| 7 | 502. | ||||||
| 8 | Alcoholic liquors may be delivered to and sold on any | ||||||
| 9 | property owned, operated, or controlled by Lewis and Clark | ||||||
| 10 | Community College, Illinois Community College District No. | ||||||
| 11 | 536. | ||||||
| 12 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 13 | building located at 446 East Hickory Avenue in Apple River, | ||||||
| 14 | Illinois, owned by the Apple River Fire Protection District, | ||||||
| 15 | and occupied by the Apple River Community Association if the | ||||||
| 16 | alcoholic liquor is sold or dispensed only in connection with | ||||||
| 17 | organized functions approved by the Apple River Community | ||||||
| 18 | Association for which the planned attendance is 20 or more | ||||||
| 19 | persons and if the person or facility selling or dispensing | ||||||
| 20 | the alcoholic liquor has provided dram shop liability | ||||||
| 21 | insurance in maximum limits so as to hold harmless the Apple | ||||||
| 22 | River Fire Protection District, the Village of Apple River, | ||||||
| 23 | and the Apple River Community Association from all financial | ||||||
| 24 | loss, damage, and harm. | ||||||
| 25 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 26 | Sikia Restaurant, Kennedy King College Campus, located at 740 | ||||||
| |||||||
| |||||||
| 1 | West 63rd Street, Chicago, and at the Food Services in the | ||||||
| 2 | Great Hall/Washburne Culinary Institute Department facility, | ||||||
| 3 | Kennedy King College Campus, located at 740 West 63rd Street, | ||||||
| 4 | Chicago, owned by or under the control of City Colleges of | ||||||
| 5 | Chicago, Illinois Community College District No. 508. | ||||||
| 6 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 7 | building located at 305 West Grove St. in Poplar Grove, | ||||||
| 8 | Illinois that is owned and operated by North Boone Fire | ||||||
| 9 | District #3 if the alcoholic liquor is sold or dispensed only | ||||||
| 10 | in connection with organized functions approved by the North | ||||||
| 11 | Boone Fire District #3 for which the planned attendance is 20 | ||||||
| 12 | or more persons and if the person or facility selling or | ||||||
| 13 | dispensing the alcoholic liquor has provided dram shop | ||||||
| 14 | liability insurance in maximum limits so as to hold harmless | ||||||
| 15 | North Boone County Fire District #3 from all financial loss, | ||||||
| 16 | damage, and harm. | ||||||
| 17 | (Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24; | ||||||
| 18 | revised 9-25-24.)
| ||||||
| 19 | Section 900. The Illinois Public Aid Code is amended by | ||||||
| 20 | changing Sections 5-5, 5-5.01a, 5-5a.1, 5-16.8, 5-16.8a, | ||||||
| 21 | 5-30.1, and 14-12 and by setting forth and renumbering | ||||||
| 22 | Sections 5-5.24a and 5-52 as follows:
| ||||||
| 23 | (305 ILCS 5/5-5) | ||||||
| 24 | (Text of Section before amendment by P.A. 103-808) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 2 | rule, shall determine the quantity and quality of and the rate | ||||||
| 3 | of reimbursement for the medical assistance for which payment | ||||||
| 4 | will be authorized, and the medical services to be provided, | ||||||
| 5 | which may include all or part of the following: (1) inpatient | ||||||
| 6 | hospital services; (2) outpatient hospital services; (3) other | ||||||
| 7 | laboratory and X-ray services; (4) skilled nursing home | ||||||
| 8 | services; (5) physicians' services whether furnished in the | ||||||
| 9 | office, the patient's home, a hospital, a skilled nursing | ||||||
| 10 | home, or elsewhere; (6) medical care, or any other type of | ||||||
| 11 | remedial care furnished by licensed practitioners; (7) home | ||||||
| 12 | health care services; (8) private duty nursing service; (9) | ||||||
| 13 | clinic services; (10) dental services, including prevention | ||||||
| 14 | and treatment of periodontal disease and dental caries disease | ||||||
| 15 | for pregnant individuals, provided by an individual licensed | ||||||
| 16 | to practice dentistry or dental surgery; for purposes of this | ||||||
| 17 | item (10), "dental services" means diagnostic, preventive, or | ||||||
| 18 | corrective procedures provided by or under the supervision of | ||||||
| 19 | a dentist in the practice of his or her profession; (11) | ||||||
| 20 | physical therapy and related services; (12) prescribed drugs, | ||||||
| 21 | dentures, and prosthetic devices; and eyeglasses prescribed by | ||||||
| 22 | a physician skilled in the diseases of the eye, or by an | ||||||
| 23 | optometrist, whichever the person may select; (13) other | ||||||
| 24 | diagnostic, screening, preventive, and rehabilitative | ||||||
| 25 | services, including to ensure that the individual's need for | ||||||
| 26 | intervention or treatment of mental disorders or substance use | ||||||
| |||||||
| |||||||
| 1 | disorders or co-occurring mental health and substance use | ||||||
| 2 | disorders is determined using a uniform screening, assessment, | ||||||
| 3 | and evaluation process inclusive of criteria, for children and | ||||||
| 4 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 5 | assessment, and evaluation process refers to a process that | ||||||
| 6 | includes an appropriate evaluation and, as warranted, a | ||||||
| 7 | referral; "uniform" does not mean the use of a singular | ||||||
| 8 | instrument, tool, or process that all must utilize; (14) | ||||||
| 9 | transportation and such other expenses as may be necessary; | ||||||
| 10 | (15) medical treatment of sexual assault survivors, as defined | ||||||
| 11 | in Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 12 | Treatment Act, for injuries sustained as a result of the | ||||||
| 13 | sexual assault, including examinations and laboratory tests to | ||||||
| 14 | discover evidence which may be used in criminal proceedings | ||||||
| 15 | arising from the sexual assault; (16) the diagnosis and | ||||||
| 16 | treatment of sickle cell anemia; (16.5) services performed by | ||||||
| 17 | a chiropractic physician licensed under the Medical Practice | ||||||
| 18 | Act of 1987 and acting within the scope of his or her license, | ||||||
| 19 | including, but not limited to, chiropractic manipulative | ||||||
| 20 | treatment; and (17) any other medical care, and any other type | ||||||
| 21 | of remedial care recognized under the laws of this State. The | ||||||
| 22 | term "any other type of remedial care" shall include nursing | ||||||
| 23 | care and nursing home service for persons who rely on | ||||||
| 24 | treatment by spiritual means alone through prayer 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 | ||||||
| 10 | under this Article. | ||||||
| 11 | Notwithstanding any other provision of this Section, all | ||||||
| 12 | tobacco cessation medications approved by the United States | ||||||
| 13 | Food and Drug Administration and all individual and group | ||||||
| 14 | tobacco cessation counseling services and telephone-based | ||||||
| 15 | counseling services and tobacco cessation medications provided | ||||||
| 16 | through the Illinois Tobacco Quitline shall be covered under | ||||||
| 17 | the medical assistance program for persons who are otherwise | ||||||
| 18 | eligible for assistance under this Article. The Department | ||||||
| 19 | shall comply with all federal requirements necessary to obtain | ||||||
| 20 | federal financial participation, as specified in 42 CFR | ||||||
| 21 | 433.15(b)(7), for telephone-based counseling services provided | ||||||
| 22 | through the Illinois Tobacco Quitline, including, but not | ||||||
| 23 | limited to: (i) entering into a memorandum of understanding or | ||||||
| 24 | interagency agreement with the Department of Public Health, as | ||||||
| 25 | administrator of the Illinois Tobacco Quitline; and (ii) | ||||||
| 26 | developing a cost allocation plan for Medicaid-allowable | ||||||
| |||||||
| |||||||
| 1 | Illinois Tobacco Quitline services in accordance with 45 CFR | ||||||
| 2 | 95.507. The Department shall submit the memorandum of | ||||||
| 3 | understanding or interagency agreement, the cost allocation | ||||||
| 4 | plan, and all other necessary documentation to the Centers for | ||||||
| 5 | Medicare and Medicaid Services for review and approval. | ||||||
| 6 | Coverage under this paragraph shall be contingent upon federal | ||||||
| 7 | approval. | ||||||
| 8 | Notwithstanding any other provision of this Code, the | ||||||
| 9 | Illinois Department may not require, as a condition of payment | ||||||
| 10 | for any laboratory test authorized under this Article, that a | ||||||
| 11 | physician's handwritten signature appear on the laboratory | ||||||
| 12 | test order form. The Illinois Department may, however, impose | ||||||
| 13 | other appropriate requirements regarding laboratory test order | ||||||
| 14 | documentation. | ||||||
| 15 | Upon receipt of federal approval of an amendment to the | ||||||
| 16 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
| 17 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
| 18 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
| 19 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
| 20 | that its vendor or vendors are enrolled as providers in the | ||||||
| 21 | medical assistance program and in any capitated Medicaid | ||||||
| 22 | managed care entity (MCE) serving individuals enrolled in a | ||||||
| 23 | school within the CPS system. Under any contract procured | ||||||
| 24 | under this provision, the vendor or vendors must serve only | ||||||
| 25 | individuals enrolled in a school within the CPS system. Claims | ||||||
| 26 | for services provided by CPS's vendor or vendors to recipients | ||||||
| |||||||
| |||||||
| 1 | of benefits in the medical assistance program under this Code, | ||||||
| 2 | the Children's Health Insurance Program, or the Covering ALL | ||||||
| 3 | KIDS Health Insurance Program shall be submitted to the | ||||||
| 4 | Department or the MCE in which the individual is enrolled for | ||||||
| 5 | payment and shall be reimbursed at the Department's or the | ||||||
| 6 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
| 7 | On and after July 1, 2012, the Department of Healthcare | ||||||
| 8 | and Family Services may provide the following services to | ||||||
| 9 | persons eligible for assistance under this Article who are | ||||||
| 10 | participating in education, training or employment programs | ||||||
| 11 | operated by the Department of Human Services as successor to | ||||||
| 12 | the Department of Public Aid: | ||||||
| 13 | (1) dental services provided by or under the | ||||||
| 14 | supervision of a dentist; and | ||||||
| 15 | (2) eyeglasses prescribed by a physician skilled in | ||||||
| 16 | the diseases of the eye, or by an optometrist, whichever | ||||||
| 17 | the person may select. | ||||||
| 18 | On and after July 1, 2018, the Department of Healthcare | ||||||
| 19 | and Family Services shall provide dental services to any adult | ||||||
| 20 | who is otherwise eligible for assistance under the medical | ||||||
| 21 | assistance program. As used in this paragraph, "dental | ||||||
| 22 | services" means diagnostic, preventative, restorative, or | ||||||
| 23 | corrective procedures, including procedures and services for | ||||||
| 24 | the prevention and treatment of periodontal disease and dental | ||||||
| 25 | caries disease, provided by an individual who is licensed to | ||||||
| 26 | practice dentistry or dental surgery or who is under the | ||||||
| |||||||
| |||||||
| 1 | supervision of a dentist in the practice of his or her | ||||||
| 2 | profession. | ||||||
| 3 | On and after July 1, 2018, targeted dental services, as | ||||||
| 4 | set forth in Exhibit D of the Consent Decree entered by the | ||||||
| 5 | United States District Court for the Northern District of | ||||||
| 6 | Illinois, Eastern Division, in the matter of Memisovski v. | ||||||
| 7 | Maram, Case No. 92 C 1982, that are provided to adults under | ||||||
| 8 | the medical assistance program shall be established at no less | ||||||
| 9 | than the rates set forth in the "New Rate" column in Exhibit D | ||||||
| 10 | of the Consent Decree for targeted dental services that are | ||||||
| 11 | provided to persons under the age of 18 under the medical | ||||||
| 12 | assistance program. | ||||||
| 13 | Subject to federal approval, on and after January 1, 2025, | ||||||
| 14 | the rates paid for sedation evaluation and the provision of | ||||||
| 15 | deep sedation and intravenous sedation for the purpose of | ||||||
| 16 | dental services shall be increased by 33% above the rates in | ||||||
| 17 | effect on December 31, 2024. The rates paid for nitrous oxide | ||||||
| 18 | sedation shall not be impacted by this paragraph and shall | ||||||
| 19 | remain the same as the rates in effect on December 31, 2024. | ||||||
| 20 | Notwithstanding any other provision of this Code and | ||||||
| 21 | subject to federal approval, the Department may adopt rules to | ||||||
| 22 | allow a dentist who is volunteering his or her service at no | ||||||
| 23 | cost to render dental services through an enrolled | ||||||
| 24 | not-for-profit health clinic without the dentist personally | ||||||
| 25 | enrolling as a participating provider in the medical | ||||||
| 26 | assistance program. A not-for-profit health clinic shall | ||||||
| |||||||
| |||||||
| 1 | include a public health clinic or Federally Qualified Health | ||||||
| 2 | Center or other enrolled provider, as determined by the | ||||||
| 3 | Department, through which dental services covered under this | ||||||
| 4 | Section are performed. The Department shall establish a | ||||||
| 5 | process for payment of claims for reimbursement for covered | ||||||
| 6 | dental services rendered under this provision. | ||||||
| 7 | Subject to appropriation and to federal approval, the | ||||||
| 8 | Department shall file administrative rules updating the | ||||||
| 9 | Handicapping Labio-Lingual Deviation orthodontic scoring tool | ||||||
| 10 | by January 1, 2025, or as soon as practicable. | ||||||
| 11 | On and after January 1, 2022, the Department of Healthcare | ||||||
| 12 | and Family Services shall administer and regulate a | ||||||
| 13 | school-based dental program that allows for the out-of-office | ||||||
| 14 | delivery of preventative dental services in a school setting | ||||||
| 15 | to children under 19 years of age. The Department shall | ||||||
| 16 | establish, by rule, guidelines for participation by providers | ||||||
| 17 | and set requirements for follow-up referral care based on the | ||||||
| 18 | requirements established in the Dental Office Reference Manual | ||||||
| 19 | published by the Department that establishes the requirements | ||||||
| 20 | for dentists participating in the All Kids Dental School | ||||||
| 21 | Program. Every effort shall be made by the Department when | ||||||
| 22 | developing the program requirements to consider the different | ||||||
| 23 | geographic differences of both urban and rural areas of the | ||||||
| 24 | State for initial treatment and necessary follow-up care. No | ||||||
| 25 | provider shall be charged a fee by any unit of local government | ||||||
| 26 | to participate in the school-based dental program administered | ||||||
| |||||||
| |||||||
| 1 | by the Department. Nothing in this paragraph shall be | ||||||
| 2 | construed to limit or preempt a home rule unit's or school | ||||||
| 3 | district's authority to establish, change, or administer a | ||||||
| 4 | school-based dental program in addition to, or independent of, | ||||||
| 5 | the school-based dental program administered by the | ||||||
| 6 | Department. | ||||||
| 7 | The Illinois Department, by rule, may distinguish and | ||||||
| 8 | classify the medical services to be provided only in | ||||||
| 9 | accordance with the classes of persons designated in Section | ||||||
| 10 | 5-2. | ||||||
| 11 | The Department of Healthcare and Family Services must | ||||||
| 12 | provide coverage and reimbursement for amino acid-based | ||||||
| 13 | elemental formulas, regardless of delivery method, for the | ||||||
| 14 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 15 | short bowel syndrome when the prescribing physician has issued | ||||||
| 16 | a written order stating that the amino acid-based elemental | ||||||
| 17 | formula is medically necessary. | ||||||
| 18 | The Illinois Department shall authorize the provision of, | ||||||
| 19 | and shall authorize payment for, screening by low-dose | ||||||
| 20 | mammography for the presence of occult breast cancer for | ||||||
| 21 | individuals 35 years of age or older who are eligible for | ||||||
| 22 | medical assistance under this Article, as follows: | ||||||
| 23 | (A) A baseline mammogram for individuals 35 to 39 | ||||||
| 24 | years of age. | ||||||
| 25 | (B) An annual mammogram for individuals 40 years of | ||||||
| 26 | age or older. | ||||||
| |||||||
| |||||||
| 1 | (C) A mammogram at the age and intervals considered | ||||||
| 2 | medically necessary by the individual's health care | ||||||
| 3 | provider for individuals under 40 years of age and having | ||||||
| 4 | a family history of breast cancer, prior personal history | ||||||
| 5 | of breast cancer, positive genetic testing, or other risk | ||||||
| 6 | factors. | ||||||
| 7 | (D) A comprehensive ultrasound screening and MRI of an | ||||||
| 8 | entire breast or breasts if a mammogram demonstrates | ||||||
| 9 | heterogeneous or dense breast tissue or when medically | ||||||
| 10 | necessary as determined by a physician licensed to | ||||||
| 11 | practice medicine in all of its branches. | ||||||
| 12 | (E) A screening MRI when medically necessary, as | ||||||
| 13 | determined by a physician licensed to practice medicine in | ||||||
| 14 | all of its branches. | ||||||
| 15 | (F) A diagnostic mammogram when medically necessary, | ||||||
| 16 | as determined by a physician licensed to practice medicine | ||||||
| 17 | in all its branches, advanced practice registered nurse, | ||||||
| 18 | or physician assistant. | ||||||
| 19 | The Department shall not impose a deductible, coinsurance, | ||||||
| 20 | copayment, or any other cost-sharing requirement on the | ||||||
| 21 | coverage provided under this paragraph; except that this | ||||||
| 22 | sentence does not apply to coverage of diagnostic mammograms | ||||||
| 23 | to the extent such coverage would disqualify a high-deductible | ||||||
| 24 | health plan from eligibility for a health savings account | ||||||
| 25 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
| 26 | U.S.C. 223). | ||||||
| |||||||
| |||||||
| 1 | All screenings shall include a physical breast exam, | ||||||
| 2 | instruction on self-examination and information regarding the | ||||||
| 3 | frequency of self-examination and its value as a preventative | ||||||
| 4 | tool. | ||||||
| 5 | For purposes of this Section: | ||||||
| 6 | "Diagnostic mammogram" means a mammogram obtained using | ||||||
| 7 | diagnostic mammography. | ||||||
| 8 | "Diagnostic mammography" means a method of screening that | ||||||
| 9 | is designed to evaluate an abnormality in a breast, including | ||||||
| 10 | an abnormality seen or suspected on a screening mammogram or a | ||||||
| 11 | subjective or objective abnormality otherwise detected in the | ||||||
| 12 | breast. | ||||||
| 13 | "Low-dose mammography" means the x-ray examination of the | ||||||
| 14 | breast using equipment dedicated specifically for mammography, | ||||||
| 15 | including the x-ray tube, filter, compression device, and | ||||||
| 16 | image receptor, with an average radiation exposure delivery of | ||||||
| 17 | less than one rad per breast for 2 views of an average size | ||||||
| 18 | breast. The term also includes digital mammography and | ||||||
| 19 | includes breast tomosynthesis. | ||||||
| 20 | "Breast tomosynthesis" means a radiologic procedure that | ||||||
| 21 | involves the acquisition of projection images over the | ||||||
| 22 | stationary breast to produce cross-sectional digital | ||||||
| 23 | three-dimensional images of the breast. | ||||||
| 24 | If, at any time, the Secretary of the United States | ||||||
| 25 | Department of Health and Human Services, or its successor | ||||||
| 26 | agency, promulgates rules or regulations to be published in | ||||||
| |||||||
| |||||||
| 1 | the Federal Register or publishes a comment in the Federal | ||||||
| 2 | Register or issues an opinion, guidance, or other action that | ||||||
| 3 | would require the State, pursuant to any provision of the | ||||||
| 4 | Patient Protection and Affordable Care Act (Public Law | ||||||
| 5 | 111-148), including, but not limited to, 42 U.S.C. | ||||||
| 6 | 18031(d)(3)(B) or any successor provision, to defray the cost | ||||||
| 7 | of any coverage for breast tomosynthesis outlined in this | ||||||
| 8 | paragraph, then the requirement that an insurer cover breast | ||||||
| 9 | tomosynthesis is inoperative other than any such coverage | ||||||
| 10 | authorized under Section 1902 of the Social Security Act, 42 | ||||||
| 11 | U.S.C. 1396a, and the State shall not assume any obligation | ||||||
| 12 | for the cost of coverage for breast tomosynthesis set forth in | ||||||
| 13 | this paragraph. | ||||||
| 14 | On and after January 1, 2016, the Department shall ensure | ||||||
| 15 | that all networks of care for adult clients of the Department | ||||||
| 16 | include access to at least one breast imaging Center of | ||||||
| 17 | Imaging Excellence as certified by the American College of | ||||||
| 18 | Radiology. | ||||||
| 19 | On and after January 1, 2012, providers participating in a | ||||||
| 20 | quality improvement program approved by the Department shall | ||||||
| 21 | be reimbursed for screening and diagnostic mammography at the | ||||||
| 22 | same rate as the Medicare program's rates, including the | ||||||
| 23 | increased reimbursement for digital mammography and, after | ||||||
| 24 | January 1, 2023 (the effective date of Public Act 102-1018), | ||||||
| 25 | breast tomosynthesis. | ||||||
| 26 | The Department shall convene an expert panel including | ||||||
| |||||||
| |||||||
| 1 | representatives of hospitals, free-standing mammography | ||||||
| 2 | facilities, and doctors, including radiologists, to establish | ||||||
| 3 | quality standards for mammography. | ||||||
| 4 | On and after January 1, 2017, providers participating in a | ||||||
| 5 | breast cancer treatment quality improvement program approved | ||||||
| 6 | by the Department shall be reimbursed for breast cancer | ||||||
| 7 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
| 8 | program's rates for the data elements included in the breast | ||||||
| 9 | cancer treatment quality program. | ||||||
| 10 | The Department shall convene an expert panel, including | ||||||
| 11 | representatives of hospitals, free-standing breast cancer | ||||||
| 12 | treatment centers, breast cancer quality organizations, and | ||||||
| 13 | doctors, including breast surgeons, reconstructive breast | ||||||
| 14 | surgeons, oncologists, and primary care providers to establish | ||||||
| 15 | quality standards for breast cancer treatment. | ||||||
| 16 | Subject to federal approval, the Department shall | ||||||
| 17 | establish a rate methodology for mammography at federally | ||||||
| 18 | qualified health centers and other encounter-rate clinics. | ||||||
| 19 | These clinics or centers may also collaborate with other | ||||||
| 20 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
| 21 | Department shall report to the General Assembly on the status | ||||||
| 22 | of the provision set forth in this paragraph. | ||||||
| 23 | The Department shall establish a methodology to remind | ||||||
| 24 | individuals who are age-appropriate for screening mammography, | ||||||
| 25 | but who have not received a mammogram within the previous 18 | ||||||
| 26 | months, of the importance and benefit of screening | ||||||
| |||||||
| |||||||
| 1 | mammography. The Department shall work with experts in breast | ||||||
| 2 | cancer outreach and patient navigation to optimize these | ||||||
| 3 | reminders and shall establish a methodology for evaluating | ||||||
| 4 | their effectiveness and modifying the methodology based on the | ||||||
| 5 | evaluation. | ||||||
| 6 | The Department shall establish a performance goal for | ||||||
| 7 | primary care providers with respect to their female patients | ||||||
| 8 | over age 40 receiving an annual mammogram. This performance | ||||||
| 9 | goal shall be used to provide additional reimbursement in the | ||||||
| 10 | form of a quality performance bonus to primary care providers | ||||||
| 11 | who meet that goal. | ||||||
| 12 | The Department shall devise a means of case-managing or | ||||||
| 13 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 14 | cancer. This program shall initially operate as a pilot | ||||||
| 15 | program in areas of the State with the highest incidence of | ||||||
| 16 | mortality related to breast cancer. At least one pilot program | ||||||
| 17 | site shall be in the metropolitan Chicago area and at least one | ||||||
| 18 | site shall be outside the metropolitan Chicago area. On or | ||||||
| 19 | after July 1, 2016, the pilot program shall be expanded to | ||||||
| 20 | include one site in western Illinois, one site in southern | ||||||
| 21 | Illinois, one site in central Illinois, and 4 sites within | ||||||
| 22 | metropolitan Chicago. An evaluation of the pilot program shall | ||||||
| 23 | be carried out measuring health outcomes and cost of care for | ||||||
| 24 | those served by the pilot program compared to similarly | ||||||
| 25 | situated patients who are not served by the pilot program. | ||||||
| 26 | The Department shall require all networks of care to | ||||||
| |||||||
| |||||||
| 1 | develop a means either internally or by contract with experts | ||||||
| 2 | in navigation and community outreach to navigate cancer | ||||||
| 3 | patients to comprehensive care in a timely fashion. The | ||||||
| 4 | Department shall require all networks of care to include | ||||||
| 5 | access for patients diagnosed with cancer to at least one | ||||||
| 6 | academic commission on cancer-accredited cancer program as an | ||||||
| 7 | in-network covered benefit. | ||||||
| 8 | The Department shall provide coverage and reimbursement | ||||||
| 9 | for a human papillomavirus (HPV) vaccine that is approved for | ||||||
| 10 | marketing by the federal Food and Drug Administration for all | ||||||
| 11 | persons between the ages of 9 and 45. Subject to federal | ||||||
| 12 | approval, the Department shall provide coverage and | ||||||
| 13 | reimbursement for a human papillomavirus (HPV) vaccine for | ||||||
| 14 | persons of the age of 46 and above who have been diagnosed with | ||||||
| 15 | cervical dysplasia with a high risk of recurrence or | ||||||
| 16 | progression. The Department shall disallow any | ||||||
| 17 | preauthorization requirements for the administration of the | ||||||
| 18 | human papillomavirus (HPV) vaccine. | ||||||
| 19 | On or after July 1, 2022, individuals who are otherwise | ||||||
| 20 | eligible for medical assistance under this Article shall | ||||||
| 21 | receive coverage for perinatal depression screenings for the | ||||||
| 22 | 12-month period beginning on the last day of their pregnancy. | ||||||
| 23 | Medical assistance coverage under this paragraph shall be | ||||||
| 24 | conditioned on the use of a screening instrument approved by | ||||||
| 25 | the Department. | ||||||
| 26 | Any medical or health care provider shall immediately | ||||||
| |||||||
| |||||||
| 1 | recommend, to any pregnant individual who is being provided | ||||||
| 2 | prenatal services and is suspected of having a substance use | ||||||
| 3 | disorder as defined in the Substance Use Disorder Act, | ||||||
| 4 | referral to a local substance use disorder treatment program | ||||||
| 5 | licensed by the Department of Human Services or to a licensed | ||||||
| 6 | hospital which provides substance abuse treatment services. | ||||||
| 7 | The Department of Healthcare and Family Services shall assure | ||||||
| 8 | coverage for the cost of treatment of the drug abuse or | ||||||
| 9 | addiction for pregnant recipients in accordance with the | ||||||
| 10 | Illinois Medicaid Program in conjunction with the Department | ||||||
| 11 | of Human Services. | ||||||
| 12 | All medical providers providing medical assistance to | ||||||
| 13 | pregnant individuals under this Code shall receive information | ||||||
| 14 | from the Department on the availability of services under any | ||||||
| 15 | program providing case management services for addicted | ||||||
| 16 | individuals, including information on appropriate referrals | ||||||
| 17 | for other social services that may be needed by addicted | ||||||
| 18 | individuals in addition to treatment for addiction. | ||||||
| 19 | The Illinois Department, in cooperation with the | ||||||
| 20 | Departments of Human Services (as successor to the Department | ||||||
| 21 | of Alcoholism and Substance Abuse) and Public Health, through | ||||||
| 22 | a public awareness campaign, may provide information | ||||||
| 23 | concerning treatment for alcoholism and drug abuse and | ||||||
| 24 | addiction, prenatal health care, and other pertinent programs | ||||||
| 25 | directed at reducing the number of drug-affected infants born | ||||||
| 26 | to recipients of medical assistance. | ||||||
| |||||||
| |||||||
| 1 | Neither the Department of Healthcare and Family Services | ||||||
| 2 | nor the Department of Human Services shall sanction the | ||||||
| 3 | recipient solely on the basis of the recipient's substance | ||||||
| 4 | abuse. | ||||||
| 5 | The Illinois Department shall establish such regulations | ||||||
| 6 | governing the dispensing of health services under this Article | ||||||
| 7 | as it shall deem appropriate. The Department should seek the | ||||||
| 8 | advice of formal professional advisory committees appointed by | ||||||
| 9 | the Director of the Illinois Department for the purpose of | ||||||
| 10 | providing regular advice on policy and administrative matters, | ||||||
| 11 | information dissemination and educational activities for | ||||||
| 12 | medical and health care providers, and consistency in | ||||||
| 13 | procedures to the Illinois Department. | ||||||
| 14 | The Illinois Department may develop and contract with | ||||||
| 15 | Partnerships of medical providers to arrange medical services | ||||||
| 16 | for persons eligible under Section 5-2 of this Code. | ||||||
| 17 | Implementation of this Section may be by demonstration | ||||||
| 18 | projects in certain geographic areas. The Partnership shall be | ||||||
| 19 | represented by a sponsor organization. The Department, by | ||||||
| 20 | rule, shall develop qualifications for sponsors of | ||||||
| 21 | Partnerships. Nothing in this Section shall be construed to | ||||||
| 22 | require that the sponsor organization be a medical | ||||||
| 23 | organization. | ||||||
| 24 | The sponsor must negotiate formal written contracts with | ||||||
| 25 | medical providers for physician services, inpatient and | ||||||
| 26 | outpatient hospital care, home health services, treatment for | ||||||
| |||||||
| |||||||
| 1 | alcoholism and substance abuse, and other services determined | ||||||
| 2 | necessary by the Illinois Department by rule for delivery by | ||||||
| 3 | Partnerships. Physician services must include prenatal and | ||||||
| 4 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 5 | medical services delivered by Partnership providers to clients | ||||||
| 6 | in target areas according to provisions of this Article and | ||||||
| 7 | the Illinois Health Finance Reform Act, except that: | ||||||
| 8 | (1) Physicians participating in a Partnership and | ||||||
| 9 | providing certain services, which shall be determined by | ||||||
| 10 | the Illinois Department, to persons in areas covered by | ||||||
| 11 | the Partnership may receive an additional surcharge for | ||||||
| 12 | such services. | ||||||
| 13 | (2) The Department may elect to consider and negotiate | ||||||
| 14 | financial incentives to encourage the development of | ||||||
| 15 | Partnerships and the efficient delivery of medical care. | ||||||
| 16 | (3) Persons receiving medical services through | ||||||
| 17 | Partnerships may receive medical and case management | ||||||
| 18 | services above the level usually offered through the | ||||||
| 19 | medical assistance program. | ||||||
| 20 | Medical providers shall be required to meet certain | ||||||
| 21 | qualifications to participate in Partnerships to ensure the | ||||||
| 22 | delivery of high quality medical services. These | ||||||
| 23 | qualifications shall be determined by rule of the Illinois | ||||||
| 24 | Department and may be higher than qualifications for | ||||||
| 25 | participation in the medical assistance program. Partnership | ||||||
| 26 | sponsors may prescribe reasonable additional qualifications | ||||||
| |||||||
| |||||||
| 1 | for participation by medical providers, only with the prior | ||||||
| 2 | written approval of the Illinois Department. | ||||||
| 3 | Nothing in this Section shall limit the free choice of | ||||||
| 4 | practitioners, hospitals, and other providers of medical | ||||||
| 5 | services by clients. In order to ensure patient freedom of | ||||||
| 6 | choice, the Illinois Department shall immediately promulgate | ||||||
| 7 | all rules and take all other necessary actions so that | ||||||
| 8 | provided services may be accessed from therapeutically | ||||||
| 9 | certified optometrists to the full extent of the Illinois | ||||||
| 10 | Optometric Practice Act of 1987 without discriminating between | ||||||
| 11 | service providers. | ||||||
| 12 | The Department shall apply for a waiver from the United | ||||||
| 13 | States Health Care Financing Administration to allow for the | ||||||
| 14 | implementation of Partnerships under this Section. | ||||||
| 15 | The Illinois Department shall require health care | ||||||
| 16 | providers to maintain records that document the medical care | ||||||
| 17 | and services provided to recipients of Medical Assistance | ||||||
| 18 | under this Article. Such records must be retained for a period | ||||||
| 19 | of not less than 6 years from the date of service or as | ||||||
| 20 | provided by applicable State law, whichever period is longer, | ||||||
| 21 | except that if an audit is initiated within the required | ||||||
| 22 | retention period then the records must be retained until the | ||||||
| 23 | audit is completed and every exception is resolved. The | ||||||
| 24 | Illinois Department shall require health care providers to | ||||||
| 25 | make available, when authorized by the patient, in writing, | ||||||
| 26 | the medical records in a timely fashion to other health care | ||||||
| |||||||
| |||||||
| 1 | providers who are treating or serving persons eligible for | ||||||
| 2 | Medical Assistance under this Article. All dispensers of | ||||||
| 3 | medical services shall be required to maintain and retain | ||||||
| 4 | business and professional records sufficient to fully and | ||||||
| 5 | accurately document the nature, scope, details and receipt of | ||||||
| 6 | the health care provided to persons eligible for medical | ||||||
| 7 | assistance under this Code, in accordance with regulations | ||||||
| 8 | promulgated by the Illinois Department. The rules and | ||||||
| 9 | regulations shall require that proof of the receipt of | ||||||
| 10 | prescription drugs, dentures, prosthetic devices and | ||||||
| 11 | eyeglasses by eligible persons under this Section accompany | ||||||
| 12 | each claim for reimbursement submitted by the dispenser of | ||||||
| 13 | such medical services. No such claims for reimbursement shall | ||||||
| 14 | be approved for payment by the Illinois Department without | ||||||
| 15 | such proof of receipt, unless the Illinois Department shall | ||||||
| 16 | have put into effect and shall be operating a system of | ||||||
| 17 | post-payment audit and review which shall, on a sampling | ||||||
| 18 | basis, be deemed adequate by the Illinois Department to assure | ||||||
| 19 | that such drugs, dentures, prosthetic devices and eyeglasses | ||||||
| 20 | for which payment is being made are actually being received by | ||||||
| 21 | eligible recipients. Within 90 days after September 16, 1984 | ||||||
| 22 | (the effective date of Public Act 83-1439), the Illinois | ||||||
| 23 | Department shall establish a current list of acquisition costs | ||||||
| 24 | for all prosthetic devices and any other items recognized as | ||||||
| 25 | medical equipment and supplies reimbursable under this Article | ||||||
| 26 | and shall update such list on a quarterly basis, except that | ||||||
| |||||||
| |||||||
| 1 | the acquisition costs of all prescription drugs shall be | ||||||
| 2 | updated no less frequently than every 30 days as required by | ||||||
| 3 | Section 5-5.12. | ||||||
| 4 | Notwithstanding any other law to the contrary, the | ||||||
| 5 | Illinois Department shall, within 365 days after July 22, 2013 | ||||||
| 6 | (the effective date of Public Act 98-104), establish | ||||||
| 7 | procedures to permit skilled care facilities licensed under | ||||||
| 8 | the Nursing Home Care Act to submit monthly billing claims for | ||||||
| 9 | reimbursement purposes. Following development of these | ||||||
| 10 | procedures, the Department shall, by July 1, 2016, test the | ||||||
| 11 | viability of the new system and implement any necessary | ||||||
| 12 | operational or structural changes to its information | ||||||
| 13 | technology platforms in order to allow for the direct | ||||||
| 14 | acceptance and payment of nursing home claims. | ||||||
| 15 | Notwithstanding any other law to the contrary, the | ||||||
| 16 | Illinois Department shall, within 365 days after August 15, | ||||||
| 17 | 2014 (the effective date of Public Act 98-963), establish | ||||||
| 18 | procedures to permit ID/DD facilities licensed under the ID/DD | ||||||
| 19 | Community Care Act and MC/DD facilities licensed under the | ||||||
| 20 | MC/DD Act to submit monthly billing claims for reimbursement | ||||||
| 21 | purposes. Following development of these procedures, the | ||||||
| 22 | Department shall have an additional 365 days to test the | ||||||
| 23 | viability of the new system and to ensure that any necessary | ||||||
| 24 | operational or structural changes to its information | ||||||
| 25 | technology platforms are implemented. | ||||||
| 26 | The Illinois Department shall require all dispensers of | ||||||
| |||||||
| |||||||
| 1 | medical services, other than an individual practitioner or | ||||||
| 2 | group of practitioners, desiring to participate in the Medical | ||||||
| 3 | Assistance program established under this Article to disclose | ||||||
| 4 | all financial, beneficial, ownership, equity, surety or other | ||||||
| 5 | interests in any and all firms, corporations, partnerships, | ||||||
| 6 | associations, business enterprises, joint ventures, agencies, | ||||||
| 7 | institutions or other legal entities providing any form of | ||||||
| 8 | health care services in this State under this Article. | ||||||
| 9 | The Illinois Department may require that all dispensers of | ||||||
| 10 | medical services desiring to participate in the medical | ||||||
| 11 | assistance program established under this Article disclose, | ||||||
| 12 | under such terms and conditions as the Illinois Department may | ||||||
| 13 | by rule establish, all inquiries from clients and attorneys | ||||||
| 14 | regarding medical bills paid by the Illinois Department, which | ||||||
| 15 | inquiries could indicate potential existence of claims or | ||||||
| 16 | liens for the Illinois Department. | ||||||
| 17 | Enrollment of a vendor shall be subject to a provisional | ||||||
| 18 | period and shall be conditional for one year. During the | ||||||
| 19 | period of conditional enrollment, the Department may terminate | ||||||
| 20 | the vendor's eligibility to participate in, or may disenroll | ||||||
| 21 | the vendor from, the medical assistance program without cause. | ||||||
| 22 | Unless otherwise specified, such termination of eligibility or | ||||||
| 23 | disenrollment is not subject to the Department's hearing | ||||||
| 24 | process. However, a disenrolled vendor may reapply without | ||||||
| 25 | penalty. | ||||||
| 26 | The Department has the discretion to limit the conditional | ||||||
| |||||||
| |||||||
| 1 | enrollment period for vendors based upon the category of risk | ||||||
| 2 | of the vendor. | ||||||
| 3 | Prior to enrollment and during the conditional enrollment | ||||||
| 4 | period in the medical assistance program, all vendors shall be | ||||||
| 5 | subject to enhanced oversight, screening, and review based on | ||||||
| 6 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 7 | category of risk of the vendor. The Illinois Department shall | ||||||
| 8 | establish the procedures for oversight, screening, and review, | ||||||
| 9 | which may include, but need not be limited to: criminal and | ||||||
| 10 | financial background checks; fingerprinting; license, | ||||||
| 11 | certification, and authorization verifications; unscheduled or | ||||||
| 12 | unannounced site visits; database checks; prepayment audit | ||||||
| 13 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 14 | screening as required by federal or State law. | ||||||
| 15 | The Department shall define or specify the following: (i) | ||||||
| 16 | by provider notice, the "category of risk of the vendor" for | ||||||
| 17 | each type of vendor, which shall take into account the level of | ||||||
| 18 | screening applicable to a particular category of vendor under | ||||||
| 19 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 20 | the maximum length of the conditional enrollment period for | ||||||
| 21 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 22 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 23 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 24 | the conditional enrollment period. | ||||||
| 25 | To be eligible for payment consideration, a vendor's | ||||||
| 26 | payment claim or bill, either as an initial claim or as a | ||||||
| |||||||
| |||||||
| 1 | resubmitted claim following prior rejection, must be received | ||||||
| 2 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 3 | later than 180 days after the latest date on the claim on which | ||||||
| 4 | medical goods or services were provided, with the following | ||||||
| 5 | exceptions: | ||||||
| 6 | (1) In the case of a provider whose enrollment is in | ||||||
| 7 | process by the Illinois Department, the 180-day period | ||||||
| 8 | shall not begin until the date on the written notice from | ||||||
| 9 | the Illinois Department that the provider enrollment is | ||||||
| 10 | complete. | ||||||
| 11 | (2) In the case of errors attributable to the Illinois | ||||||
| 12 | Department or any of its claims processing intermediaries | ||||||
| 13 | which result in an inability to receive, process, or | ||||||
| 14 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 15 | until the provider has been notified of the error. | ||||||
| 16 | (3) In the case of a provider for whom the Illinois | ||||||
| 17 | Department initiates the monthly billing process. | ||||||
| 18 | (4) In the case of a provider operated by a unit of | ||||||
| 19 | local government with a population exceeding 3,000,000 | ||||||
| 20 | when local government funds finance federal participation | ||||||
| 21 | for claims payments. | ||||||
| 22 | For claims for services rendered during a period for which | ||||||
| 23 | a recipient received retroactive eligibility, claims must be | ||||||
| 24 | filed within 180 days after the Department determines the | ||||||
| 25 | applicant is eligible. For claims for which the Illinois | ||||||
| 26 | Department is not the primary payer, claims must be submitted | ||||||
| |||||||
| |||||||
| 1 | to the Illinois Department within 180 days after the final | ||||||
| 2 | adjudication by the primary payer. | ||||||
| 3 | In the case of long term care facilities, within 120 | ||||||
| 4 | calendar days of receipt by the facility of required | ||||||
| 5 | prescreening information, new admissions with associated | ||||||
| 6 | admission documents shall be submitted through the Medical | ||||||
| 7 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
| 8 | Eligibility Verification (REV) System or shall be submitted | ||||||
| 9 | directly to the Department of Human Services using required | ||||||
| 10 | admission forms. Effective September 1, 2014, admission | ||||||
| 11 | documents, including all prescreening information, must be | ||||||
| 12 | submitted through MEDI or REV. Confirmation numbers assigned | ||||||
| 13 | to an accepted transaction shall be retained by a facility to | ||||||
| 14 | verify timely submittal. Once an admission transaction has | ||||||
| 15 | been completed, all resubmitted claims following prior | ||||||
| 16 | rejection are subject to receipt no later than 180 days after | ||||||
| 17 | the admission transaction has been completed. | ||||||
| 18 | Claims that are not submitted and received in compliance | ||||||
| 19 | with the foregoing requirements shall not be eligible for | ||||||
| 20 | payment under the medical assistance program, and the State | ||||||
| 21 | shall have no liability for payment of those claims. | ||||||
| 22 | To the extent consistent with applicable information and | ||||||
| 23 | privacy, security, and disclosure laws, State and federal | ||||||
| 24 | agencies and departments shall provide the Illinois Department | ||||||
| 25 | access to confidential and other information and data | ||||||
| 26 | necessary to perform eligibility and payment verifications and | ||||||
| |||||||
| |||||||
| 1 | other Illinois Department functions. This includes, but is not | ||||||
| 2 | limited to: information pertaining to licensure; | ||||||
| 3 | certification; earnings; immigration status; citizenship; wage | ||||||
| 4 | reporting; unearned and earned income; pension income; | ||||||
| 5 | employment; supplemental security income; social security | ||||||
| 6 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 7 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 8 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 9 | corporate information; and death records. | ||||||
| 10 | The Illinois Department shall enter into agreements with | ||||||
| 11 | State agencies and departments, and is authorized to enter | ||||||
| 12 | into agreements with federal agencies and departments, under | ||||||
| 13 | which such agencies and departments shall share data necessary | ||||||
| 14 | for medical assistance program integrity functions and | ||||||
| 15 | oversight. The Illinois Department shall develop, in | ||||||
| 16 | cooperation with other State departments and agencies, and in | ||||||
| 17 | compliance with applicable federal laws and regulations, | ||||||
| 18 | appropriate and effective methods to share such data. At a | ||||||
| 19 | minimum, and to the extent necessary to provide data sharing, | ||||||
| 20 | the Illinois Department shall enter into agreements with State | ||||||
| 21 | agencies and departments, and is authorized to enter into | ||||||
| 22 | agreements with federal agencies and departments, including, | ||||||
| 23 | but not limited to: the Secretary of State; the Department of | ||||||
| 24 | Revenue; the Department of Public Health; the Department of | ||||||
| 25 | Human Services; and the Department of Financial and | ||||||
| 26 | Professional Regulation. | ||||||
| |||||||
| |||||||
| 1 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 2 | shall set forth a request for information to identify the | ||||||
| 3 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 4 | claims system with the goals of streamlining claims processing | ||||||
| 5 | and provider reimbursement, reducing the number of pending or | ||||||
| 6 | rejected claims, and helping to ensure a more transparent | ||||||
| 7 | adjudication process through the utilization of: (i) provider | ||||||
| 8 | data verification and provider screening technology; and (ii) | ||||||
| 9 | clinical code editing; and (iii) pre-pay, pre-adjudicated, or | ||||||
| 10 | post-adjudicated predictive modeling with an integrated case | ||||||
| 11 | management system with link analysis. Such a request for | ||||||
| 12 | information shall not be considered as a request for proposal | ||||||
| 13 | or as an obligation on the part of the Illinois Department to | ||||||
| 14 | take any action or acquire any products or services. | ||||||
| 15 | The Illinois Department shall establish policies, | ||||||
| 16 | procedures, standards and criteria by rule for the | ||||||
| 17 | acquisition, repair and replacement of orthotic and prosthetic | ||||||
| 18 | devices and durable medical equipment. Such rules shall | ||||||
| 19 | provide, but not be limited to, the following services: (1) | ||||||
| 20 | immediate repair or replacement of such devices by recipients; | ||||||
| 21 | and (2) rental, lease, purchase or lease-purchase of durable | ||||||
| 22 | medical equipment in a cost-effective manner, taking into | ||||||
| 23 | consideration the recipient's medical prognosis, the extent of | ||||||
| 24 | the recipient's needs, and the requirements and costs for | ||||||
| 25 | maintaining such equipment. Subject to prior approval, such | ||||||
| 26 | rules shall enable a recipient to temporarily acquire and use | ||||||
| |||||||
| |||||||
| 1 | alternative or substitute devices or equipment pending repairs | ||||||
| 2 | or replacements of any device or equipment previously | ||||||
| 3 | authorized for such recipient by the Department. | ||||||
| 4 | Notwithstanding any provision of Section 5-5f to the contrary, | ||||||
| 5 | the Department may, by rule, exempt certain replacement | ||||||
| 6 | wheelchair parts from prior approval and, for wheelchairs, | ||||||
| 7 | wheelchair parts, wheelchair accessories, and related seating | ||||||
| 8 | and positioning items, determine the wholesale price by | ||||||
| 9 | methods other than actual acquisition costs. | ||||||
| 10 | The Department shall require, by rule, all providers of | ||||||
| 11 | durable medical equipment to be accredited by an accreditation | ||||||
| 12 | organization approved by the federal Centers for Medicare and | ||||||
| 13 | Medicaid Services and recognized by the Department in order to | ||||||
| 14 | bill the Department for providing durable medical equipment to | ||||||
| 15 | recipients. No later than 15 months after the effective date | ||||||
| 16 | of the rule adopted pursuant to this paragraph, all providers | ||||||
| 17 | must meet the accreditation requirement. | ||||||
| 18 | In order to promote environmental responsibility, meet the | ||||||
| 19 | needs of recipients and enrollees, and achieve significant | ||||||
| 20 | cost savings, the Department, or a managed care organization | ||||||
| 21 | under contract with the Department, may provide recipients or | ||||||
| 22 | managed care enrollees who have a prescription or Certificate | ||||||
| 23 | of Medical Necessity access to refurbished durable medical | ||||||
| 24 | equipment under this Section (excluding prosthetic and | ||||||
| 25 | orthotic devices as defined in the Orthotics, Prosthetics, and | ||||||
| 26 | Pedorthics Practice Act and complex rehabilitation technology | ||||||
| |||||||
| |||||||
| 1 | products and associated services) through the State's | ||||||
| 2 | assistive technology program's reutilization program, using | ||||||
| 3 | staff with the Assistive Technology Professional (ATP) | ||||||
| 4 | Certification if the refurbished durable medical equipment: | ||||||
| 5 | (i) is available; (ii) is less expensive, including shipping | ||||||
| 6 | costs, than new durable medical equipment of the same type; | ||||||
| 7 | (iii) is able to withstand at least 3 years of use; (iv) is | ||||||
| 8 | cleaned, disinfected, sterilized, and safe in accordance with | ||||||
| 9 | federal Food and Drug Administration regulations and guidance | ||||||
| 10 | governing the reprocessing of medical devices in health care | ||||||
| 11 | settings; and (v) equally meets the needs of the recipient or | ||||||
| 12 | enrollee. The reutilization program shall confirm that the | ||||||
| 13 | recipient or enrollee is not already in receipt of the same or | ||||||
| 14 | similar equipment from another service provider, and that the | ||||||
| 15 | refurbished durable medical equipment equally meets the needs | ||||||
| 16 | of the recipient or enrollee. Nothing in this paragraph shall | ||||||
| 17 | be construed to limit recipient or enrollee choice to obtain | ||||||
| 18 | new durable medical equipment or place any additional prior | ||||||
| 19 | authorization conditions on enrollees of managed care | ||||||
| 20 | organizations. | ||||||
| 21 | The Department shall execute, relative to the nursing home | ||||||
| 22 | prescreening project, written inter-agency agreements with the | ||||||
| 23 | Department of Human Services and the Department on Aging, to | ||||||
| 24 | effect the following: (i) intake procedures and common | ||||||
| 25 | eligibility criteria for those persons who are receiving | ||||||
| 26 | non-institutional services; and (ii) the establishment and | ||||||
| |||||||
| |||||||
| 1 | development of non-institutional services in areas of the | ||||||
| 2 | State where they are not currently available or are | ||||||
| 3 | undeveloped; and (iii) notwithstanding any other provision of | ||||||
| 4 | law, subject to federal approval, on and after July 1, 2012, an | ||||||
| 5 | increase in the determination of need (DON) scores from 29 to | ||||||
| 6 | 37 for applicants for institutional and home and | ||||||
| 7 | community-based long term care; if and only if federal | ||||||
| 8 | approval is not granted, the Department may, in conjunction | ||||||
| 9 | with other affected agencies, implement utilization controls | ||||||
| 10 | or changes in benefit packages to effectuate a similar savings | ||||||
| 11 | amount for this population; and (iv) no later than July 1, | ||||||
| 12 | 2013, minimum level of care eligibility criteria for | ||||||
| 13 | institutional and home and community-based long term care; and | ||||||
| 14 | (v) no later than October 1, 2013, establish procedures to | ||||||
| 15 | permit long term care providers access to eligibility scores | ||||||
| 16 | for individuals with an admission date who are seeking or | ||||||
| 17 | receiving services from the long term care provider. In order | ||||||
| 18 | to select the minimum level of care eligibility criteria, the | ||||||
| 19 | Governor shall establish a workgroup that includes affected | ||||||
| 20 | agency representatives and stakeholders representing the | ||||||
| 21 | institutional and home and community-based long term care | ||||||
| 22 | interests. This Section shall not restrict the Department from | ||||||
| 23 | implementing lower level of care eligibility criteria for | ||||||
| 24 | community-based services in circumstances where federal | ||||||
| 25 | approval has been granted. | ||||||
| 26 | The Illinois Department shall develop and operate, in | ||||||
| |||||||
| |||||||
| 1 | cooperation with other State Departments and agencies and in | ||||||
| 2 | compliance with applicable federal laws and regulations, | ||||||
| 3 | appropriate and effective systems of health care evaluation | ||||||
| 4 | and programs for monitoring of utilization of health care | ||||||
| 5 | services and facilities, as it affects persons eligible for | ||||||
| 6 | medical assistance under this Code. | ||||||
| 7 | The Illinois Department shall report annually to the | ||||||
| 8 | General Assembly, no later than the second Friday in April of | ||||||
| 9 | 1979 and each year thereafter, in regard to: | ||||||
| 10 | (a) actual statistics and trends in utilization of | ||||||
| 11 | medical services by public aid recipients; | ||||||
| 12 | (b) actual statistics and trends in the provision of | ||||||
| 13 | the various medical services by medical vendors; | ||||||
| 14 | (c) current rate structures and proposed changes in | ||||||
| 15 | those rate structures for the various medical vendors; and | ||||||
| 16 | (d) efforts at utilization review and control by the | ||||||
| 17 | Illinois Department. | ||||||
| 18 | The period covered by each report shall be the 3 years | ||||||
| 19 | ending on the June 30 prior to the report. The report shall | ||||||
| 20 | include suggested legislation for consideration by the General | ||||||
| 21 | Assembly. The requirement for reporting to the General | ||||||
| 22 | Assembly shall be satisfied by filing copies of the report as | ||||||
| 23 | required by Section 3.1 of the General Assembly Organization | ||||||
| 24 | Act, and filing such additional copies with the State | ||||||
| 25 | Government Report Distribution Center for the General Assembly | ||||||
| 26 | as is required under paragraph (t) of Section 7 of the State | ||||||
| |||||||
| |||||||
| 1 | Library Act. | ||||||
| 2 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 3 | any, is conditioned on the rules being adopted in accordance | ||||||
| 4 | with all provisions of the Illinois Administrative Procedure | ||||||
| 5 | Act and all rules and procedures of the Joint Committee on | ||||||
| 6 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 7 | whatever reason, is unauthorized. | ||||||
| 8 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 9 | rate of reimbursement for services or other payments or alter | ||||||
| 10 | any methodologies authorized by this Code to reduce any rate | ||||||
| 11 | of reimbursement for services or other payments in accordance | ||||||
| 12 | with Section 5-5e. | ||||||
| 13 | Because kidney transplantation can be an appropriate, | ||||||
| 14 | cost-effective alternative to renal dialysis when medically | ||||||
| 15 | necessary and notwithstanding the provisions of Section 1-11 | ||||||
| 16 | of this Code, beginning October 1, 2014, the Department shall | ||||||
| 17 | cover kidney transplantation for noncitizens with end-stage | ||||||
| 18 | renal disease who are not eligible for comprehensive medical | ||||||
| 19 | benefits, who meet the residency requirements of Section 5-3 | ||||||
| 20 | of this Code, and who would otherwise meet the financial | ||||||
| 21 | requirements of the appropriate class of eligible persons | ||||||
| 22 | under Section 5-2 of this Code. To qualify for coverage of | ||||||
| 23 | kidney transplantation, such person must be receiving | ||||||
| 24 | emergency renal dialysis services covered by the Department. | ||||||
| 25 | Providers under this Section shall be prior approved and | ||||||
| 26 | certified by the Department to perform kidney transplantation | ||||||
| |||||||
| |||||||
| 1 | and the services under this Section shall be limited to | ||||||
| 2 | services associated with kidney transplantation. | ||||||
| 3 | Notwithstanding any other provision of this Code to the | ||||||
| 4 | contrary, on or after July 1, 2015, all FDA-approved FDA | ||||||
| 5 | approved forms of medication assisted treatment prescribed for | ||||||
| 6 | the treatment of alcohol dependence or treatment of opioid | ||||||
| 7 | dependence shall be covered under both fee-for-service and | ||||||
| 8 | managed care medical assistance programs for persons who are | ||||||
| 9 | otherwise eligible for medical assistance under this Article | ||||||
| 10 | and shall not be subject to any (1) utilization control, other | ||||||
| 11 | than those established under the American Society of Addiction | ||||||
| 12 | Medicine patient placement criteria, (2) prior authorization | ||||||
| 13 | mandate, (3) lifetime restriction limit mandate, or (4) | ||||||
| 14 | limitations on dosage. | ||||||
| 15 | On or after July 1, 2015, opioid antagonists prescribed | ||||||
| 16 | for the treatment of an opioid overdose, including the | ||||||
| 17 | medication product, administration devices, and any pharmacy | ||||||
| 18 | fees or hospital fees related to the dispensing, distribution, | ||||||
| 19 | and administration of the opioid antagonist, shall be covered | ||||||
| 20 | under the medical assistance program for persons who are | ||||||
| 21 | otherwise eligible for medical assistance under this Article. | ||||||
| 22 | As used in this Section, "opioid antagonist" means a drug that | ||||||
| 23 | binds to opioid receptors and blocks or inhibits the effect of | ||||||
| 24 | opioids acting on those receptors, including, but not limited | ||||||
| 25 | to, naloxone hydrochloride or any other similarly acting drug | ||||||
| 26 | approved by the U.S. Food and Drug Administration. The | ||||||
| |||||||
| |||||||
| 1 | Department shall not impose a copayment on the coverage | ||||||
| 2 | provided for naloxone hydrochloride under the medical | ||||||
| 3 | assistance program. | ||||||
| 4 | Upon federal approval, the Department shall provide | ||||||
| 5 | coverage and reimbursement for all drugs that are approved for | ||||||
| 6 | marketing by the federal Food and Drug Administration and that | ||||||
| 7 | are recommended by the federal Public Health Service or the | ||||||
| 8 | United States Centers for Disease Control and Prevention for | ||||||
| 9 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
| 10 | services, including, but not limited to, HIV and sexually | ||||||
| 11 | transmitted infection screening, treatment for sexually | ||||||
| 12 | transmitted infections, medical monitoring, assorted labs, and | ||||||
| 13 | counseling to reduce the likelihood of HIV infection among | ||||||
| 14 | individuals who are not infected with HIV but who are at high | ||||||
| 15 | risk of HIV infection. | ||||||
| 16 | A federally qualified health center, as defined in Section | ||||||
| 17 | 1905(l)(2)(B) of the federal Social Security Act, shall be | ||||||
| 18 | reimbursed by the Department in accordance with the federally | ||||||
| 19 | qualified health center's encounter rate for services provided | ||||||
| 20 | to medical assistance recipients that are performed by a | ||||||
| 21 | dental hygienist, as defined under the Illinois Dental | ||||||
| 22 | Practice Act, working under the general supervision of a | ||||||
| 23 | dentist and employed by a federally qualified health center. | ||||||
| 24 | Within 90 days after October 8, 2021 (the effective date | ||||||
| 25 | of Public Act 102-665), the Department shall seek federal | ||||||
| 26 | approval of a State Plan amendment to expand coverage for | ||||||
| |||||||
| |||||||
| 1 | family planning services that includes presumptive eligibility | ||||||
| 2 | to individuals whose income is at or below 208% of the federal | ||||||
| 3 | poverty level. Coverage under this Section shall be effective | ||||||
| 4 | beginning no later than December 1, 2022. | ||||||
| 5 | Subject to approval by the federal Centers for Medicare | ||||||
| 6 | and Medicaid Services of a Title XIX State Plan amendment | ||||||
| 7 | electing the Program of All-Inclusive Care for the Elderly | ||||||
| 8 | (PACE) as a State Medicaid option, as provided for by Subtitle | ||||||
| 9 | I (commencing with Section 4801) of Title IV of the Balanced | ||||||
| 10 | Budget Act of 1997 (Public Law 105-33) and Part 460 | ||||||
| 11 | (commencing with Section 460.2) of Subchapter E of Title 42 of | ||||||
| 12 | the Code of Federal Regulations, PACE program services shall | ||||||
| 13 | become a covered benefit of the medical assistance program, | ||||||
| 14 | subject to criteria established in accordance with all | ||||||
| 15 | applicable laws. | ||||||
| 16 | Notwithstanding any other provision of this Code, | ||||||
| 17 | community-based pediatric palliative care from a trained | ||||||
| 18 | interdisciplinary team shall be covered under the medical | ||||||
| 19 | assistance program as provided in Section 15 of the Pediatric | ||||||
| 20 | Palliative Care Act. | ||||||
| 21 | Notwithstanding any other provision of this Code, within | ||||||
| 22 | 12 months after June 2, 2022 (the effective date of Public Act | ||||||
| 23 | 102-1037) and subject to federal approval, acupuncture | ||||||
| 24 | services performed by an acupuncturist licensed under the | ||||||
| 25 | Acupuncture Practice Act who is acting within the scope of his | ||||||
| 26 | or her license shall be covered under the medical assistance | ||||||
| |||||||
| |||||||
| 1 | program. The Department shall apply for any federal waiver or | ||||||
| 2 | State Plan amendment, if required, to implement this | ||||||
| 3 | paragraph. The Department may adopt any rules, including | ||||||
| 4 | standards and criteria, necessary to implement this paragraph. | ||||||
| 5 | Notwithstanding any other provision of this Code, the | ||||||
| 6 | medical assistance program shall, subject to federal approval, | ||||||
| 7 | reimburse hospitals for costs associated with a newborn | ||||||
| 8 | screening test for the presence of metachromatic | ||||||
| 9 | leukodystrophy, as required under the Newborn Metabolic | ||||||
| 10 | Screening Act, at a rate not less than the fee charged by the | ||||||
| 11 | Department of Public Health. Notwithstanding any other | ||||||
| 12 | provision of this Code, the medical assistance program shall, | ||||||
| 13 | subject to appropriation and federal approval, also reimburse | ||||||
| 14 | hospitals for costs associated with all newborn screening | ||||||
| 15 | tests added on and after August 9, 2024 (the effective date of | ||||||
| 16 | Public Act 103-909) this amendatory Act of the 103rd General | ||||||
| 17 | Assembly to the Newborn Metabolic Screening Act and required | ||||||
| 18 | to be performed under that Act at a rate not less than the fee | ||||||
| 19 | charged by the Department of Public Health. The Department | ||||||
| 20 | shall seek federal approval before the implementation of the | ||||||
| 21 | newborn screening test fees by the Department of Public | ||||||
| 22 | Health. | ||||||
| 23 | Notwithstanding any other provision of this Code, | ||||||
| 24 | beginning on January 1, 2024, subject to federal approval, | ||||||
| 25 | cognitive assessment and care planning services provided to a | ||||||
| 26 | person who experiences signs or symptoms of cognitive | ||||||
| |||||||
| |||||||
| 1 | impairment, as defined by the Diagnostic and Statistical | ||||||
| 2 | Manual of Mental Disorders, Fifth Edition, shall be covered | ||||||
| 3 | under the medical assistance program for persons who are | ||||||
| 4 | otherwise eligible for medical assistance under this Article. | ||||||
| 5 | Notwithstanding any other provision of this Code, | ||||||
| 6 | medically necessary reconstructive services that are intended | ||||||
| 7 | to restore physical appearance shall be covered under the | ||||||
| 8 | medical assistance program for persons who are otherwise | ||||||
| 9 | eligible for medical assistance under this Article. As used in | ||||||
| 10 | this paragraph, "reconstructive services" means treatments | ||||||
| 11 | performed on structures of the body damaged by trauma to | ||||||
| 12 | restore physical appearance. | ||||||
| 13 | (Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21; | ||||||
| 14 | 102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article | ||||||
| 15 | 55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, | ||||||
| 16 | eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; | ||||||
| 17 | 102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff. | ||||||
| 18 | 5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22; | ||||||
| 19 | 102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff. | ||||||
| 20 | 1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24; | ||||||
| 21 | 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff. | ||||||
| 22 | 1-1-24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593, | ||||||
| 23 | Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24; | ||||||
| 24 | 103-909, eff. 8-9-24; 103-1040, eff. 8-9-24; revised | ||||||
| 25 | 10-10-24.)
| ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 103-808) | ||||||
| 2 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 3 | rule, shall determine the quantity and quality of and the rate | ||||||
| 4 | of reimbursement for the medical assistance for which payment | ||||||
| 5 | will be authorized, and the medical services to be provided, | ||||||
| 6 | which may include all or part of the following: (1) inpatient | ||||||
| 7 | hospital services; (2) outpatient hospital services; (3) other | ||||||
| 8 | laboratory and X-ray services; (4) skilled nursing home | ||||||
| 9 | services; (5) physicians' services whether furnished in the | ||||||
| 10 | office, the patient's home, a hospital, a skilled nursing | ||||||
| 11 | home, or elsewhere; (6) medical care, or any other type of | ||||||
| 12 | remedial care furnished by licensed practitioners; (7) home | ||||||
| 13 | health care services; (8) private duty nursing service; (9) | ||||||
| 14 | clinic services; (10) dental services, including prevention | ||||||
| 15 | and treatment of periodontal disease and dental caries disease | ||||||
| 16 | for pregnant individuals, provided by an individual licensed | ||||||
| 17 | to practice dentistry or dental surgery; for purposes of this | ||||||
| 18 | item (10), "dental services" means diagnostic, preventive, or | ||||||
| 19 | corrective procedures provided by or under the supervision of | ||||||
| 20 | a dentist in the practice of his or her profession; (11) | ||||||
| 21 | physical therapy and related services; (12) prescribed drugs, | ||||||
| 22 | dentures, and prosthetic devices; and eyeglasses prescribed by | ||||||
| 23 | a physician skilled in the diseases of the eye, or by an | ||||||
| 24 | optometrist, whichever the person may select; (13) other | ||||||
| 25 | diagnostic, screening, preventive, and rehabilitative | ||||||
| 26 | services, including to ensure that the individual's need for | ||||||
| |||||||
| |||||||
| 1 | intervention or treatment of mental disorders or substance use | ||||||
| 2 | disorders or co-occurring mental health and substance use | ||||||
| 3 | disorders is determined using a uniform screening, assessment, | ||||||
| 4 | and evaluation process inclusive of criteria, for children and | ||||||
| 5 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 6 | assessment, and evaluation process refers to a process that | ||||||
| 7 | includes an appropriate evaluation and, as warranted, a | ||||||
| 8 | referral; "uniform" does not mean the use of a singular | ||||||
| 9 | instrument, tool, or process that all must utilize; (14) | ||||||
| 10 | transportation and such other expenses as may be necessary; | ||||||
| 11 | (15) medical treatment of sexual assault survivors, as defined | ||||||
| 12 | in Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 13 | Treatment Act, for injuries sustained as a result of the | ||||||
| 14 | sexual assault, including examinations and laboratory tests to | ||||||
| 15 | discover evidence which may be used in criminal proceedings | ||||||
| 16 | arising from the sexual assault; (16) the diagnosis and | ||||||
| 17 | treatment of sickle cell anemia; (16.5) services performed by | ||||||
| 18 | a chiropractic physician licensed under the Medical Practice | ||||||
| 19 | Act of 1987 and acting within the scope of his or her license, | ||||||
| 20 | including, but not limited to, chiropractic manipulative | ||||||
| 21 | treatment; and (17) any other medical care, and any other type | ||||||
| 22 | of remedial care recognized under the laws of this State. The | ||||||
| 23 | term "any other type of remedial care" shall include nursing | ||||||
| 24 | care and nursing home service for persons who rely on | ||||||
| 25 | treatment by spiritual means alone through prayer for healing. | ||||||
| 26 | Notwithstanding any other provision of this Section, a | ||||||
| |||||||
| |||||||
| 1 | comprehensive tobacco use cessation program that includes | ||||||
| 2 | purchasing prescription drugs or prescription medical devices | ||||||
| 3 | approved by the Food and Drug Administration shall be covered | ||||||
| 4 | under the medical assistance program under this Article for | ||||||
| 5 | persons who are otherwise eligible for assistance under this | ||||||
| 6 | Article. | ||||||
| 7 | Notwithstanding any other provision of this Code, | ||||||
| 8 | reproductive health care that is otherwise legal in Illinois | ||||||
| 9 | shall be covered under the medical assistance program for | ||||||
| 10 | persons who are otherwise eligible for medical assistance | ||||||
| 11 | under this Article. | ||||||
| 12 | Notwithstanding any other provision of this Section, all | ||||||
| 13 | tobacco cessation medications approved by the United States | ||||||
| 14 | Food and Drug Administration and all individual and group | ||||||
| 15 | tobacco cessation counseling services and telephone-based | ||||||
| 16 | counseling services and tobacco cessation medications provided | ||||||
| 17 | through the Illinois Tobacco Quitline shall be covered under | ||||||
| 18 | the medical assistance program for persons who are otherwise | ||||||
| 19 | eligible for assistance under this Article. The Department | ||||||
| 20 | shall comply with all federal requirements necessary to obtain | ||||||
| 21 | federal financial participation, as specified in 42 CFR | ||||||
| 22 | 433.15(b)(7), for telephone-based counseling services provided | ||||||
| 23 | through the Illinois Tobacco Quitline, including, but not | ||||||
| 24 | limited to: (i) entering into a memorandum of understanding or | ||||||
| 25 | interagency agreement with the Department of Public Health, as | ||||||
| 26 | administrator of the Illinois Tobacco Quitline; and (ii) | ||||||
| |||||||
| |||||||
| 1 | developing a cost allocation plan for Medicaid-allowable | ||||||
| 2 | Illinois Tobacco Quitline services in accordance with 45 CFR | ||||||
| 3 | 95.507. The Department shall submit the memorandum of | ||||||
| 4 | understanding or interagency agreement, the cost allocation | ||||||
| 5 | plan, and all other necessary documentation to the Centers for | ||||||
| 6 | Medicare and Medicaid Services for review and approval. | ||||||
| 7 | Coverage under this paragraph shall be contingent upon federal | ||||||
| 8 | approval. | ||||||
| 9 | Notwithstanding any other provision of this Code, the | ||||||
| 10 | Illinois Department may not require, as a condition of payment | ||||||
| 11 | for any laboratory test authorized under this Article, that a | ||||||
| 12 | physician's handwritten signature appear on the laboratory | ||||||
| 13 | test order form. The Illinois Department may, however, impose | ||||||
| 14 | other appropriate requirements regarding laboratory test order | ||||||
| 15 | documentation. | ||||||
| 16 | Upon receipt of federal approval of an amendment to the | ||||||
| 17 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
| 18 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
| 19 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
| 20 | enrolled in a school within the CPS system. CPS shall ensure | ||||||
| 21 | that its vendor or vendors are enrolled as providers in the | ||||||
| 22 | medical assistance program and in any capitated Medicaid | ||||||
| 23 | managed care entity (MCE) serving individuals enrolled in a | ||||||
| 24 | school within the CPS system. Under any contract procured | ||||||
| 25 | under this provision, the vendor or vendors must serve only | ||||||
| 26 | individuals enrolled in a school within the CPS system. Claims | ||||||
| |||||||
| |||||||
| 1 | for services provided by CPS's vendor or vendors to recipients | ||||||
| 2 | of benefits in the medical assistance program under this Code, | ||||||
| 3 | the Children's Health Insurance Program, or the Covering ALL | ||||||
| 4 | KIDS Health Insurance Program shall be submitted to the | ||||||
| 5 | Department or the MCE in which the individual is enrolled for | ||||||
| 6 | payment and shall be reimbursed at the Department's or the | ||||||
| 7 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
| 8 | On and after July 1, 2012, the Department of Healthcare | ||||||
| 9 | and Family Services may provide the following services to | ||||||
| 10 | persons eligible for assistance under this Article who are | ||||||
| 11 | participating in education, training or employment programs | ||||||
| 12 | operated by the Department of Human Services as successor to | ||||||
| 13 | the Department of Public Aid: | ||||||
| 14 | (1) dental services provided by or under the | ||||||
| 15 | supervision of a dentist; and | ||||||
| 16 | (2) eyeglasses prescribed by a physician skilled in | ||||||
| 17 | the diseases of the eye, or by an optometrist, whichever | ||||||
| 18 | the person may select. | ||||||
| 19 | On and after July 1, 2018, the Department of Healthcare | ||||||
| 20 | and Family Services shall provide dental services to any adult | ||||||
| 21 | who is otherwise eligible for assistance under the medical | ||||||
| 22 | assistance program. As used in this paragraph, "dental | ||||||
| 23 | services" means diagnostic, preventative, restorative, or | ||||||
| 24 | corrective procedures, including procedures and services for | ||||||
| 25 | the prevention and treatment of periodontal disease and dental | ||||||
| 26 | caries disease, provided by an individual who is licensed to | ||||||
| |||||||
| |||||||
| 1 | practice dentistry or dental surgery or who is under the | ||||||
| 2 | supervision of a dentist in the practice of his or her | ||||||
| 3 | profession. | ||||||
| 4 | On and after July 1, 2018, targeted dental services, as | ||||||
| 5 | set forth in Exhibit D of the Consent Decree entered by the | ||||||
| 6 | United States District Court for the Northern District of | ||||||
| 7 | Illinois, Eastern Division, in the matter of Memisovski v. | ||||||
| 8 | Maram, Case No. 92 C 1982, that are provided to adults under | ||||||
| 9 | the medical assistance program shall be established at no less | ||||||
| 10 | than the rates set forth in the "New Rate" column in Exhibit D | ||||||
| 11 | of the Consent Decree for targeted dental services that are | ||||||
| 12 | provided to persons under the age of 18 under the medical | ||||||
| 13 | assistance program. | ||||||
| 14 | Subject to federal approval, on and after January 1, 2025, | ||||||
| 15 | the rates paid for sedation evaluation and the provision of | ||||||
| 16 | deep sedation and intravenous sedation for the purpose of | ||||||
| 17 | dental services shall be increased by 33% above the rates in | ||||||
| 18 | effect on December 31, 2024. The rates paid for nitrous oxide | ||||||
| 19 | sedation shall not be impacted by this paragraph and shall | ||||||
| 20 | remain the same as the rates in effect on December 31, 2024. | ||||||
| 21 | Notwithstanding any other provision of this Code and | ||||||
| 22 | subject to federal approval, the Department may adopt rules to | ||||||
| 23 | allow a dentist who is volunteering his or her service at no | ||||||
| 24 | cost to render dental services through an enrolled | ||||||
| 25 | not-for-profit health clinic without the dentist personally | ||||||
| 26 | enrolling as a participating provider in the medical | ||||||
| |||||||
| |||||||
| 1 | assistance program. A not-for-profit health clinic shall | ||||||
| 2 | include a public health clinic or Federally Qualified Health | ||||||
| 3 | Center or other enrolled provider, as determined by the | ||||||
| 4 | Department, through which dental services covered under this | ||||||
| 5 | Section are performed. The Department shall establish a | ||||||
| 6 | process for payment of claims for reimbursement for covered | ||||||
| 7 | dental services rendered under this provision. | ||||||
| 8 | Subject to appropriation and to federal approval, the | ||||||
| 9 | Department shall file administrative rules updating the | ||||||
| 10 | Handicapping Labio-Lingual Deviation orthodontic scoring tool | ||||||
| 11 | by January 1, 2025, or as soon as practicable. | ||||||
| 12 | On and after January 1, 2022, the Department of Healthcare | ||||||
| 13 | and Family Services shall administer and regulate a | ||||||
| 14 | school-based dental program that allows for the out-of-office | ||||||
| 15 | delivery of preventative dental services in a school setting | ||||||
| 16 | to children under 19 years of age. The Department shall | ||||||
| 17 | establish, by rule, guidelines for participation by providers | ||||||
| 18 | and set requirements for follow-up referral care based on the | ||||||
| 19 | requirements established in the Dental Office Reference Manual | ||||||
| 20 | published by the Department that establishes the requirements | ||||||
| 21 | for dentists participating in the All Kids Dental School | ||||||
| 22 | Program. Every effort shall be made by the Department when | ||||||
| 23 | developing the program requirements to consider the different | ||||||
| 24 | geographic differences of both urban and rural areas of the | ||||||
| 25 | State for initial treatment and necessary follow-up care. No | ||||||
| 26 | provider shall be charged a fee by any unit of local government | ||||||
| |||||||
| |||||||
| 1 | to participate in the school-based dental program administered | ||||||
| 2 | by the Department. Nothing in this paragraph shall be | ||||||
| 3 | construed to limit or preempt a home rule unit's or school | ||||||
| 4 | district's authority to establish, change, or administer a | ||||||
| 5 | school-based dental program in addition to, or independent of, | ||||||
| 6 | the school-based dental program administered by the | ||||||
| 7 | Department. | ||||||
| 8 | The Illinois Department, by rule, may distinguish and | ||||||
| 9 | classify the medical services to be provided only in | ||||||
| 10 | accordance with the classes of persons designated in Section | ||||||
| 11 | 5-2. | ||||||
| 12 | The Department of Healthcare and Family Services must | ||||||
| 13 | provide coverage and reimbursement for amino acid-based | ||||||
| 14 | elemental formulas, regardless of delivery method, for the | ||||||
| 15 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 16 | short bowel syndrome when the prescribing physician has issued | ||||||
| 17 | a written order stating that the amino acid-based elemental | ||||||
| 18 | formula is medically necessary. | ||||||
| 19 | The Illinois Department shall authorize the provision of, | ||||||
| 20 | and shall authorize payment for, screening by low-dose | ||||||
| 21 | mammography for the presence of occult breast cancer for | ||||||
| 22 | individuals 35 years of age or older who are eligible for | ||||||
| 23 | medical assistance under this Article, as follows: | ||||||
| 24 | (A) A baseline mammogram for individuals 35 to 39 | ||||||
| 25 | years of age. | ||||||
| 26 | (B) An annual mammogram for individuals 40 years of | ||||||
| |||||||
| |||||||
| 1 | age or older. | ||||||
| 2 | (C) A mammogram at the age and intervals considered | ||||||
| 3 | medically necessary by the individual's health care | ||||||
| 4 | provider for individuals under 40 years of age and having | ||||||
| 5 | a family history of breast cancer, prior personal history | ||||||
| 6 | of breast cancer, positive genetic testing, or other risk | ||||||
| 7 | factors. | ||||||
| 8 | (D) A comprehensive ultrasound screening and MRI of an | ||||||
| 9 | entire breast or breasts if a mammogram demonstrates | ||||||
| 10 | heterogeneous or dense breast tissue or when medically | ||||||
| 11 | necessary as determined by a physician licensed to | ||||||
| 12 | practice medicine in all of its branches. | ||||||
| 13 | (E) A screening MRI when medically necessary, as | ||||||
| 14 | determined by a physician licensed to practice medicine in | ||||||
| 15 | all of its branches. | ||||||
| 16 | (F) A diagnostic mammogram when medically necessary, | ||||||
| 17 | as determined by a physician licensed to practice medicine | ||||||
| 18 | in all its branches, advanced practice registered nurse, | ||||||
| 19 | or physician assistant. | ||||||
| 20 | (G) Molecular breast imaging (MBI) and MRI of an | ||||||
| 21 | entire breast or breasts if a mammogram demonstrates | ||||||
| 22 | heterogeneous or dense breast tissue or when medically | ||||||
| 23 | necessary as determined by a physician licensed to | ||||||
| 24 | practice medicine in all of its branches, advanced | ||||||
| 25 | practice registered nurse, or physician assistant. | ||||||
| 26 | The Department shall not impose a deductible, coinsurance, | ||||||
| |||||||
| |||||||
| 1 | copayment, or any other cost-sharing requirement on the | ||||||
| 2 | coverage provided under this paragraph; except that this | ||||||
| 3 | sentence does not apply to coverage of diagnostic mammograms | ||||||
| 4 | to the extent such coverage would disqualify a high-deductible | ||||||
| 5 | health plan from eligibility for a health savings account | ||||||
| 6 | pursuant to Section 223 of the Internal Revenue Code (26 | ||||||
| 7 | U.S.C. 223). | ||||||
| 8 | All screenings shall include a physical breast exam, | ||||||
| 9 | instruction on self-examination and information regarding the | ||||||
| 10 | frequency of self-examination and its value as a preventative | ||||||
| 11 | tool. | ||||||
| 12 | For purposes of this Section: | ||||||
| 13 | "Diagnostic mammogram" means a mammogram obtained using | ||||||
| 14 | diagnostic mammography. | ||||||
| 15 | "Diagnostic mammography" means a method of screening that | ||||||
| 16 | is designed to evaluate an abnormality in a breast, including | ||||||
| 17 | an abnormality seen or suspected on a screening mammogram or a | ||||||
| 18 | subjective or objective abnormality otherwise detected in the | ||||||
| 19 | breast. | ||||||
| 20 | "Low-dose mammography" means the x-ray examination of the | ||||||
| 21 | breast using equipment dedicated specifically for mammography, | ||||||
| 22 | including the x-ray tube, filter, compression device, and | ||||||
| 23 | image receptor, with an average radiation exposure delivery of | ||||||
| 24 | less than one rad per breast for 2 views of an average size | ||||||
| 25 | breast. The term also includes digital mammography and | ||||||
| 26 | includes breast tomosynthesis. | ||||||
| |||||||
| |||||||
| 1 | "Breast tomosynthesis" means a radiologic procedure that | ||||||
| 2 | involves the acquisition of projection images over the | ||||||
| 3 | stationary breast to produce cross-sectional digital | ||||||
| 4 | three-dimensional images of the breast. | ||||||
| 5 | If, at any time, the Secretary of the United States | ||||||
| 6 | Department of Health and Human Services, or its successor | ||||||
| 7 | agency, promulgates rules or regulations to be published in | ||||||
| 8 | the Federal Register or publishes a comment in the Federal | ||||||
| 9 | Register or issues an opinion, guidance, or other action that | ||||||
| 10 | would require the State, pursuant to any provision of the | ||||||
| 11 | Patient Protection and Affordable Care Act (Public Law | ||||||
| 12 | 111-148), including, but not limited to, 42 U.S.C. | ||||||
| 13 | 18031(d)(3)(B) or any successor provision, to defray the cost | ||||||
| 14 | of any coverage for breast tomosynthesis outlined in this | ||||||
| 15 | paragraph, then the requirement that an insurer cover breast | ||||||
| 16 | tomosynthesis is inoperative other than any such coverage | ||||||
| 17 | authorized under Section 1902 of the Social Security Act, 42 | ||||||
| 18 | U.S.C. 1396a, and the State shall not assume any obligation | ||||||
| 19 | for the cost of coverage for breast tomosynthesis set forth in | ||||||
| 20 | this paragraph. | ||||||
| 21 | On and after January 1, 2016, the Department shall ensure | ||||||
| 22 | that all networks of care for adult clients of the Department | ||||||
| 23 | include access to at least one breast imaging Center of | ||||||
| 24 | Imaging Excellence as certified by the American College of | ||||||
| 25 | Radiology. | ||||||
| 26 | On and after January 1, 2012, providers participating in a | ||||||
| |||||||
| |||||||
| 1 | quality improvement program approved by the Department shall | ||||||
| 2 | be reimbursed for screening and diagnostic mammography at the | ||||||
| 3 | same rate as the Medicare program's rates, including the | ||||||
| 4 | increased reimbursement for digital mammography and, after | ||||||
| 5 | January 1, 2023 (the effective date of Public Act 102-1018), | ||||||
| 6 | breast tomosynthesis. | ||||||
| 7 | The Department shall convene an expert panel including | ||||||
| 8 | representatives of hospitals, free-standing mammography | ||||||
| 9 | facilities, and doctors, including radiologists, to establish | ||||||
| 10 | quality standards for mammography. | ||||||
| 11 | On and after January 1, 2017, providers participating in a | ||||||
| 12 | breast cancer treatment quality improvement program approved | ||||||
| 13 | by the Department shall be reimbursed for breast cancer | ||||||
| 14 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
| 15 | program's rates for the data elements included in the breast | ||||||
| 16 | cancer treatment quality program. | ||||||
| 17 | The Department shall convene an expert panel, including | ||||||
| 18 | representatives of hospitals, free-standing breast cancer | ||||||
| 19 | treatment centers, breast cancer quality organizations, and | ||||||
| 20 | doctors, including radiologists that are trained in all forms | ||||||
| 21 | of FDA-approved FDA approved breast imaging technologies, | ||||||
| 22 | breast surgeons, reconstructive breast surgeons, oncologists, | ||||||
| 23 | and primary care providers to establish quality standards for | ||||||
| 24 | breast cancer treatment. | ||||||
| 25 | Subject to federal approval, the Department shall | ||||||
| 26 | establish a rate methodology for mammography at federally | ||||||
| |||||||
| |||||||
| 1 | qualified health centers and other encounter-rate clinics. | ||||||
| 2 | These clinics or centers may also collaborate with other | ||||||
| 3 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
| 4 | Department shall report to the General Assembly on the status | ||||||
| 5 | of the provision set forth in this paragraph. | ||||||
| 6 | The Department shall establish a methodology to remind | ||||||
| 7 | individuals who are age-appropriate for screening mammography, | ||||||
| 8 | but who have not received a mammogram within the previous 18 | ||||||
| 9 | months, of the importance and benefit of screening | ||||||
| 10 | mammography. The Department shall work with experts in breast | ||||||
| 11 | cancer outreach and patient navigation to optimize these | ||||||
| 12 | reminders and shall establish a methodology for evaluating | ||||||
| 13 | their effectiveness and modifying the methodology based on the | ||||||
| 14 | evaluation. | ||||||
| 15 | The Department shall establish a performance goal for | ||||||
| 16 | primary care providers with respect to their female patients | ||||||
| 17 | over age 40 receiving an annual mammogram. This performance | ||||||
| 18 | goal shall be used to provide additional reimbursement in the | ||||||
| 19 | form of a quality performance bonus to primary care providers | ||||||
| 20 | who meet that goal. | ||||||
| 21 | The Department shall devise a means of case-managing or | ||||||
| 22 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 23 | cancer. This program shall initially operate as a pilot | ||||||
| 24 | program in areas of the State with the highest incidence of | ||||||
| 25 | mortality related to breast cancer. At least one pilot program | ||||||
| 26 | site shall be in the metropolitan Chicago area and at least one | ||||||
| |||||||
| |||||||
| 1 | site shall be outside the metropolitan Chicago area. On or | ||||||
| 2 | after July 1, 2016, the pilot program shall be expanded to | ||||||
| 3 | include one site in western Illinois, one site in southern | ||||||
| 4 | Illinois, one site in central Illinois, and 4 sites within | ||||||
| 5 | metropolitan Chicago. An evaluation of the pilot program shall | ||||||
| 6 | be carried out measuring health outcomes and cost of care for | ||||||
| 7 | those served by the pilot program compared to similarly | ||||||
| 8 | situated patients who are not served by the pilot program. | ||||||
| 9 | The Department shall require all networks of care to | ||||||
| 10 | develop a means either internally or by contract with experts | ||||||
| 11 | in navigation and community outreach to navigate cancer | ||||||
| 12 | patients to comprehensive care in a timely fashion. The | ||||||
| 13 | Department shall require all networks of care to include | ||||||
| 14 | access for patients diagnosed with cancer to at least one | ||||||
| 15 | academic commission on cancer-accredited cancer program as an | ||||||
| 16 | in-network covered benefit. | ||||||
| 17 | The Department shall provide coverage and reimbursement | ||||||
| 18 | for a human papillomavirus (HPV) vaccine that is approved for | ||||||
| 19 | marketing by the federal Food and Drug Administration for all | ||||||
| 20 | persons between the ages of 9 and 45. Subject to federal | ||||||
| 21 | approval, the Department shall provide coverage and | ||||||
| 22 | reimbursement for a human papillomavirus (HPV) vaccine for | ||||||
| 23 | persons of the age of 46 and above who have been diagnosed with | ||||||
| 24 | cervical dysplasia with a high risk of recurrence or | ||||||
| 25 | progression. The Department shall disallow any | ||||||
| 26 | preauthorization requirements for the administration of the | ||||||
| |||||||
| |||||||
| 1 | human papillomavirus (HPV) vaccine. | ||||||
| 2 | On or after July 1, 2022, individuals who are otherwise | ||||||
| 3 | eligible for medical assistance under this Article shall | ||||||
| 4 | receive coverage for perinatal depression screenings for the | ||||||
| 5 | 12-month period beginning on the last day of their pregnancy. | ||||||
| 6 | Medical assistance coverage under this paragraph shall be | ||||||
| 7 | conditioned on the use of a screening instrument approved by | ||||||
| 8 | the Department. | ||||||
| 9 | Any medical or health care provider shall immediately | ||||||
| 10 | recommend, to any pregnant individual who is being provided | ||||||
| 11 | prenatal services and is suspected of having a substance use | ||||||
| 12 | disorder as defined in the Substance Use Disorder Act, | ||||||
| 13 | referral to a local substance use disorder treatment program | ||||||
| 14 | licensed by the Department of Human Services or to a licensed | ||||||
| 15 | hospital which provides substance abuse treatment services. | ||||||
| 16 | The Department of Healthcare and Family Services shall assure | ||||||
| 17 | coverage for the cost of treatment of the drug abuse or | ||||||
| 18 | addiction for pregnant recipients in accordance with the | ||||||
| 19 | Illinois Medicaid Program in conjunction with the Department | ||||||
| 20 | of Human Services. | ||||||
| 21 | All medical providers providing medical assistance to | ||||||
| 22 | pregnant individuals under this Code shall receive information | ||||||
| 23 | from the Department on the availability of services under any | ||||||
| 24 | program providing case management services for addicted | ||||||
| 25 | individuals, including information on appropriate referrals | ||||||
| 26 | for other social services that may be needed by addicted | ||||||
| |||||||
| |||||||
| 1 | individuals in addition to treatment for addiction. | ||||||
| 2 | The Illinois Department, in cooperation with the | ||||||
| 3 | Departments of Human Services (as successor to the Department | ||||||
| 4 | of Alcoholism and Substance Abuse) and Public Health, through | ||||||
| 5 | a public awareness campaign, may provide information | ||||||
| 6 | concerning treatment for alcoholism and drug abuse and | ||||||
| 7 | addiction, prenatal health care, and other pertinent programs | ||||||
| 8 | directed at reducing the number of drug-affected infants born | ||||||
| 9 | to recipients of medical assistance. | ||||||
| 10 | Neither the Department of Healthcare and Family Services | ||||||
| 11 | nor the Department of Human Services shall sanction the | ||||||
| 12 | recipient solely on the basis of the recipient's substance | ||||||
| 13 | abuse. | ||||||
| 14 | The Illinois Department shall establish such regulations | ||||||
| 15 | governing the dispensing of health services under this Article | ||||||
| 16 | as it shall deem appropriate. The Department should seek the | ||||||
| 17 | advice of formal professional advisory committees appointed by | ||||||
| 18 | the Director of the Illinois Department for the purpose of | ||||||
| 19 | providing regular advice on policy and administrative matters, | ||||||
| 20 | information dissemination and educational activities for | ||||||
| 21 | medical and health care providers, and consistency in | ||||||
| 22 | procedures to the Illinois Department. | ||||||
| 23 | The Illinois Department may develop and contract with | ||||||
| 24 | Partnerships of medical providers to arrange medical services | ||||||
| 25 | for persons eligible under Section 5-2 of this Code. | ||||||
| 26 | Implementation of this Section may be by demonstration | ||||||
| |||||||
| |||||||
| 1 | projects in certain geographic areas. The Partnership shall be | ||||||
| 2 | represented by a sponsor organization. The Department, by | ||||||
| 3 | rule, shall develop qualifications for sponsors of | ||||||
| 4 | Partnerships. Nothing in this Section shall be construed to | ||||||
| 5 | require that the sponsor organization be a medical | ||||||
| 6 | organization. | ||||||
| 7 | The sponsor must negotiate formal written contracts with | ||||||
| 8 | medical providers for physician services, inpatient and | ||||||
| 9 | outpatient hospital care, home health services, treatment for | ||||||
| 10 | alcoholism and substance abuse, and other services determined | ||||||
| 11 | necessary by the Illinois Department by rule for delivery by | ||||||
| 12 | Partnerships. Physician services must include prenatal and | ||||||
| 13 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 14 | medical services delivered by Partnership providers to clients | ||||||
| 15 | in target areas according to provisions of this Article and | ||||||
| 16 | the Illinois Health Finance Reform Act, except that: | ||||||
| 17 | (1) Physicians participating in a Partnership and | ||||||
| 18 | providing certain services, which shall be determined by | ||||||
| 19 | the Illinois Department, to persons in areas covered by | ||||||
| 20 | the Partnership may receive an additional surcharge for | ||||||
| 21 | such services. | ||||||
| 22 | (2) The Department may elect to consider and negotiate | ||||||
| 23 | financial incentives to encourage the development of | ||||||
| 24 | Partnerships and the efficient delivery of medical care. | ||||||
| 25 | (3) Persons receiving medical services through | ||||||
| 26 | Partnerships may receive medical and case management | ||||||
| |||||||
| |||||||
| 1 | services above the level usually offered through the | ||||||
| 2 | medical assistance program. | ||||||
| 3 | Medical providers shall be required to meet certain | ||||||
| 4 | qualifications to participate in Partnerships to ensure the | ||||||
| 5 | delivery of high quality medical services. These | ||||||
| 6 | qualifications shall be determined by rule of the Illinois | ||||||
| 7 | Department and may be higher than qualifications for | ||||||
| 8 | participation in the medical assistance program. Partnership | ||||||
| 9 | sponsors may prescribe reasonable additional qualifications | ||||||
| 10 | for participation by medical providers, only with the prior | ||||||
| 11 | written approval of the Illinois Department. | ||||||
| 12 | Nothing in this Section shall limit the free choice of | ||||||
| 13 | practitioners, hospitals, and other providers of medical | ||||||
| 14 | services by clients. In order to ensure patient freedom of | ||||||
| 15 | choice, the Illinois Department shall immediately promulgate | ||||||
| 16 | all rules and take all other necessary actions so that | ||||||
| 17 | provided services may be accessed from therapeutically | ||||||
| 18 | certified optometrists to the full extent of the Illinois | ||||||
| 19 | Optometric Practice Act of 1987 without discriminating between | ||||||
| 20 | service providers. | ||||||
| 21 | The Department shall apply for a waiver from the United | ||||||
| 22 | States Health Care Financing Administration to allow for the | ||||||
| 23 | implementation of Partnerships under this Section. | ||||||
| 24 | The Illinois Department shall require health care | ||||||
| 25 | providers to maintain records that document the medical care | ||||||
| 26 | and services provided to recipients of Medical Assistance | ||||||
| |||||||
| |||||||
| 1 | under this Article. Such records must be retained for a period | ||||||
| 2 | of not less than 6 years from the date of service or as | ||||||
| 3 | provided by applicable State law, whichever period is longer, | ||||||
| 4 | except that if an audit is initiated within the required | ||||||
| 5 | retention period then the records must be retained until the | ||||||
| 6 | audit is completed and every exception is resolved. The | ||||||
| 7 | Illinois Department shall require health care providers to | ||||||
| 8 | make available, when authorized by the patient, in writing, | ||||||
| 9 | the medical records in a timely fashion to other health care | ||||||
| 10 | providers who are treating or serving persons eligible for | ||||||
| 11 | Medical Assistance under this Article. All dispensers of | ||||||
| 12 | medical services shall be required to maintain and retain | ||||||
| 13 | business and professional records sufficient to fully and | ||||||
| 14 | accurately document the nature, scope, details and receipt of | ||||||
| 15 | the health care provided to persons eligible for medical | ||||||
| 16 | assistance under this Code, in accordance with regulations | ||||||
| 17 | promulgated by the Illinois Department. The rules and | ||||||
| 18 | regulations shall require that proof of the receipt of | ||||||
| 19 | prescription drugs, dentures, prosthetic devices and | ||||||
| 20 | eyeglasses by eligible persons under this Section accompany | ||||||
| 21 | each claim for reimbursement submitted by the dispenser of | ||||||
| 22 | such medical services. No such claims for reimbursement shall | ||||||
| 23 | be approved for payment by the Illinois Department without | ||||||
| 24 | such proof of receipt, unless the Illinois Department shall | ||||||
| 25 | have put into effect and shall be operating a system of | ||||||
| 26 | post-payment audit and review which shall, on a sampling | ||||||
| |||||||
| |||||||
| 1 | basis, be deemed adequate by the Illinois Department to assure | ||||||
| 2 | that such drugs, dentures, prosthetic devices and eyeglasses | ||||||
| 3 | for which payment is being made are actually being received by | ||||||
| 4 | eligible recipients. Within 90 days after September 16, 1984 | ||||||
| 5 | (the effective date of Public Act 83-1439), the Illinois | ||||||
| 6 | Department shall establish a current list of acquisition costs | ||||||
| 7 | for all prosthetic devices and any other items recognized as | ||||||
| 8 | medical equipment and supplies reimbursable under this Article | ||||||
| 9 | and shall update such list on a quarterly basis, except that | ||||||
| 10 | the acquisition costs of all prescription drugs shall be | ||||||
| 11 | updated no less frequently than every 30 days as required by | ||||||
| 12 | Section 5-5.12. | ||||||
| 13 | Notwithstanding any other law to the contrary, the | ||||||
| 14 | Illinois Department shall, within 365 days after July 22, 2013 | ||||||
| 15 | (the effective date of Public Act 98-104), establish | ||||||
| 16 | procedures to permit skilled care facilities licensed under | ||||||
| 17 | the Nursing Home Care Act to submit monthly billing claims for | ||||||
| 18 | reimbursement purposes. Following development of these | ||||||
| 19 | procedures, the Department shall, by July 1, 2016, test the | ||||||
| 20 | viability of the new system and implement any necessary | ||||||
| 21 | operational or structural changes to its information | ||||||
| 22 | technology platforms in order to allow for the direct | ||||||
| 23 | acceptance and payment of nursing home claims. | ||||||
| 24 | Notwithstanding any other law to the contrary, the | ||||||
| 25 | Illinois Department shall, within 365 days after August 15, | ||||||
| 26 | 2014 (the effective date of Public Act 98-963), establish | ||||||
| |||||||
| |||||||
| 1 | procedures to permit ID/DD facilities licensed under the ID/DD | ||||||
| 2 | Community Care Act and MC/DD facilities licensed under the | ||||||
| 3 | MC/DD Act to submit monthly billing claims for reimbursement | ||||||
| 4 | purposes. Following development of these procedures, the | ||||||
| 5 | Department shall have an additional 365 days to test the | ||||||
| 6 | viability of the new system and to ensure that any necessary | ||||||
| 7 | operational or structural changes to its information | ||||||
| 8 | technology platforms are implemented. | ||||||
| 9 | The Illinois Department shall require all dispensers of | ||||||
| 10 | medical services, other than an individual practitioner or | ||||||
| 11 | group of practitioners, desiring to participate in the Medical | ||||||
| 12 | Assistance program established under this Article to disclose | ||||||
| 13 | all financial, beneficial, ownership, equity, surety or other | ||||||
| 14 | interests in any and all firms, corporations, partnerships, | ||||||
| 15 | associations, business enterprises, joint ventures, agencies, | ||||||
| 16 | institutions or other legal entities providing any form of | ||||||
| 17 | health care services in this State under this Article. | ||||||
| 18 | The Illinois Department may require that all dispensers of | ||||||
| 19 | medical services desiring to participate in the medical | ||||||
| 20 | assistance program established under this Article disclose, | ||||||
| 21 | under such terms and conditions as the Illinois Department may | ||||||
| 22 | by rule establish, all inquiries from clients and attorneys | ||||||
| 23 | regarding medical bills paid by the Illinois Department, which | ||||||
| 24 | inquiries could indicate potential existence of claims or | ||||||
| 25 | liens for the Illinois Department. | ||||||
| 26 | Enrollment of a vendor shall be subject to a provisional | ||||||
| |||||||
| |||||||
| 1 | period and shall be conditional for one year. During the | ||||||
| 2 | period of conditional enrollment, the Department may terminate | ||||||
| 3 | the vendor's eligibility to participate in, or may disenroll | ||||||
| 4 | the vendor from, the medical assistance program without cause. | ||||||
| 5 | Unless otherwise specified, such termination of eligibility or | ||||||
| 6 | disenrollment is not subject to the Department's hearing | ||||||
| 7 | process. However, a disenrolled vendor may reapply without | ||||||
| 8 | penalty. | ||||||
| 9 | The Department has the discretion to limit the conditional | ||||||
| 10 | enrollment period for vendors based upon the category of risk | ||||||
| 11 | of the vendor. | ||||||
| 12 | Prior to enrollment and during the conditional enrollment | ||||||
| 13 | period in the medical assistance program, all vendors shall be | ||||||
| 14 | subject to enhanced oversight, screening, and review based on | ||||||
| 15 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 16 | category of risk of the vendor. The Illinois Department shall | ||||||
| 17 | establish the procedures for oversight, screening, and review, | ||||||
| 18 | which may include, but need not be limited to: criminal and | ||||||
| 19 | financial background checks; fingerprinting; license, | ||||||
| 20 | certification, and authorization verifications; unscheduled or | ||||||
| 21 | unannounced site visits; database checks; prepayment audit | ||||||
| 22 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 23 | screening as required by federal or State law. | ||||||
| 24 | The Department shall define or specify the following: (i) | ||||||
| 25 | by provider notice, the "category of risk of the vendor" for | ||||||
| 26 | each type of vendor, which shall take into account the level of | ||||||
| |||||||
| |||||||
| 1 | screening applicable to a particular category of vendor under | ||||||
| 2 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 3 | the maximum length of the conditional enrollment period for | ||||||
| 4 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 5 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 6 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 7 | the conditional enrollment period. | ||||||
| 8 | To be eligible for payment consideration, a vendor's | ||||||
| 9 | payment claim or bill, either as an initial claim or as a | ||||||
| 10 | resubmitted claim following prior rejection, must be received | ||||||
| 11 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 12 | later than 180 days after the latest date on the claim on which | ||||||
| 13 | medical goods or services were provided, with the following | ||||||
| 14 | exceptions: | ||||||
| 15 | (1) In the case of a provider whose enrollment is in | ||||||
| 16 | process by the Illinois Department, the 180-day period | ||||||
| 17 | shall not begin until the date on the written notice from | ||||||
| 18 | the Illinois Department that the provider enrollment is | ||||||
| 19 | complete. | ||||||
| 20 | (2) In the case of errors attributable to the Illinois | ||||||
| 21 | Department or any of its claims processing intermediaries | ||||||
| 22 | which result in an inability to receive, process, or | ||||||
| 23 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 24 | until the provider has been notified of the error. | ||||||
| 25 | (3) In the case of a provider for whom the Illinois | ||||||
| 26 | Department initiates the monthly billing process. | ||||||
| |||||||
| |||||||
| 1 | (4) In the case of a provider operated by a unit of | ||||||
| 2 | local government with a population exceeding 3,000,000 | ||||||
| 3 | when local government funds finance federal participation | ||||||
| 4 | for claims payments. | ||||||
| 5 | For claims for services rendered during a period for which | ||||||
| 6 | a recipient received retroactive eligibility, claims must be | ||||||
| 7 | filed within 180 days after the Department determines the | ||||||
| 8 | applicant is eligible. For claims for which the Illinois | ||||||
| 9 | Department is not the primary payer, claims must be submitted | ||||||
| 10 | to the Illinois Department within 180 days after the final | ||||||
| 11 | adjudication by the primary payer. | ||||||
| 12 | In the case of long term care facilities, within 120 | ||||||
| 13 | calendar days of receipt by the facility of required | ||||||
| 14 | prescreening information, new admissions with associated | ||||||
| 15 | admission documents shall be submitted through the Medical | ||||||
| 16 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
| 17 | Eligibility Verification (REV) System or shall be submitted | ||||||
| 18 | directly to the Department of Human Services using required | ||||||
| 19 | admission forms. Effective September 1, 2014, admission | ||||||
| 20 | documents, including all prescreening information, must be | ||||||
| 21 | submitted through MEDI or REV. Confirmation numbers assigned | ||||||
| 22 | to an accepted transaction shall be retained by a facility to | ||||||
| 23 | verify timely submittal. Once an admission transaction has | ||||||
| 24 | been completed, all resubmitted claims following prior | ||||||
| 25 | rejection are subject to receipt no later than 180 days after | ||||||
| 26 | the admission transaction has been completed. | ||||||
| |||||||
| |||||||
| 1 | Claims that are not submitted and received in compliance | ||||||
| 2 | with the foregoing requirements shall not be eligible for | ||||||
| 3 | payment under the medical assistance program, and the State | ||||||
| 4 | shall have no liability for payment of those claims. | ||||||
| 5 | To the extent consistent with applicable information and | ||||||
| 6 | privacy, security, and disclosure laws, State and federal | ||||||
| 7 | agencies and departments shall provide the Illinois Department | ||||||
| 8 | access to confidential and other information and data | ||||||
| 9 | necessary to perform eligibility and payment verifications and | ||||||
| 10 | other Illinois Department functions. This includes, but is not | ||||||
| 11 | limited to: information pertaining to licensure; | ||||||
| 12 | certification; earnings; immigration status; citizenship; wage | ||||||
| 13 | reporting; unearned and earned income; pension income; | ||||||
| 14 | employment; supplemental security income; social security | ||||||
| 15 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 16 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 17 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 18 | corporate information; and death records. | ||||||
| 19 | The Illinois Department shall enter into agreements with | ||||||
| 20 | State agencies and departments, and is authorized to enter | ||||||
| 21 | into agreements with federal agencies and departments, under | ||||||
| 22 | which such agencies and departments shall share data necessary | ||||||
| 23 | for medical assistance program integrity functions and | ||||||
| 24 | oversight. The Illinois Department shall develop, in | ||||||
| 25 | cooperation with other State departments and agencies, and in | ||||||
| 26 | compliance with applicable federal laws and regulations, | ||||||
| |||||||
| |||||||
| 1 | appropriate and effective methods to share such data. At a | ||||||
| 2 | minimum, and to the extent necessary to provide data sharing, | ||||||
| 3 | the Illinois Department shall enter into agreements with State | ||||||
| 4 | agencies and departments, and is authorized to enter into | ||||||
| 5 | agreements with federal agencies and departments, including, | ||||||
| 6 | but not limited to: the Secretary of State; the Department of | ||||||
| 7 | Revenue; the Department of Public Health; the Department of | ||||||
| 8 | Human Services; and the Department of Financial and | ||||||
| 9 | Professional Regulation. | ||||||
| 10 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 11 | shall set forth a request for information to identify the | ||||||
| 12 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 13 | claims system with the goals of streamlining claims processing | ||||||
| 14 | and provider reimbursement, reducing the number of pending or | ||||||
| 15 | rejected claims, and helping to ensure a more transparent | ||||||
| 16 | adjudication process through the utilization of: (i) provider | ||||||
| 17 | data verification and provider screening technology; and (ii) | ||||||
| 18 | clinical code editing; and (iii) pre-pay, pre-adjudicated, or | ||||||
| 19 | post-adjudicated predictive modeling with an integrated case | ||||||
| 20 | management system with link analysis. Such a request for | ||||||
| 21 | information shall not be considered as a request for proposal | ||||||
| 22 | or as an obligation on the part of the Illinois Department to | ||||||
| 23 | take any action or acquire any products or services. | ||||||
| 24 | The Illinois Department shall establish policies, | ||||||
| 25 | procedures, standards and criteria by rule for the | ||||||
| 26 | acquisition, repair and replacement of orthotic and prosthetic | ||||||
| |||||||
| |||||||
| 1 | devices and durable medical equipment. Such rules shall | ||||||
| 2 | provide, but not be limited to, the following services: (1) | ||||||
| 3 | immediate repair or replacement of such devices by recipients; | ||||||
| 4 | and (2) rental, lease, purchase or lease-purchase of durable | ||||||
| 5 | medical equipment in a cost-effective manner, taking into | ||||||
| 6 | consideration the recipient's medical prognosis, the extent of | ||||||
| 7 | the recipient's needs, and the requirements and costs for | ||||||
| 8 | maintaining such equipment. Subject to prior approval, such | ||||||
| 9 | rules shall enable a recipient to temporarily acquire and use | ||||||
| 10 | alternative or substitute devices or equipment pending repairs | ||||||
| 11 | or replacements of any device or equipment previously | ||||||
| 12 | authorized for such recipient by the Department. | ||||||
| 13 | Notwithstanding any provision of Section 5-5f to the contrary, | ||||||
| 14 | the Department may, by rule, exempt certain replacement | ||||||
| 15 | wheelchair parts from prior approval and, for wheelchairs, | ||||||
| 16 | wheelchair parts, wheelchair accessories, and related seating | ||||||
| 17 | and positioning items, determine the wholesale price by | ||||||
| 18 | methods other than actual acquisition costs. | ||||||
| 19 | The Department shall require, by rule, all providers of | ||||||
| 20 | durable medical equipment to be accredited by an accreditation | ||||||
| 21 | organization approved by the federal Centers for Medicare and | ||||||
| 22 | Medicaid Services and recognized by the Department in order to | ||||||
| 23 | bill the Department for providing durable medical equipment to | ||||||
| 24 | recipients. No later than 15 months after the effective date | ||||||
| 25 | of the rule adopted pursuant to this paragraph, all providers | ||||||
| 26 | must meet the accreditation requirement. | ||||||
| |||||||
| |||||||
| 1 | In order to promote environmental responsibility, meet the | ||||||
| 2 | needs of recipients and enrollees, and achieve significant | ||||||
| 3 | cost savings, the Department, or a managed care organization | ||||||
| 4 | under contract with the Department, may provide recipients or | ||||||
| 5 | managed care enrollees who have a prescription or Certificate | ||||||
| 6 | of Medical Necessity access to refurbished durable medical | ||||||
| 7 | equipment under this Section (excluding prosthetic and | ||||||
| 8 | orthotic devices as defined in the Orthotics, Prosthetics, and | ||||||
| 9 | Pedorthics Practice Act and complex rehabilitation technology | ||||||
| 10 | products and associated services) through the State's | ||||||
| 11 | assistive technology program's reutilization program, using | ||||||
| 12 | staff with the Assistive Technology Professional (ATP) | ||||||
| 13 | Certification if the refurbished durable medical equipment: | ||||||
| 14 | (i) is available; (ii) is less expensive, including shipping | ||||||
| 15 | costs, than new durable medical equipment of the same type; | ||||||
| 16 | (iii) is able to withstand at least 3 years of use; (iv) is | ||||||
| 17 | cleaned, disinfected, sterilized, and safe in accordance with | ||||||
| 18 | federal Food and Drug Administration regulations and guidance | ||||||
| 19 | governing the reprocessing of medical devices in health care | ||||||
| 20 | settings; and (v) equally meets the needs of the recipient or | ||||||
| 21 | enrollee. The reutilization program shall confirm that the | ||||||
| 22 | recipient or enrollee is not already in receipt of the same or | ||||||
| 23 | similar equipment from another service provider, and that the | ||||||
| 24 | refurbished durable medical equipment equally meets the needs | ||||||
| 25 | of the recipient or enrollee. Nothing in this paragraph shall | ||||||
| 26 | be construed to limit recipient or enrollee choice to obtain | ||||||
| |||||||
| |||||||
| 1 | new durable medical equipment or place any additional prior | ||||||
| 2 | authorization conditions on enrollees of managed care | ||||||
| 3 | organizations. | ||||||
| 4 | The Department shall execute, relative to the nursing home | ||||||
| 5 | prescreening project, written inter-agency agreements with the | ||||||
| 6 | Department of Human Services and the Department on Aging, to | ||||||
| 7 | effect the following: (i) intake procedures and common | ||||||
| 8 | eligibility criteria for those persons who are receiving | ||||||
| 9 | non-institutional services; and (ii) the establishment and | ||||||
| 10 | development of non-institutional services in areas of the | ||||||
| 11 | State where they are not currently available or are | ||||||
| 12 | undeveloped; and (iii) notwithstanding any other provision of | ||||||
| 13 | law, subject to federal approval, on and after July 1, 2012, an | ||||||
| 14 | increase in the determination of need (DON) scores from 29 to | ||||||
| 15 | 37 for applicants for institutional and home and | ||||||
| 16 | community-based long term care; if and only if federal | ||||||
| 17 | approval is not granted, the Department may, in conjunction | ||||||
| 18 | with other affected agencies, implement utilization controls | ||||||
| 19 | or changes in benefit packages to effectuate a similar savings | ||||||
| 20 | amount for this population; and (iv) no later than July 1, | ||||||
| 21 | 2013, minimum level of care eligibility criteria for | ||||||
| 22 | institutional and home and community-based long term care; and | ||||||
| 23 | (v) no later than October 1, 2013, establish procedures to | ||||||
| 24 | permit long term care providers access to eligibility scores | ||||||
| 25 | for individuals with an admission date who are seeking or | ||||||
| 26 | receiving services from the long term care provider. In order | ||||||
| |||||||
| |||||||
| 1 | to select the minimum level of care eligibility criteria, the | ||||||
| 2 | Governor shall establish a workgroup that includes affected | ||||||
| 3 | agency representatives and stakeholders representing the | ||||||
| 4 | institutional and home and community-based long term care | ||||||
| 5 | interests. This Section shall not restrict the Department from | ||||||
| 6 | implementing lower level of care eligibility criteria for | ||||||
| 7 | community-based services in circumstances where federal | ||||||
| 8 | approval has been granted. | ||||||
| 9 | The Illinois Department shall develop and operate, in | ||||||
| 10 | cooperation with other State Departments and agencies and in | ||||||
| 11 | compliance with applicable federal laws and regulations, | ||||||
| 12 | appropriate and effective systems of health care evaluation | ||||||
| 13 | and programs for monitoring of utilization of health care | ||||||
| 14 | services and facilities, as it affects persons eligible for | ||||||
| 15 | medical assistance under this Code. | ||||||
| 16 | The Illinois Department shall report annually to the | ||||||
| 17 | General Assembly, no later than the second Friday in April of | ||||||
| 18 | 1979 and each year thereafter, in regard to: | ||||||
| 19 | (a) actual statistics and trends in utilization of | ||||||
| 20 | medical services by public aid recipients; | ||||||
| 21 | (b) actual statistics and trends in the provision of | ||||||
| 22 | the various medical services by medical vendors; | ||||||
| 23 | (c) current rate structures and proposed changes in | ||||||
| 24 | those rate structures for the various medical vendors; and | ||||||
| 25 | (d) efforts at utilization review and control by the | ||||||
| 26 | Illinois Department. | ||||||
| |||||||
| |||||||
| 1 | The period covered by each report shall be the 3 years | ||||||
| 2 | ending on the June 30 prior to the report. The report shall | ||||||
| 3 | include suggested legislation for consideration by the General | ||||||
| 4 | Assembly. The requirement for reporting to the General | ||||||
| 5 | Assembly shall be satisfied by filing copies of the report as | ||||||
| 6 | required by Section 3.1 of the General Assembly Organization | ||||||
| 7 | Act, and filing such additional copies with the State | ||||||
| 8 | Government Report Distribution Center for the General Assembly | ||||||
| 9 | as is required under paragraph (t) of Section 7 of the State | ||||||
| 10 | Library Act. | ||||||
| 11 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 12 | any, is conditioned on the rules being adopted in accordance | ||||||
| 13 | with all provisions of the Illinois Administrative Procedure | ||||||
| 14 | Act and all rules and procedures of the Joint Committee on | ||||||
| 15 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 16 | whatever reason, is unauthorized. | ||||||
| 17 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 18 | rate of reimbursement for services or other payments or alter | ||||||
| 19 | any methodologies authorized by this Code to reduce any rate | ||||||
| 20 | of reimbursement for services or other payments in accordance | ||||||
| 21 | with Section 5-5e. | ||||||
| 22 | Because kidney transplantation can be an appropriate, | ||||||
| 23 | cost-effective alternative to renal dialysis when medically | ||||||
| 24 | necessary and notwithstanding the provisions of Section 1-11 | ||||||
| 25 | of this Code, beginning October 1, 2014, the Department shall | ||||||
| 26 | cover kidney transplantation for noncitizens with end-stage | ||||||
| |||||||
| |||||||
| 1 | renal disease who are not eligible for comprehensive medical | ||||||
| 2 | benefits, who meet the residency requirements of Section 5-3 | ||||||
| 3 | of this Code, and who would otherwise meet the financial | ||||||
| 4 | requirements of the appropriate class of eligible persons | ||||||
| 5 | under Section 5-2 of this Code. To qualify for coverage of | ||||||
| 6 | kidney transplantation, such person must be receiving | ||||||
| 7 | emergency renal dialysis services covered by the Department. | ||||||
| 8 | Providers under this Section shall be prior approved and | ||||||
| 9 | certified by the Department to perform kidney transplantation | ||||||
| 10 | and the services under this Section shall be limited to | ||||||
| 11 | services associated with kidney transplantation. | ||||||
| 12 | Notwithstanding any other provision of this Code to the | ||||||
| 13 | contrary, on or after July 1, 2015, all FDA-approved FDA | ||||||
| 14 | approved forms of medication assisted treatment prescribed for | ||||||
| 15 | the treatment of alcohol dependence or treatment of opioid | ||||||
| 16 | dependence shall be covered under both fee-for-service and | ||||||
| 17 | managed care medical assistance programs for persons who are | ||||||
| 18 | otherwise eligible for medical assistance under this Article | ||||||
| 19 | and shall not be subject to any (1) utilization control, other | ||||||
| 20 | than those established under the American Society of Addiction | ||||||
| 21 | Medicine patient placement criteria, (2) prior authorization | ||||||
| 22 | mandate, (3) lifetime restriction limit mandate, or (4) | ||||||
| 23 | limitations on dosage. | ||||||
| 24 | On or after July 1, 2015, opioid antagonists prescribed | ||||||
| 25 | for the treatment of an opioid overdose, including the | ||||||
| 26 | medication product, administration devices, and any pharmacy | ||||||
| |||||||
| |||||||
| 1 | fees or hospital fees related to the dispensing, distribution, | ||||||
| 2 | and administration of the opioid antagonist, shall be covered | ||||||
| 3 | under the medical assistance program for persons who are | ||||||
| 4 | otherwise eligible for medical assistance under this Article. | ||||||
| 5 | As used in this Section, "opioid antagonist" means a drug that | ||||||
| 6 | binds to opioid receptors and blocks or inhibits the effect of | ||||||
| 7 | opioids acting on those receptors, including, but not limited | ||||||
| 8 | to, naloxone hydrochloride or any other similarly acting drug | ||||||
| 9 | approved by the U.S. Food and Drug Administration. The | ||||||
| 10 | Department shall not impose a copayment on the coverage | ||||||
| 11 | provided for naloxone hydrochloride under the medical | ||||||
| 12 | assistance program. | ||||||
| 13 | Upon federal approval, the Department shall provide | ||||||
| 14 | coverage and reimbursement for all drugs that are approved for | ||||||
| 15 | marketing by the federal Food and Drug Administration and that | ||||||
| 16 | are recommended by the federal Public Health Service or the | ||||||
| 17 | United States Centers for Disease Control and Prevention for | ||||||
| 18 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
| 19 | services, including, but not limited to, HIV and sexually | ||||||
| 20 | transmitted infection screening, treatment for sexually | ||||||
| 21 | transmitted infections, medical monitoring, assorted labs, and | ||||||
| 22 | counseling to reduce the likelihood of HIV infection among | ||||||
| 23 | individuals who are not infected with HIV but who are at high | ||||||
| 24 | risk of HIV infection. | ||||||
| 25 | A federally qualified health center, as defined in Section | ||||||
| 26 | 1905(l)(2)(B) of the federal Social Security Act, shall be | ||||||
| |||||||
| |||||||
| 1 | reimbursed by the Department in accordance with the federally | ||||||
| 2 | qualified health center's encounter rate for services provided | ||||||
| 3 | to medical assistance recipients that are performed by a | ||||||
| 4 | dental hygienist, as defined under the Illinois Dental | ||||||
| 5 | Practice Act, working under the general supervision of a | ||||||
| 6 | dentist and employed by a federally qualified health center. | ||||||
| 7 | Within 90 days after October 8, 2021 (the effective date | ||||||
| 8 | of Public Act 102-665), the Department shall seek federal | ||||||
| 9 | approval of a State Plan amendment to expand coverage for | ||||||
| 10 | family planning services that includes presumptive eligibility | ||||||
| 11 | to individuals whose income is at or below 208% of the federal | ||||||
| 12 | poverty level. Coverage under this Section shall be effective | ||||||
| 13 | beginning no later than December 1, 2022. | ||||||
| 14 | Subject to approval by the federal Centers for Medicare | ||||||
| 15 | and Medicaid Services of a Title XIX State Plan amendment | ||||||
| 16 | electing the Program of All-Inclusive Care for the Elderly | ||||||
| 17 | (PACE) as a State Medicaid option, as provided for by Subtitle | ||||||
| 18 | I (commencing with Section 4801) of Title IV of the Balanced | ||||||
| 19 | Budget Act of 1997 (Public Law 105-33) and Part 460 | ||||||
| 20 | (commencing with Section 460.2) of Subchapter E of Title 42 of | ||||||
| 21 | the Code of Federal Regulations, PACE program services shall | ||||||
| 22 | become a covered benefit of the medical assistance program, | ||||||
| 23 | subject to criteria established in accordance with all | ||||||
| 24 | applicable laws. | ||||||
| 25 | Notwithstanding any other provision of this Code, | ||||||
| 26 | community-based pediatric palliative care from a trained | ||||||
| |||||||
| |||||||
| 1 | interdisciplinary team shall be covered under the medical | ||||||
| 2 | assistance program as provided in Section 15 of the Pediatric | ||||||
| 3 | Palliative Care Act. | ||||||
| 4 | Notwithstanding any other provision of this Code, within | ||||||
| 5 | 12 months after June 2, 2022 (the effective date of Public Act | ||||||
| 6 | 102-1037) and subject to federal approval, acupuncture | ||||||
| 7 | services performed by an acupuncturist licensed under the | ||||||
| 8 | Acupuncture Practice Act who is acting within the scope of his | ||||||
| 9 | or her license shall be covered under the medical assistance | ||||||
| 10 | program. The Department shall apply for any federal waiver or | ||||||
| 11 | State Plan amendment, if required, to implement this | ||||||
| 12 | paragraph. The Department may adopt any rules, including | ||||||
| 13 | standards and criteria, necessary to implement this paragraph. | ||||||
| 14 | Notwithstanding any other provision of this Code, the | ||||||
| 15 | medical assistance program shall, subject to federal approval, | ||||||
| 16 | reimburse hospitals for costs associated with a newborn | ||||||
| 17 | screening test for the presence of metachromatic | ||||||
| 18 | leukodystrophy, as required under the Newborn Metabolic | ||||||
| 19 | Screening Act, at a rate not less than the fee charged by the | ||||||
| 20 | Department of Public Health. Notwithstanding any other | ||||||
| 21 | provision of this Code, the medical assistance program shall, | ||||||
| 22 | subject to appropriation and federal approval, also reimburse | ||||||
| 23 | hospitals for costs associated with all newborn screening | ||||||
| 24 | tests added on and after August 9, 2024 (the effective date of | ||||||
| 25 | Public Act 103-909) this amendatory Act of the 103rd General | ||||||
| 26 | Assembly to the Newborn Metabolic Screening Act and required | ||||||
| |||||||
| |||||||
| 1 | to be performed under that Act at a rate not less than the fee | ||||||
| 2 | charged by the Department of Public Health. The Department | ||||||
| 3 | shall seek federal approval before the implementation of the | ||||||
| 4 | newborn screening test fees by the Department of Public | ||||||
| 5 | Health. | ||||||
| 6 | Notwithstanding any other provision of this Code, | ||||||
| 7 | beginning on January 1, 2024, subject to federal approval, | ||||||
| 8 | cognitive assessment and care planning services provided to a | ||||||
| 9 | person who experiences signs or symptoms of cognitive | ||||||
| 10 | impairment, as defined by the Diagnostic and Statistical | ||||||
| 11 | Manual of Mental Disorders, Fifth Edition, shall be covered | ||||||
| 12 | under the medical assistance program for persons who are | ||||||
| 13 | otherwise eligible for medical assistance under this Article. | ||||||
| 14 | Notwithstanding any other provision of this Code, | ||||||
| 15 | medically necessary reconstructive services that are intended | ||||||
| 16 | to restore physical appearance shall be covered under the | ||||||
| 17 | medical assistance program for persons who are otherwise | ||||||
| 18 | eligible for medical assistance under this Article. As used in | ||||||
| 19 | this paragraph, "reconstructive services" means treatments | ||||||
| 20 | performed on structures of the body damaged by trauma to | ||||||
| 21 | restore physical appearance. | ||||||
| 22 | (Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21; | ||||||
| 23 | 102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article | ||||||
| 24 | 55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, | ||||||
| 25 | eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; | ||||||
| 26 | 102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff. | ||||||
| |||||||
| |||||||
| 1 | 5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22; | ||||||
| 2 | 102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff. | ||||||
| 3 | 1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24; | ||||||
| 4 | 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff. | ||||||
| 5 | 1-1-24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593, | ||||||
| 6 | Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24; | ||||||
| 7 | 103-808, eff. 1-1-26; 103-909, eff. 8-9-24; 103-1040, eff. | ||||||
| 8 | 8-9-24; revised 10-10-24.)
| ||||||
| 9 | (305 ILCS 5/5-5.01a) | ||||||
| 10 | Sec. 5-5.01a. Supportive living facilities program. | ||||||
| 11 | (a) The Department shall establish and provide oversight | ||||||
| 12 | for a program of supportive living facilities that seek to | ||||||
| 13 | promote resident independence, dignity, respect, and | ||||||
| 14 | well-being in the most cost-effective manner. | ||||||
| 15 | A supportive living facility is (i) a free-standing | ||||||
| 16 | facility or (ii) a distinct physical and operational entity | ||||||
| 17 | within a mixed-use building that meets the criteria | ||||||
| 18 | established in subsection (d). A supportive living facility | ||||||
| 19 | integrates housing with health, personal care, and supportive | ||||||
| 20 | services and is a designated setting that offers residents | ||||||
| 21 | their own separate, private, and distinct living units. | ||||||
| 22 | Sites for the operation of the program shall be selected | ||||||
| 23 | by the Department based upon criteria that may include the | ||||||
| 24 | need for services in a geographic area, the availability of | ||||||
| 25 | funding, and the site's ability to meet the standards. | ||||||
| |||||||
| |||||||
| 1 | (b) Beginning July 1, 2014, subject to federal approval, | ||||||
| 2 | the Medicaid rates for supportive living facilities shall be | ||||||
| 3 | equal to the supportive living facility Medicaid rate | ||||||
| 4 | effective on June 30, 2014 increased by 8.85%. Once the | ||||||
| 5 | assessment imposed at Article V-G of this Code is determined | ||||||
| 6 | to be a permissible tax under Title XIX of the Social Security | ||||||
| 7 | Act, the Department shall increase the Medicaid rates for | ||||||
| 8 | supportive living facilities effective on July 1, 2014 by | ||||||
| 9 | 9.09%. The Department shall apply this increase retroactively | ||||||
| 10 | to coincide with the imposition of the assessment in Article | ||||||
| 11 | V-G of this Code in accordance with the approval for federal | ||||||
| 12 | financial participation by the Centers for Medicare and | ||||||
| 13 | Medicaid Services. | ||||||
| 14 | The Medicaid rates for supportive living facilities | ||||||
| 15 | effective on July 1, 2017 must be equal to the rates in effect | ||||||
| 16 | for supportive living facilities on June 30, 2017 increased by | ||||||
| 17 | 2.8%. | ||||||
| 18 | The Medicaid rates for supportive living facilities | ||||||
| 19 | effective on July 1, 2018 must be equal to the rates in effect | ||||||
| 20 | for supportive living facilities on June 30, 2018. | ||||||
| 21 | Subject to federal approval, the Medicaid rates for | ||||||
| 22 | supportive living services on and after July 1, 2019 must be at | ||||||
| 23 | least 54.3% of the average total nursing facility services per | ||||||
| 24 | diem for the geographic areas defined by the Department while | ||||||
| 25 | maintaining the rate differential for dementia care and must | ||||||
| 26 | be updated whenever the total nursing facility service per | ||||||
| |||||||
| |||||||
| 1 | diems are updated. Beginning July 1, 2022, upon the | ||||||
| 2 | implementation of the Patient Driven Payment Model, Medicaid | ||||||
| 3 | rates for supportive living services must be at least 54.3% of | ||||||
| 4 | the average total nursing services per diem rate for the | ||||||
| 5 | geographic areas. For purposes of this provision, the average | ||||||
| 6 | total nursing services per diem rate shall include all add-ons | ||||||
| 7 | for nursing facilities for the geographic area provided for in | ||||||
| 8 | Section 5-5.2. The rate differential for dementia care must be | ||||||
| 9 | maintained in these rates and the rates shall be updated | ||||||
| 10 | whenever nursing facility per diem rates are updated. | ||||||
| 11 | Subject to federal approval, beginning January 1, 2024, | ||||||
| 12 | the dementia care rate for supportive living services must be | ||||||
| 13 | no less than the non-dementia care supportive living services | ||||||
| 14 | rate multiplied by 1.5. | ||||||
| 15 | (b-5) Subject to federal approval, beginning January 1, | ||||||
| 16 | 2025, Medicaid rates for supportive living services must be at | ||||||
| 17 | least 54.75% of the average total nursing services per diem | ||||||
| 18 | rate for the geographic areas defined by the Department and | ||||||
| 19 | shall include all add-ons for nursing facilities for the | ||||||
| 20 | geographic area provided for in Section 5-5.2. | ||||||
| 21 | (c) The Department may adopt rules to implement this | ||||||
| 22 | Section. Rules that establish or modify the services, | ||||||
| 23 | standards, and conditions for participation in the program | ||||||
| 24 | shall be adopted by the Department in consultation with the | ||||||
| 25 | Department on Aging, the Department of Rehabilitation | ||||||
| 26 | Services, and the Department of Mental Health and | ||||||
| |||||||
| |||||||
| 1 | Developmental Disabilities (or their successor agencies). | ||||||
| 2 | (d) Subject to federal approval by the Centers for | ||||||
| 3 | Medicare and Medicaid Services, the Department shall accept | ||||||
| 4 | for consideration of certification under the program any | ||||||
| 5 | application for a site or building where distinct parts of the | ||||||
| 6 | site or building are designated for purposes other than the | ||||||
| 7 | provision of supportive living services, but only if: | ||||||
| 8 | (1) those distinct parts of the site or building are | ||||||
| 9 | not designated for the purpose of providing assisted | ||||||
| 10 | living services as required under the Assisted Living and | ||||||
| 11 | Shared Housing Act; | ||||||
| 12 | (2) those distinct parts of the site or building are | ||||||
| 13 | completely separate from the part of the building used for | ||||||
| 14 | the provision of supportive living program services, | ||||||
| 15 | including separate entrances; | ||||||
| 16 | (3) those distinct parts of the site or building do | ||||||
| 17 | not share any common spaces with the part of the building | ||||||
| 18 | used for the provision of supportive living program | ||||||
| 19 | services; and | ||||||
| 20 | (4) those distinct parts of the site or building do | ||||||
| 21 | not share staffing with the part of the building used for | ||||||
| 22 | the provision of supportive living program services. | ||||||
| 23 | (e) Facilities or distinct parts of facilities which are | ||||||
| 24 | selected as supportive living facilities and are in good | ||||||
| 25 | standing with the Department's rules are exempt from the | ||||||
| 26 | provisions of the Nursing Home Care Act and the Illinois | ||||||
| |||||||
| |||||||
| 1 | Health Facilities Planning Act. | ||||||
| 2 | (f) Section 9817 of the American Rescue Plan Act of 2021 | ||||||
| 3 | (Public Law 117-2) authorizes a 10% enhanced federal medical | ||||||
| 4 | assistance percentage for supportive living services for a | ||||||
| 5 | 12-month period from April 1, 2021 through March 31, 2022. | ||||||
| 6 | Subject to federal approval, including the approval of any | ||||||
| 7 | necessary waiver amendments or other federally required | ||||||
| 8 | documents or assurances, for a 12-month period the Department | ||||||
| 9 | must pay a supplemental $26 per diem rate to all supportive | ||||||
| 10 | living facilities with the additional federal financial | ||||||
| 11 | participation funds that result from the enhanced federal | ||||||
| 12 | medical assistance percentage from April 1, 2021 through March | ||||||
| 13 | 31, 2022. The Department may issue parameters around how the | ||||||
| 14 | supplemental payment should be spent, including quality | ||||||
| 15 | improvement activities. The Department may alter the form, | ||||||
| 16 | methods, or timeframes concerning the supplemental per diem | ||||||
| 17 | rate to comply with any subsequent changes to federal law, | ||||||
| 18 | changes made by guidance issued by the federal Centers for | ||||||
| 19 | Medicare and Medicaid Services, or other changes necessary to | ||||||
| 20 | receive the enhanced federal medical assistance percentage. | ||||||
| 21 | (g) All applications for the expansion of supportive | ||||||
| 22 | living dementia care settings involving sites not approved by | ||||||
| 23 | the Department by January 1, 2024 (Public Act 103-102) may | ||||||
| 24 | allow new elderly non-dementia units in addition to new | ||||||
| 25 | dementia care units. The Department may approve such | ||||||
| 26 | applications only if the application has: (1) no more than one | ||||||
| |||||||
| |||||||
| 1 | non-dementia care unit for each dementia care unit and (2) the | ||||||
| 2 | site is not located within 4 miles of an existing supportive | ||||||
| 3 | living program site in Cook County (including the City of | ||||||
| 4 | Chicago), not located within 12 miles of an existing | ||||||
| 5 | supportive living program site in Alexander, Bond, Boone, | ||||||
| 6 | Calhoun, Champaign, Clinton, DeKalb, DuPage, Fulton, Grundy, | ||||||
| 7 | Henry, Jackson, Jersey, Johnson, Kane, Kankakee, Kendall, | ||||||
| 8 | Lake, Macon, Macoupin, Madison, Marshall, McHenry, McLean, | ||||||
| 9 | Menard, Mercer, Monroe, Peoria, Piatt, Rock Island, Sangamon, | ||||||
| 10 | Stark, St. Clair, Tazewell, Vermilion, Will, Williamson, | ||||||
| 11 | Winnebago, or Woodford counties, or not located within 25 | ||||||
| 12 | miles of an existing supportive living program site in any | ||||||
| 13 | other county. | ||||||
| 14 | (h) Beginning January 1, 2025, subject to federal | ||||||
| 15 | approval, for a person who is a resident of a supportive living | ||||||
| 16 | facility under this Section, the monthly personal needs | ||||||
| 17 | allowance shall be $120 per month. | ||||||
| 18 | (i) (h) As stated in the supportive living program home | ||||||
| 19 | and community-based service waiver approved by the federal | ||||||
| 20 | Centers for Medicare and Medicaid Services, and beginning July | ||||||
| 21 | 1, 2025, the Department must maintain the rate add-on | ||||||
| 22 | implemented on January 1, 2023 for the provision of 2 meals per | ||||||
| 23 | day at no less than $6.15 per day. | ||||||
| 24 | (j) (f) Subject to federal approval, the Department shall | ||||||
| 25 | allow a certified medication aide to administer medication in | ||||||
| 26 | a supportive living facility. For purposes of this subsection, | ||||||
| |||||||
| |||||||
| 1 | "certified medication aide" means a person who has met the | ||||||
| 2 | qualifications for certification under Section 79 of the | ||||||
| 3 | Assisted Living and Shared Housing Act and assists with | ||||||
| 4 | medication administration while under the supervision of a | ||||||
| 5 | registered professional nurse as authorized by Section 50-75 | ||||||
| 6 | of the Nurse Practice Act. The Department may adopt rules to | ||||||
| 7 | implement this subsection. | ||||||
| 8 | (Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22; | ||||||
| 9 | 103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102, | ||||||
| 10 | Article 100, Section 100-5, eff. 1-1-24; 103-593, Article 15, | ||||||
| 11 | Section 15-5, eff. 6-7-24; 103-593, Article 100, Section | ||||||
| 12 | 100-5, eff. 6-7-24; 103-593, Article 165, Section 165-5, eff. | ||||||
| 13 | 6-7-24; 103-605, eff. 7-1-24; 103-886, eff. 8-9-24; revised | ||||||
| 14 | 10-8-24.)
| ||||||
| 15 | (305 ILCS 5/5-5.24a) | ||||||
| 16 | Sec. 5-5.24a. Remote ultrasounds and remote fetal | ||||||
| 17 | nonstress tests; reimbursement. | ||||||
| 18 | (a) Subject to federal approval, for dates of service | ||||||
| 19 | beginning on and after January 1, 2025, the Department shall | ||||||
| 20 | reimburse for remote ultrasound procedures and remote fetal | ||||||
| 21 | nonstress tests when the patient is in a residence or other | ||||||
| 22 | off-site location from the patient's provider and the same | ||||||
| 23 | standard of care is met as would be present during an in-person | ||||||
| 24 | visit. | ||||||
| 25 | (b) Remote ultrasounds and remote fetal nonstress tests | ||||||
| |||||||
| |||||||
| 1 | are only eligible for reimbursement when the provider uses | ||||||
| 2 | digital technology: | ||||||
| 3 | (1) to collect medical and other forms of health data | ||||||
| 4 | from a patient and to electronically transmit that | ||||||
| 5 | information securely to a health care provider in a | ||||||
| 6 | different location for interpretation and recommendation; | ||||||
| 7 | (2) that is compliant with the federal Health | ||||||
| 8 | Insurance Portability and Accountability Act of 1996; and | ||||||
| 9 | (3) that is approved by the U.S. Food and Drug | ||||||
| 10 | Administration. | ||||||
| 11 | (c) A fetal nonstress test is only eligible for | ||||||
| 12 | reimbursement with a place of service modifier for at-home | ||||||
| 13 | monitoring with remote monitoring solutions that are cleared | ||||||
| 14 | by the U.S. Food and Drug Administration for on-label use for | ||||||
| 15 | monitoring fetal heart rate, maternal heart rate, and uterine | ||||||
| 16 | activity. | ||||||
| 17 | (d) The Department shall issue guidance to implement the | ||||||
| 18 | provisions of this Section. | ||||||
| 19 | (Source: P.A. 103-593, eff. 6-7-24.)
| ||||||
| 20 | (305 ILCS 5/5-5.24b) | ||||||
| 21 | (This Section may contain text from a Public Act with a | ||||||
| 22 | delayed effective date) | ||||||
| 23 | Sec. 5-5.24b 5-5.24a. Coverage for at-home pregnancy | ||||||
| 24 | tests. Beginning January 1, 2025, the medical assistance | ||||||
| 25 | program shall provide coverage for at-home, urine-based | ||||||
| |||||||
| |||||||
| 1 | pregnancy tests that are ordered directly by a clinician or | ||||||
| 2 | furnished through a standing order for patient use, regardless | ||||||
| 3 | of whether the tests are otherwise available over the counter. | ||||||
| 4 | The coverage required under this Section is limited to a | ||||||
| 5 | multipack, as defined by the Department, of at-home, | ||||||
| 6 | urine-based pregnancy tests every 30 days. | ||||||
| 7 | (Source: P.A. 103-870, eff. 1-1-25; revised 10-2-24.)
| ||||||
| 8 | (305 ILCS 5/5-5a.1) | ||||||
| 9 | Sec. 5-5a.1. Telehealth services for persons with | ||||||
| 10 | intellectual and developmental disabilities. The Department | ||||||
| 11 | shall file an amendment to the Home and Community-Based | ||||||
| 12 | Services Waiver Program for Adults with Developmental | ||||||
| 13 | Disabilities authorized under Section 1915(c) of the Social | ||||||
| 14 | Security Act to incorporate telehealth services administered | ||||||
| 15 | by a provider of telehealth services that demonstrates | ||||||
| 16 | knowledge and experience in providing medical and emergency | ||||||
| 17 | services for persons with intellectual and developmental | ||||||
| 18 | disabilities. For dates of service on and after January 1, | ||||||
| 19 | 2025, the Department shall pay negotiated, agreed upon | ||||||
| 20 | administrative fees associated with implementing telehealth | ||||||
| 21 | services for persons with intellectual and developmental | ||||||
| 22 | disabilities who are receiving Community Integrated Living | ||||||
| 23 | Arrangement residential services under the Home and | ||||||
| 24 | Community-Based Services Waiver Program for Adults with | ||||||
| 25 | Developmental Disabilities. The implementation of telehealth | ||||||
| |||||||
| |||||||
| 1 | services shall not impede the choice of any individual | ||||||
| 2 | receiving waiver-funded services through the Home and | ||||||
| 3 | Community-Based Services Waiver Program for Adults with | ||||||
| 4 | Developmental Disabilities to receive in-person health care | ||||||
| 5 | services at any time. The Department shall ensure individuals | ||||||
| 6 | enrolled in the waiver, or their guardians, request to opt in | ||||||
| 7 | opt-in to these services. For individuals who opt in, this | ||||||
| 8 | service shall be included in the individual's person-centered | ||||||
| 9 | plan. The use of telehealth services shall not be used for the | ||||||
| 10 | convenience of staff at any time nor shall it replace primary | ||||||
| 11 | care physician services. | ||||||
| 12 | (Source: P.A. 103-102, eff. 7-1-23; 103-593, eff. 6-7-24; | ||||||
| 13 | revised 10-23-24.)
| ||||||
| 14 | (305 ILCS 5/5-16.8) | ||||||
| 15 | Sec. 5-16.8. Required health benefits. The medical | ||||||
| 16 | assistance program shall (i) provide the post-mastectomy care | ||||||
| 17 | benefits required to be covered by a policy of accident and | ||||||
| 18 | health insurance under Section 356t and the coverage required | ||||||
| 19 | under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, | ||||||
| 20 | 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, | ||||||
| 21 | 356z.47, 356z.51, 356z.53, 356z.59, 356z.60, 356z.61, 356z.64, | ||||||
| 22 | and 356z.67, and 356z.71, and 356z.75 of the Illinois | ||||||
| 23 | Insurance Code, (ii) be subject to the provisions of Sections | ||||||
| 24 | 356z.19, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the | ||||||
| 25 | Illinois Insurance Code, and (iii) be subject to the | ||||||
| |||||||
| |||||||
| 1 | provisions of subsection (d-5) of Section 10 of the Network | ||||||
| 2 | Adequacy and Transparency Act. | ||||||
| 3 | The Department, by rule, shall adopt a model similar to | ||||||
| 4 | the requirements of Section 356z.39 of the Illinois Insurance | ||||||
| 5 | Code. | ||||||
| 6 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 7 | rate of reimbursement for services or other payments or alter | ||||||
| 8 | any methodologies authorized by this Code to reduce any rate | ||||||
| 9 | of reimbursement for services or other payments in accordance | ||||||
| 10 | with Section 5-5e. | ||||||
| 11 | To ensure full access to the benefits set forth in this | ||||||
| 12 | Section, on and after January 1, 2016, the Department shall | ||||||
| 13 | ensure that provider and hospital reimbursement for | ||||||
| 14 | post-mastectomy care benefits required under this Section are | ||||||
| 15 | no lower than the Medicare reimbursement rate. | ||||||
| 16 | (Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22; | ||||||
| 17 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff. | ||||||
| 18 | 1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813, | ||||||
| 19 | eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||||||
| 20 | 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | ||||||
| 21 | 1-1-24; 103-420, eff. 1-1-24; 103-605, eff. 7-1-24; 103-703, | ||||||
| 22 | eff. 1-1-25; 103-758, eff. 1-1-25; 103-1024, eff. 1-1-25; | ||||||
| 23 | revised 11-26-24.)
| ||||||
| 24 | (305 ILCS 5/5-16.8a) | ||||||
| 25 | Sec. 5-16.8a. Rules concerning continuous glucose monitor | ||||||
| |||||||
| |||||||
| 1 | coverage. The Department shall adopt rules to implement the | ||||||
| 2 | changes made to Section 356z.59 of the Illinois Insurance | ||||||
| 3 | Code, as applied to the medical assistance program. The rules | ||||||
| 4 | shall, at a minimum, provide that: | ||||||
| 5 | (1) the ordering provider must be a physician licensed | ||||||
| 6 | under the Medical Practice Act of 1987 or a certified | ||||||
| 7 | nurse practitioner or physician assistant with a | ||||||
| 8 | collaborative agreement with the physician; the ordering | ||||||
| 9 | provider is not required to obtain continuing medical | ||||||
| 10 | education in order to prescribe a continuous glucose | ||||||
| 11 | monitor; | ||||||
| 12 | (2) continuous glucose monitors are not required to | ||||||
| 13 | have an alarm when glucose levels are outside the | ||||||
| 14 | predetermined pre-determined range; the capacity to | ||||||
| 15 | generate predictive alerts in case of impending | ||||||
| 16 | hypoglycemia; or the ability to transmit real-time glucose | ||||||
| 17 | values and alerts to the patient and designated other | ||||||
| 18 | persons; | ||||||
| 19 | (3) the beneficiary is not required to need intensive | ||||||
| 20 | insulin therapy; | ||||||
| 21 | (4) the beneficiary is not required to have a recent | ||||||
| 22 | history of emergency room visits or hospitalizations | ||||||
| 23 | related to hypoglycemia, hyperglycemia, or ketoacidosis; | ||||||
| 24 | (5) if the beneficiary has gestational diabetes, the | ||||||
| 25 | beneficiary is not required to have suboptimal glycemic | ||||||
| 26 | control that is likely to harm the beneficiary or the | ||||||
| |||||||
| |||||||
| 1 | fetus; | ||||||
| 2 | (6) if a beneficiary has diabetes mellitus and the | ||||||
| 3 | beneficiary does not meet the coverage requirements or if | ||||||
| 4 | the beneficiary is in a population in which continuous | ||||||
| 5 | glucose monitor usage has not been well-studied, requests | ||||||
| 6 | shall be reviewed, on a case-by-case basis, for medical | ||||||
| 7 | necessity and approved if appropriate; and | ||||||
| 8 | (7) prior authorization is required for a prescription | ||||||
| 9 | of a continuous glucose monitor; once a continuous glucose | ||||||
| 10 | monitor is prescribed, the prior authorization shall be | ||||||
| 11 | approved for a 12-month period. | ||||||
| 12 | (Source: P.A. 103-639, eff. 7-1-24; revised 10-23-24.)
| ||||||
| 13 | (305 ILCS 5/5-30.1) | ||||||
| 14 | Sec. 5-30.1. Managed care protections. | ||||||
| 15 | (a) As used in this Section: | ||||||
| 16 | "Managed care organization" or "MCO" means any entity | ||||||
| 17 | which contracts with the Department to provide services where | ||||||
| 18 | payment for medical services is made on a capitated basis. | ||||||
| 19 | "Emergency services" means health care items and services, | ||||||
| 20 | including inpatient and outpatient hospital services, | ||||||
| 21 | furnished or required to evaluate and stabilize an emergency | ||||||
| 22 | medical condition. "Emergency services" include inpatient | ||||||
| 23 | stabilization services furnished during the inpatient | ||||||
| 24 | stabilization period. "Emergency services" do not include | ||||||
| 25 | post-stabilization medical services. | ||||||
| |||||||
| |||||||
| 1 | "Emergency medical condition" means a medical condition | ||||||
| 2 | manifesting itself by acute symptoms of sufficient severity, | ||||||
| 3 | regardless of the final diagnosis given, such that a prudent | ||||||
| 4 | layperson, who possesses an average knowledge of health and | ||||||
| 5 | medicine, could reasonably expect the absence of immediate | ||||||
| 6 | medical attention to result in: | ||||||
| 7 | (1) placing the health of the individual (or, with | ||||||
| 8 | respect to a pregnant woman, the health of the woman or her | ||||||
| 9 | unborn child) in serious jeopardy; | ||||||
| 10 | (2) serious impairment to bodily functions; | ||||||
| 11 | (3) serious dysfunction of any bodily organ or part; | ||||||
| 12 | (4) inadequately controlled pain; or | ||||||
| 13 | (5) with respect to a pregnant woman who is having | ||||||
| 14 | contractions: | ||||||
| 15 | (A) inadequate time to complete a safe transfer to | ||||||
| 16 | another hospital before delivery; or | ||||||
| 17 | (B) a transfer to another hospital may pose a | ||||||
| 18 | threat to the health or safety of the woman or unborn | ||||||
| 19 | child. | ||||||
| 20 | "Emergency medical screening examination" means a medical | ||||||
| 21 | screening examination and evaluation by a physician licensed | ||||||
| 22 | to practice medicine in all its branches or, to the extent | ||||||
| 23 | permitted by applicable laws, by other appropriately licensed | ||||||
| 24 | personnel under the supervision of or in collaboration with a | ||||||
| 25 | physician licensed to practice medicine in all its branches to | ||||||
| 26 | determine whether the need for emergency services exists. | ||||||
| |||||||
| |||||||
| 1 | "Health care services" mean any medical or behavioral | ||||||
| 2 | health services covered under the medical assistance program | ||||||
| 3 | that are subject to review under a service authorization | ||||||
| 4 | program. | ||||||
| 5 | "Inpatient stabilization period" means the initial 72 | ||||||
| 6 | hours of inpatient stabilization services, beginning from the | ||||||
| 7 | date and time of the order for inpatient admission to the | ||||||
| 8 | hospital. | ||||||
| 9 | "Inpatient stabilization services" mean emergency services | ||||||
| 10 | furnished in the inpatient setting at a hospital pursuant to | ||||||
| 11 | an order for inpatient admission by a physician or other | ||||||
| 12 | qualified practitioner who has admitting privileges at the | ||||||
| 13 | hospital, as permitted by State law, to stabilize an emergency | ||||||
| 14 | medical condition following an emergency medical screening | ||||||
| 15 | examination. | ||||||
| 16 | "Post-stabilization medical services" means health care | ||||||
| 17 | services provided to an enrollee that are furnished in a | ||||||
| 18 | hospital by a provider that is qualified to furnish such | ||||||
| 19 | services and determined to be medically necessary by the | ||||||
| 20 | provider and directly related to the emergency medical | ||||||
| 21 | condition following stabilization. | ||||||
| 22 | "Provider" means a facility or individual who is actively | ||||||
| 23 | enrolled in the medical assistance program and licensed or | ||||||
| 24 | otherwise authorized to order, prescribe, refer, or render | ||||||
| 25 | health care services in this State. | ||||||
| 26 | "Service authorization determination" means a decision | ||||||
| |||||||
| |||||||
| 1 | made by a service authorization program in advance of, | ||||||
| 2 | concurrent to, or after the provision of a health care service | ||||||
| 3 | to approve, change the level of care, partially deny, deny, or | ||||||
| 4 | otherwise limit coverage and reimbursement for a health care | ||||||
| 5 | service upon review of a service authorization request. | ||||||
| 6 | "Service authorization program" means any utilization | ||||||
| 7 | review, utilization management, peer review, quality review, | ||||||
| 8 | or other medical management activity conducted by an MCO, or | ||||||
| 9 | its contracted utilization review organization, including, but | ||||||
| 10 | not limited to, prior authorization, prior approval, | ||||||
| 11 | pre-certification, concurrent review, retrospective review, or | ||||||
| 12 | certification of admission, of health care services provided | ||||||
| 13 | in the inpatient or outpatient hospital setting. | ||||||
| 14 | "Service authorization request" means a request by a | ||||||
| 15 | provider to a service authorization program to determine | ||||||
| 16 | whether a health care service meets the reimbursement | ||||||
| 17 | eligibility requirements for medically necessary, clinically | ||||||
| 18 | appropriate care, resulting in the issuance of a service | ||||||
| 19 | authorization determination. | ||||||
| 20 | "Utilization review organization" or "URO" means an MCO's | ||||||
| 21 | utilization review department or a peer review organization or | ||||||
| 22 | quality improvement organization that contracts with an MCO to | ||||||
| 23 | administer a service authorization program and make service | ||||||
| 24 | authorization determinations. | ||||||
| 25 | (b) As provided by Section 5-16.12, managed care | ||||||
| 26 | organizations are subject to the provisions of the Managed | ||||||
| |||||||
| |||||||
| 1 | Care Reform and Patient Rights Act. | ||||||
| 2 | (c) An MCO shall pay any provider of emergency services, | ||||||
| 3 | including for inpatient stabilization services provided during | ||||||
| 4 | the inpatient stabilization period, that does not have in | ||||||
| 5 | effect a contract with the contracted Medicaid MCO. The | ||||||
| 6 | default rate of reimbursement shall be the rate paid under | ||||||
| 7 | Illinois Medicaid fee-for-service program methodology, | ||||||
| 8 | including all policy adjusters, including but not limited to | ||||||
| 9 | Medicaid High Volume Adjustments, Medicaid Percentage | ||||||
| 10 | Adjustments, Outpatient High Volume Adjustments, and all | ||||||
| 11 | outlier add-on adjustments to the extent such adjustments are | ||||||
| 12 | incorporated in the development of the applicable MCO | ||||||
| 13 | capitated rates. | ||||||
| 14 | (d) (Blank). | ||||||
| 15 | (e) Notwithstanding any other provision of law, the | ||||||
| 16 | following requirements apply to MCOs in determining payment | ||||||
| 17 | for all emergency services, including inpatient stabilization | ||||||
| 18 | services provided during the inpatient stabilization period: | ||||||
| 19 | (1) The MCO shall not impose any service authorization | ||||||
| 20 | program requirements for emergency services, including, | ||||||
| 21 | but not limited to, prior authorization, prior approval, | ||||||
| 22 | pre-certification, certification of admission, concurrent | ||||||
| 23 | review, or retrospective review. | ||||||
| 24 | (A) Notification period: Hospitals shall notify | ||||||
| 25 | the enrollee's Medicaid MCO within 48 hours of the | ||||||
| 26 | date and time the order for inpatient admission is | ||||||
| |||||||
| |||||||
| 1 | written. Notification shall be limited to advising the | ||||||
| 2 | MCO that the patient has been admitted to a hospital | ||||||
| 3 | inpatient level of care. | ||||||
| 4 | (B) If the admitting hospital complies with the | ||||||
| 5 | notification provisions of subparagraph (A), the | ||||||
| 6 | Medicaid MCO may not initiate concurrent review before | ||||||
| 7 | the end of the inpatient stabilization period. If the | ||||||
| 8 | admitting hospital does not comply with the | ||||||
| 9 | notification requirements in subparagraph (A), the | ||||||
| 10 | Medicaid MCO may initiate concurrent review for the | ||||||
| 11 | continuation of the stay beginning at the end of the | ||||||
| 12 | 48-hour notification period. | ||||||
| 13 | (C) Coverage for services provided during the | ||||||
| 14 | 48-hour notification period may not be retrospectively | ||||||
| 15 | denied. | ||||||
| 16 | (2) The MCO shall cover emergency services provided to | ||||||
| 17 | enrollees who are temporarily away from their residence | ||||||
| 18 | and outside the contracting area to the extent that the | ||||||
| 19 | enrollees would be entitled to the emergency services if | ||||||
| 20 | they still were within the contracting area. | ||||||
| 21 | (3) The MCO shall have no obligation to cover | ||||||
| 22 | emergency services provided on an emergency basis that are | ||||||
| 23 | not covered services under the contract between the MCO | ||||||
| 24 | and the Department. | ||||||
| 25 | (4) The MCO shall not condition coverage for emergency | ||||||
| 26 | services on the treating provider notifying the MCO of the | ||||||
| |||||||
| |||||||
| 1 | enrollee's emergency medical screening examination and | ||||||
| 2 | treatment within 10 days after presentation for emergency | ||||||
| 3 | services. | ||||||
| 4 | (5) The determination of the attending emergency | ||||||
| 5 | physician, or the practitioner responsible for the | ||||||
| 6 | enrollee's care at the hospital, of whether an enrollee | ||||||
| 7 | requires inpatient stabilization services, can be | ||||||
| 8 | stabilized in the outpatient setting, or is sufficiently | ||||||
| 9 | stabilized for discharge or transfer to another setting, | ||||||
| 10 | shall be binding on the MCO. The MCO shall cover and | ||||||
| 11 | reimburse providers for emergency services as billed by | ||||||
| 12 | the provider for all enrollees whether the emergency | ||||||
| 13 | services are provided by an affiliated or non-affiliated | ||||||
| 14 | provider, except in cases of fraud. The MCO shall | ||||||
| 15 | reimburse inpatient stabilization services provided during | ||||||
| 16 | the inpatient stabilization period and billed as inpatient | ||||||
| 17 | level of care based on the appropriate inpatient | ||||||
| 18 | reimbursement methodology. | ||||||
| 19 | (6) The MCO's financial responsibility for | ||||||
| 20 | post-stabilization medical services it has not | ||||||
| 21 | pre-approved ends when: | ||||||
| 22 | (A) a plan physician with privileges at the | ||||||
| 23 | treating hospital assumes responsibility for the | ||||||
| 24 | enrollee's care; | ||||||
| 25 | (B) a plan physician assumes responsibility for | ||||||
| 26 | the enrollee's care through transfer; | ||||||
| |||||||
| |||||||
| 1 | (C) a contracting entity representative and the | ||||||
| 2 | treating physician reach an agreement concerning the | ||||||
| 3 | enrollee's care; or | ||||||
| 4 | (D) the enrollee is discharged. | ||||||
| 5 | (e-5) An MCO shall pay for all post-stabilization medical | ||||||
| 6 | services as a covered service in any of the following | ||||||
| 7 | situations: | ||||||
| 8 | (1) the MCO or its URO authorized such services; | ||||||
| 9 | (2) such services were administered to maintain the | ||||||
| 10 | enrollee's stabilized condition within one hour after a | ||||||
| 11 | request to the MCO for authorization of further | ||||||
| 12 | post-stabilization services; | ||||||
| 13 | (3) the MCO or its URO did not respond to a request to | ||||||
| 14 | authorize such services within one hour; | ||||||
| 15 | (4) the MCO or its URO could not be contacted; or | ||||||
| 16 | (5) the MCO or its URO and the treating provider, if | ||||||
| 17 | the treating provider is a non-affiliated provider, could | ||||||
| 18 | not reach an agreement concerning the enrollee's care and | ||||||
| 19 | an affiliated provider was unavailable for a consultation, | ||||||
| 20 | in which case the MCO must pay for such services rendered | ||||||
| 21 | by the treating non-affiliated provider until an | ||||||
| 22 | affiliated provider was reached and either concurred with | ||||||
| 23 | the treating non-affiliated provider's plan of care or | ||||||
| 24 | assumed responsibility for the enrollee's care. Such | ||||||
| 25 | payment shall be made at the default rate of reimbursement | ||||||
| 26 | paid under the State's Medicaid fee-for-service program | ||||||
| |||||||
| |||||||
| 1 | methodology, including all policy adjusters, including, | ||||||
| 2 | but not limited to, Medicaid High Volume Adjustments, | ||||||
| 3 | Medicaid Percentage Adjustments, Outpatient High Volume | ||||||
| 4 | Adjustments, and all outlier add-on adjustments to the | ||||||
| 5 | extent that such adjustments are incorporated in the | ||||||
| 6 | development of the applicable MCO capitated rates. | ||||||
| 7 | (f) Network adequacy and transparency. | ||||||
| 8 | (1) The Department shall: | ||||||
| 9 | (A) ensure that an adequate provider network is in | ||||||
| 10 | place, taking into consideration health professional | ||||||
| 11 | shortage areas and medically underserved areas; | ||||||
| 12 | (B) publicly release an explanation of its process | ||||||
| 13 | for analyzing network adequacy; | ||||||
| 14 | (C) periodically ensure that an MCO continues to | ||||||
| 15 | have an adequate network in place; | ||||||
| 16 | (D) require MCOs, including Medicaid Managed Care | ||||||
| 17 | Entities as defined in Section 5-30.2, to meet | ||||||
| 18 | provider directory requirements under Section 5-30.3; | ||||||
| 19 | (E) require MCOs to ensure that any | ||||||
| 20 | Medicaid-certified provider under contract with an MCO | ||||||
| 21 | and previously submitted on a roster on the date of | ||||||
| 22 | service is paid for any medically necessary, | ||||||
| 23 | Medicaid-covered, and authorized service rendered to | ||||||
| 24 | any of the MCO's enrollees, regardless of inclusion on | ||||||
| 25 | the MCO's published and publicly available directory | ||||||
| 26 | of available providers; and | ||||||
| |||||||
| |||||||
| 1 | (F) require MCOs, including Medicaid Managed Care | ||||||
| 2 | Entities as defined in Section 5-30.2, to meet each of | ||||||
| 3 | the requirements under subsection (d-5) of Section 10 | ||||||
| 4 | of the Network Adequacy and Transparency Act; with | ||||||
| 5 | necessary exceptions to the MCO's network to ensure | ||||||
| 6 | that admission and treatment with a provider or at a | ||||||
| 7 | treatment facility in accordance with the network | ||||||
| 8 | adequacy standards in paragraph (3) of subsection | ||||||
| 9 | (d-5) of Section 10 of the Network Adequacy and | ||||||
| 10 | Transparency Act is limited to providers or facilities | ||||||
| 11 | that are Medicaid certified. | ||||||
| 12 | (2) Each MCO shall confirm its receipt of information | ||||||
| 13 | submitted specific to physician or dentist additions or | ||||||
| 14 | physician or dentist deletions from the MCO's provider | ||||||
| 15 | network within 3 days after receiving all required | ||||||
| 16 | information from contracted physicians or dentists, and | ||||||
| 17 | electronic physician and dental directories must be | ||||||
| 18 | updated consistent with current rules as published by the | ||||||
| 19 | Centers for Medicare and Medicaid Services or its | ||||||
| 20 | successor agency. | ||||||
| 21 | (g) Timely payment of claims. | ||||||
| 22 | (1) The MCO shall pay a claim within 30 days of | ||||||
| 23 | receiving a claim that contains all the essential | ||||||
| 24 | information needed to adjudicate the claim. | ||||||
| 25 | (2) The MCO shall notify the billing party of its | ||||||
| 26 | inability to adjudicate a claim within 30 days of | ||||||
| |||||||
| |||||||
| 1 | receiving that claim. | ||||||
| 2 | (3) The MCO shall pay a penalty that is at least equal | ||||||
| 3 | to the timely payment interest penalty imposed under | ||||||
| 4 | Section 368a of the Illinois Insurance Code for any claims | ||||||
| 5 | not timely paid. | ||||||
| 6 | (A) When an MCO is required to pay a timely payment | ||||||
| 7 | interest penalty to a provider, the MCO must calculate | ||||||
| 8 | and pay the timely payment interest penalty that is | ||||||
| 9 | due to the provider within 30 days after the payment of | ||||||
| 10 | the claim. In no event shall a provider be required to | ||||||
| 11 | request or apply for payment of any owed timely | ||||||
| 12 | payment interest penalties. | ||||||
| 13 | (B) Such payments shall be reported separately | ||||||
| 14 | from the claim payment for services rendered to the | ||||||
| 15 | MCO's enrollee and clearly identified as interest | ||||||
| 16 | payments. | ||||||
| 17 | (4)(A) The Department shall require MCOs to expedite | ||||||
| 18 | payments to providers identified on the Department's | ||||||
| 19 | expedited provider list, determined in accordance with 89 | ||||||
| 20 | Ill. Adm. Code 140.71(b), on a schedule at least as | ||||||
| 21 | frequently as the providers are paid under the | ||||||
| 22 | Department's fee-for-service expedited provider schedule. | ||||||
| 23 | (B) Compliance with the expedited provider requirement | ||||||
| 24 | may be satisfied by an MCO through the use of a Periodic | ||||||
| 25 | Interim Payment (PIP) program that has been mutually | ||||||
| 26 | agreed to and documented between the MCO and the provider, | ||||||
| |||||||
| |||||||
| 1 | if the PIP program ensures that any expedited provider | ||||||
| 2 | receives regular and periodic payments based on prior | ||||||
| 3 | period payment experience from that MCO. Total payments | ||||||
| 4 | under the PIP program may be reconciled against future PIP | ||||||
| 5 | payments on a schedule mutually agreed to between the MCO | ||||||
| 6 | and the provider. | ||||||
| 7 | (C) The Department shall share at least monthly its | ||||||
| 8 | expedited provider list and the frequency with which it | ||||||
| 9 | pays providers on the expedited list. | ||||||
| 10 | (g-5) Recognizing that the rapid transformation of the | ||||||
| 11 | Illinois Medicaid program may have unintended operational | ||||||
| 12 | challenges for both payers and providers: | ||||||
| 13 | (1) in no instance shall a medically necessary covered | ||||||
| 14 | service rendered in good faith, based upon eligibility | ||||||
| 15 | information documented by the provider, be denied coverage | ||||||
| 16 | or diminished in payment amount if the eligibility or | ||||||
| 17 | coverage information available at the time the service was | ||||||
| 18 | rendered is later found to be inaccurate in the assignment | ||||||
| 19 | of coverage responsibility between MCOs or the | ||||||
| 20 | fee-for-service system, except for instances when an | ||||||
| 21 | individual is deemed to have not been eligible for | ||||||
| 22 | coverage under the Illinois Medicaid program; and | ||||||
| 23 | (2) the Department shall, by December 31, 2016, adopt | ||||||
| 24 | rules establishing policies that shall be included in the | ||||||
| 25 | Medicaid managed care policy and procedures manual | ||||||
| 26 | addressing payment resolutions in situations in which a | ||||||
| |||||||
| |||||||
| 1 | provider renders services based upon information obtained | ||||||
| 2 | after verifying a patient's eligibility and coverage plan | ||||||
| 3 | through either the Department's current enrollment system | ||||||
| 4 | or a system operated by the coverage plan identified by | ||||||
| 5 | the patient presenting for services: | ||||||
| 6 | (A) such medically necessary covered services | ||||||
| 7 | shall be considered rendered in good faith; | ||||||
| 8 | (B) such policies and procedures shall be | ||||||
| 9 | developed in consultation with industry | ||||||
| 10 | representatives of the Medicaid managed care health | ||||||
| 11 | plans and representatives of provider associations | ||||||
| 12 | representing the majority of providers within the | ||||||
| 13 | identified provider industry; and | ||||||
| 14 | (C) such rules shall be published for a review and | ||||||
| 15 | comment period of no less than 30 days on the | ||||||
| 16 | Department's website with final rules remaining | ||||||
| 17 | available on the Department's website. | ||||||
| 18 | The rules on payment resolutions shall include, but | ||||||
| 19 | not be limited to: | ||||||
| 20 | (A) the extension of the timely filing period; | ||||||
| 21 | (B) retroactive prior authorizations; and | ||||||
| 22 | (C) guaranteed minimum payment rate of no less | ||||||
| 23 | than the current, as of the date of service, | ||||||
| 24 | fee-for-service rate, plus all applicable add-ons, | ||||||
| 25 | when the resulting service relationship is out of | ||||||
| 26 | network. | ||||||
| |||||||
| |||||||
| 1 | The rules shall be applicable for both MCO coverage | ||||||
| 2 | and fee-for-service coverage. | ||||||
| 3 | If the fee-for-service system is ultimately determined to | ||||||
| 4 | have been responsible for coverage on the date of service, the | ||||||
| 5 | Department shall provide for an extended period for claims | ||||||
| 6 | submission outside the standard timely filing requirements. | ||||||
| 7 | (g-6) MCO Performance Metrics Report. | ||||||
| 8 | (1) The Department shall publish, on at least a | ||||||
| 9 | quarterly basis, each MCO's operational performance, | ||||||
| 10 | including, but not limited to, the following categories of | ||||||
| 11 | metrics: | ||||||
| 12 | (A) claims payment, including timeliness and | ||||||
| 13 | accuracy; | ||||||
| 14 | (B) prior authorizations; | ||||||
| 15 | (C) grievance and appeals; | ||||||
| 16 | (D) utilization statistics; | ||||||
| 17 | (E) provider disputes; | ||||||
| 18 | (F) provider credentialing; and | ||||||
| 19 | (G) member and provider customer service. | ||||||
| 20 | (2) The Department shall ensure that the metrics | ||||||
| 21 | report is accessible to providers online by January 1, | ||||||
| 22 | 2017. | ||||||
| 23 | (3) The metrics shall be developed in consultation | ||||||
| 24 | with industry representatives of the Medicaid managed care | ||||||
| 25 | health plans and representatives of associations | ||||||
| 26 | representing the majority of providers within the | ||||||
| |||||||
| |||||||
| 1 | identified industry. | ||||||
| 2 | (4) Metrics shall be defined and incorporated into the | ||||||
| 3 | applicable Managed Care Policy Manual issued by the | ||||||
| 4 | Department. | ||||||
| 5 | (g-7) MCO claims processing and performance analysis. In | ||||||
| 6 | order to monitor MCO payments to hospital providers, pursuant | ||||||
| 7 | to Public Act 100-580, the Department shall post an analysis | ||||||
| 8 | of MCO claims processing and payment performance on its | ||||||
| 9 | website every 6 months. Such analysis shall include a review | ||||||
| 10 | and evaluation of a representative sample of hospital claims | ||||||
| 11 | that are rejected and denied for clean and unclean claims and | ||||||
| 12 | the top 5 reasons for such actions and timeliness of claims | ||||||
| 13 | adjudication, which identifies the percentage of claims | ||||||
| 14 | adjudicated within 30, 60, 90, and over 90 days, and the dollar | ||||||
| 15 | amounts associated with those claims. | ||||||
| 16 | (g-8) Dispute resolution process. The Department shall | ||||||
| 17 | maintain a provider complaint portal through which a provider | ||||||
| 18 | can submit to the Department unresolved disputes with an MCO. | ||||||
| 19 | An unresolved dispute means an MCO's decision that denies in | ||||||
| 20 | whole or in part a claim for reimbursement to a provider for | ||||||
| 21 | health care services rendered by the provider to an enrollee | ||||||
| 22 | of the MCO with which the provider disagrees. Disputes shall | ||||||
| 23 | not be submitted to the portal until the provider has availed | ||||||
| 24 | itself of the MCO's internal dispute resolution process. | ||||||
| 25 | Disputes that are submitted to the MCO internal dispute | ||||||
| 26 | resolution process may be submitted to the Department of | ||||||
| |||||||
| |||||||
| 1 | Healthcare and Family Services' complaint portal no sooner | ||||||
| 2 | than 30 days after submitting to the MCO's internal process | ||||||
| 3 | and not later than 30 days after the unsatisfactory resolution | ||||||
| 4 | of the internal MCO process or 60 days after submitting the | ||||||
| 5 | dispute to the MCO internal process. Multiple claim disputes | ||||||
| 6 | involving the same MCO may be submitted in one complaint, | ||||||
| 7 | regardless of whether the claims are for different enrollees, | ||||||
| 8 | when the specific reason for non-payment of the claims | ||||||
| 9 | involves a common question of fact or policy. Within 10 | ||||||
| 10 | business days of receipt of a complaint, the Department shall | ||||||
| 11 | present such disputes to the appropriate MCO, which shall then | ||||||
| 12 | have 30 days to issue its written proposal to resolve the | ||||||
| 13 | dispute. The Department may grant one 30-day extension of this | ||||||
| 14 | time frame to one of the parties to resolve the dispute. If the | ||||||
| 15 | dispute remains unresolved at the end of this time frame or the | ||||||
| 16 | provider is not satisfied with the MCO's written proposal to | ||||||
| 17 | resolve the dispute, the provider may, within 30 days, request | ||||||
| 18 | the Department to review the dispute and make a final | ||||||
| 19 | determination. Within 30 days of the request for Department | ||||||
| 20 | review of the dispute, both the provider and the MCO shall | ||||||
| 21 | present all relevant information to the Department for | ||||||
| 22 | resolution and make individuals with knowledge of the issues | ||||||
| 23 | available to the Department for further inquiry if needed. | ||||||
| 24 | Within 30 days of receiving the relevant information on the | ||||||
| 25 | dispute, or the lapse of the period for submitting such | ||||||
| 26 | information, the Department shall issue a written decision on | ||||||
| |||||||
| |||||||
| 1 | the dispute based on contractual terms between the provider | ||||||
| 2 | and the MCO, contractual terms between the MCO and the | ||||||
| 3 | Department of Healthcare and Family Services and applicable | ||||||
| 4 | Medicaid policy. The decision of the Department shall be | ||||||
| 5 | final. By January 1, 2020, the Department shall establish by | ||||||
| 6 | rule further details of this dispute resolution process. | ||||||
| 7 | Disputes between MCOs and providers presented to the | ||||||
| 8 | Department for resolution are not contested cases, as defined | ||||||
| 9 | in Section 1-30 of the Illinois Administrative Procedure Act, | ||||||
| 10 | conferring any right to an administrative hearing. | ||||||
| 11 | (g-9)(1) The Department shall publish annually on its | ||||||
| 12 | website a report on the calculation of each managed care | ||||||
| 13 | organization's medical loss ratio showing the following: | ||||||
| 14 | (A) Premium revenue, with appropriate adjustments. | ||||||
| 15 | (B) Benefit expense, setting forth the aggregate | ||||||
| 16 | amount spent for the following: | ||||||
| 17 | (i) Direct paid claims. | ||||||
| 18 | (ii) Subcapitation payments. | ||||||
| 19 | (iii) Other claim payments. | ||||||
| 20 | (iv) Direct reserves. | ||||||
| 21 | (v) Gross recoveries. | ||||||
| 22 | (vi) Expenses for activities that improve health | ||||||
| 23 | care quality as allowed by the Department. | ||||||
| 24 | (2) The medical loss ratio shall be calculated consistent | ||||||
| 25 | with federal law and regulation following a claims runout | ||||||
| 26 | period determined by the Department. | ||||||
| |||||||
| |||||||
| 1 | (g-10)(1) "Liability effective date" means the date on | ||||||
| 2 | which an MCO becomes responsible for payment for medically | ||||||
| 3 | necessary and covered services rendered by a provider to one | ||||||
| 4 | of its enrollees in accordance with the contract terms between | ||||||
| 5 | the MCO and the provider. The liability effective date shall | ||||||
| 6 | be the later of: | ||||||
| 7 | (A) The execution date of a network participation | ||||||
| 8 | contract agreement. | ||||||
| 9 | (B) The date the provider or its representative | ||||||
| 10 | submits to the MCO the complete and accurate standardized | ||||||
| 11 | roster form for the provider in the format approved by the | ||||||
| 12 | Department. | ||||||
| 13 | (C) The provider effective date contained within the | ||||||
| 14 | Department's provider enrollment subsystem within the | ||||||
| 15 | Illinois Medicaid Program Advanced Cloud Technology | ||||||
| 16 | (IMPACT) System. | ||||||
| 17 | (2) The standardized roster form may be submitted to the | ||||||
| 18 | MCO at the same time that the provider submits an enrollment | ||||||
| 19 | application to the Department through IMPACT. | ||||||
| 20 | (3) By October 1, 2019, the Department shall require all | ||||||
| 21 | MCOs to update their provider directory with information for | ||||||
| 22 | new practitioners of existing contracted providers within 30 | ||||||
| 23 | days of receipt of a complete and accurate standardized roster | ||||||
| 24 | template in the format approved by the Department provided | ||||||
| 25 | that the provider is effective in the Department's provider | ||||||
| 26 | enrollment subsystem within the IMPACT system. Such provider | ||||||
| |||||||
| |||||||
| 1 | directory shall be readily accessible for purposes of | ||||||
| 2 | selecting an approved health care provider and comply with all | ||||||
| 3 | other federal and State requirements. | ||||||
| 4 | (g-11) The Department shall work with relevant | ||||||
| 5 | stakeholders on the development of operational guidelines to | ||||||
| 6 | enhance and improve operational performance of Illinois' | ||||||
| 7 | Medicaid managed care program, including, but not limited to, | ||||||
| 8 | improving provider billing practices, reducing claim | ||||||
| 9 | rejections and inappropriate payment denials, and | ||||||
| 10 | standardizing processes, procedures, definitions, and response | ||||||
| 11 | timelines, with the goal of reducing provider and MCO | ||||||
| 12 | administrative burdens and conflict. The Department shall | ||||||
| 13 | include a report on the progress of these program improvements | ||||||
| 14 | and other topics in its Fiscal Year 2020 annual report to the | ||||||
| 15 | General Assembly. | ||||||
| 16 | (g-12) Notwithstanding any other provision of law, if the | ||||||
| 17 | Department or an MCO requires submission of a claim for | ||||||
| 18 | payment in a non-electronic format, a provider shall always be | ||||||
| 19 | afforded a period of no less than 90 business days, as a | ||||||
| 20 | correction period, following any notification of rejection by | ||||||
| 21 | either the Department or the MCO to correct errors or | ||||||
| 22 | omissions in the original submission. | ||||||
| 23 | Under no circumstances, either by an MCO or under the | ||||||
| 24 | State's fee-for-service system, shall a provider be denied | ||||||
| 25 | payment for failure to comply with any timely submission | ||||||
| 26 | requirements under this Code or under any existing contract, | ||||||
| |||||||
| |||||||
| 1 | unless the non-electronic format claim submission occurs after | ||||||
| 2 | the initial 180 days following the latest date of service on | ||||||
| 3 | the claim, or after the 90 business days correction period | ||||||
| 4 | following notification to the provider of rejection or denial | ||||||
| 5 | of payment. | ||||||
| 6 | (g-13) Utilization Review Standardization and | ||||||
| 7 | Transparency. | ||||||
| 8 | (1) To ensure greater standardization and transparency | ||||||
| 9 | related to service authorization determinations, for all | ||||||
| 10 | individuals covered under the medical assistance program, | ||||||
| 11 | including both the fee-for-service and managed care | ||||||
| 12 | programs, the Department shall, in consultation with the | ||||||
| 13 | MCOs, a statewide association representing the MCOs, a | ||||||
| 14 | statewide association representing the majority of | ||||||
| 15 | Illinois hospitals, a statewide association representing | ||||||
| 16 | physicians, or any other interested parties deemed | ||||||
| 17 | appropriate by the Department, adopt administrative rules | ||||||
| 18 | consistent with this subsection, in accordance with the | ||||||
| 19 | Illinois Administrative Procedure Act. | ||||||
| 20 | (2) Prior to July 1, 2025, the Department shall in | ||||||
| 21 | accordance with the Illinois Administrative Procedure Act | ||||||
| 22 | adopt rules which govern MCO practices for dates of | ||||||
| 23 | services on and after July 1, 2025, as follows: | ||||||
| 24 | (A) guidelines related to the publication of MCO | ||||||
| 25 | authorization policies; | ||||||
| 26 | (B) procedures that, due to medical complexity, | ||||||
| |||||||
| |||||||
| 1 | must be reimbursed under the applicable inpatient | ||||||
| 2 | methodology, when provided in the inpatient setting | ||||||
| 3 | and billed as an inpatient service; | ||||||
| 4 | (C) standardization of administrative forms used | ||||||
| 5 | in the member appeal process; | ||||||
| 6 | (D) limitations on second or subsequent medical | ||||||
| 7 | necessity review of a health care service already | ||||||
| 8 | authorized by the MCO or URO under a service | ||||||
| 9 | authorization program; | ||||||
| 10 | (E) standardization of peer-to-peer processes and | ||||||
| 11 | timelines; | ||||||
| 12 | (F) defined criteria for urgent and standard | ||||||
| 13 | post-acute care service authorization requests; and | ||||||
| 14 | (G) standardized criteria for service | ||||||
| 15 | authorization programs for authorization of admission | ||||||
| 16 | to a long-term acute care hospital. | ||||||
| 17 | (3) The Department shall expand the scope of the | ||||||
| 18 | quality and compliance audits conducted by its contracted | ||||||
| 19 | external quality review organization to include, but not | ||||||
| 20 | be limited to: | ||||||
| 21 | (A) an analysis of the Medicaid MCO's compliance | ||||||
| 22 | with nationally recognized clinical decision | ||||||
| 23 | guidelines; | ||||||
| 24 | (B) an analysis that compares and contrasts the | ||||||
| 25 | Medicaid MCO's service authorization determination | ||||||
| 26 | outcomes to the outcomes of each other MCO plan and the | ||||||
| |||||||
| |||||||
| 1 | State's fee-for-service program model to evaluate | ||||||
| 2 | whether service authorization determinations are being | ||||||
| 3 | made consistently by all Medicaid MCOs to ensure that | ||||||
| 4 | all individuals are being treated in accordance with | ||||||
| 5 | equitable standards of care; | ||||||
| 6 | (C) an analysis, for each Medicaid MCO, of the | ||||||
| 7 | number of service authorization requests, including | ||||||
| 8 | requests for concurrent review and certification of | ||||||
| 9 | admissions, received, initially denied, overturned | ||||||
| 10 | through any post-denial process including, but not | ||||||
| 11 | limited to, enrollee or provider appeal, peer-to-peer | ||||||
| 12 | review, or the provider dispute resolution process, | ||||||
| 13 | denied but approved for a lower or different level of | ||||||
| 14 | care, and the number denied on final determination; | ||||||
| 15 | and | ||||||
| 16 | (D) provide a written report to the General | ||||||
| 17 | Assembly, detailing the items listed in this | ||||||
| 18 | subsection and any other metrics deemed necessary by | ||||||
| 19 | the Department, by the second April, following June 7, | ||||||
| 20 | 2024 (the effective date of Public Act 103-593) this | ||||||
| 21 | amendatory Act of the 103rd General Assembly, and each | ||||||
| 22 | April thereafter. The Department shall make this | ||||||
| 23 | report available within 30 days of delivery to the | ||||||
| 24 | General Assembly, on its public facing website. | ||||||
| 25 | (h) The Department shall not expand mandatory MCO | ||||||
| 26 | enrollment into new counties beyond those counties already | ||||||
| |||||||
| |||||||
| 1 | designated by the Department as of June 1, 2014 for the | ||||||
| 2 | individuals whose eligibility for medical assistance is not | ||||||
| 3 | the seniors or people with disabilities population until the | ||||||
| 4 | Department provides an opportunity for accountable care | ||||||
| 5 | entities and MCOs to participate in such newly designated | ||||||
| 6 | counties. | ||||||
| 7 | (h-5) Leading indicator data sharing. By January 1, 2024, | ||||||
| 8 | the Department shall obtain input from the Department of Human | ||||||
| 9 | Services, the Department of Juvenile Justice, the Department | ||||||
| 10 | of Children and Family Services, the State Board of Education, | ||||||
| 11 | managed care organizations, providers, and clinical experts to | ||||||
| 12 | identify and analyze key indicators and data elements that can | ||||||
| 13 | be used in an analysis of lead indicators from assessments and | ||||||
| 14 | data sets available to the Department that can be shared with | ||||||
| 15 | managed care organizations and similar care coordination | ||||||
| 16 | entities contracted with the Department as leading indicators | ||||||
| 17 | for elevated behavioral health crisis risk for children, | ||||||
| 18 | including data sets such as the Illinois Medicaid | ||||||
| 19 | Comprehensive Assessment of Needs and Strengths (IM-CANS), | ||||||
| 20 | calls made to the State's Crisis and Referral Entry Services | ||||||
| 21 | (CARES) hotline, health services information from Health and | ||||||
| 22 | Human Services Innovators, or other data sets that may include | ||||||
| 23 | key indicators. The workgroup shall complete its | ||||||
| 24 | recommendations for leading indicator data elements on or | ||||||
| 25 | before September 1, 2024. To the extent permitted by State and | ||||||
| 26 | federal law, the identified leading indicators shall be shared | ||||||
| |||||||
| |||||||
| 1 | with managed care organizations and similar care coordination | ||||||
| 2 | entities contracted with the Department on or before December | ||||||
| 3 | 1, 2024 for the purpose of improving care coordination with | ||||||
| 4 | the early detection of elevated risk. Leading indicators shall | ||||||
| 5 | be reassessed annually with stakeholder input. The Department | ||||||
| 6 | shall implement guidance to managed care organizations and | ||||||
| 7 | similar care coordination entities contracted with the | ||||||
| 8 | Department, so that the managed care organizations and care | ||||||
| 9 | coordination entities respond to lead indicators with services | ||||||
| 10 | and interventions that are designed to help stabilize the | ||||||
| 11 | child. | ||||||
| 12 | (i) The requirements of this Section apply to contracts | ||||||
| 13 | with accountable care entities and MCOs entered into, amended, | ||||||
| 14 | or renewed after June 16, 2014 (the effective date of Public | ||||||
| 15 | Act 98-651). | ||||||
| 16 | (j) Health care information released to managed care | ||||||
| 17 | organizations. A health care provider shall release to a | ||||||
| 18 | Medicaid managed care organization, upon request, and subject | ||||||
| 19 | to the Health Insurance Portability and Accountability Act of | ||||||
| 20 | 1996 and any other law applicable to the release of health | ||||||
| 21 | information, the health care information of the MCO's | ||||||
| 22 | enrollee, if the enrollee has completed and signed a general | ||||||
| 23 | release form that grants to the health care provider | ||||||
| 24 | permission to release the recipient's health care information | ||||||
| 25 | to the recipient's insurance carrier. | ||||||
| 26 | (k) The Department of Healthcare and Family Services, | ||||||
| |||||||
| |||||||
| 1 | managed care organizations, a statewide organization | ||||||
| 2 | representing hospitals, and a statewide organization | ||||||
| 3 | representing safety-net hospitals shall explore ways to | ||||||
| 4 | support billing departments in safety-net hospitals. | ||||||
| 5 | (l) The requirements of this Section added by Public Act | ||||||
| 6 | 102-4 shall apply to services provided on or after the first | ||||||
| 7 | day of the month that begins 60 days after April 27, 2021 (the | ||||||
| 8 | effective date of Public Act 102-4). | ||||||
| 9 | (m) Except where otherwise expressly specified, the | ||||||
| 10 | requirements of this Section added by Public Act 103-593 this | ||||||
| 11 | amendatory Act of the 103rd General Assembly shall apply to | ||||||
| 12 | services provided on or after July 1, 2025. | ||||||
| 13 | (Source: P.A. 102-4, eff. 4-27-21; 102-43, eff. 7-6-21; | ||||||
| 14 | 102-144, eff. 1-1-22; 102-454, eff. 8-20-21; 102-813, eff. | ||||||
| 15 | 5-13-22; 103-546, eff. 8-11-23; 103-593, eff. 6-7-24; 103-885, | ||||||
| 16 | eff. 8-9-24; revised 10-7-24.)
| ||||||
| 17 | (305 ILCS 5/5-52) | ||||||
| 18 | Sec. 5-52. Custom prosthetic and orthotic devices; | ||||||
| 19 | reimbursement rates. Subject to federal approval, for dates of | ||||||
| 20 | service beginning on and after January 1, 2025, the Department | ||||||
| 21 | shall increase the current 2024 Medicaid rate by 7% under the | ||||||
| 22 | medical assistance program for custom prosthetic and orthotic | ||||||
| 23 | devices. | ||||||
| 24 | (Source: P.A. 103-593, eff. 6-7-24.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5-56) | ||||||
| 2 | (This Section may contain text from a Public Act with a | ||||||
| 3 | delayed effective date) | ||||||
| 4 | Sec. 5-56 5-52. Coverage for hormonal therapy to treat | ||||||
| 5 | menopause. The medical assistance program shall provide | ||||||
| 6 | coverage for medically necessary hormone therapy treatment to | ||||||
| 7 | treat menopause that has been induced by a hysterectomy. | ||||||
| 8 | (Source: P.A. 103-703, eff. 1-1-26; revised 10-2-24.)
| ||||||
| 9 | (305 ILCS 5/5-57) | ||||||
| 10 | Sec. 5-57 5-52. Genetic testing and evidence-based | ||||||
| 11 | screenings for an inherited gene mutation. | ||||||
| 12 | (a) In this Section, "genetic testing for an inherited | ||||||
| 13 | mutation" means germline multi-gene testing for an inherited | ||||||
| 14 | mutation associated with an increased risk of cancer in | ||||||
| 15 | accordance with evidence-based, clinical practice guidelines. | ||||||
| 16 | (b) Subject to federal approval, the medical assistance | ||||||
| 17 | program, after January 1, 2026, shall provide coverage for | ||||||
| 18 | clinical genetic testing for an inherited gene mutation for | ||||||
| 19 | individuals with a personal or family history of cancer, as | ||||||
| 20 | recommended by a health care professional in accordance with | ||||||
| 21 | current evidence-based clinical practice guidelines, | ||||||
| 22 | including, but not limited to, the current version of the | ||||||
| 23 | National Comprehensive Cancer Network clinical practice | ||||||
| 24 | guidelines. | ||||||
| 25 | (c) For individuals with a genetic test that is positive | ||||||
| |||||||
| |||||||
| 1 | for an inherited mutation associated with an increased risk of | ||||||
| 2 | cancer, coverage required under this Section shall include any | ||||||
| 3 | evidence-based screenings, as recommended by a health care | ||||||
| 4 | professional in accordance with current evidence-based | ||||||
| 5 | clinical practice guidelines, to the extent that the | ||||||
| 6 | management recommendation is not already covered by the | ||||||
| 7 | medical assistance program. In this subsection, | ||||||
| 8 | "evidence-based cancer screenings" means medically recommended | ||||||
| 9 | evidence-based screening modalities in accordance with current | ||||||
| 10 | clinical practice guidelines. | ||||||
| 11 | (Source: P.A. 103-914, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 12 | (305 ILCS 5/14-12) | ||||||
| 13 | Sec. 14-12. Hospital rate reform payment system. The | ||||||
| 14 | hospital payment system pursuant to Section 14-11 of this | ||||||
| 15 | Article shall be as follows: | ||||||
| 16 | (a) Inpatient hospital services. Effective for discharges | ||||||
| 17 | on and after July 1, 2014, reimbursement for inpatient general | ||||||
| 18 | acute care services shall utilize the All Patient Refined | ||||||
| 19 | Diagnosis Related Grouping (APR-DRG) software, version 30, | ||||||
| 20 | distributed by 3MTM Health Information System. | ||||||
| 21 | (1) The Department shall establish Medicaid weighting | ||||||
| 22 | factors to be used in the reimbursement system established | ||||||
| 23 | under this subsection. Initial weighting factors shall be | ||||||
| 24 | the weighting factors as published by 3M Health | ||||||
| 25 | Information System, associated with Version 30.0 adjusted | ||||||
| |||||||
| |||||||
| 1 | for the Illinois experience. | ||||||
| 2 | (2) The Department shall establish a | ||||||
| 3 | statewide-standardized amount to be used in the inpatient | ||||||
| 4 | reimbursement system. The Department shall publish these | ||||||
| 5 | amounts on its website no later than 10 calendar days | ||||||
| 6 | prior to their effective date. | ||||||
| 7 | (3) In addition to the statewide-standardized amount, | ||||||
| 8 | the Department shall develop adjusters to adjust the rate | ||||||
| 9 | of reimbursement for critical Medicaid providers or | ||||||
| 10 | services for trauma, transplantation services, perinatal | ||||||
| 11 | care, and Graduate Medical Education (GME). | ||||||
| 12 | (4) The Department shall develop add-on payments to | ||||||
| 13 | account for exceptionally costly inpatient stays, | ||||||
| 14 | consistent with Medicare outlier principles. Outlier fixed | ||||||
| 15 | loss thresholds may be updated to control for excessive | ||||||
| 16 | growth in outlier payments no more frequently than on an | ||||||
| 17 | annual basis, but at least once every 4 years. Upon | ||||||
| 18 | updating the fixed loss thresholds, the Department shall | ||||||
| 19 | be required to update base rates within 12 months. | ||||||
| 20 | (5) The Department shall define those hospitals or | ||||||
| 21 | distinct parts of hospitals that shall be exempt from the | ||||||
| 22 | APR-DRG reimbursement system established under this | ||||||
| 23 | Section. The Department shall publish these hospitals' | ||||||
| 24 | inpatient rates on its website no later than 10 calendar | ||||||
| 25 | days prior to their effective date. | ||||||
| 26 | (6) Beginning July 1, 2014 and ending on December 31, | ||||||
| |||||||
| |||||||
| 1 | 2023, in addition to the statewide-standardized amount, | ||||||
| 2 | the Department shall develop an adjustor to adjust the | ||||||
| 3 | rate of reimbursement for safety-net hospitals defined in | ||||||
| 4 | Section 5-5e.1 of this Code excluding pediatric hospitals. | ||||||
| 5 | (7) Beginning July 1, 2014, in addition to the | ||||||
| 6 | statewide-standardized amount, the Department shall | ||||||
| 7 | develop an adjustor to adjust the rate of reimbursement | ||||||
| 8 | for Illinois freestanding inpatient psychiatric hospitals | ||||||
| 9 | that are not designated as children's hospitals by the | ||||||
| 10 | Department but are primarily treating patients under the | ||||||
| 11 | age of 21. | ||||||
| 12 | (7.5) (Blank). | ||||||
| 13 | (8) Beginning July 1, 2018, in addition to the | ||||||
| 14 | statewide-standardized amount, the Department shall adjust | ||||||
| 15 | the rate of reimbursement for hospitals designated by the | ||||||
| 16 | Department of Public Health as a Perinatal Level II or II+ | ||||||
| 17 | center by applying the same adjustor that is applied to | ||||||
| 18 | Perinatal and Obstetrical care cases for Perinatal Level | ||||||
| 19 | III centers, as of December 31, 2017. | ||||||
| 20 | (9) Beginning July 1, 2018, in addition to the | ||||||
| 21 | statewide-standardized amount, the Department shall apply | ||||||
| 22 | the same adjustor that is applied to trauma cases as of | ||||||
| 23 | December 31, 2017 to inpatient claims to treat patients | ||||||
| 24 | with burns, including, but not limited to, APR-DRGs 841, | ||||||
| 25 | 842, 843, and 844. | ||||||
| 26 | (10) Beginning July 1, 2018, the | ||||||
| |||||||
| |||||||
| 1 | statewide-standardized amount for inpatient general acute | ||||||
| 2 | care services shall be uniformly increased so that base | ||||||
| 3 | claims projected reimbursement is increased by an amount | ||||||
| 4 | equal to the funds allocated in paragraph (1) of | ||||||
| 5 | subsection (b) of Section 5A-12.6, less the amount | ||||||
| 6 | allocated under paragraphs (8) and (9) of this subsection | ||||||
| 7 | and paragraphs (3) and (4) of subsection (b) multiplied by | ||||||
| 8 | 40%. | ||||||
| 9 | (11) Beginning July 1, 2018, the reimbursement for | ||||||
| 10 | inpatient rehabilitation services shall be increased by | ||||||
| 11 | the addition of a $96 per day add-on. | ||||||
| 12 | (b) Outpatient hospital services. Effective for dates of | ||||||
| 13 | service on and after July 1, 2014, reimbursement for | ||||||
| 14 | outpatient services shall utilize the Enhanced Ambulatory | ||||||
| 15 | Procedure Grouping (EAPG) software, version 3.7 distributed by | ||||||
| 16 | 3MTM Health Information System. | ||||||
| 17 | (1) The Department shall establish Medicaid weighting | ||||||
| 18 | factors to be used in the reimbursement system established | ||||||
| 19 | under this subsection. The initial weighting factors shall | ||||||
| 20 | be the weighting factors as published by 3M Health | ||||||
| 21 | Information System, associated with Version 3.7. | ||||||
| 22 | (2) The Department shall establish service specific | ||||||
| 23 | statewide-standardized amounts to be used in the | ||||||
| 24 | reimbursement system. | ||||||
| 25 | (A) The initial statewide standardized amounts, | ||||||
| 26 | with the labor portion adjusted by the Calendar Year | ||||||
| |||||||
| |||||||
| 1 | 2013 Medicare Outpatient Prospective Payment System | ||||||
| 2 | wage index with reclassifications, shall be published | ||||||
| 3 | by the Department on its website no later than 10 | ||||||
| 4 | calendar days prior to their effective date. | ||||||
| 5 | (B) The Department shall establish adjustments to | ||||||
| 6 | the statewide-standardized amounts for each Critical | ||||||
| 7 | Access Hospital, as designated by the Department of | ||||||
| 8 | Public Health in accordance with 42 CFR 485, Subpart | ||||||
| 9 | F. For outpatient services provided on or before June | ||||||
| 10 | 30, 2018, the EAPG standardized amounts are determined | ||||||
| 11 | separately for each critical access hospital such that | ||||||
| 12 | simulated EAPG payments using outpatient base period | ||||||
| 13 | paid claim data plus payments under Section 5A-12.4 of | ||||||
| 14 | this Code net of the associated tax costs are equal to | ||||||
| 15 | the estimated costs of outpatient base period claims | ||||||
| 16 | data with a rate year cost inflation factor applied. | ||||||
| 17 | (3) In addition to the statewide-standardized amounts, | ||||||
| 18 | the Department shall develop adjusters to adjust the rate | ||||||
| 19 | of reimbursement for critical Medicaid hospital outpatient | ||||||
| 20 | providers or services, including outpatient high volume or | ||||||
| 21 | safety-net hospitals. Beginning July 1, 2018, the | ||||||
| 22 | outpatient high volume adjustor shall be increased to | ||||||
| 23 | increase annual expenditures associated with this adjustor | ||||||
| 24 | by $79,200,000, based on the State Fiscal Year 2015 base | ||||||
| 25 | year data and this adjustor shall apply to public | ||||||
| 26 | hospitals, except for large public hospitals, as defined | ||||||
| |||||||
| |||||||
| 1 | under 89 Ill. Adm. Code 148.25(a). | ||||||
| 2 | (4) Beginning July 1, 2018, in addition to the | ||||||
| 3 | statewide standardized amounts, the Department shall make | ||||||
| 4 | an add-on payment for outpatient expensive devices and | ||||||
| 5 | drugs. This add-on payment shall at least apply to claim | ||||||
| 6 | lines that: (i) are assigned with one of the following | ||||||
| 7 | EAPGs: 490, 1001 to 1020, and coded with one of the | ||||||
| 8 | following revenue codes: 0274 to 0276, 0278; or (ii) are | ||||||
| 9 | assigned with one of the following EAPGs: 430 to 441, 443, | ||||||
| 10 | 444, 460 to 465, 495, 496, 1090. The add-on payment shall | ||||||
| 11 | be calculated as follows: the claim line's covered charges | ||||||
| 12 | multiplied by the hospital's total acute cost to charge | ||||||
| 13 | ratio, less the claim line's EAPG payment plus $1,000, | ||||||
| 14 | multiplied by 0.8. | ||||||
| 15 | (5) Beginning July 1, 2018, the statewide-standardized | ||||||
| 16 | amounts for outpatient services shall be increased by a | ||||||
| 17 | uniform percentage so that base claims projected | ||||||
| 18 | reimbursement is increased by an amount equal to no less | ||||||
| 19 | than the funds allocated in paragraph (1) of subsection | ||||||
| 20 | (b) of Section 5A-12.6, less the amount allocated under | ||||||
| 21 | paragraphs (8) and (9) of subsection (a) and paragraphs | ||||||
| 22 | (3) and (4) of this subsection multiplied by 46%. | ||||||
| 23 | (6) Effective for dates of service on or after July 1, | ||||||
| 24 | 2018, the Department shall establish adjustments to the | ||||||
| 25 | statewide-standardized amounts for each Critical Access | ||||||
| 26 | Hospital, as designated by the Department of Public Health | ||||||
| |||||||
| |||||||
| 1 | in accordance with 42 CFR 485, Subpart F, such that each | ||||||
| 2 | Critical Access Hospital's standardized amount for | ||||||
| 3 | outpatient services shall be increased by the applicable | ||||||
| 4 | uniform percentage determined pursuant to paragraph (5) of | ||||||
| 5 | this subsection. It is the intent of the General Assembly | ||||||
| 6 | that the adjustments required under this paragraph (6) by | ||||||
| 7 | Public Act 100-1181 shall be applied retroactively to | ||||||
| 8 | claims for dates of service provided on or after July 1, | ||||||
| 9 | 2018. | ||||||
| 10 | (7) Effective for dates of service on or after March | ||||||
| 11 | 8, 2019 (the effective date of Public Act 100-1181), the | ||||||
| 12 | Department shall recalculate and implement an updated | ||||||
| 13 | statewide-standardized amount for outpatient services | ||||||
| 14 | provided by hospitals that are not Critical Access | ||||||
| 15 | Hospitals to reflect the applicable uniform percentage | ||||||
| 16 | determined pursuant to paragraph (5). | ||||||
| 17 | (1) Any recalculation to the | ||||||
| 18 | statewide-standardized amounts for outpatient services | ||||||
| 19 | provided by hospitals that are not Critical Access | ||||||
| 20 | Hospitals shall be the amount necessary to achieve the | ||||||
| 21 | increase in the statewide-standardized amounts for | ||||||
| 22 | outpatient services increased by a uniform percentage, | ||||||
| 23 | so that base claims projected reimbursement is | ||||||
| 24 | increased by an amount equal to no less than the funds | ||||||
| 25 | allocated in paragraph (1) of subsection (b) of | ||||||
| 26 | Section 5A-12.6, less the amount allocated under | ||||||
| |||||||
| |||||||
| 1 | paragraphs (8) and (9) of subsection (a) and | ||||||
| 2 | paragraphs (3) and (4) of this subsection, for all | ||||||
| 3 | hospitals that are not Critical Access Hospitals, | ||||||
| 4 | multiplied by 46%. | ||||||
| 5 | (2) It is the intent of the General Assembly that | ||||||
| 6 | the recalculations required under this paragraph (7) | ||||||
| 7 | by Public Act 100-1181 shall be applied prospectively | ||||||
| 8 | to claims for dates of service provided on or after | ||||||
| 9 | March 8, 2019 (the effective date of Public Act | ||||||
| 10 | 100-1181) and that no recoupment or repayment by the | ||||||
| 11 | Department or an MCO of payments attributable to | ||||||
| 12 | recalculation under this paragraph (7), issued to the | ||||||
| 13 | hospital for dates of service on or after July 1, 2018 | ||||||
| 14 | and before March 8, 2019 (the effective date of Public | ||||||
| 15 | Act 100-1181), shall be permitted. | ||||||
| 16 | (8) The Department shall ensure that all necessary | ||||||
| 17 | adjustments to the managed care organization capitation | ||||||
| 18 | base rates necessitated by the adjustments under | ||||||
| 19 | subparagraph (6) or (7) of this subsection are completed | ||||||
| 20 | and applied retroactively in accordance with Section | ||||||
| 21 | 5-30.8 of this Code within 90 days of March 8, 2019 (the | ||||||
| 22 | effective date of Public Act 100-1181). | ||||||
| 23 | (9) Within 60 days after federal approval of the | ||||||
| 24 | change made to the assessment in Section 5A-2 by Public | ||||||
| 25 | Act 101-650, the Department shall incorporate into the | ||||||
| 26 | EAPG system for outpatient services those services | ||||||
| |||||||
| |||||||
| 1 | performed by hospitals currently billed through the | ||||||
| 2 | Non-Institutional Provider billing system. | ||||||
| 3 | (b-5) Notwithstanding any other provision of this Section, | ||||||
| 4 | beginning with dates of service on and after January 1, 2023, | ||||||
| 5 | any general acute care hospital with more than 500 outpatient | ||||||
| 6 | psychiatric Medicaid services to persons under 19 years of age | ||||||
| 7 | in any calendar year shall be paid the outpatient add-on | ||||||
| 8 | payment of no less than $113. | ||||||
| 9 | (c) In consultation with the hospital community, the | ||||||
| 10 | Department is authorized to replace 89 Ill. Adm. 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 | ||||||
| 14 | of 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 | ||||||
| 21 | that shall begin on the effective date of these systems and | ||||||
| 22 | continue until June 30, 2018, unless extended by rule by the | ||||||
| 23 | Department. To help provide an orderly and predictable | ||||||
| 24 | transition to the new reimbursement systems and to preserve | ||||||
| 25 | and enhance access to the hospital services during this | ||||||
| 26 | transition, the Department shall allocate a transitional | ||||||
| |||||||
| |||||||
| 1 | hospital access pool of at least $290,000,000 annually so that | ||||||
| 2 | transitional hospital access 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 | ||||||
| 14 | the transitional hospital access pool payments, ensuring | ||||||
| 15 | that the entire transitional hospital access pool amount | ||||||
| 16 | shall continue to be used for hospital payments. | ||||||
| 17 | (d-5) Hospital and health care transformation program. The | ||||||
| 18 | Department shall develop a hospital and health care | ||||||
| 19 | transformation program to provide financial assistance to | ||||||
| 20 | hospitals in transforming their services and care models to | ||||||
| 21 | better align with the needs of the communities they serve. The | ||||||
| 22 | payments authorized in this Section shall be subject to | ||||||
| 23 | approval by the federal government. | ||||||
| 24 | (1) Phase 1. In State fiscal years 2019 through 2020, | ||||||
| 25 | the Department shall allocate funds from the transitional | ||||||
| 26 | access hospital pool to create a hospital transformation | ||||||
| |||||||
| |||||||
| 1 | pool of at least $262,906,870 annually and make hospital | ||||||
| 2 | transformation payments to hospitals. Subject to Section | ||||||
| 3 | 5A-16, in State fiscal years 2019 and 2020, an Illinois | ||||||
| 4 | hospital that received either a transitional hospital | ||||||
| 5 | access payment under subsection (d) or a supplemental | ||||||
| 6 | payment under subsection (f) of this Section in State | ||||||
| 7 | fiscal year 2018, shall receive a hospital transformation | ||||||
| 8 | payment as follows: | ||||||
| 9 | (A) If the hospital's Rate Year 2017 Medicaid | ||||||
| 10 | inpatient utilization rate is equal to or greater than | ||||||
| 11 | 45%, the hospital transformation payment shall be | ||||||
| 12 | equal to 100% of the sum of its transitional hospital | ||||||
| 13 | access payment authorized under subsection (d) and any | ||||||
| 14 | supplemental payment authorized under subsection (f). | ||||||
| 15 | (B) If the hospital's Rate Year 2017 Medicaid | ||||||
| 16 | inpatient utilization rate is equal to or greater than | ||||||
| 17 | 25% but less than 45%, the hospital transformation | ||||||
| 18 | payment shall be equal to 75% of the sum of its | ||||||
| 19 | transitional hospital access payment authorized under | ||||||
| 20 | subsection (d) and any supplemental payment authorized | ||||||
| 21 | under subsection (f). | ||||||
| 22 | (C) If the hospital's Rate Year 2017 Medicaid | ||||||
| 23 | inpatient utilization rate is less than 25%, the | ||||||
| 24 | hospital transformation payment shall be equal to 50% | ||||||
| 25 | of the sum of its transitional hospital access payment | ||||||
| 26 | authorized under subsection (d) and any supplemental | ||||||
| |||||||
| |||||||
| 1 | payment authorized under subsection (f). | ||||||
| 2 | (2) Phase 2. | ||||||
| 3 | (A) The funding amount from phase one shall be | ||||||
| 4 | incorporated into directed payment and pass-through | ||||||
| 5 | payment methodologies described in Section 5A-12.7. | ||||||
| 6 | (B) Because there are communities in Illinois that | ||||||
| 7 | experience significant health care disparities due to | ||||||
| 8 | systemic racism, as recently emphasized by the | ||||||
| 9 | COVID-19 pandemic, aggravated by social determinants | ||||||
| 10 | of health and a lack of sufficiently allocated health | ||||||
| 11 | care healthcare resources, particularly | ||||||
| 12 | community-based services, preventive care, obstetric | ||||||
| 13 | care, chronic disease management, and specialty care, | ||||||
| 14 | the Department shall establish a health care | ||||||
| 15 | transformation program that shall be supported by the | ||||||
| 16 | transformation funding pool. It is the intention of | ||||||
| 17 | the General Assembly that innovative partnerships | ||||||
| 18 | funded by the pool must be designed to establish or | ||||||
| 19 | improve integrated health care delivery systems that | ||||||
| 20 | will provide significant access to the Medicaid and | ||||||
| 21 | uninsured populations in their communities, as well as | ||||||
| 22 | improve health care equity. It is also the intention | ||||||
| 23 | of the General Assembly that partnerships recognize | ||||||
| 24 | and address the disparities revealed by the COVID-19 | ||||||
| 25 | pandemic, as well as the need for post-COVID care. | ||||||
| 26 | During State fiscal years 2021 through 2027, the | ||||||
| |||||||
| |||||||
| 1 | hospital and health care transformation program shall | ||||||
| 2 | be supported by an annual transformation funding pool | ||||||
| 3 | of up to $150,000,000, pending federal matching funds, | ||||||
| 4 | to be allocated during the specified fiscal years for | ||||||
| 5 | the purpose of facilitating hospital and health care | ||||||
| 6 | transformation. No disbursement of moneys for | ||||||
| 7 | transformation projects from the transformation | ||||||
| 8 | funding pool described under this Section shall be | ||||||
| 9 | considered an award, a grant, or an expenditure of | ||||||
| 10 | grant funds. Funding agreements made in accordance | ||||||
| 11 | with the transformation program shall be considered | ||||||
| 12 | purchases of care under the Illinois Procurement Code, | ||||||
| 13 | and funds shall be expended by the Department in a | ||||||
| 14 | manner that maximizes federal funding to expend the | ||||||
| 15 | entire allocated amount. | ||||||
| 16 | The Department shall convene, within 30 days after | ||||||
| 17 | March 12, 2021 (the effective date of Public Act | ||||||
| 18 | 101-655), a workgroup that includes subject matter | ||||||
| 19 | experts on health care healthcare disparities and | ||||||
| 20 | stakeholders from distressed communities, which could | ||||||
| 21 | be a subcommittee of the Medicaid Advisory Committee, | ||||||
| 22 | to review and provide recommendations on how | ||||||
| 23 | Department policy, including health care | ||||||
| 24 | transformation, can improve health disparities and the | ||||||
| 25 | impact on communities disproportionately affected by | ||||||
| 26 | COVID-19. The workgroup shall consider and make | ||||||
| |||||||
| |||||||
| 1 | recommendations on the following issues: a community | ||||||
| 2 | safety-net designation of certain hospitals, racial | ||||||
| 3 | equity, and a regional partnership to bring additional | ||||||
| 4 | specialty services to communities. | ||||||
| 5 | (C) As provided in paragraph (9) of Section 3 of | ||||||
| 6 | the Illinois Health Facilities Planning Act, any | ||||||
| 7 | hospital participating in the transformation program | ||||||
| 8 | may be excluded from the requirements of the Illinois | ||||||
| 9 | Health Facilities Planning Act for those projects | ||||||
| 10 | related to the hospital's transformation. To be | ||||||
| 11 | eligible, the hospital must submit to the Health | ||||||
| 12 | Facilities and Services Review Board approval from the | ||||||
| 13 | Department that the project is a part of the | ||||||
| 14 | hospital's transformation. | ||||||
| 15 | (D) As provided in subsection (a-20) of Section | ||||||
| 16 | 32.5 of the Emergency Medical Services (EMS) Systems | ||||||
| 17 | Act, a hospital that received hospital transformation | ||||||
| 18 | payments under this Section may convert to a | ||||||
| 19 | freestanding emergency center. To be eligible for such | ||||||
| 20 | a conversion, the hospital must submit to the | ||||||
| 21 | Department of Public Health approval from the | ||||||
| 22 | Department that the project is a part of the | ||||||
| 23 | hospital's transformation. | ||||||
| 24 | (E) Criteria for proposals. To be eligible for | ||||||
| 25 | funding under this Section, a transformation proposal | ||||||
| 26 | shall meet all of the following criteria: | ||||||
| |||||||
| |||||||
| 1 | (i) the proposal shall be designed based on | ||||||
| 2 | community needs assessment completed by either a | ||||||
| 3 | University partner or other qualified entity with | ||||||
| 4 | significant community input; | ||||||
| 5 | (ii) the proposal shall be a collaboration | ||||||
| 6 | among providers across the care and community | ||||||
| 7 | spectrum, including preventative care, primary | ||||||
| 8 | care specialty care, hospital services, mental | ||||||
| 9 | health and substance abuse services, as well as | ||||||
| 10 | community-based entities that address the social | ||||||
| 11 | determinants of health; | ||||||
| 12 | (iii) the proposal shall be specifically | ||||||
| 13 | designed to improve health care healthcare | ||||||
| 14 | outcomes and reduce health care healthcare | ||||||
| 15 | disparities, and improve the coordination, | ||||||
| 16 | effectiveness, and efficiency of care delivery; | ||||||
| 17 | (iv) the proposal shall have specific | ||||||
| 18 | measurable metrics related to disparities that | ||||||
| 19 | will be tracked by the Department and made public | ||||||
| 20 | by the Department; | ||||||
| 21 | (v) the proposal shall include a commitment to | ||||||
| 22 | include Business Enterprise Program certified | ||||||
| 23 | vendors or other entities controlled and managed | ||||||
| 24 | by minorities or women; and | ||||||
| 25 | (vi) the proposal shall specifically increase | ||||||
| 26 | access to primary, preventive, or specialty care. | ||||||
| |||||||
| |||||||
| 1 | (F) Entities eligible to be funded. | ||||||
| 2 | (i) Proposals for funding should come from | ||||||
| 3 | collaborations operating in one of the most | ||||||
| 4 | distressed communities in Illinois as determined | ||||||
| 5 | by the U.S. Centers for Disease Control and | ||||||
| 6 | Prevention's Social Vulnerability Index for | ||||||
| 7 | Illinois and areas disproportionately impacted by | ||||||
| 8 | COVID-19 or from rural areas of Illinois. | ||||||
| 9 | (ii) The Department shall prioritize | ||||||
| 10 | partnerships from distressed communities, which | ||||||
| 11 | include Business Enterprise Program certified | ||||||
| 12 | vendors or other entities controlled and managed | ||||||
| 13 | by minorities or women and also include one or | ||||||
| 14 | more of the following: safety-net hospitals, | ||||||
| 15 | critical access hospitals, the campuses of | ||||||
| 16 | hospitals that have closed since January 1, 2018, | ||||||
| 17 | or other health care healthcare providers designed | ||||||
| 18 | to address specific health care healthcare | ||||||
| 19 | disparities, including the impact of COVID-19 on | ||||||
| 20 | individuals and the community and the need for | ||||||
| 21 | post-COVID care. All funded proposals must include | ||||||
| 22 | specific measurable goals and metrics related to | ||||||
| 23 | improved outcomes and reduced disparities which | ||||||
| 24 | shall be tracked by the Department. | ||||||
| 25 | (iii) The Department should target the funding | ||||||
| 26 | in the following ways: $30,000,000 of | ||||||
| |||||||
| |||||||
| 1 | transformation funds to projects that are a | ||||||
| 2 | collaboration between a safety-net hospital, | ||||||
| 3 | particularly community safety-net hospitals, and | ||||||
| 4 | other providers and designed to address specific | ||||||
| 5 | health care healthcare disparities, $20,000,000 of | ||||||
| 6 | transformation funds to collaborations between | ||||||
| 7 | safety-net hospitals and a larger hospital partner | ||||||
| 8 | that increases specialty care in distressed | ||||||
| 9 | communities, $30,000,000 of transformation funds | ||||||
| 10 | to projects that are a collaboration between | ||||||
| 11 | hospitals and other providers in distressed areas | ||||||
| 12 | of the State designed to address specific health | ||||||
| 13 | care healthcare disparities, $15,000,000 to | ||||||
| 14 | collaborations between critical access hospitals | ||||||
| 15 | and other providers designed to address specific | ||||||
| 16 | health care healthcare disparities, and | ||||||
| 17 | $15,000,000 to cross-provider collaborations | ||||||
| 18 | designed to address specific health care | ||||||
| 19 | healthcare disparities, and $5,000,000 to | ||||||
| 20 | collaborations that focus on workforce | ||||||
| 21 | development. | ||||||
| 22 | (iv) The Department may allocate up to | ||||||
| 23 | $5,000,000 for planning, racial equity analysis, | ||||||
| 24 | or consulting resources for the Department or | ||||||
| 25 | entities without the resources to develop a plan | ||||||
| 26 | to meet the criteria of this Section. Any contract | ||||||
| |||||||
| |||||||
| 1 | for consulting services issued by the Department | ||||||
| 2 | under this subparagraph shall comply with the | ||||||
| 3 | provisions of Section 5-45 of the State Officials | ||||||
| 4 | and Employees Ethics Act. Based on availability of | ||||||
| 5 | federal funding, the Department may directly | ||||||
| 6 | procure consulting services or provide funding to | ||||||
| 7 | the collaboration. The provision of resources | ||||||
| 8 | under this subparagraph is not a guarantee that a | ||||||
| 9 | project will be approved. | ||||||
| 10 | (v) The Department shall take steps to ensure | ||||||
| 11 | that safety-net hospitals operating in | ||||||
| 12 | under-resourced communities receive priority | ||||||
| 13 | access to hospital and health care healthcare | ||||||
| 14 | transformation funds, including consulting funds, | ||||||
| 15 | as provided under this Section. | ||||||
| 16 | (G) Process for submitting and approving projects | ||||||
| 17 | for distressed communities. The Department shall issue | ||||||
| 18 | a template for application. The Department shall post | ||||||
| 19 | any proposal received on the Department's website for | ||||||
| 20 | at least 2 weeks for public comment, and any such | ||||||
| 21 | public comment shall also be considered in the review | ||||||
| 22 | process. Applicants may request that proprietary | ||||||
| 23 | financial information be redacted from publicly posted | ||||||
| 24 | proposals and the Department in its discretion may | ||||||
| 25 | agree. Proposals for each distressed community must | ||||||
| 26 | include all of the following: | ||||||
| |||||||
| |||||||
| 1 | (i) A detailed description of how the project | ||||||
| 2 | intends to affect the goals outlined in this | ||||||
| 3 | subsection, describing new interventions, new | ||||||
| 4 | technology, new structures, and other changes to | ||||||
| 5 | the health care healthcare delivery system | ||||||
| 6 | planned. | ||||||
| 7 | (ii) A detailed description of the racial and | ||||||
| 8 | ethnic makeup of the entities' board and | ||||||
| 9 | leadership positions and the salaries of the | ||||||
| 10 | executive staff of entities in the partnership | ||||||
| 11 | that is seeking to obtain funding under this | ||||||
| 12 | Section. | ||||||
| 13 | (iii) A complete budget, including an overall | ||||||
| 14 | timeline and a detailed pathway to sustainability | ||||||
| 15 | within a 5-year period, specifying other sources | ||||||
| 16 | of funding, such as in-kind, cost-sharing, or | ||||||
| 17 | private donations, particularly for capital needs. | ||||||
| 18 | There is an expectation that parties to the | ||||||
| 19 | transformation project dedicate resources to the | ||||||
| 20 | extent they are able and that these expectations | ||||||
| 21 | are delineated separately for each entity in the | ||||||
| 22 | proposal. | ||||||
| 23 | (iv) A description of any new entities formed | ||||||
| 24 | or other legal relationships between collaborating | ||||||
| 25 | entities and how funds will be allocated among | ||||||
| 26 | participants. | ||||||
| |||||||
| |||||||
| 1 | (v) A timeline showing the evolution of sites | ||||||
| 2 | and specific services of the project over a 5-year | ||||||
| 3 | period, including services available to the | ||||||
| 4 | community by site. | ||||||
| 5 | (vi) Clear milestones indicating progress | ||||||
| 6 | toward the proposed goals of the proposal as | ||||||
| 7 | checkpoints along the way to continue receiving | ||||||
| 8 | funding. The Department is authorized to refine | ||||||
| 9 | these milestones in agreements, and is authorized | ||||||
| 10 | to impose reasonable penalties, including | ||||||
| 11 | repayment of funds, for substantial lack of | ||||||
| 12 | progress. | ||||||
| 13 | (vii) A clear statement of the level of | ||||||
| 14 | commitment the project will include for minorities | ||||||
| 15 | and women in contracting opportunities, including | ||||||
| 16 | as equity partners where applicable, or as | ||||||
| 17 | subcontractors and suppliers in all phases of the | ||||||
| 18 | project. | ||||||
| 19 | (viii) If the community study utilized is not | ||||||
| 20 | the study commissioned and published by the | ||||||
| 21 | Department, the applicant must define the | ||||||
| 22 | methodology used, including documentation of clear | ||||||
| 23 | community participation. | ||||||
| 24 | (ix) A description of the process used in | ||||||
| 25 | collaborating with all levels of government in the | ||||||
| 26 | community served in the development of the | ||||||
| |||||||
| |||||||
| 1 | project, including, but not limited to, | ||||||
| 2 | legislators and officials of other units of local | ||||||
| 3 | government. | ||||||
| 4 | (x) Documentation of a community input process | ||||||
| 5 | in the community served, including links to | ||||||
| 6 | proposal materials on public websites. | ||||||
| 7 | (xi) Verifiable project milestones and quality | ||||||
| 8 | metrics that will be impacted by transformation. | ||||||
| 9 | These project milestones and quality metrics must | ||||||
| 10 | be identified with improvement targets that must | ||||||
| 11 | be met. | ||||||
| 12 | (xii) Data on the number of existing employees | ||||||
| 13 | by various job categories and wage levels by the | ||||||
| 14 | zip code of the employees' residence and | ||||||
| 15 | benchmarks for the continued maintenance and | ||||||
| 16 | improvement of these levels. The proposal must | ||||||
| 17 | also describe any retraining or other workforce | ||||||
| 18 | development planned for the new project. | ||||||
| 19 | (xiii) If a new entity is created by the | ||||||
| 20 | project, a description of how the board will be | ||||||
| 21 | reflective of the community served by the | ||||||
| 22 | proposal. | ||||||
| 23 | (xiv) An explanation of how the proposal will | ||||||
| 24 | address the existing disparities that exacerbated | ||||||
| 25 | the impact of COVID-19 and the need for post-COVID | ||||||
| 26 | care in the community, if applicable. | ||||||
| |||||||
| |||||||
| 1 | (xv) An explanation of how the proposal is | ||||||
| 2 | designed to increase access to care, including | ||||||
| 3 | specialty care based upon the community's needs. | ||||||
| 4 | (H) The Department shall evaluate proposals for | ||||||
| 5 | compliance with the criteria listed under subparagraph | ||||||
| 6 | (G). Proposals meeting all of the criteria may be | ||||||
| 7 | eligible for funding with the areas of focus | ||||||
| 8 | prioritized as described in item (ii) of subparagraph | ||||||
| 9 | (F). Based on the funds available, the Department may | ||||||
| 10 | negotiate funding agreements with approved applicants | ||||||
| 11 | to maximize federal funding. Nothing in this | ||||||
| 12 | subsection requires that an approved project be funded | ||||||
| 13 | to the level requested. Agreements shall specify the | ||||||
| 14 | amount of funding anticipated annually, the | ||||||
| 15 | methodology of payments, the limit on the number of | ||||||
| 16 | years such funding may be provided, and the milestones | ||||||
| 17 | and quality metrics that must be met by the projects in | ||||||
| 18 | order to continue to receive funding during each year | ||||||
| 19 | of the program. Agreements shall specify the terms and | ||||||
| 20 | conditions under which a health care facility that | ||||||
| 21 | receives funds under a purchase of care agreement and | ||||||
| 22 | closes in violation of the terms of the agreement must | ||||||
| 23 | pay an early closure fee no greater than 50% of the | ||||||
| 24 | funds it received under the agreement, prior to the | ||||||
| 25 | Health Facilities and Services Review Board | ||||||
| 26 | considering an application for closure of the | ||||||
| |||||||
| |||||||
| 1 | facility. Any project that is funded shall be required | ||||||
| 2 | to provide quarterly written progress reports, in a | ||||||
| 3 | form prescribed by the Department, and at a minimum | ||||||
| 4 | shall include the progress made in achieving any | ||||||
| 5 | milestones or metrics or Business Enterprise Program | ||||||
| 6 | commitments in its plan. The Department may reduce or | ||||||
| 7 | end payments, as set forth in transformation plans, if | ||||||
| 8 | milestones or metrics or Business Enterprise Program | ||||||
| 9 | commitments are not achieved. The Department shall | ||||||
| 10 | seek to make payments from the transformation fund in | ||||||
| 11 | a manner that is eligible for federal matching funds. | ||||||
| 12 | In reviewing the proposals, the Department shall | ||||||
| 13 | take into account the needs of the community, data | ||||||
| 14 | from the study commissioned by the Department from the | ||||||
| 15 | University of Illinois-Chicago if applicable, feedback | ||||||
| 16 | from public comment on the Department's website, as | ||||||
| 17 | well as how the proposal meets the criteria listed | ||||||
| 18 | under subparagraph (G). Alignment with the | ||||||
| 19 | Department's overall strategic initiatives shall be an | ||||||
| 20 | important factor. To the extent that fiscal year | ||||||
| 21 | funding is not adequate to fund all eligible projects | ||||||
| 22 | that apply, the Department shall prioritize | ||||||
| 23 | applications that most comprehensively and effectively | ||||||
| 24 | address the criteria listed under subparagraph (G). | ||||||
| 25 | (3) (Blank). | ||||||
| 26 | (4) Hospital Transformation Review Committee. There is | ||||||
| |||||||
| |||||||
| 1 | created the Hospital Transformation Review Committee. The | ||||||
| 2 | Committee shall consist of 14 members. No later than 30 | ||||||
| 3 | days after March 12, 2018 (the effective date of Public | ||||||
| 4 | Act 100-581), the 4 legislative leaders shall each appoint | ||||||
| 5 | 3 members; the Governor shall appoint the Director of | ||||||
| 6 | Healthcare and Family Services, or his or her designee, as | ||||||
| 7 | a member; and the Director of Healthcare and Family | ||||||
| 8 | Services shall appoint one member. Any vacancy shall be | ||||||
| 9 | filled by the applicable appointing authority within 15 | ||||||
| 10 | calendar days. The members of the Committee shall select a | ||||||
| 11 | Chair and a Vice-Chair from among its members, provided | ||||||
| 12 | that the Chair and Vice-Chair cannot be appointed by the | ||||||
| 13 | same appointing authority and must be from different | ||||||
| 14 | political parties. The Chair shall have the authority to | ||||||
| 15 | establish a meeting schedule and convene meetings of the | ||||||
| 16 | Committee, and the Vice-Chair shall have the authority to | ||||||
| 17 | convene meetings in the absence of the Chair. The | ||||||
| 18 | Committee may establish its own rules with respect to | ||||||
| 19 | meeting schedule, notice of meetings, and the disclosure | ||||||
| 20 | of documents; however, the Committee shall not have the | ||||||
| 21 | power to subpoena individuals or documents and any rules | ||||||
| 22 | must be approved by 9 of the 14 members. The Committee | ||||||
| 23 | shall perform the functions described in this Section and | ||||||
| 24 | advise and consult with the Director in the administration | ||||||
| 25 | of this Section. In addition to reviewing and approving | ||||||
| 26 | the policies, procedures, and rules for the hospital and | ||||||
| |||||||
| |||||||
| 1 | health care transformation program, the Committee shall | ||||||
| 2 | consider and make recommendations related to qualifying | ||||||
| 3 | criteria and payment methodologies related to safety-net | ||||||
| 4 | hospitals and children's hospitals. Members of the | ||||||
| 5 | Committee appointed by the legislative leaders shall be | ||||||
| 6 | subject to the jurisdiction of the Legislative Ethics | ||||||
| 7 | Commission, not the Executive Ethics Commission, and all | ||||||
| 8 | requests under the Freedom of Information Act shall be | ||||||
| 9 | directed to the applicable Freedom of Information officer | ||||||
| 10 | for the General Assembly. The Department shall provide | ||||||
| 11 | operational support to the Committee as necessary. The | ||||||
| 12 | Committee is dissolved on April 1, 2019. | ||||||
| 13 | (e) Beginning 36 months after initial implementation, the | ||||||
| 14 | Department shall update the reimbursement components in | ||||||
| 15 | subsections (a) and (b), including standardized amounts and | ||||||
| 16 | weighting factors, and at least once every 4 years and no more | ||||||
| 17 | frequently than annually thereafter. The Department shall | ||||||
| 18 | publish these updates on its website no later than 30 calendar | ||||||
| 19 | days prior to their effective date. | ||||||
| 20 | (f) Continuation of supplemental payments. Any | ||||||
| 21 | supplemental payments authorized under 89 Illinois | ||||||
| 22 | Administrative Code 148 effective January 1, 2014 and that | ||||||
| 23 | continue during the period of July 1, 2014 through December | ||||||
| 24 | 31, 2014 shall remain in effect as long as the assessment | ||||||
| 25 | imposed by Section 5A-2 that is in effect on December 31, 2017 | ||||||
| 26 | remains in effect. | ||||||
| |||||||
| |||||||
| 1 | (g) Notwithstanding subsections (a) through (f) of this | ||||||
| 2 | Section and notwithstanding the changes authorized under | ||||||
| 3 | Section 5-5b.1, any updates to the system shall not result in | ||||||
| 4 | any diminishment of the overall effective rates of | ||||||
| 5 | reimbursement as of the implementation date of the new system | ||||||
| 6 | (July 1, 2014). These updates shall not preclude variations in | ||||||
| 7 | any individual component of the system or hospital rate | ||||||
| 8 | variations. Nothing in this Section shall prohibit the | ||||||
| 9 | Department from increasing the rates of reimbursement or | ||||||
| 10 | developing payments to ensure access to hospital services. | ||||||
| 11 | Nothing in this Section shall be construed to guarantee a | ||||||
| 12 | minimum amount of spending in the aggregate or per hospital as | ||||||
| 13 | spending may be impacted by factors, including, but not | ||||||
| 14 | limited to, the number of individuals in the medical | ||||||
| 15 | assistance program and the severity of illness of the | ||||||
| 16 | individuals. | ||||||
| 17 | (h) The Department shall have the authority to modify by | ||||||
| 18 | rulemaking any changes to the rates or methodologies in this | ||||||
| 19 | Section as required by the federal government to obtain | ||||||
| 20 | federal financial participation for expenditures made under | ||||||
| 21 | this Section. | ||||||
| 22 | (i) Except for subsections (g) and (h) of this Section, | ||||||
| 23 | the Department shall, pursuant to subsection (c) of Section | ||||||
| 24 | 5-40 of the Illinois Administrative Procedure Act, provide for | ||||||
| 25 | presentation at the June 2014 hearing of the Joint Committee | ||||||
| 26 | on Administrative Rules (JCAR) additional written notice to | ||||||
| |||||||
| |||||||
| 1 | JCAR of the following rules in order to commence the second | ||||||
| 2 | notice period for the following rules: rules published in the | ||||||
| 3 | Illinois Register, rule dated February 21, 2014 at 38 Ill. | ||||||
| 4 | Reg. 4559 (Medical Payment), 4628 (Specialized Health Care | ||||||
| 5 | Delivery Systems), 4640 (Hospital Services), 4932 (Diagnostic | ||||||
| 6 | Related Grouping (DRG) Prospective Payment System (PPS)), and | ||||||
| 7 | 4977 (Hospital Reimbursement Changes), and published in the | ||||||
| 8 | Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499 | ||||||
| 9 | (Specialized Health Care Delivery Systems) and 6505 (Hospital | ||||||
| 10 | Services). | ||||||
| 11 | (j) Out-of-state hospitals. Beginning July 1, 2018, for | ||||||
| 12 | purposes of determining for State fiscal years 2019 and 2020 | ||||||
| 13 | and subsequent fiscal years the hospitals eligible for the | ||||||
| 14 | payments authorized under subsections (a) and (b) of this | ||||||
| 15 | Section, the Department shall include out-of-state hospitals | ||||||
| 16 | that are designated a Level I pediatric trauma center or a | ||||||
| 17 | Level I trauma center by the Department of Public Health as of | ||||||
| 18 | December 1, 2017. | ||||||
| 19 | (k) The Department shall notify each hospital and managed | ||||||
| 20 | care organization, in writing, of the impact of the updates | ||||||
| 21 | under this Section at least 30 calendar days prior to their | ||||||
| 22 | effective date. | ||||||
| 23 | (l) This Section is subject to Section 14-12.5. | ||||||
| 24 | (Source: P.A. 102-682, eff. 12-10-21; 102-1037, eff. 6-2-22; | ||||||
| 25 | 103-102, eff. 6-16-23; 103-154, eff. 6-30-23; revised | ||||||
| 26 | 10-16-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 905. The Illinois Caregiver Assistance and | ||||||
| 2 | Resource Portal Act is amended by changing Section 25-1 as | ||||||
| 3 | follows:
| ||||||
| 4 | (320 ILCS 70/25-1) | ||||||
| 5 | Sec. 25-1. Short title. This Article Act may be cited as | ||||||
| 6 | the Illinois Caregiver Assistance and Resource Portal Act. As | ||||||
| 7 | used in this Article, "this Act" refers to this Article. | ||||||
| 8 | (Source: P.A. 103-588, eff. 6-5-24; revised 7-19-24.)
| ||||||
| 9 | Section 910. The Department of Early Childhood Act is | ||||||
| 10 | amended by changing Section 15-5 as follows:
| ||||||
| 11 | (325 ILCS 3/15-5) | ||||||
| 12 | Sec. 15-5. Transition of administrative responsibilities | ||||||
| 13 | related to home-visiting services. Beginning July 1, 2024, the | ||||||
| 14 | Department of Early Childhood and the Department of Human | ||||||
| 15 | Services shall collaborate and plan for the transition of | ||||||
| 16 | administrative responsibilities related to home-visiting | ||||||
| 17 | services as prescribed in Section 10-16 of the Department of | ||||||
| 18 | Human Services Act. | ||||||
| 19 | (Source: P.A. 103-594, eff. 6-25-24; revised 10-21-24.)
| ||||||
| 20 | Section 915. The Child Abuse Notice Act is amended by | ||||||
| 21 | changing Section 5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (325 ILCS 6/5) | ||||||
| 2 | Sec. 5. Posted notice required. Each of the following | ||||||
| 3 | businesses and other establishments shall, upon the | ||||||
| 4 | availability of the model notice described in Section 10, post | ||||||
| 5 | a notice that complies with the requirements of this Act in a | ||||||
| 6 | conspicuous place in all restrooms open to the public, or in | ||||||
| 7 | another conspicuous location in clear view of the public and | ||||||
| 8 | employees where similar notices are customarily posted: | ||||||
| 9 | (1) Hotels and motels. | ||||||
| 10 | (2) Entertainment facilities or sporting facilities | ||||||
| 11 | that are indoor structures with a legal occupancy of at | ||||||
| 12 | least 5,000 persons. | ||||||
| 13 | (3) Tattoo and body piercing establishments. | ||||||
| 14 | (4) Primary airports, as defined in Section 47102(16) | ||||||
| 15 | of Title 49 of the United States Code. | ||||||
| 16 | (5) Intercity passenger rail or light rail stations. | ||||||
| 17 | (6) Bus stations. | ||||||
| 18 | (7) Truck stops. As used in this Act, "truck stop" | ||||||
| 19 | means a privately owned privately-owned and operated | ||||||
| 20 | facility that provides food, fuel, shower, or other | ||||||
| 21 | sanitary facilities, and lawful overnight truck parking. | ||||||
| 22 | (8) Emergency rooms within general acute care | ||||||
| 23 | hospitals, in which case the notice may be posted by | ||||||
| 24 | electronic means. | ||||||
| 25 | (9) Urgent care centers, in which case the notice may | ||||||
| |||||||
| |||||||
| 1 | be posted by electronic means. | ||||||
| 2 | (Source: P.A. 103-813, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 3 | Section 920. The Children's Mental Health Act is amended | ||||||
| 4 | by changing Section 5 as follows:
| ||||||
| 5 | (405 ILCS 49/5) | ||||||
| 6 | Sec. 5. Children's Mental Health Partnership; Children's | ||||||
| 7 | Mental Health Plan. | ||||||
| 8 | (a) The Children's Mental Health Partnership (hereafter | ||||||
| 9 | referred to as "the Partnership") created under Public Act | ||||||
| 10 | 93-495 and continued under Public Act 102-899 shall advise | ||||||
| 11 | State agencies and the Children's Behavioral Health | ||||||
| 12 | Transformation Initiative on designing and implementing | ||||||
| 13 | short-term and long-term strategies to provide comprehensive | ||||||
| 14 | and coordinated services for children from birth to age 25 and | ||||||
| 15 | their families with the goal of addressing children's mental | ||||||
| 16 | health needs across a full continuum of care, including social | ||||||
| 17 | determinants of health, prevention, early identification, and | ||||||
| 18 | treatment. The recommended strategies shall build upon the | ||||||
| 19 | recommendations in the Children's Mental Health Plan of 2022 | ||||||
| 20 | and may include, but are not limited to, recommendations | ||||||
| 21 | regarding the following: | ||||||
| 22 | (1) Increasing public awareness on issues connected to | ||||||
| 23 | children's mental health and wellness to decrease stigma, | ||||||
| 24 | promote acceptance, and strengthen the ability of | ||||||
| |||||||
| |||||||
| 1 | children, families, and communities to access supports. | ||||||
| 2 | (2) Coordination of programs, services, and policies | ||||||
| 3 | across child-serving State agencies to best monitor and | ||||||
| 4 | assess spending, as well as foster innovation of adaptive | ||||||
| 5 | or new practices. | ||||||
| 6 | (3) Funding and resources for children's mental health | ||||||
| 7 | prevention, early identification, and treatment across | ||||||
| 8 | child-serving State agencies. | ||||||
| 9 | (4) Facilitation of research on best practices and | ||||||
| 10 | model programs and dissemination of this information to | ||||||
| 11 | State policymakers, practitioners, and the general public. | ||||||
| 12 | (5) Monitoring programs, services, and policies | ||||||
| 13 | addressing children's mental health and wellness. | ||||||
| 14 | (6) Growing, retaining, diversifying, and supporting | ||||||
| 15 | the child-serving workforce, with special emphasis on | ||||||
| 16 | professional development around child and family mental | ||||||
| 17 | health and wellness services. | ||||||
| 18 | (7) Supporting the design, implementation, and | ||||||
| 19 | evaluation of a quality-driven children's mental health | ||||||
| 20 | system of care across all child services that prevents | ||||||
| 21 | mental health concerns and mitigates trauma. | ||||||
| 22 | (8) Improving the system to more effectively meet the | ||||||
| 23 | emergency and residential placement needs for all children | ||||||
| 24 | with severe mental and behavioral challenges. | ||||||
| 25 | (b) The Partnership shall have the responsibility of | ||||||
| 26 | developing and updating the Children's Mental Health Plan and | ||||||
| |||||||
| |||||||
| 1 | advising the relevant State agencies on implementation of the | ||||||
| 2 | Plan. The Children's Mental Health Partnership shall be | ||||||
| 3 | comprised of the following members: | ||||||
| 4 | (1) The Governor or his or her designee. | ||||||
| 5 | (2) The Attorney General or his or her designee. | ||||||
| 6 | (3) The Secretary of the Department of Human Services | ||||||
| 7 | or his or her designee. | ||||||
| 8 | (4) The State Superintendent of Education or his or | ||||||
| 9 | her designee. | ||||||
| 10 | (5) The Director of the Department of Children and | ||||||
| 11 | Family Services or his or her designee. | ||||||
| 12 | (6) The Director of the Department of Healthcare and | ||||||
| 13 | Family Services or his or her designee. | ||||||
| 14 | (7) The Director of the Department of Public Health or | ||||||
| 15 | his or her designee. | ||||||
| 16 | (8) The Director of the Department of Juvenile Justice | ||||||
| 17 | or his or her designee. | ||||||
| 18 | (9) The Secretary of Early Childhood or his or her | ||||||
| 19 | designee. | ||||||
| 20 | (10) The Director of the Criminal Justice Information | ||||||
| 21 | Authority or his or her designee. | ||||||
| 22 | (11) One member of the General Assembly appointed by | ||||||
| 23 | the Speaker of the House. | ||||||
| 24 | (12) One member of the General Assembly appointed by | ||||||
| 25 | the President of the Senate. | ||||||
| 26 | (13) One member of the General Assembly appointed by | ||||||
| |||||||
| |||||||
| 1 | the Minority Leader of the Senate. | ||||||
| 2 | (14) One member of the General Assembly appointed by | ||||||
| 3 | the Minority Leader of the House. | ||||||
| 4 | (15) Up to 25 representatives from the public | ||||||
| 5 | reflecting a diversity of age, gender identity, race, | ||||||
| 6 | ethnicity, socioeconomic status, and geographic location, | ||||||
| 7 | to be appointed by the Governor. Those public members | ||||||
| 8 | appointed under this paragraph must include, but are not | ||||||
| 9 | limited to: | ||||||
| 10 | (A) a family member or individual with lived | ||||||
| 11 | experience in the children's mental health system; | ||||||
| 12 | (B) a child advocate; | ||||||
| 13 | (C) a community mental health expert, | ||||||
| 14 | practitioner, or provider; | ||||||
| 15 | (D) a representative of a statewide association | ||||||
| 16 | representing a majority of hospitals in the State; | ||||||
| 17 | (E) an early childhood expert or practitioner; | ||||||
| 18 | (F) a representative from the K-12 school system; | ||||||
| 19 | (G) a representative from the health care | ||||||
| 20 | healthcare sector; | ||||||
| 21 | (H) a substance use prevention expert or | ||||||
| 22 | practitioner, or a representative of a statewide | ||||||
| 23 | association representing community-based mental health | ||||||
| 24 | substance use disorder treatment providers in the | ||||||
| 25 | State; | ||||||
| 26 | (I) a violence prevention expert or practitioner; | ||||||
| |||||||
| |||||||
| 1 | (J) a representative from the juvenile justice | ||||||
| 2 | system; | ||||||
| 3 | (K) a school social worker; and | ||||||
| 4 | (L) a representative of a statewide organization | ||||||
| 5 | representing pediatricians. | ||||||
| 6 | (16) Two co-chairs appointed by the Governor, one | ||||||
| 7 | being a representative from the public and one being the | ||||||
| 8 | Director of Public Health. | ||||||
| 9 | The members appointed by the Governor shall be appointed | ||||||
| 10 | for 4 years with one opportunity for reappointment, except as | ||||||
| 11 | otherwise provided for in this subsection. Members who were | ||||||
| 12 | appointed by the Governor and are serving on January 1, 2023 | ||||||
| 13 | (the effective date of Public Act 102-899) shall maintain | ||||||
| 14 | their appointment until the term of their appointment has | ||||||
| 15 | expired. For new appointments made pursuant to Public Act | ||||||
| 16 | 102-899, members shall be appointed for one-year, 2-year, or | ||||||
| 17 | 4-year terms, as determined by the Governor, with no more than | ||||||
| 18 | 9 of the Governor's new or existing appointees serving the | ||||||
| 19 | same term. Those new appointments serving a one-year or 2-year | ||||||
| 20 | term may be appointed to 2 additional 4-year terms. If a | ||||||
| 21 | vacancy occurs in the Partnership membership, the vacancy | ||||||
| 22 | shall be filled in the same manner as the original appointment | ||||||
| 23 | for the remainder of the term. | ||||||
| 24 | The Partnership shall be convened no later than January | ||||||
| 25 | 31, 2023 to discuss the changes in Public Act 102-899. | ||||||
| 26 | The members of the Partnership shall serve without | ||||||
| |||||||
| |||||||
| 1 | compensation but may be entitled to reimbursement for all | ||||||
| 2 | necessary expenses incurred in the performance of their | ||||||
| 3 | official duties as members of the Partnership from funds | ||||||
| 4 | appropriated for that purpose. | ||||||
| 5 | The Partnership may convene and appoint special committees | ||||||
| 6 | or study groups to operate under the direction of the | ||||||
| 7 | Partnership. Persons appointed to such special committees or | ||||||
| 8 | study groups shall only receive reimbursement for reasonable | ||||||
| 9 | expenses. | ||||||
| 10 | (b-5) The Partnership shall include an adjunct council | ||||||
| 11 | comprised of no more than 6 youth aged 14 to 25 and 4 | ||||||
| 12 | representatives of 4 different community-based organizations | ||||||
| 13 | that focus on youth mental health. Of the community-based | ||||||
| 14 | organizations that focus on youth mental health, one of the | ||||||
| 15 | community-based organizations shall be led by an | ||||||
| 16 | LGBTQ-identified person, one of the community-based | ||||||
| 17 | organizations shall be led by a person of color, and one of the | ||||||
| 18 | community-based organizations shall be led by a woman. Of the | ||||||
| 19 | representatives appointed to the council from the | ||||||
| 20 | community-based organizations, at least one representative | ||||||
| 21 | shall be LGBTQ-identified, at least one representative shall | ||||||
| 22 | be a person of color, and at least one representative shall be | ||||||
| 23 | a woman. The council members shall be appointed by the Chair of | ||||||
| 24 | the Partnership and shall reflect the racial, gender identity, | ||||||
| 25 | sexual orientation, ability, socioeconomic, ethnic, and | ||||||
| 26 | geographic diversity of the State, including rural, suburban, | ||||||
| |||||||
| |||||||
| 1 | and urban appointees. The council shall make recommendations | ||||||
| 2 | to the Partnership regarding youth mental health, including, | ||||||
| 3 | but not limited to, identifying barriers to youth feeling | ||||||
| 4 | supported by and empowered by the system of mental health and | ||||||
| 5 | treatment providers, barriers perceived by youth in accessing | ||||||
| 6 | mental health services, gaps in the mental health system, | ||||||
| 7 | available resources in schools, including youth's perceptions | ||||||
| 8 | and experiences with outreach personnel, agency websites, and | ||||||
| 9 | informational materials, methods to destigmatize mental health | ||||||
| 10 | services, and how to improve State policy concerning student | ||||||
| 11 | mental health. The mental health system may include services | ||||||
| 12 | for substance use disorders and addiction. The council shall | ||||||
| 13 | meet at least 4 times annually. | ||||||
| 14 | (c) (Blank). | ||||||
| 15 | (d) The Illinois Children's Mental Health Partnership has | ||||||
| 16 | the following powers and duties: | ||||||
| 17 | (1) Conducting research assessments to determine the | ||||||
| 18 | needs and gaps of programs, services, and policies that | ||||||
| 19 | touch children's mental health. | ||||||
| 20 | (2) Developing policy statements for interagency | ||||||
| 21 | cooperation to cover all aspects of mental health | ||||||
| 22 | delivery, including social determinants of health, | ||||||
| 23 | prevention, early identification, and treatment. | ||||||
| 24 | (3) Recommending policies and providing information on | ||||||
| 25 | effective programs for delivery of mental health services. | ||||||
| 26 | (4) Using funding from federal, State, or | ||||||
| |||||||
| |||||||
| 1 | philanthropic partners, to fund pilot programs or research | ||||||
| 2 | activities to resource innovative practices by | ||||||
| 3 | organizational partners that will address children's | ||||||
| 4 | mental health. However, the Partnership may not provide | ||||||
| 5 | direct services. | ||||||
| 6 | (4.1) The Partnership shall work with community | ||||||
| 7 | networks and the Children's Behavioral Health | ||||||
| 8 | Transformation Initiative team to implement a community | ||||||
| 9 | needs assessment, that will raise awareness of gaps in | ||||||
| 10 | existing community-based services for youth. | ||||||
| 11 | (5) Submitting an annual report, on or before December | ||||||
| 12 | 30 of each year, to the Governor and the General Assembly | ||||||
| 13 | on the progress of the Plan, any recommendations regarding | ||||||
| 14 | State policies, laws, or rules necessary to fulfill the | ||||||
| 15 | purposes of the Act, and any additional recommendations | ||||||
| 16 | regarding mental or behavioral health that the Partnership | ||||||
| 17 | deems necessary. | ||||||
| 18 | (6) (Blank). | ||||||
| 19 | The Partnership may designate a fiscal and administrative | ||||||
| 20 | agent that can accept funds to carry out its duties as outlined | ||||||
| 21 | in this Section. | ||||||
| 22 | The Department of Public Health shall provide technical | ||||||
| 23 | and administrative support for the Partnership. | ||||||
| 24 | (e) The Partnership may accept monetary gifts or grants | ||||||
| 25 | from the federal government or any agency thereof, from any | ||||||
| 26 | charitable foundation or professional association, or from any | ||||||
| |||||||
| |||||||
| 1 | reputable source for implementation of any program necessary | ||||||
| 2 | or desirable to carry out the powers and duties as defined | ||||||
| 3 | under this Section. | ||||||
| 4 | (f) On or before January 1, 2027, the Partnership shall | ||||||
| 5 | submit recommendations to the Governor and General Assembly | ||||||
| 6 | that includes recommended updates to the Act to reflect the | ||||||
| 7 | current mental health landscape in this State. | ||||||
| 8 | (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; | ||||||
| 9 | 102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. | ||||||
| 10 | 6-30-23; 103-594, eff. 6-25-24; 103-885, eff. 8-9-24; revised | ||||||
| 11 | 10-9-24.)
| ||||||
| 12 | Section 925. The First Responder Mental Health Grant | ||||||
| 13 | Program Act is amended by changing Section 10 as follows:
| ||||||
| 14 | (405 ILCS 135/10) | ||||||
| 15 | Sec. 10. Definitions. In this Act: | ||||||
| 16 | "Behavioral health" means mental health, health relating | ||||||
| 17 | to substance use, or both. | ||||||
| 18 | "Behavioral health care" means services, treatment, | ||||||
| 19 | medication, and other measures to overcome, mitigate, or | ||||||
| 20 | prevent a behavioral health issue. These services, treatment, | ||||||
| 21 | medication, and other measures qualify as "behavioral health | ||||||
| 22 | care" even if there is no formal diagnosis of a specific | ||||||
| 23 | condition. | ||||||
| 24 | "Department" means the Department of Human Services. | ||||||
| |||||||
| |||||||
| 1 | "First responder" means a law enforcement officer, | ||||||
| 2 | firefighter, emergency medical services personnel as defined | ||||||
| 3 | in Section 3.5 of the Emergency Medical Services (EMS) Systems | ||||||
| 4 | Act, or public safety telecommunicator as defined in Section 2 | ||||||
| 5 | of the Emergency Telephone System Systems Act. | ||||||
| 6 | "Record" means any record kept by a therapist or by an | ||||||
| 7 | agency in the course of providing behavioral health care to a | ||||||
| 8 | first responder concerning the first responder and the | ||||||
| 9 | services provided. "Record" includes the personal notes of the | ||||||
| 10 | therapist or agency. "Record" includes all records maintained | ||||||
| 11 | by a court that have been created in connection with, in | ||||||
| 12 | preparation for, or as a result of the filing of any petition | ||||||
| 13 | or certificate under Chapter II, Chapter III, or Chapter IV of | ||||||
| 14 | the Mental Health and Developmental Disabilities Code and | ||||||
| 15 | includes the petitions, certificates, dispositional reports, | ||||||
| 16 | treatment plans, and reports of diagnostic evaluations and of | ||||||
| 17 | hearings under Article VIII of Chapter III or under Article V | ||||||
| 18 | of Chapter IV of that Code. "Record" does not include | ||||||
| 19 | information that has been de-identified in accordance with | ||||||
| 20 | HIPAA, as specified in 45 CFR 164.514. "Record" does not | ||||||
| 21 | include a reference to the receipt of behavioral health care | ||||||
| 22 | noted during a patient history and physical or other summary | ||||||
| 23 | of care. | ||||||
| 24 | (Source: P.A. 102-911, eff. 1-1-23; revised 7-22-24.)
| ||||||
| 25 | Section 930. The AIDS Confidentiality Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 3 as follows:
| ||||||
| 2 | (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303) | ||||||
| 3 | Sec. 3. Definitions. When used in this Act: | ||||||
| 4 | (a) "AIDS" means acquired immunodeficiency syndrome. | ||||||
| 5 | (b) "Authority" means the Illinois Health Information | ||||||
| 6 | Exchange Authority established pursuant to the Illinois Health | ||||||
| 7 | Information Exchange and Technology Act. | ||||||
| 8 | (c) "Business associate" has the meaning ascribed to it | ||||||
| 9 | under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 10 | (d) "Covered entity" has the meaning ascribed to it under | ||||||
| 11 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 12 | (e) "De-identified information" means health information | ||||||
| 13 | that is not individually identifiable as described under | ||||||
| 14 | HIPAA, as specified in 45 CFR 164.514(b). | ||||||
| 15 | (f) "Department" means the Illinois Department of Public | ||||||
| 16 | Health or its designated agents. | ||||||
| 17 | (g) "Disclosure" has the meaning ascribed to it under | ||||||
| 18 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 19 | (h) "Health care operations" has the meaning ascribed to | ||||||
| 20 | it under HIPAA, as specified in 45 CFR 164.501. | ||||||
| 21 | (i) "Health care professional" means (i) a licensed | ||||||
| 22 | physician, (ii) a licensed physician assistant, (iii) a | ||||||
| 23 | licensed advanced practice registered nurse, (iv) an advanced | ||||||
| 24 | practice registered nurse or physician assistant who practices | ||||||
| 25 | in a hospital or ambulatory surgical treatment center and | ||||||
| |||||||
| |||||||
| 1 | possesses appropriate clinical privileges, (v) a licensed | ||||||
| 2 | dentist, (vi) a licensed podiatric physician, or (vii) an | ||||||
| 3 | individual certified to provide HIV testing and counseling by | ||||||
| 4 | a State state or local public health department. | ||||||
| 5 | (j) "Health care provider" has the meaning ascribed to it | ||||||
| 6 | under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 7 | (k) "Health facility" means a hospital, nursing home, | ||||||
| 8 | blood bank, blood center, sperm bank, or other health care | ||||||
| 9 | institution, including any "health facility" as that term is | ||||||
| 10 | defined in the Illinois Finance Authority Act. | ||||||
| 11 | (l) "Health information exchange" or "HIE" means a health | ||||||
| 12 | information exchange or health information organization that | ||||||
| 13 | oversees and governs the electronic exchange of health | ||||||
| 14 | information. In certain circumstances, in accordance with | ||||||
| 15 | HIPAA, an HIE will be a business associate. | ||||||
| 16 | (m) "Health oversight agency" has the meaning ascribed to | ||||||
| 17 | it under HIPAA, as specified in 45 CFR 164.501. | ||||||
| 18 | (n) "HIPAA" means the Health Insurance Portability and | ||||||
| 19 | Accountability Act of 1996, Public Law 104-191, as amended by | ||||||
| 20 | the Health Information Technology for Economic and Clinical | ||||||
| 21 | Health Act of 2009, Public Law 111-05, and any subsequent | ||||||
| 22 | amendments thereto and any regulations promulgated thereunder. | ||||||
| 23 | (o) "HIV" means the human immunodeficiency virus. | ||||||
| 24 | (p) "HIV-related information" means the identity of a | ||||||
| 25 | person upon whom an HIV test is performed, the results of an | ||||||
| 26 | HIV test, as well as diagnosis, treatment, and prescription | ||||||
| |||||||
| |||||||
| 1 | information that reveals a patient is HIV-positive, including | ||||||
| 2 | such information contained in a limited data set. "HIV-related | ||||||
| 3 | information" does not include information that has been | ||||||
| 4 | de-identified in accordance with HIPAA. | ||||||
| 5 | (q) "Informed consent" means: | ||||||
| 6 | (1) where a health care provider, health care | ||||||
| 7 | professional, or health facility has implemented opt-in | ||||||
| 8 | testing, a process by which an individual or the | ||||||
| 9 | individual's their legal representative receives pre-test | ||||||
| 10 | information, has an opportunity to ask questions, and | ||||||
| 11 | consents verbally or in writing to the test without undue | ||||||
| 12 | inducement or any element of force, fraud, deceit, duress, | ||||||
| 13 | or other form of constraint or coercion; or | ||||||
| 14 | (2) where a health care provider, health care | ||||||
| 15 | professional, or health facility has implemented opt-out | ||||||
| 16 | testing, the individual or the individual's their legal | ||||||
| 17 | representative has been notified verbally or in writing | ||||||
| 18 | that the test is planned, has received pre-test | ||||||
| 19 | information, has been given the opportunity to ask | ||||||
| 20 | questions and the opportunity to decline testing, and has | ||||||
| 21 | not declined testing; where such notice is provided, | ||||||
| 22 | consent for opt-out HIV testing may be incorporated into | ||||||
| 23 | the patient's general consent for medical care on the same | ||||||
| 24 | basis as are other screening or diagnostic tests; a | ||||||
| 25 | separate consent for opt-out HIV testing is not required. | ||||||
| 26 | In addition, where the person providing informed consent | ||||||
| |||||||
| |||||||
| 1 | is a participant in an HIE, informed consent requires a fair | ||||||
| 2 | explanation that the results of the patient's HIV test will be | ||||||
| 3 | accessible through an HIE and meaningful disclosure of the | ||||||
| 4 | patient's opt-out right under Section 9.6 of this Act. | ||||||
| 5 | A health care provider, health care professional, or | ||||||
| 6 | health facility undertaking an informed consent process for | ||||||
| 7 | HIV testing under this subsection may combine a form used to | ||||||
| 8 | obtain informed consent for HIV testing with forms used to | ||||||
| 9 | obtain written consent for general medical care or any other | ||||||
| 10 | medical test or procedure, provided that the forms make it | ||||||
| 11 | clear that the subject may consent to general medical care, | ||||||
| 12 | tests, or procedures without being required to consent to HIV | ||||||
| 13 | testing, and clearly explain how the subject may decline HIV | ||||||
| 14 | testing. Health facility clerical staff or other staff | ||||||
| 15 | responsible for the consent form for general medical care may | ||||||
| 16 | obtain consent for HIV testing through a general consent form. | ||||||
| 17 | (r) "Limited data set" has the meaning ascribed to it | ||||||
| 18 | under HIPAA, as described in 45 CFR 164.514(e)(2). | ||||||
| 19 | (s) "Minimum necessary" means the HIPAA standard for | ||||||
| 20 | using, disclosing, and requesting protected health information | ||||||
| 21 | found in 45 CFR 164.502(b) and 164.514(d). | ||||||
| 22 | (s-1) "Opt-in testing" means an approach where an HIV test | ||||||
| 23 | is presented by offering the test and the patient accepts or | ||||||
| 24 | declines testing. | ||||||
| 25 | (s-3) "Opt-out testing" means an approach where an HIV | ||||||
| 26 | test is presented such that a patient is notified that HIV | ||||||
| |||||||
| |||||||
| 1 | testing may occur unless the patient declines. | ||||||
| 2 | (t) "Organized health care arrangement" has the meaning | ||||||
| 3 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 4 | (u) "Patient safety activities" has the meaning ascribed | ||||||
| 5 | to it under 42 CFR 3.20. | ||||||
| 6 | (v) "Payment" has the meaning ascribed to it under HIPAA, | ||||||
| 7 | as specified in 45 CFR 164.501. | ||||||
| 8 | (w) "Person" includes any natural person, partnership, | ||||||
| 9 | association, joint venture, trust, governmental entity, public | ||||||
| 10 | or private corporation, health facility, or other legal | ||||||
| 11 | entity. | ||||||
| 12 | (w-5) "Pre-test information" means: | ||||||
| 13 | (1) a reasonable explanation of the test, including | ||||||
| 14 | its purpose, potential uses, limitations, and the meaning | ||||||
| 15 | of its results; and | ||||||
| 16 | (2) a reasonable explanation of the procedures to be | ||||||
| 17 | followed, including the voluntary nature of the test, the | ||||||
| 18 | availability of a qualified person to answer questions, | ||||||
| 19 | the right to withdraw consent to the testing process at | ||||||
| 20 | any time, the right to anonymity to the extent provided by | ||||||
| 21 | law with respect to participation in the test and | ||||||
| 22 | disclosure of test results, and the right to confidential | ||||||
| 23 | treatment of information identifying the subject of the | ||||||
| 24 | test and the results of the test, to the extent provided by | ||||||
| 25 | law. | ||||||
| 26 | Pre-test information may be provided in writing, verbally, | ||||||
| |||||||
| |||||||
| 1 | or by video, electronic, or other means and may be provided as | ||||||
| 2 | designated by the supervising health care professional or the | ||||||
| 3 | health facility. | ||||||
| 4 | For the purposes of this definition, a qualified person to | ||||||
| 5 | answer questions is a health care professional or, when acting | ||||||
| 6 | under the supervision of a health care professional, a | ||||||
| 7 | registered nurse, medical assistant, or other person | ||||||
| 8 | determined to be sufficiently knowledgeable about HIV testing, | ||||||
| 9 | its purpose, potential uses, limitations, the meaning of the | ||||||
| 10 | test results, and the testing procedures in the professional | ||||||
| 11 | judgment of a supervising health care professional or as | ||||||
| 12 | designated by a health care facility. | ||||||
| 13 | (x) "Protected health information" has the meaning | ||||||
| 14 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 15 | (y) "Research" has the meaning ascribed to it under HIPAA, | ||||||
| 16 | as specified in 45 CFR 164.501. | ||||||
| 17 | (z) "State agency" means an instrumentality of the State | ||||||
| 18 | of Illinois and any instrumentality of another state that, | ||||||
| 19 | pursuant to applicable law or a written undertaking with an | ||||||
| 20 | instrumentality of the State of Illinois, is bound to protect | ||||||
| 21 | the privacy of HIV-related information of Illinois persons. | ||||||
| 22 | (aa) "Test" or "HIV test" means a test to determine the | ||||||
| 23 | presence of the antibody or antigen to HIV, or of HIV | ||||||
| 24 | infection. | ||||||
| 25 | (bb) "Treatment" has the meaning ascribed to it under | ||||||
| 26 | HIPAA, as specified in 45 CFR 164.501. | ||||||
| |||||||
| |||||||
| 1 | (cc) "Use" has the meaning ascribed to it under HIPAA, as | ||||||
| 2 | specified in 45 CFR 160.103, where context dictates. | ||||||
| 3 | (Source: P.A. 103-508, eff. 8-4-23; revised 7-19-24.)
| ||||||
| 4 | Section 935. The Genetic Information Privacy Act is | ||||||
| 5 | amended by changing Section 10 as follows:
| ||||||
| 6 | (410 ILCS 513/10) | ||||||
| 7 | Sec. 10. Definitions. As used in this Act: | ||||||
| 8 | "Business associate" has the meaning ascribed to it under | ||||||
| 9 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 10 | "Covered entity" has the meaning ascribed to it under | ||||||
| 11 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 12 | "De-identified information" means health information that | ||||||
| 13 | is not individually identifiable as described under HIPAA, as | ||||||
| 14 | specified in 45 CFR 164.514(b). | ||||||
| 15 | "Disclosure" has the meaning ascribed to it under HIPAA, | ||||||
| 16 | as specified in 45 CFR 160.103. | ||||||
| 17 | "Employer" means the State of Illinois, any unit of local | ||||||
| 18 | government, and any board, commission, department, | ||||||
| 19 | institution, or school district, any party to a public | ||||||
| 20 | contract, any joint apprenticeship or training committee | ||||||
| 21 | within the State, and every other person employing employees | ||||||
| 22 | within the State. | ||||||
| 23 | "Employment agency" means both public and private | ||||||
| 24 | employment agencies and any person, labor organization, or | ||||||
| |||||||
| |||||||
| 1 | labor union having a hiring hall or hiring office regularly | ||||||
| 2 | undertaking, with or without compensation, to procure | ||||||
| 3 | opportunities to work, or to procure, recruit, refer, or place | ||||||
| 4 | employees. | ||||||
| 5 | "Family member" means, with respect to an individual, (i) | ||||||
| 6 | the spouse of the individual; (ii) a dependent child of the | ||||||
| 7 | individual, including a child who is born to or placed for | ||||||
| 8 | adoption with the individual; (iii) any other person | ||||||
| 9 | qualifying as a covered dependent under a managed care plan; | ||||||
| 10 | and (iv) all other individuals related by blood or law to the | ||||||
| 11 | individual or the spouse or child described in subsections (i) | ||||||
| 12 | through (iii) of this definition. | ||||||
| 13 | "Genetic information" has the meaning ascribed to it under | ||||||
| 14 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 15 | "Genetic monitoring" means the periodic examination of | ||||||
| 16 | employees to evaluate acquired modifications to their genetic | ||||||
| 17 | material, such as chromosomal damage or evidence of increased | ||||||
| 18 | occurrence of mutations that may have developed in the course | ||||||
| 19 | of employment due to exposure to toxic substances in the | ||||||
| 20 | workplace in order to identify, evaluate, and respond to | ||||||
| 21 | effects of or control adverse environmental exposures in the | ||||||
| 22 | workplace. | ||||||
| 23 | "Genetic services" has the meaning ascribed to it under | ||||||
| 24 | HIPAA, as specified in 45 CFR 160.103. | ||||||
| 25 | "Genetic testing" and "genetic test" have the meaning | ||||||
| 26 | ascribed to "genetic test" under HIPAA, as specified in 45 CFR | ||||||
| |||||||
| |||||||
| 1 | 160.103. "Genetic testing" includes direct-to-consumer | ||||||
| 2 | commercial genetic testing. | ||||||
| 3 | "Health care operations" has the meaning ascribed to it | ||||||
| 4 | under HIPAA, as specified in 45 CFR 164.501. | ||||||
| 5 | "Health care professional" means (i) a licensed physician, | ||||||
| 6 | (ii) a licensed physician assistant, (iii) a licensed advanced | ||||||
| 7 | practice registered nurse, (iv) a licensed dentist, (v) a | ||||||
| 8 | licensed podiatric physician podiatrist, (vi) a licensed | ||||||
| 9 | genetic counselor, or (vii) an individual certified to provide | ||||||
| 10 | genetic testing by a state or local public health department. | ||||||
| 11 | "Health care provider" has the meaning ascribed to it | ||||||
| 12 | under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 13 | "Health facility" means a hospital, blood bank, blood | ||||||
| 14 | center, sperm bank, or other health care institution, | ||||||
| 15 | including any "health facility" as that term is defined in the | ||||||
| 16 | Illinois Finance Authority Act. | ||||||
| 17 | "Health information exchange" or "HIE" means a health | ||||||
| 18 | information exchange or health information organization that | ||||||
| 19 | exchanges health information electronically. In certain | ||||||
| 20 | circumstances, in accordance with HIPAA, an HIE will be a | ||||||
| 21 | business associate. | ||||||
| 22 | "Health oversight agency" has the meaning ascribed to it | ||||||
| 23 | under HIPAA, as specified in 45 CFR 164.501. | ||||||
| 24 | "HIPAA" means the Health Insurance Portability and | ||||||
| 25 | Accountability Act of 1996, Public Law 104-191, as amended by | ||||||
| 26 | the Health Information Technology for Economic and Clinical | ||||||
| |||||||
| |||||||
| 1 | Health Act of 2009, Public Law 111-05, and any subsequent | ||||||
| 2 | amendments thereto and any regulations promulgated thereunder. | ||||||
| 3 | "Insurer" means (i) an entity that is subject to the | ||||||
| 4 | jurisdiction of the Director of Insurance and (ii) a managed | ||||||
| 5 | care plan. | ||||||
| 6 | "Labor organization" includes any organization, labor | ||||||
| 7 | union, craft union, or any voluntary unincorporated | ||||||
| 8 | association designed to further the cause of the rights of | ||||||
| 9 | union labor that is constituted for the purpose, in whole or in | ||||||
| 10 | part, of collective bargaining or of dealing with employers | ||||||
| 11 | concerning grievances, terms or conditions of employment, or | ||||||
| 12 | apprenticeships or applications for apprenticeships, or of | ||||||
| 13 | other mutual aid or protection in connection with employment, | ||||||
| 14 | including apprenticeships or applications for apprenticeships. | ||||||
| 15 | "Licensing agency" means a board, commission, committee, | ||||||
| 16 | council, department, or officers, except a judicial officer, | ||||||
| 17 | in this State or any political subdivision authorized to | ||||||
| 18 | grant, deny, renew, revoke, suspend, annul, withdraw, or amend | ||||||
| 19 | a license or certificate of registration. | ||||||
| 20 | "Limited data set" has the meaning ascribed to it under | ||||||
| 21 | HIPAA, as described in 45 CFR 164.514(e)(2). | ||||||
| 22 | "Managed care plan" means a plan that establishes, | ||||||
| 23 | operates, or maintains a network of health care providers that | ||||||
| 24 | have entered into agreements with the plan to provide health | ||||||
| 25 | care services to enrollees where the plan has the ultimate and | ||||||
| 26 | direct contractual obligation to the enrollee to arrange for | ||||||
| |||||||
| |||||||
| 1 | the provision of or pay for services through: | ||||||
| 2 | (1) organizational arrangements for ongoing quality | ||||||
| 3 | assurance, utilization review programs, or dispute | ||||||
| 4 | resolution; or | ||||||
| 5 | (2) financial incentives for persons enrolled in the | ||||||
| 6 | plan to use the participating providers and procedures | ||||||
| 7 | covered by the plan. | ||||||
| 8 | A managed care plan may be established or operated by any | ||||||
| 9 | entity including a licensed insurance company, hospital or | ||||||
| 10 | medical service plan, health maintenance organization, limited | ||||||
| 11 | health service organization, preferred provider organization, | ||||||
| 12 | third party administrator, or an employer or employee | ||||||
| 13 | organization. | ||||||
| 14 | "Minimum necessary" means HIPAA's standard for using, | ||||||
| 15 | disclosing, and requesting protected health information found | ||||||
| 16 | in 45 CFR 164.502(b) and 164.514(d). | ||||||
| 17 | "Nontherapeutic purpose" means a purpose that is not | ||||||
| 18 | intended to improve or preserve the life or health of the | ||||||
| 19 | individual whom the information concerns. | ||||||
| 20 | "Organized health care arrangement" has the meaning | ||||||
| 21 | ascribed to it under HIPAA, as specified in 45 CFR 160.103. | ||||||
| 22 | "Patient safety activities" has the meaning ascribed to it | ||||||
| 23 | under 42 CFR 3.20. | ||||||
| 24 | "Payment" has the meaning ascribed to it under HIPAA, as | ||||||
| 25 | specified in 45 CFR 164.501. | ||||||
| 26 | "Person" includes any natural person, partnership, | ||||||
| |||||||
| |||||||
| 1 | association, joint venture, trust, governmental entity, public | ||||||
| 2 | or private corporation, health facility, or other legal | ||||||
| 3 | entity. | ||||||
| 4 | "Protected health information" has the meaning ascribed to | ||||||
| 5 | it under HIPAA, as specified in 45 CFR 164.103. | ||||||
| 6 | "Research" has the meaning ascribed to it under HIPAA, as | ||||||
| 7 | specified in 45 CFR 164.501. | ||||||
| 8 | "State agency" means an instrumentality of the State of | ||||||
| 9 | Illinois and any instrumentality of another state which | ||||||
| 10 | pursuant to applicable law or a written undertaking with an | ||||||
| 11 | instrumentality of the State of Illinois is bound to protect | ||||||
| 12 | the privacy of genetic information of Illinois persons. | ||||||
| 13 | "Treatment" has the meaning ascribed to it under HIPAA, as | ||||||
| 14 | specified in 45 CFR 164.501. | ||||||
| 15 | "Use" has the meaning ascribed to it under HIPAA, as | ||||||
| 16 | specified in 45 CFR 160.103, where context dictates. | ||||||
| 17 | (Source: P.A. 103-508, eff. 8-4-23; revised 7-19-24.)
| ||||||
| 18 | Section 940. The Illinois Food, Drug and Cosmetic Act is | ||||||
| 19 | amended by changing Section 3.22 as follows:
| ||||||
| 20 | (410 ILCS 620/3.22) (from Ch. 56 1/2, par. 503.22) | ||||||
| 21 | Sec. 3.22. (a) Whoever knowingly distributes, or possesses | ||||||
| 22 | with intent to distribute, human growth hormone for any use in | ||||||
| 23 | humans other than the treatment of a disease or other | ||||||
| 24 | recognized medical condition, where the use has been | ||||||
| |||||||
| |||||||
| 1 | authorized by the Secretary of Health and Human Services and | ||||||
| 2 | under the order of a physician, is guilty of a Class 3 felony, | ||||||
| 3 | and may be fined an amount not to exceed $50,000. As used in | ||||||
| 4 | this Section, the term "human growth hormone" means somatrem, | ||||||
| 5 | somatropin, or an analog analogue of either of them. | ||||||
| 6 | (b) Whoever distributes, or possesses with intent to | ||||||
| 7 | distribute, a synthetic drug product or a drug that is | ||||||
| 8 | misbranded under this Act is guilty of a Class 2 felony and may | ||||||
| 9 | be fined an amount not to exceed $100,000. A person convicted | ||||||
| 10 | of a second or subsequent violation of this Section is guilty | ||||||
| 11 | of a Class 1 felony, the fine for which shall not exceed | ||||||
| 12 | $250,000. | ||||||
| 13 | (c) Whoever falsely advertises a synthetic drug product is | ||||||
| 14 | guilty of a Class 3 felony and may be fined an amount not to | ||||||
| 15 | exceed $100,000. | ||||||
| 16 | (d) Whoever commits any offense set forth in this Section | ||||||
| 17 | and the offense involves an individual under 18 years of age is | ||||||
| 18 | punishable by not more than 10 years imprisonment, and twice | ||||||
| 19 | the fine authorized above. Any conviction for a violation of | ||||||
| 20 | this Section shall be considered a violation of the Illinois | ||||||
| 21 | Controlled Substances Act for the purposes of forfeiture under | ||||||
| 22 | Section 505 of such Act. | ||||||
| 23 | (e) Any person convicted under this Section is subject to | ||||||
| 24 | the forfeiture provisions set forth in subsections (c), (d), | ||||||
| 25 | (e), (f), (g), (h), and (i) of Section 3.23 of this Act. | ||||||
| 26 | (Source: P.A. 97-872, eff. 7-31-12; revised 7-19-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 945. The Food Handling Regulation Enforcement Act | ||||||
| 2 | is amended by changing Section 4 as follows:
| ||||||
| 3 | (410 ILCS 625/4) | ||||||
| 4 | Sec. 4. Cottage food operation. | ||||||
| 5 | (a) For the purpose of this Section: | ||||||
| 6 | A food is "acidified" if: (i) acid or acid ingredients are | ||||||
| 7 | added to it to produce a final equilibrium pH of 4.6 or below | ||||||
| 8 | and a water activity greater than 0.85; or (ii) it is fermented | ||||||
| 9 | to produce a final equilibrium pH of 4.6 or below. | ||||||
| 10 | "Canned food" means food that has been heat processed | ||||||
| 11 | sufficiently under United States Department of Agriculture | ||||||
| 12 | guidelines to enable storing the food at normal home | ||||||
| 13 | temperatures. | ||||||
| 14 | "Cottage food operation" means an operation conducted by a | ||||||
| 15 | person who produces or packages food or drink, other than | ||||||
| 16 | foods and drinks listed as prohibited in paragraph (1.5) of | ||||||
| 17 | subsection (b) of this Section, in a kitchen located in that | ||||||
| 18 | person's primary domestic residence or another appropriately | ||||||
| 19 | designed and equipped kitchen on a farm for direct sale by the | ||||||
| 20 | owner, a family member, or an employee. | ||||||
| 21 | "Cut leafy greens" means fresh leafy greens whose leaves | ||||||
| 22 | have been cut, shredded, sliced, chopped, or torn. "Cut leafy | ||||||
| 23 | greens" does not mean cut-to-harvest leafy greens. | ||||||
| 24 | "Department" means the Department of Public Health. | ||||||
| |||||||
| |||||||
| 1 | "Employee" means a person who is employed by and receives | ||||||
| 2 | monetary compensation from a cottage food operator. | ||||||
| 3 | "Equilibrium pH" means the final potential of hydrogen | ||||||
| 4 | measured in an acidified food after all the components of the | ||||||
| 5 | food have achieved the same acidity. | ||||||
| 6 | "Farmers' market" means a common facility or area where | ||||||
| 7 | farmers gather to sell a variety of fresh fruits and | ||||||
| 8 | vegetables and other locally produced farm and food products | ||||||
| 9 | directly to consumers. | ||||||
| 10 | "Leafy greens" includes iceberg lettuce; romaine lettuce; | ||||||
| 11 | leaf lettuce; butter lettuce; baby leaf lettuce, such as | ||||||
| 12 | immature lettuce or leafy greens; escarole; endive; spring | ||||||
| 13 | mix; spinach; cabbage; kale; arugula; and chard. "Leafy | ||||||
| 14 | greens" does not include microgreens or herbs such as cilantro | ||||||
| 15 | or parsley. | ||||||
| 16 | "Local health department" means a State-certified health | ||||||
| 17 | department of a unit of local government in which a cottage | ||||||
| 18 | food operation is located or, if the cottage food operation is | ||||||
| 19 | located in a county that does not have a local health | ||||||
| 20 | department, is registered. | ||||||
| 21 | "Local public health department association" means an | ||||||
| 22 | association solely representing 2 or more State-certified | ||||||
| 23 | local health departments. | ||||||
| 24 | "Low-acid canned food" means any canned food with a | ||||||
| 25 | finished equilibrium pH greater than 4.6 and a water activity | ||||||
| 26 | greater than 0.85. | ||||||
| |||||||
| |||||||
| 1 | "Microgreen" means an edible plant seedling grown in soil | ||||||
| 2 | or substrate and harvested above the soil or substrate line. | ||||||
| 3 | "Mobile farmers markets" means a farmers market that is | ||||||
| 4 | operated from a movable motor drive or propelled vehicle or | ||||||
| 5 | trailer that can change location, including a farmers market | ||||||
| 6 | that is owned and operated by a farmer or a third party selling | ||||||
| 7 | products on behalf of farmers or cottage food operations with | ||||||
| 8 | the intent of a direct sale to an end consumer. | ||||||
| 9 | "Sprout" means any seedling intended for human consumption | ||||||
| 10 | that was produced in a manner that does not meet the definition | ||||||
| 11 | of microgreen. | ||||||
| 12 | "Time/temperature control for safety food" means a food | ||||||
| 13 | that is stored under time or temperature control for food | ||||||
| 14 | safety according to the Department's administrative rules. | ||||||
| 15 | (b) A cottage food operation may produce homemade food and | ||||||
| 16 | drink provided that all of the following conditions are met: | ||||||
| 17 | (1) (Blank). | ||||||
| 18 | (1.3) A cottage food operation must register with the | ||||||
| 19 | local health department for the unit of local government | ||||||
| 20 | in which it is located, but may sell products outside of | ||||||
| 21 | the unit of local government where the cottage food | ||||||
| 22 | operation is located. If a county does not have a local | ||||||
| 23 | health department, the county shall enter into an | ||||||
| 24 | agreement or contract with a local health department in an | ||||||
| 25 | adjacent county to register cottage food operations in the | ||||||
| 26 | jurisdiction of the county that does not have a health | ||||||
| |||||||
| |||||||
| 1 | department. The adjacent local health department where the | ||||||
| 2 | cottage food operation registers has the powers described | ||||||
| 3 | in subsection (d). A copy of the certificate of | ||||||
| 4 | registration must be available upon request by any local | ||||||
| 5 | health department. | ||||||
| 6 | (1.5) A cottage food operation shall not sell or offer | ||||||
| 7 | to sell the following food items or processed foods | ||||||
| 8 | containing the following food items, except as indicated: | ||||||
| 9 | (A) meat, poultry, fish, seafood, or shellfish; | ||||||
| 10 | (B) dairy, except as an ingredient in a baked good | ||||||
| 11 | or candy that is not a time/temperature control for | ||||||
| 12 | safety food, such as caramel, subject to paragraph | ||||||
| 13 | (4), or as an ingredient in a baked good frosting, such | ||||||
| 14 | as buttercream; | ||||||
| 15 | (C) eggs, except as an ingredient in a food that is | ||||||
| 16 | not a time/temperature control for safety food, | ||||||
| 17 | including dry noodles, or as an ingredient in a baked | ||||||
| 18 | good frosting, such as buttercream, if the eggs are | ||||||
| 19 | not raw; | ||||||
| 20 | (D) pumpkin pies, sweet potato pies, cheesecakes, | ||||||
| 21 | custard pies, creme pies, and pastries with | ||||||
| 22 | time/temperature control for safety foods that are | ||||||
| 23 | fillings or toppings; | ||||||
| 24 | (E) garlic in oil or oil infused with garlic, | ||||||
| 25 | except if the garlic oil is acidified; | ||||||
| 26 | (F) low-acid canned foods; | ||||||
| |||||||
| |||||||
| 1 | (G) sprouts; | ||||||
| 2 | (H) cut leafy greens, except for cut leafy greens | ||||||
| 3 | that are dehydrated, acidified, or blanched and | ||||||
| 4 | frozen; | ||||||
| 5 | (I) cut or pureed fresh tomato or melon; | ||||||
| 6 | (J) dehydrated tomato or melon; | ||||||
| 7 | (K) frozen cut melon; | ||||||
| 8 | (L) wild-harvested, non-cultivated mushrooms; | ||||||
| 9 | (M) alcoholic beverages; or | ||||||
| 10 | (N) kombucha. | ||||||
| 11 | (1.6) In order to sell canned tomatoes or a canned | ||||||
| 12 | product containing tomatoes, a cottage food operator shall | ||||||
| 13 | either: | ||||||
| 14 | (A) follow exactly a recipe that has been tested | ||||||
| 15 | by the United States Department of Agriculture or by a | ||||||
| 16 | state cooperative extension located in this State or | ||||||
| 17 | any other state in the United States; or | ||||||
| 18 | (B) submit the recipe, at the cottage food | ||||||
| 19 | operator's expense, to a commercial laboratory | ||||||
| 20 | according to the commercial laboratory's directions to | ||||||
| 21 | test that the product has been adequately acidified; | ||||||
| 22 | use only the varietal or proportionate varietals of | ||||||
| 23 | tomato included in the tested recipe for all | ||||||
| 24 | subsequent batches of such recipe; and provide | ||||||
| 25 | documentation of the annual test results of the recipe | ||||||
| 26 | submitted under this subparagraph upon registration | ||||||
| |||||||
| |||||||
| 1 | and to an inspector upon request during any inspection | ||||||
| 2 | authorized by subsection (d). | ||||||
| 3 | (2) In order to sell a fermented or acidified food, a | ||||||
| 4 | cottage food operation shall either: | ||||||
| 5 | (A) submit a recipe that has been tested by the | ||||||
| 6 | United States Department of Agriculture or a | ||||||
| 7 | cooperative extension system located in this State or | ||||||
| 8 | any other state in the United States; or | ||||||
| 9 | (B) submit a written food safety plan for each | ||||||
| 10 | category of products for which the cottage food | ||||||
| 11 | operator uses the same procedures, such as pickles, | ||||||
| 12 | kimchi, or hot sauce, and a pH test for a single | ||||||
| 13 | product that is representative of that category; the | ||||||
| 14 | written food safety plan shall be submitted annually | ||||||
| 15 | upon registration and each pH test shall be submitted | ||||||
| 16 | every 3 years; the food safety plan shall adhere to | ||||||
| 17 | guidelines developed by the Department. | ||||||
| 18 | (3) A fermented or acidified food shall be packaged | ||||||
| 19 | according to one of the following standards: | ||||||
| 20 | (A) A fermented or acidified food that is canned | ||||||
| 21 | must be processed in a boiling water bath in a | ||||||
| 22 | Mason-style jar or glass container with a | ||||||
| 23 | tight-fitting lid. | ||||||
| 24 | (B) A fermented or acidified food that is not | ||||||
| 25 | canned shall be sold in any container that is new, | ||||||
| 26 | clean, and seals properly and must be stored, | ||||||
| |||||||
| |||||||
| 1 | transported, and sold at or below 41 degrees. | ||||||
| 2 | (4) In order to sell a baked good with cheese, a local | ||||||
| 3 | health department may require a cottage food operation to | ||||||
| 4 | submit a recipe, at the cottage food operator's expense, | ||||||
| 5 | to a commercial laboratory to verify that it is not a | ||||||
| 6 | time/temperature time-or-temperature control for safety | ||||||
| 7 | food before allowing the cottage food operation to sell | ||||||
| 8 | the baked good as a cottage food. | ||||||
| 9 | (5) For a cottage food operation that does not utilize | ||||||
| 10 | a municipal water supply, such as an operation using a | ||||||
| 11 | private well, a local health department may require a | ||||||
| 12 | water sample test to verify that the water source being | ||||||
| 13 | used meets public safety standards related to E. coli | ||||||
| 14 | coliform. If a test is requested, it must be conducted at | ||||||
| 15 | the cottage food operator's expense. | ||||||
| 16 | (6) A person preparing or packaging a product as part | ||||||
| 17 | of a cottage food operation must be a Department-approved | ||||||
| 18 | certified food protection manager. | ||||||
| 19 | (7) Food packaging must conform with the labeling | ||||||
| 20 | requirements of the Illinois Food, Drug and Cosmetic Act. | ||||||
| 21 | A cottage food product shall be prepackaged and the food | ||||||
| 22 | packaging shall be affixed with a prominent label that | ||||||
| 23 | includes the following: | ||||||
| 24 | (A) the name of the cottage food operation and | ||||||
| 25 | unit of local government in which the cottage food | ||||||
| 26 | operation is located; | ||||||
| |||||||
| |||||||
| 1 | (B) the identifying registration number provided | ||||||
| 2 | by the local health department on the certificate of | ||||||
| 3 | registration and the name of the municipality or | ||||||
| 4 | county in which the registration was filed; | ||||||
| 5 | (C) the common or usual name of the food product; | ||||||
| 6 | (D) all ingredients of the food product, including | ||||||
| 7 | any color, artificial flavor, and preservative, listed | ||||||
| 8 | in descending order by predominance of weight shown | ||||||
| 9 | with the common or usual names; | ||||||
| 10 | (E) the following phrase in prominent lettering: | ||||||
| 11 | "This product was produced in a home kitchen not | ||||||
| 12 | inspected by a health department that may also process | ||||||
| 13 | common food allergens. If you have safety concerns, | ||||||
| 14 | contact your local health department."; | ||||||
| 15 | (F) the date the product was processed; and | ||||||
| 16 | (G) allergen labeling as specified under federal | ||||||
| 17 | labeling requirements. | ||||||
| 18 | (8) Food packaging may include the designation | ||||||
| 19 | "Illinois-grown", "Illinois-sourced", or "Illinois farm | ||||||
| 20 | product" if the packaged product is a local farm or food | ||||||
| 21 | product as that term is defined in Section 5 of the Local | ||||||
| 22 | Food, Farms, and Jobs Act. | ||||||
| 23 | (9) In the case of a product that is difficult to | ||||||
| 24 | properly label or package, or for other reasons, the local | ||||||
| 25 | health department of the location where the product is | ||||||
| 26 | sold may grant permission to sell products that are not | ||||||
| |||||||
| |||||||
| 1 | prepackaged, in which case other prominent written notice | ||||||
| 2 | shall be provided to the purchaser. | ||||||
| 3 | (10) At the point of sale, notice must be provided in a | ||||||
| 4 | prominent location that states the following: "This | ||||||
| 5 | product was produced in a home kitchen not inspected by a | ||||||
| 6 | health department that may also process common food | ||||||
| 7 | allergens." At a physical display, notice shall be a | ||||||
| 8 | placard. Online, notice shall be a message on the cottage | ||||||
| 9 | food operation's online sales interface at the point of | ||||||
| 10 | sale. | ||||||
| 11 | (11) Food and drink produced by a cottage food | ||||||
| 12 | operation shall be sold directly to consumers for their | ||||||
| 13 | own consumption and not for resale. Sales directly to | ||||||
| 14 | consumers include, but are not limited to, sales at or | ||||||
| 15 | through: | ||||||
| 16 | (A) farmers' markets; | ||||||
| 17 | (B) fairs, festivals, public events, or online; | ||||||
| 18 | (C) pickup from the private home or farm of the | ||||||
| 19 | cottage food operator, if the pickup is not prohibited | ||||||
| 20 | by any law of the unit of local government that applies | ||||||
| 21 | equally to all cottage food operations; in a | ||||||
| 22 | municipality with a population of 1,000,000 or more, a | ||||||
| 23 | cottage food operator shall comply with any law of the | ||||||
| 24 | municipality that applies equally to all home-based | ||||||
| 25 | businesses; | ||||||
| 26 | (D) delivery to the customer; | ||||||
| |||||||
| |||||||
| 1 | (E) pickup from a third-party private property | ||||||
| 2 | with the consent of the third-party property holder; | ||||||
| 3 | and | ||||||
| 4 | (F) mobile farmers markets. | ||||||
| 5 | (12) Only food that is not a time/temperature | ||||||
| 6 | time-or-temperature control for safety food may be | ||||||
| 7 | shipped. A cottage food product shall not be shipped out | ||||||
| 8 | of State. Each cottage food product that is shipped must | ||||||
| 9 | be sealed in a manner that reveals tampering, including, | ||||||
| 10 | but not limited to, a sticker or pop top. | ||||||
| 11 | (13) Alcohol may be used to make extracts, such as | ||||||
| 12 | vanilla extract, or may be used as an ingredient in baked | ||||||
| 13 | goods as long as the created product is not intended for | ||||||
| 14 | use as a beverage. | ||||||
| 15 | (14) Time/temperature control for safety foods shall | ||||||
| 16 | be maintained and transported at holding temperatures as | ||||||
| 17 | set in the Department's administrative rules to ensure the | ||||||
| 18 | food's safety and limit microorganism growth or toxin | ||||||
| 19 | formation. | ||||||
| 20 | (15) A product assessment of pH and water activity may | ||||||
| 21 | be used to show that a product is non-time or temperature | ||||||
| 22 | controlled for food safety and does not require | ||||||
| 23 | temperature control. | ||||||
| 24 | (c) A local health department shall register any eligible | ||||||
| 25 | cottage food operation that meets the requirements of this | ||||||
| 26 | Section and shall issue a certificate of registration with an | ||||||
| |||||||
| |||||||
| 1 | identifying registration number to each registered cottage | ||||||
| 2 | food operation. A local health department may establish a | ||||||
| 3 | self-certification program for cottage food operators to | ||||||
| 4 | affirm compliance with applicable laws, rules, and | ||||||
| 5 | regulations. Registration shall be completed annually and the | ||||||
| 6 | local health department may impose a fee not to exceed $50. | ||||||
| 7 | (d) In the event of a consumer complaint or foodborne | ||||||
| 8 | illness outbreak, upon notice from a different local health | ||||||
| 9 | department, or if the Department or a local health department | ||||||
| 10 | has reason to believe that an imminent health hazard exists or | ||||||
| 11 | that a cottage food operation's product has been found to be | ||||||
| 12 | misbranded, adulterated, or not in compliance with the | ||||||
| 13 | conditions for cottage food operations set forth in this | ||||||
| 14 | Section, the Department or the local health department may: | ||||||
| 15 | (1) inspect the premises of the cottage food operation | ||||||
| 16 | in question; | ||||||
| 17 | (2) set a reasonable fee for the inspection; and | ||||||
| 18 | (3) invoke penalties and the cessation of the sale of | ||||||
| 19 | cottage food products until it deems that the situation | ||||||
| 20 | has been addressed to the satisfaction of the Department | ||||||
| 21 | or local health department; if the situation is not | ||||||
| 22 | amenable to being addressed, the local health department | ||||||
| 23 | may revoke the cottage food operation's registration | ||||||
| 24 | following a process outlined by the local health | ||||||
| 25 | department. | ||||||
| 26 | (e) A local health department that receives a consumer | ||||||
| |||||||
| |||||||
| 1 | complaint or a report of foodborne illness related to a | ||||||
| 2 | cottage food operator in another jurisdiction shall refer the | ||||||
| 3 | complaint or report to the local health department where the | ||||||
| 4 | cottage food operator is registered. | ||||||
| 5 | (f) By January 1, 2022, the Department, in collaboration | ||||||
| 6 | with local public health department associations and other | ||||||
| 7 | stakeholder groups, shall write and issue administrative | ||||||
| 8 | guidance to local health departments on the following: | ||||||
| 9 | (1) development of a standard registration form, | ||||||
| 10 | including, if applicable, a written food safety plan; | ||||||
| 11 | (2) development of a Home-Certification Self Checklist | ||||||
| 12 | Form; | ||||||
| 13 | (3) development of a standard inspection form and | ||||||
| 14 | inspection procedures; and | ||||||
| 15 | (4) procedures for cottage food operation workspaces | ||||||
| 16 | that include, but are not limited to, cleaning products, | ||||||
| 17 | general sanitation, and requirements for functional | ||||||
| 18 | equipment. | ||||||
| 19 | (g) A person who produces or packages a baked good that is | ||||||
| 20 | not a time/temperature control for safety food for sale by a | ||||||
| 21 | religious, charitable, or nonprofit organization for | ||||||
| 22 | fundraising purposes is exempt from the requirements of this | ||||||
| 23 | Section. | ||||||
| 24 | (h) A home rule unit may not regulate cottage food | ||||||
| 25 | operations in a manner inconsistent with the regulation by the | ||||||
| 26 | State of cottage food operations under this Section. This | ||||||
| |||||||
| |||||||
| 1 | Section is a limitation under subsection (i) of Section 6 of | ||||||
| 2 | Article VII of the Illinois Constitution on the concurrent | ||||||
| 3 | exercise by home rule units of powers and functions exercised | ||||||
| 4 | by the State. | ||||||
| 5 | (i) The Department may adopt rules as may be necessary to | ||||||
| 6 | implement the provisions of this Section. | ||||||
| 7 | (Source: P.A. 102-633, eff. 1-1-22; 103-903, eff. 1-1-25; | ||||||
| 8 | revised 11-25-24.)
| ||||||
| 9 | Section 950. The Cannabis Regulation and Tax Act is | ||||||
| 10 | amended by changing Sections 7-30, 10-45, 15-20, 15-36, 15-70, | ||||||
| 11 | and 20-15 as follows:
| ||||||
| 12 | (410 ILCS 705/7-30) | ||||||
| 13 | Sec. 7-30. Reporting. By January 1, 2021, and on January 1 | ||||||
| 14 | of every year thereafter, or upon request by the Illinois | ||||||
| 15 | Cannabis Regulation Oversight Officer, each cannabis business | ||||||
| 16 | establishment licensed under this Act and the Compassionate | ||||||
| 17 | Use of Medical Cannabis Program Act shall report to the | ||||||
| 18 | Illinois Cannabis Regulation Oversight Officer, on a form to | ||||||
| 19 | be provided by the Illinois Cannabis Regulation Oversight | ||||||
| 20 | Officer, information that will allow it to assess the extent | ||||||
| 21 | of diversity in the medical and adult use cannabis industry | ||||||
| 22 | and methods for reducing or eliminating any identified | ||||||
| 23 | barriers to entry, including access to capital. Failure of a | ||||||
| 24 | cannabis business establishment to respond to the request of | ||||||
| |||||||
| |||||||
| 1 | the Cannabis Regulation Oversight Officer to complete the | ||||||
| 2 | form, report, and any other request for information may be | ||||||
| 3 | grounds for disciplinary action by the Department of Financial | ||||||
| 4 | and Professional Regulation or the Department of Agriculture. | ||||||
| 5 | The information to be collected shall be designed to identify | ||||||
| 6 | the following: | ||||||
| 7 | (1) the number and percentage of licenses provided to | ||||||
| 8 | Social Equity Applicants and to businesses owned by | ||||||
| 9 | minorities, women, veterans, and people with disabilities; | ||||||
| 10 | (2) the total number and percentage of employees in | ||||||
| 11 | the cannabis industry who meet the criteria in item (3)(i) | ||||||
| 12 | or (3)(ii) in the definition of Social Equity Applicant or | ||||||
| 13 | who are minorities, women, veterans, or people with | ||||||
| 14 | disabilities; | ||||||
| 15 | (3) the total number and percentage of contractors and | ||||||
| 16 | subcontractors in the cannabis industry that meet the | ||||||
| 17 | definition of a Social Equity Applicant or who are owned | ||||||
| 18 | by minorities, women, veterans, or people with | ||||||
| 19 | disabilities, if known to the cannabis business | ||||||
| 20 | establishment; and | ||||||
| 21 | (4) recommendations on reducing or eliminating any | ||||||
| 22 | identified barriers to entry, including access to capital, | ||||||
| 23 | in the cannabis industry. | ||||||
| 24 | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; | ||||||
| 25 | revised 7-19-24.)
| ||||||
| |||||||
| |||||||
| 1 | (410 ILCS 705/10-45) | ||||||
| 2 | Sec. 10-45. Cannabis Equity Commission. | ||||||
| 3 | (a) The Cannabis Equity Commission is created and shall | ||||||
| 4 | reflect the diversity of the State of Illinois, including | ||||||
| 5 | geographic, racial, and ethnic diversity. The Cannabis Equity | ||||||
| 6 | Commission shall be responsible for the following: | ||||||
| 7 | (1) Ensuring that equity goals in the Illinois | ||||||
| 8 | cannabis industry, as stated in Section 10-40, are met. | ||||||
| 9 | (2) Tracking and analyzing minorities in the | ||||||
| 10 | marketplace. | ||||||
| 11 | (3) Ensuring that revenue is being invested properly | ||||||
| 12 | into R3 areas under Section 10-40. | ||||||
| 13 | (4) Recommending changes to make the law more | ||||||
| 14 | equitable to communities harmed the most by the war on | ||||||
| 15 | drugs. | ||||||
| 16 | (5) Create standards to protect true social equity | ||||||
| 17 | applicants from predatory businesses. | ||||||
| 18 | (b) The Cannabis Equity Commission's ex officio members | ||||||
| 19 | shall, within 4 months after March 23, 2021 (the effective | ||||||
| 20 | date of Public Act 101-658) this amendatory Act of the 101st | ||||||
| 21 | General Assembly, convene the Commission to appoint a full | ||||||
| 22 | Cannabis Equity Commission and oversee, provide guidance to, | ||||||
| 23 | and develop an administrative structure for the Cannabis | ||||||
| 24 | Equity Commission. The ex officio members are: | ||||||
| 25 | (1) The Governor, or his or her designee, who shall | ||||||
| 26 | serve as chair. | ||||||
| |||||||
| |||||||
| 1 | (2) The Attorney General, or his or her designee. | ||||||
| 2 | (3) The Director of Commerce and Economic Opportunity, | ||||||
| 3 | or his or her designee. | ||||||
| 4 | (4) The Director of Public Health, or his or her | ||||||
| 5 | designee. | ||||||
| 6 | (5) The Director of Corrections, or his or her | ||||||
| 7 | designee. | ||||||
| 8 | (6) The Secretary Director of Financial and | ||||||
| 9 | Professional Regulation, or his or her designee. | ||||||
| 10 | (7) The Director of Agriculture, or his or her | ||||||
| 11 | designee. | ||||||
| 12 | (8) The Executive Director of the Illinois Criminal | ||||||
| 13 | Justice Information Authority, or his or her designee. | ||||||
| 14 | (9) The Secretary of Human Services, or his or her | ||||||
| 15 | designee. | ||||||
| 16 | (10) A member of the Senate, designated by the | ||||||
| 17 | President of the Senate. | ||||||
| 18 | (11) A member of the House of Representatives, | ||||||
| 19 | designated by the Speaker of the House of Representatives. | ||||||
| 20 | (12) A member of the Senate, designated by the | ||||||
| 21 | Minority Leader of the Senate. | ||||||
| 22 | (13) A member of the House of Representatives, | ||||||
| 23 | designated by the Minority Leader of the House of | ||||||
| 24 | Representatives. | ||||||
| 25 | (c) Within 90 days after the ex officio members convene, | ||||||
| 26 | the following members shall be appointed to the Commission by | ||||||
| |||||||
| |||||||
| 1 | the chair: | ||||||
| 2 | (1) Four community-based providers or community | ||||||
| 3 | development organization representatives who provide | ||||||
| 4 | services to treat violence and address the social | ||||||
| 5 | determinants of health, or promote community investment, | ||||||
| 6 | including, but not limited to, services such as job | ||||||
| 7 | placement and training, educational services, workforce | ||||||
| 8 | development programming, and wealth building. No more than | ||||||
| 9 | 2 community-based organization representatives shall work | ||||||
| 10 | primarily in Cook County. At least one of the | ||||||
| 11 | community-based providers shall have expertise in | ||||||
| 12 | providing services to an immigrant population. | ||||||
| 13 | (2) Two experts in the field of violence reduction. | ||||||
| 14 | (3) One male who has previously been incarcerated and | ||||||
| 15 | is over the age of 24 at the time of appointment. | ||||||
| 16 | (4) One female who has previously been incarcerated | ||||||
| 17 | and is over the age of 24 at the time of appointment. | ||||||
| 18 | (5) Two individuals who have previously been | ||||||
| 19 | incarcerated and are between the ages of 17 and 24 at the | ||||||
| 20 | time of appointment. | ||||||
| 21 | As used in this subsection (c), "an individual who has | ||||||
| 22 | been previously incarcerated" has the same meaning as defined | ||||||
| 23 | in paragraph (2) of subsection (e) of Section 10-40. | ||||||
| 24 | (Source: P.A. 101-658, eff. 3-23-21; revised 7-19-24.)
| ||||||
| 25 | (410 ILCS 705/15-20) | ||||||
| |||||||
| |||||||
| 1 | Sec. 15-20. Early Approval Adult Use Dispensing | ||||||
| 2 | Organization License; secondary site. | ||||||
| 3 | (a) Any medical cannabis dispensing organization holding a | ||||||
| 4 | valid registration under the Compassionate Use of Medical | ||||||
| 5 | Cannabis Program Act as of the effective date of this Act may, | ||||||
| 6 | within 60 days of the effective date of this Act, apply to the | ||||||
| 7 | Department for an Early Approval Adult Use Dispensing | ||||||
| 8 | Organization License to operate a dispensing organization to | ||||||
| 9 | serve purchasers at a secondary site not within 1,500 feet of | ||||||
| 10 | another medical cannabis dispensing organization or adult use | ||||||
| 11 | dispensing organization. The Early Approval Adult Use | ||||||
| 12 | Dispensing Organization secondary site shall be within any BLS | ||||||
| 13 | Region that shares territory with the dispensing organization | ||||||
| 14 | district to which the medical cannabis dispensing organization | ||||||
| 15 | is assigned under the administrative rules for dispensing | ||||||
| 16 | organizations under the Compassionate Use of Medical Cannabis | ||||||
| 17 | Program Act. | ||||||
| 18 | (a-5) If, within 360 days of the effective date of this | ||||||
| 19 | Act, a dispensing organization is unable to find a location | ||||||
| 20 | within the BLS Regions prescribed in subsection (a) of this | ||||||
| 21 | Section in which to operate an Early Approval Adult Use | ||||||
| 22 | Dispensing Organization at a secondary site because no | ||||||
| 23 | jurisdiction within the prescribed area allows the operation | ||||||
| 24 | of an Adult Use Cannabis Dispensing Organization, the | ||||||
| 25 | Department of Financial and Professional Regulation may waive | ||||||
| 26 | the geographic restrictions of subsection (a) of this Section | ||||||
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| 1 | and specify another BLS Region into which the dispensary may | ||||||
| 2 | be placed. | ||||||
| 3 | (b) (Blank). | ||||||
| 4 | (c) A medical cannabis dispensing organization seeking | ||||||
| 5 | issuance of an Early Approval Adult Use Dispensing | ||||||
| 6 | Organization License at a secondary site to serve purchasers | ||||||
| 7 | at a secondary site as prescribed in subsection (a) of this | ||||||
| 8 | Section shall submit an application on forms provided by the | ||||||
| 9 | Department. The application must meet or include the following | ||||||
| 10 | qualifications: | ||||||
| 11 | (1) a payment of a nonrefundable application fee of | ||||||
| 12 | $30,000; | ||||||
| 13 | (2) proof of registration as a medical cannabis | ||||||
| 14 | dispensing organization that is in good standing; | ||||||
| 15 | (3) submission of the application by the same person | ||||||
| 16 | or entity that holds the medical cannabis dispensing | ||||||
| 17 | organization registration; | ||||||
| 18 | (4) the legal name of the medical cannabis dispensing | ||||||
| 19 | organization; | ||||||
| 20 | (5) the physical address of the medical cannabis | ||||||
| 21 | dispensing organization and the proposed physical address | ||||||
| 22 | of the secondary site; | ||||||
| 23 | (6) a copy of the current local zoning ordinance | ||||||
| 24 | Sections relevant to dispensary operations and | ||||||
| 25 | documentation of the approval, the conditional approval or | ||||||
| 26 | the status of a request for zoning approval from the local | ||||||
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| 1 | zoning office that the proposed dispensary location is in | ||||||
| 2 | compliance with the local zoning rules; | ||||||
| 3 | (7) a plot plan of the dispensary drawn to scale. The | ||||||
| 4 | applicant shall submit general specifications of the | ||||||
| 5 | building exterior and interior layout; | ||||||
| 6 | (8) a statement that the dispensing organization | ||||||
| 7 | agrees to respond to the Department's supplemental | ||||||
| 8 | requests for information; | ||||||
| 9 | (9) for the building or land to be used as the proposed | ||||||
| 10 | dispensary: | ||||||
| 11 | (A) if the property is not owned by the applicant, | ||||||
| 12 | a written statement from the property owner and | ||||||
| 13 | landlord, if any, certifying consent that the | ||||||
| 14 | applicant may operate a dispensary on the premises; or | ||||||
| 15 | (B) if the property is owned by the applicant, | ||||||
| 16 | confirmation of ownership; | ||||||
| 17 | (10) a copy of the proposed operating bylaws; | ||||||
| 18 | (11) a copy of the proposed business plan that | ||||||
| 19 | complies with the requirements in this Act, including, at | ||||||
| 20 | a minimum, the following: | ||||||
| 21 | (A) a description of services to be offered; and | ||||||
| 22 | (B) a description of the process of dispensing | ||||||
| 23 | cannabis; | ||||||
| 24 | (12) a copy of the proposed security plan that | ||||||
| 25 | complies with the requirements in this Article, including: | ||||||
| 26 | (A) a description of the delivery process by which | ||||||
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| 1 | cannabis will be received from a transporting | ||||||
| 2 | organization, including receipt of manifests and | ||||||
| 3 | protocols that will be used to avoid diversion, theft, | ||||||
| 4 | or loss at the dispensary acceptance point; and | ||||||
| 5 | (B) the process or controls that will be | ||||||
| 6 | implemented to monitor the dispensary, secure the | ||||||
| 7 | premises, agents, patients, and currency, and prevent | ||||||
| 8 | the diversion, theft, or loss of cannabis; and | ||||||
| 9 | (C) the process to ensure that access to the | ||||||
| 10 | restricted access areas is restricted to, registered | ||||||
| 11 | agents, service professionals, transporting | ||||||
| 12 | organization agents, Department inspectors, and | ||||||
| 13 | security personnel; | ||||||
| 14 | (13) a proposed inventory control plan that complies | ||||||
| 15 | with this Section; | ||||||
| 16 | (14) the name, address, social security number, and | ||||||
| 17 | date of birth of each principal officer and board member | ||||||
| 18 | of the dispensing organization; each of those individuals | ||||||
| 19 | shall be at least 21 years of age; | ||||||
| 20 | (15) a nonrefundable Cannabis Business Development Fee | ||||||
| 21 | equal to $200,000, to be deposited into the Cannabis | ||||||
| 22 | Business Development Fund; and | ||||||
| 23 | (16) a commitment to completing one of the following | ||||||
| 24 | Social Equity Inclusion Plans in subsection (d). | ||||||
| 25 | (d) Before receiving an Early Approval Adult Use | ||||||
| 26 | Dispensing Organization License at a secondary site, a | ||||||
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| 1 | dispensing organization shall indicate the Social Equity | ||||||
| 2 | Inclusion Plan that the applicant plans to achieve before the | ||||||
| 3 | expiration of the Early Approval Adult Use Dispensing | ||||||
| 4 | Organization License from the list below: | ||||||
| 5 | (1) make a contribution of 3% of total sales from June | ||||||
| 6 | 1, 2018 to June 1, 2019, or $100,000, whichever is less, to | ||||||
| 7 | the Cannabis Business Development Fund. This is in | ||||||
| 8 | addition to the fee required by paragraph (16) of | ||||||
| 9 | subsection (c) of this Section; | ||||||
| 10 | (2) make a grant of 3% of total sales from June 1, 2018 | ||||||
| 11 | to June 1, 2019, or $100,000, whichever is less, to a | ||||||
| 12 | cannabis industry training or education program at an | ||||||
| 13 | Illinois community college as defined in the Public | ||||||
| 14 | Community College Act; | ||||||
| 15 | (3) make a donation of $100,000 or more to a program | ||||||
| 16 | that provides job training services to persons recently | ||||||
| 17 | incarcerated or that operates in a Disproportionately | ||||||
| 18 | Impacted Area; | ||||||
| 19 | (4) participate as a host in a cannabis business | ||||||
| 20 | establishment incubator program approved by the Department | ||||||
| 21 | of Commerce and Economic Opportunity, and in which an | ||||||
| 22 | Early Approval Adult Use Dispensing Organization License | ||||||
| 23 | at a secondary site holder agrees to provide a loan of at | ||||||
| 24 | least $100,000 and mentorship to incubate, for at least a | ||||||
| 25 | year, a Social Equity Applicant intending to seek a | ||||||
| 26 | license or a licensee that qualifies as a Social Equity | ||||||
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| 1 | Applicant. In this paragraph (4), "incubate" means | ||||||
| 2 | providing direct financial assistance and training | ||||||
| 3 | necessary to engage in licensed cannabis industry activity | ||||||
| 4 | similar to that of the host licensee. The Early Approval | ||||||
| 5 | Adult Use Dispensing Organization License holder or the | ||||||
| 6 | same entity holding any other licenses issued under this | ||||||
| 7 | Act shall not take an ownership stake of greater than 10% | ||||||
| 8 | in any business receiving incubation services to comply | ||||||
| 9 | with this subsection. If an Early Approval Adult Use | ||||||
| 10 | Dispensing Organization License at a secondary site holder | ||||||
| 11 | fails to find a business to incubate in order to comply | ||||||
| 12 | with this subsection before its Early Approval Adult Use | ||||||
| 13 | Dispensing Organization License at a secondary site | ||||||
| 14 | expires, it may opt to meet the requirement of this | ||||||
| 15 | subsection by completing another item from this subsection | ||||||
| 16 | before the expiration of its Early Approval Adult Use | ||||||
| 17 | Dispensing Organization License at a secondary site to | ||||||
| 18 | avoid a penalty; or | ||||||
| 19 | (5) participate in a sponsorship program for at least | ||||||
| 20 | 2 years approved by the Department of Commerce and | ||||||
| 21 | Economic Opportunity in which an Early Approval Adult Use | ||||||
| 22 | Dispensing Organization License at a secondary site holder | ||||||
| 23 | agrees to provide an interest-free loan of at least | ||||||
| 24 | $200,000 to a Social Equity Applicant. The sponsor shall | ||||||
| 25 | not take an ownership stake of greater than 10% in any | ||||||
| 26 | business receiving sponsorship services to comply with | ||||||
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| 1 | this subsection. | ||||||
| 2 | (e) The license fee required by paragraph (1) of | ||||||
| 3 | subsection (c) of this Section is in addition to any license | ||||||
| 4 | fee required for the renewal of a registered medical cannabis | ||||||
| 5 | dispensing organization license. | ||||||
| 6 | (f) Applicants must submit all required information, | ||||||
| 7 | including the requirements in subsection (c) of this Section, | ||||||
| 8 | to the Department. Failure by an applicant to submit all | ||||||
| 9 | required information may result in the application being | ||||||
| 10 | disqualified. Principal officers shall not be required to | ||||||
| 11 | submit to the fingerprint and background check requirements of | ||||||
| 12 | Section 5-20. | ||||||
| 13 | (g) If the Department receives an application that fails | ||||||
| 14 | to provide the required elements contained in subsection (c), | ||||||
| 15 | the Department shall issue a deficiency notice to the | ||||||
| 16 | applicant. The applicant shall have 10 calendar days from the | ||||||
| 17 | date of the deficiency notice to submit complete information. | ||||||
| 18 | Applications that are still incomplete after this opportunity | ||||||
| 19 | to cure may be disqualified. | ||||||
| 20 | (h) Once all required information and documents have been | ||||||
| 21 | submitted, the Department will review the application. The | ||||||
| 22 | Department may request revisions and retains final approval | ||||||
| 23 | over dispensary features. Once the application is complete and | ||||||
| 24 | meets the Department's approval, the Department shall | ||||||
| 25 | conditionally approve the license. Final approval is | ||||||
| 26 | contingent on the build-out and Department inspection. | ||||||
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| 1 | (i) Upon submission of the Early Approval Adult Use | ||||||
| 2 | Dispensing Organization at a secondary site application, the | ||||||
| 3 | applicant shall request an inspection and the Department may | ||||||
| 4 | inspect the Early Approval Adult Use Dispensing Organization's | ||||||
| 5 | secondary site to confirm compliance with the application and | ||||||
| 6 | this Act. | ||||||
| 7 | (j) The Department shall only issue an Early Approval | ||||||
| 8 | Adult Use Dispensing Organization License at a secondary site | ||||||
| 9 | after the completion of a successful inspection. | ||||||
| 10 | (k) If an applicant passes the inspection under this | ||||||
| 11 | Section, the Department shall issue the Early Approval Adult | ||||||
| 12 | Use Dispensing Organization License at a secondary site within | ||||||
| 13 | 10 business days unless: | ||||||
| 14 | (1) the The licensee, any principal officer or board | ||||||
| 15 | member of the licensee, or any person having a financial | ||||||
| 16 | or voting interest of 5% or greater in the licensee is | ||||||
| 17 | delinquent in filing any required tax returns or paying | ||||||
| 18 | any amounts owed to the State of Illinois; or | ||||||
| 19 | (2) the The Secretary of Financial and Professional | ||||||
| 20 | Regulation determines there is reason, based on documented | ||||||
| 21 | compliance violations, the licensee is not entitled to an | ||||||
| 22 | Early Approval Adult Use Dispensing Organization License | ||||||
| 23 | at its secondary site. | ||||||
| 24 | (l) Once the Department has issued a license, the | ||||||
| 25 | dispensing organization shall notify the Department of the | ||||||
| 26 | proposed opening date. | ||||||
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| 1 | (m) A registered medical cannabis dispensing organization | ||||||
| 2 | that obtains an Early Approval Adult Use Dispensing | ||||||
| 3 | Organization License at a secondary site may begin selling | ||||||
| 4 | cannabis, cannabis-infused products, paraphernalia, and | ||||||
| 5 | related items to purchasers under the rules of this Act no | ||||||
| 6 | sooner than January 1, 2020. | ||||||
| 7 | (n) If there is a shortage of cannabis or cannabis-infused | ||||||
| 8 | products, a dispensing organization holding both a dispensing | ||||||
| 9 | organization license under the Compassionate Use of Medical | ||||||
| 10 | Cannabis Program Act and this Article shall prioritize serving | ||||||
| 11 | qualifying patients and caregivers before serving purchasers. | ||||||
| 12 | (o) An Early Approval Adult Use Dispensing Organization | ||||||
| 13 | License at a secondary site is valid until March 31, 2021. A | ||||||
| 14 | dispensing organization that obtains an Early Approval Adult | ||||||
| 15 | Use Dispensing Organization License at a secondary site shall | ||||||
| 16 | receive written or electronic notice 90 days before the | ||||||
| 17 | expiration of the license that the license will expire, and | ||||||
| 18 | inform the license holder that it may renew its Early Approval | ||||||
| 19 | Adult Use Dispensing Organization License at a secondary site. | ||||||
| 20 | The Department shall renew an Early Approval Adult Use | ||||||
| 21 | Dispensing Organization License at a secondary site within 60 | ||||||
| 22 | days of submission of the renewal application being deemed | ||||||
| 23 | complete if: | ||||||
| 24 | (1) the dispensing organization submits an application | ||||||
| 25 | and the required nonrefundable renewal fee of $30,000, to | ||||||
| 26 | be deposited into the Cannabis Regulation Fund; | ||||||
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| 1 | (2) the Department has not suspended or permanently | ||||||
| 2 | revoked the Early Approval Adult Use Dispensing | ||||||
| 3 | Organization License or a medical cannabis dispensing | ||||||
| 4 | organization license held by the same person or entity for | ||||||
| 5 | violating this Act or rules adopted under this Act or the | ||||||
| 6 | Compassionate Use of Medical Cannabis Program Act or rules | ||||||
| 7 | adopted under that Act; and | ||||||
| 8 | (3) the dispensing organization has completed a Social | ||||||
| 9 | Equity Inclusion Plan provided by paragraph (1), (2), or | ||||||
| 10 | (3) of subsection (d) of this Section or has made | ||||||
| 11 | substantial progress toward completing a Social Equity | ||||||
| 12 | Inclusion Plan provided by paragraph (4) or (5) of | ||||||
| 13 | subsection (d) of this Section. | ||||||
| 14 | (p) The Early Approval Adult Use Dispensing Organization | ||||||
| 15 | Licensee at a secondary site renewed pursuant to subsection | ||||||
| 16 | (o) shall receive written or electronic notice 90 days before | ||||||
| 17 | the expiration of the license that the license will expire, | ||||||
| 18 | and that informs the license holder that it may apply for an | ||||||
| 19 | Adult Use Dispensing Organization License on forms provided by | ||||||
| 20 | the Department. The Department shall grant an Adult Use | ||||||
| 21 | Dispensing Organization License within 60 days of an | ||||||
| 22 | application being deemed complete if the applicant has meet | ||||||
| 23 | all of the criteria in Section 15-36. | ||||||
| 24 | (q) If a dispensing organization fails to submit an | ||||||
| 25 | application for renewal of an Early Approval Adult Use | ||||||
| 26 | Dispensing Organization License or for an Adult Use Dispensing | ||||||
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| 1 | Organization License before the expiration dates provided in | ||||||
| 2 | subsections (o) and (p) of this Section, the dispensing | ||||||
| 3 | organization shall cease serving purchasers until it receives | ||||||
| 4 | a renewal or an Adult Use Dispensing Organization License. | ||||||
| 5 | (r) A dispensing organization agent who holds a valid | ||||||
| 6 | dispensing organization agent identification card issued under | ||||||
| 7 | the Compassionate Use of Medical Cannabis Program Act and is | ||||||
| 8 | an officer, director, manager, or employee of the dispensing | ||||||
| 9 | organization licensed under this Section may engage in all | ||||||
| 10 | activities authorized by this Article to be performed by a | ||||||
| 11 | dispensing organization agent. | ||||||
| 12 | (s) If the Department suspends, permanently revokes, or | ||||||
| 13 | otherwise disciplines the Early Approval Adult Use Dispensing | ||||||
| 14 | Organization License of a dispensing organization that also | ||||||
| 15 | holds a medical cannabis dispensing organization license | ||||||
| 16 | issued under the Compassionate Use of Medical Cannabis Program | ||||||
| 17 | Act, the Department may consider the suspension, permanent | ||||||
| 18 | revocation, or other discipline as grounds to take | ||||||
| 19 | disciplinary action against the medical cannabis dispensing | ||||||
| 20 | organization. | ||||||
| 21 | (t) All fees collected pursuant to this Section shall be | ||||||
| 22 | deposited into the Cannabis Regulation Fund, unless otherwise | ||||||
| 23 | specified. | ||||||
| 24 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
| 25 | revised 7-19-24.)
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| |||||||
| 1 | (410 ILCS 705/15-36) | ||||||
| 2 | Sec. 15-36. Adult Use Dispensing Organization License. | ||||||
| 3 | (a) A person is only eligible to receive an Adult Use | ||||||
| 4 | Dispensing Organization License if the person has been awarded | ||||||
| 5 | a Conditional Adult Use Dispensing Organization License | ||||||
| 6 | pursuant to this Act or has renewed its license pursuant to | ||||||
| 7 | subsection (k) of Section 15-15 or subsection (p) of Section | ||||||
| 8 | 15-20. | ||||||
| 9 | (b) The Department shall not issue an Adult Use Dispensing | ||||||
| 10 | Organization License until: | ||||||
| 11 | (1) the Department has inspected the dispensary site | ||||||
| 12 | and proposed operations and verified that they are in | ||||||
| 13 | compliance with this Act and local zoning laws; | ||||||
| 14 | (2) the Conditional Adult Use Dispensing Organization | ||||||
| 15 | License holder has paid a license fee of $60,000 or a | ||||||
| 16 | prorated amount accounting for the difference of time | ||||||
| 17 | between when the Adult Use Dispensing Organization License | ||||||
| 18 | is issued and March 31 of the next even-numbered year; and | ||||||
| 19 | (3) the Conditional Adult Use Dispensing Organization | ||||||
| 20 | License holder has met all the requirements in this Act | ||||||
| 21 | and rules. | ||||||
| 22 | (c) No person or entity shall hold any legal, equitable, | ||||||
| 23 | ownership, or beneficial interest, directly or indirectly, of | ||||||
| 24 | more than 10 dispensing organizations licensed under this | ||||||
| 25 | Article. Further, no person or entity that is: | ||||||
| 26 | (1) employed by, is an agent of, or participates in | ||||||
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| 1 | the management of a dispensing organization or registered | ||||||
| 2 | medical cannabis dispensing organization; | ||||||
| 3 | (2) a principal officer of a dispensing organization | ||||||
| 4 | or registered medical cannabis dispensing organization; or | ||||||
| 5 | (3) an entity controlled by or affiliated with a | ||||||
| 6 | principal officer of a dispensing organization or | ||||||
| 7 | registered medical cannabis dispensing organization; | ||||||
| 8 | shall hold any legal, equitable, ownership, or beneficial | ||||||
| 9 | interest, directly or indirectly, in a dispensing organization | ||||||
| 10 | that would result in such person or entity owning or | ||||||
| 11 | participating in the management of more than 10 Early Approval | ||||||
| 12 | Adult Use Dispensing Organization Licenses, Early Approval | ||||||
| 13 | Adult Use Dispensing Organization Licenses at a secondary | ||||||
| 14 | site, Conditional Adult Use Dispensing Organization Licenses, | ||||||
| 15 | or Adult Use Dispensing Organization Licenses. For the purpose | ||||||
| 16 | of this subsection, participating in management may include, | ||||||
| 17 | without limitation, controlling decisions regarding staffing, | ||||||
| 18 | pricing, purchasing, marketing, store design, hiring, and | ||||||
| 19 | website design. | ||||||
| 20 | (d) The Department shall deny an application if granting | ||||||
| 21 | that application would result in a person or entity obtaining | ||||||
| 22 | direct or indirect financial interest in more than 10 Early | ||||||
| 23 | Approval Adult Use Dispensing Organization Licenses, | ||||||
| 24 | Conditional Adult Use Dispensing Organization Licenses, Adult | ||||||
| 25 | Use Dispensing Organization Licenses, or any combination | ||||||
| 26 | thereof. If a person or entity is awarded a Conditional Adult | ||||||
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| 1 | Use Dispensing Organization License that would cause the | ||||||
| 2 | person or entity to be in violation of this subsection, he, | ||||||
| 3 | she, or it shall choose which license application it wants to | ||||||
| 4 | abandon and such licenses shall become available to the next | ||||||
| 5 | qualified applicant in the region in which the abandoned | ||||||
| 6 | license was awarded. | ||||||
| 7 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
| 8 | revised 7-19-24.)
| ||||||
| 9 | (410 ILCS 705/15-70) | ||||||
| 10 | Sec. 15-70. Operational requirements; prohibitions. | ||||||
| 11 | (a) A dispensing organization shall operate in accordance | ||||||
| 12 | with the representations made in its application and license | ||||||
| 13 | materials. It shall be in compliance with this Act and rules. | ||||||
| 14 | (b) A dispensing organization must include the legal name | ||||||
| 15 | of the dispensary on the packaging of any cannabis product it | ||||||
| 16 | sells. | ||||||
| 17 | (c) All cannabis, cannabis-infused products, and cannabis | ||||||
| 18 | seeds must be obtained from an Illinois registered adult use | ||||||
| 19 | cultivation center, craft grower, infuser, or another | ||||||
| 20 | dispensary. | ||||||
| 21 | (d) Dispensing organizations are prohibited from selling | ||||||
| 22 | any product containing alcohol except tinctures, which must be | ||||||
| 23 | limited to containers that are no larger than 100 milliliters. | ||||||
| 24 | (e) A dispensing organization shall inspect and count | ||||||
| 25 | product received from a transporting organization, adult use | ||||||
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| 1 | cultivation center, craft grower, infuser organization, or | ||||||
| 2 | other dispensing organization before dispensing it. | ||||||
| 3 | (f) A dispensing organization may only accept cannabis | ||||||
| 4 | deliveries into a restricted access area. Deliveries may not | ||||||
| 5 | be accepted through the public or limited access areas unless | ||||||
| 6 | otherwise approved by the Department. | ||||||
| 7 | (g) A dispensing organization shall maintain compliance | ||||||
| 8 | with State and local building, fire, and zoning requirements | ||||||
| 9 | or regulations. | ||||||
| 10 | (h) A dispensing organization shall submit a list to the | ||||||
| 11 | Department of the names of all service professionals that will | ||||||
| 12 | work at the dispensary. The list shall include a description | ||||||
| 13 | of the type of business or service provided. Changes to the | ||||||
| 14 | service professional list shall be promptly provided. No | ||||||
| 15 | service professional shall work in the dispensary until the | ||||||
| 16 | name is provided to the Department on the service professional | ||||||
| 17 | list. | ||||||
| 18 | (i) A dispensing organization's license allows for a | ||||||
| 19 | dispensary to be operated only at a single location. | ||||||
| 20 | (j) A dispensary may operate between 6 a.m. and 10 p.m. | ||||||
| 21 | local time. | ||||||
| 22 | (k) A dispensing organization must keep all lighting | ||||||
| 23 | outside and inside the dispensary in good working order and | ||||||
| 24 | wattage sufficient for security cameras. | ||||||
| 25 | (l) A dispensing organization must keep all air treatment | ||||||
| 26 | systems that will be installed to reduce odors in good working | ||||||
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| 1 | order. | ||||||
| 2 | (m) A dispensing organization must contract with a private | ||||||
| 3 | security contractor that is licensed under Section 10-5 of the | ||||||
| 4 | Private Detective, Private Alarm, Private Security, | ||||||
| 5 | Fingerprint Vendor, and Locksmith Act of 2004 to provide | ||||||
| 6 | on-site security at all hours of the dispensary's operation. | ||||||
| 7 | (n) A dispensing organization shall ensure that any | ||||||
| 8 | building or equipment used by a dispensing organization for | ||||||
| 9 | the storage or sale of cannabis is maintained in a clean and | ||||||
| 10 | sanitary condition. | ||||||
| 11 | (o) The dispensary shall be free from infestation by | ||||||
| 12 | insects, rodents, or pests. | ||||||
| 13 | (p) A dispensing organization shall not: | ||||||
| 14 | (1) Produce or manufacture cannabis; | ||||||
| 15 | (2) Accept a cannabis product from an adult use | ||||||
| 16 | cultivation center, craft grower, infuser, dispensing | ||||||
| 17 | organization, or transporting organization unless it is | ||||||
| 18 | pre-packaged and labeled in accordance with this Act and | ||||||
| 19 | any rules that may be adopted pursuant to this Act; | ||||||
| 20 | (3) Obtain cannabis or cannabis-infused products from | ||||||
| 21 | outside the State of Illinois; | ||||||
| 22 | (4) Sell cannabis or cannabis-infused products to a | ||||||
| 23 | purchaser unless the dispensing organization is licensed | ||||||
| 24 | under the Compassionate Use of Medical Cannabis Program | ||||||
| 25 | Act, and the individual is registered under the | ||||||
| 26 | Compassionate Use of Medical Cannabis Program or the | ||||||
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| 1 | purchaser has been verified to be 21 years of age or older; | ||||||
| 2 | (5) Enter into an exclusive agreement with any adult | ||||||
| 3 | use cultivation center, craft grower, or infuser. | ||||||
| 4 | Dispensaries shall provide consumers an assortment of | ||||||
| 5 | products from various cannabis business establishment | ||||||
| 6 | licensees such that the inventory available for sale at | ||||||
| 7 | any dispensary from any single cultivation center, craft | ||||||
| 8 | grower, processor, transporter, or infuser entity shall | ||||||
| 9 | not be more than 40% of the total inventory available for | ||||||
| 10 | sale. For the purpose of this subsection, a cultivation | ||||||
| 11 | center, craft grower, processor, or infuser shall be | ||||||
| 12 | considered part of the same entity if the licensees share | ||||||
| 13 | at least one principal officer. The Department may request | ||||||
| 14 | that a dispensary diversify its products as needed or | ||||||
| 15 | otherwise discipline a dispensing organization for | ||||||
| 16 | violating this requirement; | ||||||
| 17 | (6) Refuse to conduct business with an adult use | ||||||
| 18 | cultivation center, craft grower, transporting | ||||||
| 19 | organization, or infuser that has the ability to properly | ||||||
| 20 | deliver the product and is permitted by the Department of | ||||||
| 21 | Agriculture, on the same terms as other adult use | ||||||
| 22 | cultivation centers, craft growers, infusers, or | ||||||
| 23 | transporters with whom it is dealing; | ||||||
| 24 | (7) Operate drive-through windows; | ||||||
| 25 | (8) Allow for the dispensing of cannabis or | ||||||
| 26 | cannabis-infused products in vending machines; | ||||||
| |||||||
| |||||||
| 1 | (9) Transport cannabis to residences or other | ||||||
| 2 | locations where purchasers may be for delivery; | ||||||
| 3 | (10) Enter into agreements to allow persons who are | ||||||
| 4 | not dispensing organization agents to deliver cannabis or | ||||||
| 5 | to transport cannabis to purchasers; | ||||||
| 6 | (11) Operate a dispensary if its video surveillance | ||||||
| 7 | equipment is inoperative; | ||||||
| 8 | (12) Operate a dispensary if the point-of-sale | ||||||
| 9 | equipment is inoperative; | ||||||
| 10 | (13) Operate a dispensary if the State's cannabis | ||||||
| 11 | electronic verification system is inoperative; | ||||||
| 12 | (14) Have fewer than 2 people working at the | ||||||
| 13 | dispensary at any time while the dispensary is open; | ||||||
| 14 | (15) Be located within 1,500 feet of the property line | ||||||
| 15 | of a pre-existing dispensing organization, unless the | ||||||
| 16 | applicant is a Social Equity Applicant or Social Equity | ||||||
| 17 | Justice Involved Applicant located or seeking to locate | ||||||
| 18 | within 1,500 feet of a dispensing organization licensed | ||||||
| 19 | under Section 15-15 or Section 15-20; | ||||||
| 20 | (16) Sell clones or any other live plant material; | ||||||
| 21 | (17) Sell cannabis, cannabis concentrate, or | ||||||
| 22 | cannabis-infused products in combination or bundled with | ||||||
| 23 | each other or any other items for one price, and each item | ||||||
| 24 | of cannabis, concentrate, or cannabis-infused product must | ||||||
| 25 | be separately identified by quantity and price on the | ||||||
| 26 | receipt; | ||||||
| |||||||
| |||||||
| 1 | (18) Violate any other requirements or prohibitions | ||||||
| 2 | set by Department rules. | ||||||
| 3 | (q) It is unlawful for any person having an Early Approval | ||||||
| 4 | Adult Use Cannabis Dispensing Organization License, a | ||||||
| 5 | Conditional Adult Use Cannabis Dispensing Organization | ||||||
| 6 | License, an Adult Use Dispensing Organization License, or a | ||||||
| 7 | medical cannabis dispensing organization license issued under | ||||||
| 8 | the Compassionate Use of Medical Cannabis Program Act or any | ||||||
| 9 | officer, associate, member, representative, or agent of such | ||||||
| 10 | licensee to accept, receive, or borrow money or anything else | ||||||
| 11 | of value or accept or receive credit (other than merchandising | ||||||
| 12 | credit in the ordinary course of business for a period not to | ||||||
| 13 | exceed 30 days) directly or indirectly from any adult use | ||||||
| 14 | cultivation center, craft grower, infuser, or transporting | ||||||
| 15 | organization in exchange for preferential placement on the | ||||||
| 16 | dispensing organization's shelves, display cases, or website. | ||||||
| 17 | This includes anything received or borrowed or from any | ||||||
| 18 | stockholders, officers, agents, or persons connected with an | ||||||
| 19 | adult use cultivation center, craft grower, infuser, or | ||||||
| 20 | transporting organization. | ||||||
| 21 | (r) It is unlawful for any person having an Early Approval | ||||||
| 22 | Adult Use Cannabis Dispensing Organization License, a | ||||||
| 23 | Conditional Adult Use Cannabis Dispensing Organization | ||||||
| 24 | License, an Adult Use Dispensing Organization License, or a | ||||||
| 25 | medical cannabis dispensing organization license issued under | ||||||
| 26 | the Compassionate Use of Medical Cannabis Program to enter | ||||||
| |||||||
| |||||||
| 1 | into any contract with any person licensed to cultivate, | ||||||
| 2 | process, or transport cannabis whereby such dispensing | ||||||
| 3 | organization agrees not to sell any cannabis cultivated, | ||||||
| 4 | processed, transported, manufactured, or distributed by any | ||||||
| 5 | other cultivator, transporter, or infuser, and any provision | ||||||
| 6 | in any contract violative of this Section shall render the | ||||||
| 7 | whole of such contract void and no action shall be brought | ||||||
| 8 | thereon in any court. | ||||||
| 9 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
| 10 | 102-98, eff. 7-15-21; revised 7-23-24.)
| ||||||
| 11 | (410 ILCS 705/20-15) | ||||||
| 12 | Sec. 20-15. Conditional Adult Use Cultivation Center | ||||||
| 13 | application. | ||||||
| 14 | (a) If the Department of Agriculture makes available | ||||||
| 15 | additional cultivation center licenses pursuant to Section | ||||||
| 16 | 20-5, applicants for a Conditional Adult Use Cultivation | ||||||
| 17 | Center License shall electronically submit the following in | ||||||
| 18 | such form as the Department of Agriculture may direct: | ||||||
| 19 | (1) the nonrefundable application fee set by rule by | ||||||
| 20 | the Department of Agriculture, to be deposited into the | ||||||
| 21 | Cannabis Regulation Fund; | ||||||
| 22 | (2) the legal name of the cultivation center; | ||||||
| 23 | (3) the proposed physical address of the cultivation | ||||||
| 24 | center; | ||||||
| 25 | (4) the name, address, social security number, and | ||||||
| |||||||
| |||||||
| 1 | date of birth of each principal officer and board member | ||||||
| 2 | of the cultivation center; each principal officer and | ||||||
| 3 | board member shall be at least 21 years of age; | ||||||
| 4 | (5) the details of any administrative or judicial | ||||||
| 5 | proceeding in which any of the principal officers or board | ||||||
| 6 | members of the cultivation center (i) pled guilty, were | ||||||
| 7 | convicted, were fined, or had a registration or license | ||||||
| 8 | suspended or revoked, or (ii) managed or served on the | ||||||
| 9 | board of a business or non-profit organization that pled | ||||||
| 10 | guilty, was convicted, was fined, or had a registration or | ||||||
| 11 | license suspended or revoked; | ||||||
| 12 | (6) proposed operating bylaws that include procedures | ||||||
| 13 | for the oversight of the cultivation center, including the | ||||||
| 14 | development and implementation of a plant monitoring | ||||||
| 15 | system, accurate recordkeeping, staffing plan, and | ||||||
| 16 | security plan approved by the Illinois State Police that | ||||||
| 17 | are in accordance with the rules issued by the Department | ||||||
| 18 | of Agriculture under this Act. A physical inventory shall | ||||||
| 19 | be performed of all plants and cannabis on a weekly basis | ||||||
| 20 | by the cultivation center; | ||||||
| 21 | (7) verification from the Illinois State Police that | ||||||
| 22 | all background checks of the prospective principal | ||||||
| 23 | officers, board members, and agents of the cannabis | ||||||
| 24 | business establishment have been conducted; | ||||||
| 25 | (8) a copy of the current local zoning ordinance or | ||||||
| 26 | permit and verification that the proposed cultivation | ||||||
| |||||||
| |||||||
| 1 | center is in compliance with the local zoning rules and | ||||||
| 2 | distance limitations established by the local | ||||||
| 3 | jurisdiction; | ||||||
| 4 | (9) proposed employment practices, in which the | ||||||
| 5 | applicant must demonstrate a plan of action to inform, | ||||||
| 6 | hire, and educate minorities, women, veterans, and persons | ||||||
| 7 | with disabilities, engage in fair labor practices, and | ||||||
| 8 | provide worker protections; | ||||||
| 9 | (10) whether an applicant can demonstrate experience | ||||||
| 10 | in or business practices that promote economic empowerment | ||||||
| 11 | in Disproportionately Impacted Areas; | ||||||
| 12 | (11) experience with the cultivation of agricultural | ||||||
| 13 | or horticultural products, operating an agriculturally | ||||||
| 14 | related business, or operating a horticultural business; | ||||||
| 15 | (12) a description of the enclosed, locked facility | ||||||
| 16 | where cannabis will be grown, harvested, manufactured, | ||||||
| 17 | processed, packaged, or otherwise prepared for | ||||||
| 18 | distribution to a dispensing organization; | ||||||
| 19 | (13) a survey of the enclosed, locked facility, | ||||||
| 20 | including the space used for cultivation; | ||||||
| 21 | (14) cultivation, processing, inventory, and packaging | ||||||
| 22 | plans; | ||||||
| 23 | (15) a description of the applicant's experience with | ||||||
| 24 | agricultural cultivation techniques and industry | ||||||
| 25 | standards; | ||||||
| 26 | (16) a list of any academic degrees, certifications, | ||||||
| |||||||
| |||||||
| 1 | or relevant experience of all prospective principal | ||||||
| 2 | officers, board members, and agents of the related | ||||||
| 3 | business; | ||||||
| 4 | (17) the identity of every person having a financial | ||||||
| 5 | or voting interest of 5% or greater in the cultivation | ||||||
| 6 | center operation with respect to which the license is | ||||||
| 7 | sought, whether a trust, corporation, partnership, limited | ||||||
| 8 | liability company, or sole proprietorship, including the | ||||||
| 9 | name and address of each person; | ||||||
| 10 | (18) a plan describing how the cultivation center will | ||||||
| 11 | address each of the following: | ||||||
| 12 | (i) energy needs, including estimates of monthly | ||||||
| 13 | electricity and gas usage, to what extent it will | ||||||
| 14 | procure energy from a local utility or from on-site | ||||||
| 15 | generation, and if it has or will adopt a sustainable | ||||||
| 16 | energy use and energy conservation policy; | ||||||
| 17 | (ii) water needs, including estimated water draw | ||||||
| 18 | and if it has or will adopt a sustainable water use and | ||||||
| 19 | water conservation policy; and | ||||||
| 20 | (iii) waste management, including if it has or | ||||||
| 21 | will adopt a waste reduction policy; | ||||||
| 22 | (19) a diversity plan that includes a narrative of not | ||||||
| 23 | more than 2,500 words that establishes a goal of diversity | ||||||
| 24 | in ownership, management, employment, and contracting to | ||||||
| 25 | ensure that diverse participants and groups are afforded | ||||||
| 26 | equality of opportunity; | ||||||
| |||||||
| |||||||
| 1 | (20) any other information required by rule; | ||||||
| 2 | (21) a recycling plan: | ||||||
| 3 | (A) Purchaser packaging, including cartridges, | ||||||
| 4 | shall be accepted by the applicant and recycled. | ||||||
| 5 | (B) Any recyclable waste generated by the cannabis | ||||||
| 6 | cultivation facility shall be recycled per applicable | ||||||
| 7 | State and local laws, ordinances, and rules. | ||||||
| 8 | (C) Any cannabis waste, liquid waste, or hazardous | ||||||
| 9 | waste shall be disposed of in accordance with 8 Ill. | ||||||
| 10 | Adm. Code 1000.460, except, to the greatest extent | ||||||
| 11 | feasible, all cannabis plant waste will be rendered | ||||||
| 12 | unusable by grinding and incorporating the cannabis | ||||||
| 13 | plant waste with compostable mixed waste to be | ||||||
| 14 | disposed of in accordance with 8 Ill. Adm. Code | ||||||
| 15 | 1000.460(g)(1); | ||||||
| 16 | (22) commitment to comply with local waste provisions: | ||||||
| 17 | a cultivation facility must remain in compliance with | ||||||
| 18 | applicable State and federal environmental requirements, | ||||||
| 19 | including, but not limited to: | ||||||
| 20 | (A) storing, securing, and managing all | ||||||
| 21 | recyclables and waste, including organic waste | ||||||
| 22 | composed of or containing finished cannabis and | ||||||
| 23 | cannabis products, in accordance with applicable State | ||||||
| 24 | and local laws, ordinances, and rules; and | ||||||
| 25 | (B) disposing liquid waste containing cannabis or | ||||||
| 26 | byproducts of cannabis processing in compliance with | ||||||
| |||||||
| |||||||
| 1 | all applicable State and federal requirements, | ||||||
| 2 | including, but not limited to, the cannabis | ||||||
| 3 | cultivation facility's permits under Title X of the | ||||||
| 4 | Environmental Protection Act; and | ||||||
| 5 | (23) a commitment to a technology standard for | ||||||
| 6 | resource efficiency of the cultivation center facility. | ||||||
| 7 | (A) A cannabis cultivation facility commits to use | ||||||
| 8 | resources efficiently, including energy and water. For | ||||||
| 9 | the following, a cannabis cultivation facility commits | ||||||
| 10 | to meet or exceed the technology standard identified | ||||||
| 11 | in items (i), (ii), (iii), and (iv), which may be | ||||||
| 12 | modified by rule: | ||||||
| 13 | (i) lighting systems, including light bulbs; | ||||||
| 14 | (ii) HVAC system; | ||||||
| 15 | (iii) water application system to the crop; | ||||||
| 16 | and | ||||||
| 17 | (iv) filtration system for removing | ||||||
| 18 | contaminants from wastewater. | ||||||
| 19 | (B) Lighting. The Lighting Power Densities (LPD) | ||||||
| 20 | for cultivation space commits to not exceed an average | ||||||
| 21 | of 36 watts per gross square foot of active and growing | ||||||
| 22 | space canopy, or all installed lighting technology | ||||||
| 23 | shall meet a photosynthetic photon efficacy (PPE) of | ||||||
| 24 | no less than 2.2 micromoles per joule fixture and | ||||||
| 25 | shall be featured on the DesignLights Consortium (DLC) | ||||||
| 26 | Horticultural Specification Qualified Products List | ||||||
| |||||||
| |||||||
| 1 | (QPL). In the event that DLC requirement for minimum | ||||||
| 2 | efficacy exceeds 2.2 micromoles per joule fixture, | ||||||
| 3 | that PPE shall become the new standard. | ||||||
| 4 | (C) HVAC. | ||||||
| 5 | (i) For cannabis grow operations with less | ||||||
| 6 | than 6,000 square feet of canopy, the licensee | ||||||
| 7 | commits that all HVAC units will be | ||||||
| 8 | high-efficiency ductless split HVAC units, or | ||||||
| 9 | other more energy efficient equipment. | ||||||
| 10 | (ii) For cannabis grow operations with 6,000 | ||||||
| 11 | square feet of canopy or more, the licensee | ||||||
| 12 | commits that all HVAC units will be variable | ||||||
| 13 | refrigerant flow HVAC units, or other more energy | ||||||
| 14 | efficient equipment. | ||||||
| 15 | (D) Water application. | ||||||
| 16 | (i) The cannabis cultivation facility commits | ||||||
| 17 | to use automated watering systems, including, but | ||||||
| 18 | not limited to, drip irrigation and flood tables, | ||||||
| 19 | to irrigate cannabis crop. | ||||||
| 20 | (ii) The cannabis cultivation facility commits | ||||||
| 21 | to measure runoff from watering events and report | ||||||
| 22 | this volume in its water usage plan, and that on | ||||||
| 23 | average, watering events shall have no more than | ||||||
| 24 | 20% of runoff of water. | ||||||
| 25 | (E) Filtration. The cultivator commits that HVAC | ||||||
| 26 | condensate, dehumidification water, excess runoff, and | ||||||
| |||||||
| |||||||
| 1 | other wastewater produced by the cannabis cultivation | ||||||
| 2 | facility shall be captured and filtered to the best of | ||||||
| 3 | the facility's ability to achieve the quality needed | ||||||
| 4 | to be reused in subsequent watering rounds. | ||||||
| 5 | (F) Reporting energy use and efficiency as | ||||||
| 6 | required by rule. | ||||||
| 7 | (b) Applicants must submit all required information, | ||||||
| 8 | including the information required in Section 20-10, to the | ||||||
| 9 | Department of Agriculture. Failure by an applicant to submit | ||||||
| 10 | all required information may result in the application being | ||||||
| 11 | disqualified. | ||||||
| 12 | (c) If the Department of Agriculture receives an | ||||||
| 13 | application with missing information, the Department of | ||||||
| 14 | Agriculture may issue a deficiency notice to the applicant. | ||||||
| 15 | The applicant shall have 10 calendar days from the date of the | ||||||
| 16 | deficiency notice to resubmit the incomplete information. | ||||||
| 17 | Applications that are still incomplete after this opportunity | ||||||
| 18 | to cure will not be scored and will be disqualified. | ||||||
| 19 | (d) (Blank). | ||||||
| 20 | (e) A cultivation center that is awarded a Conditional | ||||||
| 21 | Adult Use Cultivation Center License pursuant to the criteria | ||||||
| 22 | in Section 20-20 shall not grow, purchase, possess, or sell | ||||||
| 23 | cannabis or cannabis-infused products until the person has | ||||||
| 24 | received an Adult Use Cultivation Center License issued by the | ||||||
| 25 | Department of Agriculture pursuant to Section 20-21 of this | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||||||
| 2 | 102-538, eff. 8-20-21; revised 7-23-24.)
| ||||||
| 3 | Section 955. The Environmental Protection Act is amended | ||||||
| 4 | by changing Sections 9.2, 12, 12.7, 39.5, 57.4, 57.5, 57.8, | ||||||
| 5 | 57.9, 59.1, 59.9, and 59.10 and by setting forth, renumbering, | ||||||
| 6 | and changing multiple versions of Section 22.23e as follows:
| ||||||
| 7 | (415 ILCS 5/9.2) (from Ch. 111 1/2, par. 1009.2) | ||||||
| 8 | Sec. 9.2. Sulfur dioxide emission standards. | ||||||
| 9 | (a) (Blank.) | ||||||
| 10 | (b) In granting any alternative emission standard or | ||||||
| 11 | variance relating to sulfur dioxide emissions from a | ||||||
| 12 | coal-burning stationary source, the Board may require the use | ||||||
| 13 | of Illinois coal as a condition of such alternative standard | ||||||
| 14 | or variance, provided that the Board determines that Illinois | ||||||
| 15 | coal of the proper quality is available and competitive in | ||||||
| 16 | price; such determination shall include consideration of the | ||||||
| 17 | cost of pollution control equipment and the economic impact on | ||||||
| 18 | the Illinois coal mining industry. | ||||||
| 19 | (Source: P.A. 92-574, eff. 9-26-02; revised 7-24-24.)
| ||||||
| 20 | (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012) | ||||||
| 21 | Sec. 12. Actions prohibited. No person shall: | ||||||
| 22 | (a) Cause or threaten or allow the discharge of any | ||||||
| 23 | contaminants into the environment in any State so as to | ||||||
| |||||||
| |||||||
| 1 | cause or tend to cause water pollution in Illinois, either | ||||||
| 2 | alone or in combination with matter from other sources, or | ||||||
| 3 | so as to violate regulations or standards adopted by the | ||||||
| 4 | Pollution Control Board under this Act. Notwithstanding | ||||||
| 5 | any provision of law to the contrary, compliance with the | ||||||
| 6 | terms and conditions of a permit issued under Section | ||||||
| 7 | 39(b) of this the Act for a permit that authorizes reuse of | ||||||
| 8 | wastewater for irrigation shall be deemed compliance with | ||||||
| 9 | this subsection. | ||||||
| 10 | (b) Construct, install, or operate any equipment, | ||||||
| 11 | facility, vessel, or aircraft capable of causing or | ||||||
| 12 | contributing to water pollution, or designed to prevent | ||||||
| 13 | water pollution, of any type designated by Board | ||||||
| 14 | regulations, without a permit granted by the Agency, or in | ||||||
| 15 | violation of any conditions imposed by such permit. | ||||||
| 16 | (c) Increase the quantity or strength of any discharge | ||||||
| 17 | of contaminants into the waters, or construct or install | ||||||
| 18 | any sewer or sewage treatment facility or any new outlet | ||||||
| 19 | for contaminants into the waters of this State, without a | ||||||
| 20 | permit granted by the Agency. | ||||||
| 21 | (d) Deposit any contaminants upon the land in such | ||||||
| 22 | place and manner so as to create a water pollution hazard. | ||||||
| 23 | (e) Sell, offer, or use any article in any area in | ||||||
| 24 | which the Board has by regulation forbidden its sale, | ||||||
| 25 | offer, or use for reasons of water pollution control. | ||||||
| 26 | (f) Cause, threaten, or allow the discharge of any | ||||||
| |||||||
| |||||||
| 1 | contaminant into the waters of the State, as defined | ||||||
| 2 | herein, including, but not limited to, waters to any | ||||||
| 3 | sewage works, or into any well or from any point source | ||||||
| 4 | within the State, without an NPDES permit for point source | ||||||
| 5 | discharges issued by the Agency under Section 39(b) of | ||||||
| 6 | this Act, or in violation of any term or condition imposed | ||||||
| 7 | by such permit, or in violation of any NPDES permit filing | ||||||
| 8 | requirement established under Section 39(b), or in | ||||||
| 9 | violation of any regulations adopted by the Board or of | ||||||
| 10 | any order adopted by the Board with respect to the NPDES | ||||||
| 11 | program. | ||||||
| 12 | No permit shall be required under this subsection and | ||||||
| 13 | under Section 39(b) of this Act for any discharge for | ||||||
| 14 | which a permit is not required under the Federal Water | ||||||
| 15 | Pollution Control Act, as now or hereafter amended, and | ||||||
| 16 | regulations pursuant thereto. | ||||||
| 17 | For all purposes of this Act, a permit issued by the | ||||||
| 18 | Administrator of the United States Environmental | ||||||
| 19 | Protection Agency under Section 402 of the Federal Water | ||||||
| 20 | Pollution Control Act, as now or hereafter amended, shall | ||||||
| 21 | be deemed to be a permit issued by the Agency pursuant to | ||||||
| 22 | Section 39(b) of this Act. However, this shall not apply | ||||||
| 23 | to the exclusion from the requirement of an operating | ||||||
| 24 | permit provided under Section 13(b)(i). | ||||||
| 25 | Compliance with the terms and conditions of any permit | ||||||
| 26 | issued under Section 39(b) of this Act shall be deemed | ||||||
| |||||||
| |||||||
| 1 | compliance with this subsection except that it shall not | ||||||
| 2 | be deemed compliance with any standard or effluent | ||||||
| 3 | limitation imposed for a toxic pollutant injurious to | ||||||
| 4 | human health. | ||||||
| 5 | In any case where a permit has been timely applied for | ||||||
| 6 | pursuant to Section 39(b) of this Act but final | ||||||
| 7 | administrative disposition of such application has not | ||||||
| 8 | been made, it shall not be a violation of this subsection | ||||||
| 9 | to discharge without such permit unless the complainant | ||||||
| 10 | proves that final administrative disposition has not been | ||||||
| 11 | made because of the failure of the applicant to furnish | ||||||
| 12 | information reasonably required or requested in order to | ||||||
| 13 | process the application. | ||||||
| 14 | (g) Cause, threaten, or allow the underground | ||||||
| 15 | injection of contaminants without a UIC permit issued by | ||||||
| 16 | the Agency under Section 39(d) of this Act, or in | ||||||
| 17 | violation of any term or condition imposed by such permit, | ||||||
| 18 | or in violation of any regulations or standards adopted by | ||||||
| 19 | the Board or of any order adopted by the Board with respect | ||||||
| 20 | to the UIC program. | ||||||
| 21 | No permit shall be required under this subsection and | ||||||
| 22 | under Section 39(d) of this Act for any underground | ||||||
| 23 | injection of contaminants for which a permit is not | ||||||
| 24 | required under Part C of the Safe Drinking Water Act (P.L. | ||||||
| 25 | 93-523), as amended, unless a permit is authorized or | ||||||
| 26 | required under regulations adopted by the Board pursuant | ||||||
| |||||||
| |||||||
| 1 | to Section 13 of this Act. | ||||||
| 2 | (h) Introduce contaminants into a sewage works from | ||||||
| 3 | any nondomestic source except in compliance with the | ||||||
| 4 | regulations and standards adopted by the Board under this | ||||||
| 5 | Act. | ||||||
| 6 | (i) Beginning January 1, 2013 or 6 months after the | ||||||
| 7 | date of issuance of a general NPDES permit for surface | ||||||
| 8 | discharging private sewage disposal systems by the | ||||||
| 9 | Illinois Environmental Protection Agency or by the United | ||||||
| 10 | States Environmental Protection Agency, whichever is | ||||||
| 11 | later, construct or install a surface discharging private | ||||||
| 12 | sewage disposal system that discharges into the waters of | ||||||
| 13 | the United States, as that term is used in the Federal | ||||||
| 14 | Water Pollution Control Act, unless he or she has a | ||||||
| 15 | coverage letter under a NPDES permit issued by the | ||||||
| 16 | Illinois Environmental Protection Agency or by the United | ||||||
| 17 | States Environmental Protection Agency or he or she is | ||||||
| 18 | constructing or installing the surface discharging private | ||||||
| 19 | sewage disposal system in a jurisdiction in which the | ||||||
| 20 | local public health department has a general NPDES permit | ||||||
| 21 | issued by the Illinois Environmental Protection Agency or | ||||||
| 22 | by the United States Environmental Protection Agency and | ||||||
| 23 | the surface discharging private sewage disposal system is | ||||||
| 24 | covered under the general NPDES permit. | ||||||
| 25 | (Source: P.A. 103-801, eff. 1-1-25; revised 11-25-24.)
| ||||||
| |||||||
| |||||||
| 1 | (415 ILCS 5/12.7) | ||||||
| 2 | Sec. 12.7. Wastewater reuse. Notwithstanding any other | ||||||
| 3 | provision of law, the use of treated municipal wastewater from | ||||||
| 4 | a publicly owned treatment works is authorized for irrigation | ||||||
| 5 | when conducted in accordance with a permit issued under | ||||||
| 6 | Section 39(b) of this the Act. | ||||||
| 7 | (Source: P.A. 103-801, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 8 | (415 ILCS 5/22.23e) | ||||||
| 9 | Sec. 22.23e. Paint and paint-related wastes. | ||||||
| 10 | (a) As used in this Section: | ||||||
| 11 | "Paint" means a pigmented or unpigmented powder coating, | ||||||
| 12 | or a pigmented or unpigmented mixture of binder and suitable | ||||||
| 13 | liquid, that forms an adherent coating when applied to a | ||||||
| 14 | surface. Powder coating is a surface coating that is applied | ||||||
| 15 | as a dry powder and is fused into a continuous coating film | ||||||
| 16 | through the use of heat. "Paint" includes architectural paint | ||||||
| 17 | as defined in the Paint Stewardship Act. | ||||||
| 18 | "Paint-related waste" is (i) material contaminated with | ||||||
| 19 | paint that results from the packaging of paint, wholesale and | ||||||
| 20 | retail operations, paint manufacturing, and paint application | ||||||
| 21 | or removal activities or (ii) material derived from the | ||||||
| 22 | reclamation of paint-related wastes that is recycled in a | ||||||
| 23 | manner other than burning for energy recovery or used in a | ||||||
| 24 | manner constituting disposal. | ||||||
| 25 | (b)(1) Paint and paint-related waste that are hazardous | ||||||
| |||||||
| |||||||
| 1 | waste are hereby designated as a category of universal waste | ||||||
| 2 | subject to the streamlined hazardous waste rules set forth in | ||||||
| 3 | 35 Ill. Adm. Code 733. Within 60 days after January 1, 2025 | ||||||
| 4 | (the effective date of Public Act 103-887) this amendatory Act | ||||||
| 5 | of the 103rd General Assembly, the Agency shall propose, and | ||||||
| 6 | within 180 days after receipt of the Agency's proposal the | ||||||
| 7 | Board shall adopt, rules that reflect this designation and | ||||||
| 8 | that prescribe procedures and standards for the management of | ||||||
| 9 | hazardous waste paint and paint-related waste as a universal | ||||||
| 10 | waste consistent with the provisions set forth within this | ||||||
| 11 | Section. | ||||||
| 12 | (2) If the United States Environmental Protection Agency | ||||||
| 13 | adopts streamlined hazardous waste regulations pertaining to | ||||||
| 14 | the management of hazardous waste paint or paint-related | ||||||
| 15 | waste, or otherwise exempts such paint or paint-related waste | ||||||
| 16 | from regulation as hazardous waste, the Board shall adopt an | ||||||
| 17 | equivalent rule in accordance with Section 7.2 of this Act | ||||||
| 18 | within 180 days of adoption of the federal regulation. The | ||||||
| 19 | equivalent Board rule may serve as an alternative to the rules | ||||||
| 20 | adopted under paragraph (1) of this subsection (b). | ||||||
| 21 | (c) Until the Board adopts rules pursuant to paragraph (1) | ||||||
| 22 | of subsection (b) that prescribe procedures and standards for | ||||||
| 23 | the management of hazardous waste paint and paint-related | ||||||
| 24 | waste by small quantity handlers of universal waste, the | ||||||
| 25 | following requirements shall apply to small quantity handlers | ||||||
| 26 | of universal waste managing hazardous waste paint and | ||||||
| |||||||
| |||||||
| 1 | paint-related waste as a universal waste: | ||||||
| 2 | (1) Waste Management. A small quantity handler of | ||||||
| 3 | universal waste shall manage universal waste paint and | ||||||
| 4 | paint-related waste in a way that prevents releases of any | ||||||
| 5 | universal waste or any component of universal waste to the | ||||||
| 6 | environment, including, but not limited to, in accordance | ||||||
| 7 | with the following requirements: | ||||||
| 8 | (A) The small quantity handler of universal waste | ||||||
| 9 | shall collect and store universal waste paint and | ||||||
| 10 | paint-related waste in containers that are | ||||||
| 11 | structurally sound, leakproof, and compatible with the | ||||||
| 12 | universal waste paint and paint-related waste. | ||||||
| 13 | (B) The small quantity handler of universal waste | ||||||
| 14 | shall ensure that containers in which the universal | ||||||
| 15 | waste paint and paint-related waste are contained do | ||||||
| 16 | not leak and remain closed, except when wastes are | ||||||
| 17 | being added to or removed from the container. | ||||||
| 18 | (C) The small quantity handler of universal waste, | ||||||
| 19 | upon detection of a release of universal waste paint | ||||||
| 20 | and paint-related waste, shall do the following: | ||||||
| 21 | (i) Stop the release. | ||||||
| 22 | (ii) Contain the released universal waste | ||||||
| 23 | paint and paint-related waste. | ||||||
| 24 | (iii) Clean up and properly manage the | ||||||
| 25 | released universal waste paint and paint-related | ||||||
| 26 | waste and other materials generated from the | ||||||
| |||||||
| |||||||
| 1 | cleanup. | ||||||
| 2 | (iv) Remove any leaking container from service | ||||||
| 3 | by transferring the contents to another container. | ||||||
| 4 | (v) Repair any leaking container before | ||||||
| 5 | returning it to service. | ||||||
| 6 | (D) A small quantity handler of universal waste | ||||||
| 7 | shall manage universal waste paint and paint-related | ||||||
| 8 | waste that is ignitable or reactive in accordance with | ||||||
| 9 | local fire codes. | ||||||
| 10 | (E) A small quantity handler of universal waste | ||||||
| 11 | shall manage universal waste paint and paint-related | ||||||
| 12 | waste that are incompatible in separate containers. | ||||||
| 13 | (F) A small quantity handler of universal waste | ||||||
| 14 | shall design, maintain, and operate areas of its | ||||||
| 15 | facility where universal waste paints and | ||||||
| 16 | paint-related wastes are collected and stored to | ||||||
| 17 | minimize the possibility of a fire, explosion, or | ||||||
| 18 | unplanned sudden or non-sudden release of universal | ||||||
| 19 | waste or hazardous constituents to air, soil, or | ||||||
| 20 | surface water which could threaten human health or the | ||||||
| 21 | environment. | ||||||
| 22 | (2) Labeling or marking. Each container in which | ||||||
| 23 | universal waste paint and paint-related waste is | ||||||
| 24 | accumulated shall be labeled to identify the contents of | ||||||
| 25 | the container. | ||||||
| 26 | (3) Accumulation time limits. | ||||||
| |||||||
| |||||||
| 1 | (A) A small quantity handler of universal waste | ||||||
| 2 | may accumulate universal waste paint and paint-related | ||||||
| 3 | waste for no longer than one year from the date the | ||||||
| 4 | universal waste is generated. However, handlers may | ||||||
| 5 | accumulate universal waste for longer than one year if | ||||||
| 6 | the activity is solely for the purpose of accumulating | ||||||
| 7 | quantities to facilitate proper recovery, treatment, | ||||||
| 8 | or disposal. The handler bears the burden of proving | ||||||
| 9 | that this activity is solely for the purpose of | ||||||
| 10 | accumulation of the quantities of universal waste | ||||||
| 11 | necessary to facilitate proper recovery, treatment, or | ||||||
| 12 | disposal. | ||||||
| 13 | (B) A small quantity handler of universal waste | ||||||
| 14 | who accumulates universal waste must be able to | ||||||
| 15 | demonstrate the length of time that the universal | ||||||
| 16 | waste has been accumulated. The handler may make this | ||||||
| 17 | demonstration by any of the following methods: | ||||||
| 18 | (i) placing the universal waste paint and | ||||||
| 19 | paint-related waste in a container and marking or | ||||||
| 20 | labeling the container with the earliest date that | ||||||
| 21 | universal waste paint or paint-related waste in | ||||||
| 22 | the container became a waste or was received; | ||||||
| 23 | (ii) marking or labeling each individual item | ||||||
| 24 | of universal waste paint and paint-related waste | ||||||
| 25 | with the date the universal waste paint and | ||||||
| 26 | paint-related waste became a waste or was | ||||||
| |||||||
| |||||||
| 1 | received; | ||||||
| 2 | (iii) maintaining an inventory system on-site | ||||||
| 3 | that identifies the date each unit of universal | ||||||
| 4 | waste paint and paint-related waste became a waste | ||||||
| 5 | or was received; | ||||||
| 6 | (iv) placing universal waste paint and | ||||||
| 7 | paint-related waste in a specific accumulation | ||||||
| 8 | area and identifying the earliest date that any of | ||||||
| 9 | the universal waste paint and paint-related waste | ||||||
| 10 | in the area became a waste or was received; or | ||||||
| 11 | (v) any other method that clearly demonstrates | ||||||
| 12 | the length of time the universal waste paint and | ||||||
| 13 | paint-related waste have been accumulated from the | ||||||
| 14 | date they become a waste or are received. | ||||||
| 15 | (4) Employee training. A small quantity handler of | ||||||
| 16 | universal waste shall inform all employees who handle or | ||||||
| 17 | have responsibility for managing universal waste paint and | ||||||
| 18 | paint-related waste. The information shall describe proper | ||||||
| 19 | handling and emergency procedures appropriate to the | ||||||
| 20 | universal waste paint and paint-related waste. | ||||||
| 21 | (5) Response to releases. | ||||||
| 22 | (A) A small quantity handler of universal waste | ||||||
| 23 | must immediately contain all releases of universal | ||||||
| 24 | waste paint and paint-related waste and other residues | ||||||
| 25 | from universal waste paint and paint-related waste. | ||||||
| 26 | (B) A small quantity handler of universal waste | ||||||
| |||||||
| |||||||
| 1 | must determine whether any material resulting from the | ||||||
| 2 | release is hazardous waste and, if so, must manage the | ||||||
| 3 | hazardous waste in compliance with all applicable | ||||||
| 4 | hazardous waste requirements of this Act and rules | ||||||
| 5 | adopted under this Act. The handler is considered the | ||||||
| 6 | generator of the material resulting from the release | ||||||
| 7 | and must manage the material in compliance with this | ||||||
| 8 | Act and rules adopted under this Act. | ||||||
| 9 | (6) Off-site shipments. | ||||||
| 10 | (A) A small quantity handler of universal waste is | ||||||
| 11 | prohibited from sending or taking universal waste | ||||||
| 12 | paint and paint-related waste to a place other than | ||||||
| 13 | another universal waste handler, a destination | ||||||
| 14 | facility, or a foreign destination. | ||||||
| 15 | (B) If a small quantity handler of universal waste | ||||||
| 16 | self-transports universal waste paint and | ||||||
| 17 | paint-related waste off-site offsite, the handler | ||||||
| 18 | becomes a universal waste transporter for those | ||||||
| 19 | self-transportation activities and shall comply with | ||||||
| 20 | the Board's existing rules for universal waste | ||||||
| 21 | transporters. | ||||||
| 22 | (C) If universal waste paint and paint-related | ||||||
| 23 | waste being offered for off-site transportation meets | ||||||
| 24 | the definition of hazardous materials under 49 CFR | ||||||
| 25 | Parts 171 to 180, a small quantity handler of | ||||||
| 26 | universal waste shall package, label, mark and placard | ||||||
| |||||||
| |||||||
| 1 | the shipment, and prepare the proper shipping papers | ||||||
| 2 | in accordance with the applicable United States | ||||||
| 3 | Department of Transportation regulations under 49 CFR | ||||||
| 4 | Parts 172 to 180. | ||||||
| 5 | (D) Prior to sending a shipment of universal waste | ||||||
| 6 | paint and paint-related waste to another universal | ||||||
| 7 | waste handler, the originating handler shall ensure | ||||||
| 8 | that the receiving handler agrees to receive the | ||||||
| 9 | shipment. | ||||||
| 10 | (E) If a small quantity handler of universal waste | ||||||
| 11 | sends a shipment of universal waste paint and | ||||||
| 12 | paint-related waste to another handler or to a | ||||||
| 13 | destination facility and if the shipment is rejected | ||||||
| 14 | by the receiving handler or destination facility, the | ||||||
| 15 | originating handler shall either: | ||||||
| 16 | (i) receive the universal waste paint and | ||||||
| 17 | paint-related waste back when notified that the | ||||||
| 18 | shipment has been rejected; or | ||||||
| 19 | (ii) agree with the receiving handler on a | ||||||
| 20 | destination facility to which the shipment will be | ||||||
| 21 | sent. | ||||||
| 22 | (F) A small quantity handler of universal waste | ||||||
| 23 | may reject a shipment containing universal waste paint | ||||||
| 24 | and paint-related waste, or a portion of a shipment | ||||||
| 25 | containing universal waste paint and paint-related | ||||||
| 26 | waste, received from another handler. If a handler | ||||||
| |||||||
| |||||||
| 1 | rejects a shipment or a portion of a shipment, the | ||||||
| 2 | rejecting handler shall contact the originating | ||||||
| 3 | handler to notify the originating handler of the | ||||||
| 4 | rejection and to discuss reshipment of the load. The | ||||||
| 5 | receiving handler shall: | ||||||
| 6 | (i) send the shipment back to the originating | ||||||
| 7 | handler; or | ||||||
| 8 | (ii) if agreed to by both the originating and | ||||||
| 9 | receiving handler, send the shipment to a | ||||||
| 10 | destination facility. | ||||||
| 11 | (G) If a small quantity handler of universal waste | ||||||
| 12 | receives a shipment of nonhazardous, non-universal | ||||||
| 13 | waste, the handler may manage the waste in any way that | ||||||
| 14 | is in compliance with applicable law. | ||||||
| 15 | (d) Until the Board adopts rules pursuant to subsection | ||||||
| 16 | (b), the following additional requirements shall apply: | ||||||
| 17 | (1) Paints and paint-related wastes that are exempt | ||||||
| 18 | household wastes or very small quantity generator wastes | ||||||
| 19 | under existing Board rules remain exempt from the | ||||||
| 20 | hazardous waste rules but may be managed as universal | ||||||
| 21 | wastes under 35 Ill. Adm. Code 733.108. | ||||||
| 22 | (2) Universal waste transporters that transport paints | ||||||
| 23 | or paint-related wastes that are universal wastes are | ||||||
| 24 | subject to the existing Board rules for universal waste | ||||||
| 25 | transporters. | ||||||
| 26 | (3) Universal waste destination facilities that manage | ||||||
| |||||||
| |||||||
| 1 | paints or paint-related wastes that are universal wastes | ||||||
| 2 | are subject to the existing Board rules for universal | ||||||
| 3 | waste destination facilities. | ||||||
| 4 | (Source: P.A. 103-887, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 5 | (415 ILCS 5/22.23f) | ||||||
| 6 | Sec. 22.23f 22.23e. End-of-life electric vehicle and | ||||||
| 7 | battery electric storage system batteries. | ||||||
| 8 | (a) In this Section: | ||||||
| 9 | "Battery energy storage solution facility" or "BESS" means | ||||||
| 10 | a facility that stores and distributes energy in the form of | ||||||
| 11 | electricity and that stores electricity using battery devices | ||||||
| 12 | and other means. "Battery energy storage solution" or "BESS" | ||||||
| 13 | includes any permanent structures associated with the battery | ||||||
| 14 | energy storage facility and all associated transmission lines, | ||||||
| 15 | substations, and other equipment related to the storage and | ||||||
| 16 | transmission of electric power. | ||||||
| 17 | "Battery storage site" means a site where used batteries | ||||||
| 18 | are stored. | ||||||
| 19 | "Electric vehicle" or "EV" has the same meaning as defined | ||||||
| 20 | in Section 11-1308 of the Illinois Vehicle Code. | ||||||
| 21 | "Electric vehicle battery" or "EV battery" means a | ||||||
| 22 | rechargeable battery that is used to power the electric motors | ||||||
| 23 | that propel an electric vehicle. "Electric vehicle battery" | ||||||
| 24 | includes, but is not limited to, lithium-ion batteries and | ||||||
| 25 | nickel-metal hydride batteries. | ||||||
| |||||||
| |||||||
| 1 | "Used battery" means an EV battery that is sold, given, or | ||||||
| 2 | otherwise conveyed to a battery storage site. | ||||||
| 3 | "Storage" means any accumulation of used batteries that | ||||||
| 4 | does not constitute disposal. | ||||||
| 5 | (b) No person shall cause or allow the operation of a | ||||||
| 6 | battery storage site at which 5,000 kilograms or more of used | ||||||
| 7 | batteries are stored at any one time unless: | ||||||
| 8 | (1) the battery storage site is registered with the | ||||||
| 9 | Agency in accordance with this Section; | ||||||
| 10 | (2) the owner or operator of the battery storage site | ||||||
| 11 | maintains records documenting the following: | ||||||
| 12 | (A) the weight or volume of whole or partial used | ||||||
| 13 | batteries received at the battery storage site each | ||||||
| 14 | week; | ||||||
| 15 | (B) the weight or volume of whole or partial used | ||||||
| 16 | batteries leaving the battery storage site each week; | ||||||
| 17 | and | ||||||
| 18 | (C) the weight or volume of whole or partial used | ||||||
| 19 | batteries remaining at the battery storage site at the | ||||||
| 20 | end of each week; and | ||||||
| 21 | (3) the owner or operator of the battery storage site | ||||||
| 22 | is an automotive parts recycler as defined in Section | ||||||
| 23 | 1-105.3 of the Illinois Vehicle Code and licensed under | ||||||
| 24 | Section 5-301 of the Illinois Vehicle Code. | ||||||
| 25 | The records required under this Section shall be made | ||||||
| 26 | available for inspection and copying by the Agency during the | ||||||
| |||||||
| |||||||
| 1 | normal business hours. | ||||||
| 2 | (c) The owner or operator of each battery storage site in | ||||||
| 3 | operation prior to February 1, 2026, at which 5,000 kilograms | ||||||
| 4 | or more of used batteries are stored at any one time, must | ||||||
| 5 | register with the Agency prior to February 1, 2026 and each | ||||||
| 6 | February 1 thereafter. Any owners or operators of a battery | ||||||
| 7 | storage site that comes into operation after February 1, 2026 | ||||||
| 8 | shall register with the Agency prior to commencing operation. | ||||||
| 9 | Registration must be on forms and in a format prescribed by the | ||||||
| 10 | Agency. Agency registration forms shall include, at a minimum, | ||||||
| 11 | information regarding the following: | ||||||
| 12 | (1) the name and address of the owner and operator of | ||||||
| 13 | the battery storage site; | ||||||
| 14 | (2) A description of the operations conducted at the | ||||||
| 15 | battery storage site; | ||||||
| 16 | (3) the weight or volume of whole or partial used | ||||||
| 17 | batteries received at the battery storage site over the | ||||||
| 18 | past calendar year; and | ||||||
| 19 | (4) the weight or volume of whole or partial used | ||||||
| 20 | batteries at the battery storage site at the end of the | ||||||
| 21 | calendar year. | ||||||
| 22 | (d) No later than January 1, 2026 (one 1 year after the | ||||||
| 23 | effective date of Public Act 103-1006) this amendatory Act, | ||||||
| 24 | the Agency shall propose to the Board, and no later than one | ||||||
| 25 | year after receipt of the Agency's proposal, the Board shall | ||||||
| 26 | adopt, rules for the operation of battery storage sites. Such | ||||||
| |||||||
| |||||||
| 1 | rules shall include, but not be limited to: requirements for | ||||||
| 2 | end-of-life battery receipt, handling, storage, and transfer; | ||||||
| 3 | standards for fire prevention; requirements for contingency | ||||||
| 4 | planning and emergency response; recordkeeping; reporting; and | ||||||
| 5 | financial assurance. | ||||||
| 6 | (Source: P.A. 103-1006, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 7 | (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5) | ||||||
| 8 | Sec. 39.5. Clean Air Act Permit Program. | ||||||
| 9 | 1. Definitions. For purposes of this Section: | ||||||
| 10 | "Administrative permit amendment" means a permit revision | ||||||
| 11 | subject to subsection 13 of this Section. | ||||||
| 12 | "Affected source for acid deposition" means a source that | ||||||
| 13 | includes one or more affected units under Title IV of the Clean | ||||||
| 14 | Air Act. | ||||||
| 15 | "Affected States" for purposes of formal distribution of a | ||||||
| 16 | draft CAAPP permit to other States for comments prior to | ||||||
| 17 | issuance, means all States: | ||||||
| 18 | (1) Whose air quality may be affected by the source | ||||||
| 19 | covered by the draft permit and that are contiguous to | ||||||
| 20 | Illinois; or | ||||||
| 21 | (2) That are within 50 miles of the source. | ||||||
| 22 | "Affected unit for acid deposition" shall have the meaning | ||||||
| 23 | given to the term "affected unit" in the regulations | ||||||
| 24 | promulgated under Title IV of the Clean Air Act. | ||||||
| 25 | "Applicable Clean Air Act requirement" means all of the | ||||||
| |||||||
| |||||||
| 1 | following as they apply to emissions units in a source | ||||||
| 2 | (including regulations that have been promulgated or approved | ||||||
| 3 | by USEPA pursuant to the Clean Air Act which directly impose | ||||||
| 4 | requirements upon a source and other such federal requirements | ||||||
| 5 | which have been adopted by the Board. These may include | ||||||
| 6 | requirements and regulations which have future effective | ||||||
| 7 | compliance dates. Requirements and regulations will be exempt | ||||||
| 8 | if USEPA determines that such requirements need not be | ||||||
| 9 | contained in a Title V permit): | ||||||
| 10 | (1) Any standard or other requirement provided for in | ||||||
| 11 | the applicable state implementation plan approved or | ||||||
| 12 | promulgated by USEPA under Title I of the Clean Air Act | ||||||
| 13 | that implements the relevant requirements of the Clean Air | ||||||
| 14 | Act, including any revisions to the state Implementation | ||||||
| 15 | Plan promulgated in 40 CFR Part 52, Subparts A and O and | ||||||
| 16 | other subparts applicable to Illinois. For purposes of | ||||||
| 17 | this paragraph (1) of this definition, "any standard or | ||||||
| 18 | other requirement" means only such standards or | ||||||
| 19 | requirements directly enforceable against an individual | ||||||
| 20 | source under the Clean Air Act. | ||||||
| 21 | (2)(i) Any term or condition of any preconstruction | ||||||
| 22 | permits issued pursuant to regulations approved or | ||||||
| 23 | promulgated by USEPA under Title I of the Clean Air | ||||||
| 24 | Act, including Part C or D of the Clean Air Act. | ||||||
| 25 | (ii) Any term or condition as required pursuant to | ||||||
| 26 | this Section 39.5 of any federally enforceable State | ||||||
| |||||||
| |||||||
| 1 | operating permit issued pursuant to regulations | ||||||
| 2 | approved or promulgated by USEPA under Title I of the | ||||||
| 3 | Clean Air Act, including Part C or D of the Clean Air | ||||||
| 4 | Act. | ||||||
| 5 | (3) Any standard or other requirement under Section | ||||||
| 6 | 111 of the Clean Air Act, including Section 111(d). | ||||||
| 7 | (4) Any standard or other requirement under Section | ||||||
| 8 | 112 of the Clean Air Act, including any requirement | ||||||
| 9 | concerning accident prevention under Section 112(r)(7) of | ||||||
| 10 | the Clean Air Act. | ||||||
| 11 | (5) Any standard or other requirement of the acid rain | ||||||
| 12 | program under Title IV of the Clean Air Act or the | ||||||
| 13 | regulations promulgated thereunder. | ||||||
| 14 | (6) Any requirements established pursuant to Section | ||||||
| 15 | 504(b) or Section 114(a)(3) of the Clean Air Act. | ||||||
| 16 | (7) Any standard or other requirement governing solid | ||||||
| 17 | waste incineration, under Section 129 of the Clean Air | ||||||
| 18 | Act. | ||||||
| 19 | (8) Any standard or other requirement for consumer and | ||||||
| 20 | commercial products, under Section 183(e) of the Clean Air | ||||||
| 21 | Act. | ||||||
| 22 | (9) Any standard or other requirement for tank | ||||||
| 23 | vessels, under Section 183(f) of the Clean Air Act. | ||||||
| 24 | (10) Any standard or other requirement of the program | ||||||
| 25 | to control air pollution from Outer Continental Shelf | ||||||
| 26 | sources, under Section 328 of the Clean Air Act. | ||||||
| |||||||
| |||||||
| 1 | (11) Any standard or other requirement of the | ||||||
| 2 | regulations promulgated to protect stratospheric ozone | ||||||
| 3 | under Title VI of the Clean Air Act, unless USEPA has | ||||||
| 4 | determined that such requirements need not be contained in | ||||||
| 5 | a Title V permit. | ||||||
| 6 | (12) Any national ambient air quality standard or | ||||||
| 7 | increment or visibility requirement under Part C of Title | ||||||
| 8 | I of the Clean Air Act, but only as it would apply to | ||||||
| 9 | temporary sources permitted pursuant to Section 504(e) of | ||||||
| 10 | the Clean Air Act. | ||||||
| 11 | "Applicable requirement" means all applicable Clean Air | ||||||
| 12 | Act requirements and any other standard, limitation, or other | ||||||
| 13 | requirement contained in this Act or regulations promulgated | ||||||
| 14 | under this Act as applicable to sources of air contaminants | ||||||
| 15 | (including requirements that have future effective compliance | ||||||
| 16 | dates). | ||||||
| 17 | "CAAPP" means the Clean Air Act Permit Program, developed | ||||||
| 18 | pursuant to Title V of the Clean Air Act. | ||||||
| 19 | "CAAPP application" means an application for a CAAPP | ||||||
| 20 | permit. | ||||||
| 21 | "CAAPP Permit" or "permit" (unless the context suggests | ||||||
| 22 | otherwise) means any permit issued, renewed, amended, | ||||||
| 23 | modified, or revised pursuant to Title V of the Clean Air Act. | ||||||
| 24 | "CAAPP source" means any source for which the owner or | ||||||
| 25 | operator is required to obtain a CAAPP permit pursuant to | ||||||
| 26 | subsection 2 of this Section. | ||||||
| |||||||
| |||||||
| 1 | "Clean Air Act" means the Clean Air Act, as now and | ||||||
| 2 | hereafter amended, 42 U.S.C. 7401, et seq. | ||||||
| 3 | "Designated representative" has the meaning given to it in | ||||||
| 4 | Section 402(26) of the Clean Air Act and the regulations | ||||||
| 5 | promulgated thereunder, which state that the term "designated | ||||||
| 6 | representative" means a responsible person or official | ||||||
| 7 | authorized by the owner or operator of a unit to represent the | ||||||
| 8 | owner or operator in all matters pertaining to the holding, | ||||||
| 9 | transfer, or disposition of allowances allocated to a unit, | ||||||
| 10 | and the submission of and compliance with permits, permit | ||||||
| 11 | applications, and compliance plans for the unit. | ||||||
| 12 | "Draft CAAPP permit" means the version of a CAAPP permit | ||||||
| 13 | for which public notice and an opportunity for public comment | ||||||
| 14 | and hearing is offered by the Agency. | ||||||
| 15 | "Effective date of the CAAPP" means the date that USEPA | ||||||
| 16 | approves Illinois' CAAPP. | ||||||
| 17 | "Emission unit" means any part or activity of a stationary | ||||||
| 18 | source that emits or has the potential to emit any air | ||||||
| 19 | pollutant. This term is not meant to alter or affect the | ||||||
| 20 | definition of the term "unit" for purposes of Title IV of the | ||||||
| 21 | Clean Air Act. | ||||||
| 22 | "Federally enforceable" means enforceable by USEPA. | ||||||
| 23 | "Final permit action" means the Agency's granting with | ||||||
| 24 | conditions, refusal to grant, renewal of, or revision of a | ||||||
| 25 | CAAPP permit, the Agency's determination of incompleteness of | ||||||
| 26 | a submitted CAAPP application, or the Agency's failure to act | ||||||
| |||||||
| |||||||
| 1 | on an application for a permit, permit renewal, or permit | ||||||
| 2 | revision within the time specified in subsection 13, | ||||||
| 3 | subsection 14, or paragraph (j) of subsection 5 of this | ||||||
| 4 | Section. | ||||||
| 5 | "General permit" means a permit issued to cover numerous | ||||||
| 6 | similar sources in accordance with subsection 11 of this | ||||||
| 7 | Section. | ||||||
| 8 | "Major source" means a source for which emissions of one | ||||||
| 9 | or more air pollutants meet the criteria for major status | ||||||
| 10 | pursuant to paragraph (c) of subsection 2 of this Section. | ||||||
| 11 | "Maximum achievable control technology" or "MACT" means | ||||||
| 12 | the maximum degree of reductions in emissions deemed | ||||||
| 13 | achievable under Section 112 of the Clean Air Act. | ||||||
| 14 | "Owner or operator" means any person who owns, leases, | ||||||
| 15 | operates, controls, or supervises a stationary source. | ||||||
| 16 | "Permit modification" means a revision to a CAAPP permit | ||||||
| 17 | that cannot be accomplished under the provisions for | ||||||
| 18 | administrative permit amendments under subsection 13 of this | ||||||
| 19 | Section. | ||||||
| 20 | "Permit revision" means a permit modification or | ||||||
| 21 | administrative permit amendment. | ||||||
| 22 | "Phase II" means the period of the national acid rain | ||||||
| 23 | program, established under Title IV of the Clean Air Act, | ||||||
| 24 | beginning January 1, 2000, and continuing thereafter. | ||||||
| 25 | "Phase II acid rain permit" means the portion of a CAAPP | ||||||
| 26 | permit issued, renewed, modified, or revised by the Agency | ||||||
| |||||||
| |||||||
| 1 | during Phase II for an affected source for acid deposition. | ||||||
| 2 | "Potential to emit" means the maximum capacity of a | ||||||
| 3 | stationary source to emit any air pollutant under its physical | ||||||
| 4 | and operational design. Any physical or operational limitation | ||||||
| 5 | on the capacity of a source to emit an air pollutant, including | ||||||
| 6 | air pollution control equipment and restrictions on hours of | ||||||
| 7 | operation or on the type or amount of material combusted, | ||||||
| 8 | stored, or processed, shall be treated as part of its design if | ||||||
| 9 | the limitation is enforceable by USEPA. This definition does | ||||||
| 10 | not alter or affect the use of this term for any other purposes | ||||||
| 11 | under the Clean Air Act, or the term "capacity factor" as used | ||||||
| 12 | in Title IV of the Clean Air Act or the regulations promulgated | ||||||
| 13 | thereunder. | ||||||
| 14 | "Preconstruction Permit" or "Construction Permit" means a | ||||||
| 15 | permit which is to be obtained prior to commencing or | ||||||
| 16 | beginning actual construction or modification of a source or | ||||||
| 17 | emissions unit. | ||||||
| 18 | "Proposed CAAPP permit" means the version of a CAAPP | ||||||
| 19 | permit that the Agency proposes to issue and forwards to USEPA | ||||||
| 20 | for review in compliance with applicable requirements of the | ||||||
| 21 | Act and regulations promulgated thereunder. | ||||||
| 22 | "Regulated air pollutant" means the following: | ||||||
| 23 | (1) Nitrogen oxides (NOx) or any volatile organic | ||||||
| 24 | compound. | ||||||
| 25 | (2) Any pollutant for which a national ambient air | ||||||
| 26 | quality standard has been promulgated. | ||||||
| |||||||
| |||||||
| 1 | (3) Any pollutant that is subject to any standard | ||||||
| 2 | promulgated under Section 111 of the Clean Air Act. | ||||||
| 3 | (4) Any Class I or II substance subject to a standard | ||||||
| 4 | promulgated under or established by Title VI of the Clean | ||||||
| 5 | Air Act. | ||||||
| 6 | (5) Any pollutant subject to a standard promulgated | ||||||
| 7 | under Section 112 or other requirements established under | ||||||
| 8 | Section 112 of the Clean Air Act, including Sections | ||||||
| 9 | 112(g), (j), and (r). | ||||||
| 10 | (i) Any pollutant subject to requirements under | ||||||
| 11 | Section 112(j) of the Clean Air Act. Any pollutant | ||||||
| 12 | listed under Section 112(b) for which the subject | ||||||
| 13 | source would be major shall be considered to be | ||||||
| 14 | regulated 18 months after the date on which USEPA was | ||||||
| 15 | required to promulgate an applicable standard pursuant | ||||||
| 16 | to Section 112(e) of the Clean Air Act, if USEPA fails | ||||||
| 17 | to promulgate such standard. | ||||||
| 18 | (ii) Any pollutant for which the requirements of | ||||||
| 19 | Section 112(g)(2) of the Clean Air Act have been met, | ||||||
| 20 | but only with respect to the individual source subject | ||||||
| 21 | to Section 112(g)(2) requirement. | ||||||
| 22 | (6) Greenhouse gases. | ||||||
| 23 | "Renewal" means the process by which a permit is reissued | ||||||
| 24 | at the end of its term. | ||||||
| 25 | "Responsible official" means one of the following: | ||||||
| 26 | (1) For a corporation: a president, secretary, | ||||||
| |||||||
| |||||||
| 1 | treasurer, or vice-president of the corporation in charge | ||||||
| 2 | of a principal business function, or any other person who | ||||||
| 3 | performs similar policy or decision-making functions for | ||||||
| 4 | the corporation, or a duly authorized representative of | ||||||
| 5 | such person if the representative is responsible for the | ||||||
| 6 | overall operation of one or more manufacturing, | ||||||
| 7 | production, or operating facilities applying for or | ||||||
| 8 | subject to a permit and either (i) the facilities employ | ||||||
| 9 | more than 250 persons or have gross annual sales or | ||||||
| 10 | expenditures exceeding $25 million (in second quarter 1980 | ||||||
| 11 | dollars), or (ii) the delegation of authority to such | ||||||
| 12 | representative is approved in advance by the Agency. | ||||||
| 13 | (2) For a partnership or sole proprietorship: a | ||||||
| 14 | general partner or the proprietor, respectively, or in the | ||||||
| 15 | case of a partnership in which all of the partners are | ||||||
| 16 | corporations, a duly authorized representative of the | ||||||
| 17 | partnership if the representative is responsible for the | ||||||
| 18 | overall operation of one or more manufacturing, | ||||||
| 19 | production, or operating facilities applying for or | ||||||
| 20 | subject to a permit and either (i) the facilities employ | ||||||
| 21 | more than 250 persons or have gross annual sales or | ||||||
| 22 | expenditures exceeding $25 million (in second quarter 1980 | ||||||
| 23 | dollars), or (ii) the delegation of authority to such | ||||||
| 24 | representative is approved in advance by the Agency. | ||||||
| 25 | (3) For a municipality, State, federal Federal, or | ||||||
| 26 | other public agency: either a principal executive officer | ||||||
| |||||||
| |||||||
| 1 | or ranking elected official. For the purposes of this | ||||||
| 2 | part, a principal executive officer of a federal Federal | ||||||
| 3 | agency includes the chief executive officer having | ||||||
| 4 | responsibility for the overall operations of a principal | ||||||
| 5 | geographic unit of the agency (e.g., a Regional | ||||||
| 6 | Administrator of USEPA). | ||||||
| 7 | (4) For affected sources for acid deposition: | ||||||
| 8 | (i) The designated representative shall be the | ||||||
| 9 | "responsible official" in so far as actions, | ||||||
| 10 | standards, requirements, or prohibitions under Title | ||||||
| 11 | IV of the Clean Air Act or the regulations promulgated | ||||||
| 12 | thereunder are concerned. | ||||||
| 13 | (ii) The designated representative may also be the | ||||||
| 14 | "responsible official" for any other purposes with | ||||||
| 15 | respect to air pollution control. | ||||||
| 16 | "Section 502(b)(10) changes" means changes that contravene | ||||||
| 17 | express permit terms. "Section 502(b)(10) changes" do not | ||||||
| 18 | include changes that would violate applicable requirements or | ||||||
| 19 | contravene federally enforceable permit terms or conditions | ||||||
| 20 | that are monitoring (including test methods), recordkeeping, | ||||||
| 21 | reporting, or compliance certification requirements. | ||||||
| 22 | "Solid waste incineration unit" means a distinct operating | ||||||
| 23 | unit of any facility which combusts any solid waste material | ||||||
| 24 | from commercial or industrial establishments or the general | ||||||
| 25 | public (including single and multiple residences, hotels, and | ||||||
| 26 | motels). The term does not include incinerators or other units | ||||||
| |||||||
| |||||||
| 1 | required to have a permit under Section 3005 of the Solid Waste | ||||||
| 2 | Disposal Act. The term also does not include (A) materials | ||||||
| 3 | recovery facilities (including primary or secondary smelters) | ||||||
| 4 | which combust waste for the primary purpose of recovering | ||||||
| 5 | metals, (B) qualifying small power production facilities, as | ||||||
| 6 | defined in Section 3(17)(C) of the Federal Power Act (16 | ||||||
| 7 | U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as | ||||||
| 8 | defined in Section 3(18)(B) of the Federal Power Act (16 | ||||||
| 9 | U.S.C. 796(18)(B)), which burn homogeneous waste (such as | ||||||
| 10 | units which burn tires or used oil, but not including | ||||||
| 11 | refuse-derived fuel) for the production of electric energy or | ||||||
| 12 | in the case of qualifying cogeneration facilities which burn | ||||||
| 13 | homogeneous waste for the production of electric energy and | ||||||
| 14 | steam or forms of useful energy (such as heat) which are used | ||||||
| 15 | for industrial, commercial, heating, or cooling purposes, or | ||||||
| 16 | (C) air curtain incinerators provided that such incinerators | ||||||
| 17 | only burn wood wastes, yard waste, and clean lumber and that | ||||||
| 18 | such air curtain incinerators comply with opacity limitations | ||||||
| 19 | to be established by the USEPA by rule. | ||||||
| 20 | "Source" means any stationary source (or any group of | ||||||
| 21 | stationary sources) that is located on one or more contiguous | ||||||
| 22 | or adjacent properties that are under common control of the | ||||||
| 23 | same person (or persons under common control) and that belongs | ||||||
| 24 | to a single major industrial grouping. For the purposes of | ||||||
| 25 | defining "source," a stationary source or group of stationary | ||||||
| 26 | sources shall be considered part of a single major industrial | ||||||
| |||||||
| |||||||
| 1 | grouping if all of the pollutant emitting activities at such | ||||||
| 2 | source or group of sources located on contiguous or adjacent | ||||||
| 3 | properties and under common control belong to the same Major | ||||||
| 4 | Group (i.e., all have the same two-digit code) as described in | ||||||
| 5 | the Standard Industrial Classification Manual, 1987, or such | ||||||
| 6 | pollutant emitting activities at a stationary source (or group | ||||||
| 7 | of stationary sources) located on contiguous or adjacent | ||||||
| 8 | properties and under common control constitute a support | ||||||
| 9 | facility. The determination as to whether any group of | ||||||
| 10 | stationary sources is located on contiguous or adjacent | ||||||
| 11 | properties, and/or is under common control, and/or whether the | ||||||
| 12 | pollutant emitting activities at such group of stationary | ||||||
| 13 | sources constitute a support facility shall be made on a | ||||||
| 14 | case-by-case case by case basis. | ||||||
| 15 | "Stationary source" means any building, structure, | ||||||
| 16 | facility, or installation that emits or may emit any regulated | ||||||
| 17 | air pollutant or any pollutant listed under Section 112(b) of | ||||||
| 18 | the Clean Air Act, except those emissions resulting directly | ||||||
| 19 | from an internal combustion engine for transportation purposes | ||||||
| 20 | or from a nonroad engine or nonroad vehicle as defined in | ||||||
| 21 | Section 216 of the Clean Air Act. | ||||||
| 22 | "Subject to regulation" has the meaning given to it in 40 | ||||||
| 23 | CFR 70.2, as now or hereafter amended. | ||||||
| 24 | "Support facility" means any stationary source (or group | ||||||
| 25 | of stationary sources) that conveys, stores, or otherwise | ||||||
| 26 | assists to a significant extent in the production of a | ||||||
| |||||||
| |||||||
| 1 | principal product at another stationary source (or group of | ||||||
| 2 | stationary sources). A support facility shall be considered to | ||||||
| 3 | be part of the same source as the stationary source (or group | ||||||
| 4 | of stationary sources) that it supports regardless of the | ||||||
| 5 | 2-digit Standard Industrial Classification code for the | ||||||
| 6 | support facility. | ||||||
| 7 | "USEPA" means the Administrator of the United States | ||||||
| 8 | Environmental Protection Agency (USEPA) or a person designated | ||||||
| 9 | by the Administrator.
| ||||||
| 10 | 1.1. Exclusion From the CAAPP. | ||||||
| 11 | a. An owner or operator of a source which determines | ||||||
| 12 | that the source could be excluded from the CAAPP may seek | ||||||
| 13 | such exclusion prior to the date that the CAAPP | ||||||
| 14 | application for the source is due but in no case later than | ||||||
| 15 | 9 months after the effective date of the CAAPP through the | ||||||
| 16 | imposition of federally enforceable conditions limiting | ||||||
| 17 | the "potential to emit" of the source to a level below the | ||||||
| 18 | major source threshold for that source as described in | ||||||
| 19 | paragraph (c) of subsection 2 of this Section, within a | ||||||
| 20 | State operating permit issued pursuant to subsection (a) | ||||||
| 21 | of Section 39 of this Act. After such date, an exclusion | ||||||
| 22 | from the CAAPP may be sought under paragraph (c) of | ||||||
| 23 | subsection 3 of this Section. | ||||||
| 24 | b. An owner or operator of a source seeking exclusion | ||||||
| 25 | from the CAAPP pursuant to paragraph (a) of this | ||||||
| |||||||
| |||||||
| 1 | subsection must submit a permit application consistent | ||||||
| 2 | with the existing State permit program which specifically | ||||||
| 3 | requests such exclusion through the imposition of such | ||||||
| 4 | federally enforceable conditions. | ||||||
| 5 | c. Upon such request, if the Agency determines that | ||||||
| 6 | the owner or operator of a source has met the requirements | ||||||
| 7 | for exclusion pursuant to paragraph (a) of this subsection | ||||||
| 8 | and other applicable requirements for permit issuance | ||||||
| 9 | under subsection (a) of Section 39 of this Act, the Agency | ||||||
| 10 | shall issue a State operating permit for such source under | ||||||
| 11 | subsection (a) of Section 39 of this Act, as amended, and | ||||||
| 12 | regulations promulgated thereunder with federally | ||||||
| 13 | enforceable conditions limiting the "potential to emit" of | ||||||
| 14 | the source to a level below the major source threshold for | ||||||
| 15 | that source as described in paragraph (c) of subsection 2 | ||||||
| 16 | of this Section. | ||||||
| 17 | d. The Agency shall provide an owner or operator of a | ||||||
| 18 | source which may be excluded from the CAAPP pursuant to | ||||||
| 19 | this subsection with reasonable notice that the owner or | ||||||
| 20 | operator may seek such exclusion. | ||||||
| 21 | e. The Agency shall provide such sources with the | ||||||
| 22 | necessary permit application forms.
| ||||||
| 23 | 2. Applicability. | ||||||
| 24 | a. Sources subject to this Section shall include: | ||||||
| 25 | i. Any major source as defined in paragraph (c) of | ||||||
| |||||||
| |||||||
| 1 | this subsection. | ||||||
| 2 | ii. Any source subject to a standard or other | ||||||
| 3 | requirements promulgated under Section 111 (New Source | ||||||
| 4 | Performance Standards) or Section 112 (Hazardous Air | ||||||
| 5 | Pollutants) of the Clean Air Act, except that a source | ||||||
| 6 | is not required to obtain a permit solely because it is | ||||||
| 7 | subject to regulations or requirements under Section | ||||||
| 8 | 112(r) of the Clean Air Act. | ||||||
| 9 | iii. Any affected source for acid deposition, as | ||||||
| 10 | defined in subsection 1 of this Section. | ||||||
| 11 | iv. Any other source subject to this Section under | ||||||
| 12 | the Clean Air Act or regulations promulgated | ||||||
| 13 | thereunder, or applicable Board regulations. | ||||||
| 14 | b. Sources exempted from this Section shall include: | ||||||
| 15 | i. All sources listed in paragraph (a) of this | ||||||
| 16 | subsection that are not major sources, affected | ||||||
| 17 | sources for acid deposition or solid waste | ||||||
| 18 | incineration units required to obtain a permit | ||||||
| 19 | pursuant to Section 129(e) of the Clean Air Act, until | ||||||
| 20 | the source is required to obtain a CAAPP permit | ||||||
| 21 | pursuant to the Clean Air Act or regulations | ||||||
| 22 | promulgated thereunder. | ||||||
| 23 | ii. Nonmajor sources subject to a standard or | ||||||
| 24 | other requirements subsequently promulgated by USEPA | ||||||
| 25 | under Section 111 or 112 of the Clean Air Act that are | ||||||
| 26 | determined by USEPA to be exempt at the time a new | ||||||
| |||||||
| |||||||
| 1 | standard is promulgated. | ||||||
| 2 | iii. All sources and source categories that would | ||||||
| 3 | be required to obtain a permit solely because they are | ||||||
| 4 | subject to Part 60, Subpart AAA - Standards of | ||||||
| 5 | Performance for New Residential Wood Heaters (40 CFR | ||||||
| 6 | Part 60). | ||||||
| 7 | iv. All sources and source categories that would | ||||||
| 8 | be required to obtain a permit solely because they are | ||||||
| 9 | subject to Part 61, Subpart M - National Emission | ||||||
| 10 | Standard for Hazardous Air Pollutants for Asbestos, | ||||||
| 11 | Section 61.145 (40 CFR Part 61). | ||||||
| 12 | v. Any other source categories exempted by USEPA | ||||||
| 13 | regulations pursuant to Section 502(a) of the Clean | ||||||
| 14 | Air Act. | ||||||
| 15 | vi. Major sources of greenhouse gas emissions | ||||||
| 16 | required to obtain a CAAPP permit under this Section | ||||||
| 17 | if any of the following occurs: | ||||||
| 18 | (A) enactment of federal legislation depriving | ||||||
| 19 | the Administrator of the USEPA of authority to | ||||||
| 20 | regulate greenhouse gases under the Clean Air Act; | ||||||
| 21 | (B) the issuance of any opinion, ruling, | ||||||
| 22 | judgment, order, or decree by a federal court | ||||||
| 23 | depriving the Administrator of the USEPA of | ||||||
| 24 | authority to regulate greenhouse gases under the | ||||||
| 25 | Clean Air Act; or | ||||||
| 26 | (C) action by the President of the United | ||||||
| |||||||
| |||||||
| 1 | States or the President's authorized agent, | ||||||
| 2 | including the Administrator of the USEPA, to | ||||||
| 3 | repeal or withdraw the Greenhouse Gas Tailoring | ||||||
| 4 | Rule (75 Fed. Reg. 31514, June 3, 2010). | ||||||
| 5 | If any event listed in this subparagraph (vi) | ||||||
| 6 | occurs, CAAPP permits issued after such event shall | ||||||
| 7 | not impose permit terms or conditions addressing | ||||||
| 8 | greenhouse gases during the effectiveness of any event | ||||||
| 9 | listed in subparagraph (vi). If any event listed in | ||||||
| 10 | this subparagraph (vi) occurs, any owner or operator | ||||||
| 11 | with a CAAPP permit that includes terms or conditions | ||||||
| 12 | addressing greenhouse gases may elect to submit an | ||||||
| 13 | application to the Agency to address a revision or | ||||||
| 14 | repeal of such terms or conditions. If any owner or | ||||||
| 15 | operator submits such an application, the Agency shall | ||||||
| 16 | expeditiously process the permit application in | ||||||
| 17 | accordance with applicable laws and regulations. | ||||||
| 18 | Nothing in this subparagraph (vi) shall relieve an | ||||||
| 19 | owner or operator of a source from the requirement to | ||||||
| 20 | obtain a CAAPP permit for its emissions of regulated | ||||||
| 21 | air pollutants other than greenhouse gases, as | ||||||
| 22 | required by this Section. | ||||||
| 23 | c. For purposes of this Section the term "major | ||||||
| 24 | source" means any source that is: | ||||||
| 25 | i. A major source under Section 112 of the Clean | ||||||
| 26 | Air Act, which is defined as: | ||||||
| |||||||
| |||||||
| 1 | A. For pollutants other than radionuclides, | ||||||
| 2 | any stationary source or group of stationary | ||||||
| 3 | sources located within a contiguous area and under | ||||||
| 4 | common control that emits or has the potential to | ||||||
| 5 | emit, in the aggregate, 10 tons per year (tpy) or | ||||||
| 6 | more of any hazardous air pollutant which has been | ||||||
| 7 | listed pursuant to Section 112(b) of the Clean Air | ||||||
| 8 | Act, 25 tpy or more of any combination of such | ||||||
| 9 | hazardous air pollutants, or such lesser quantity | ||||||
| 10 | as USEPA may establish by rule. Notwithstanding | ||||||
| 11 | the preceding sentence, emissions from any oil or | ||||||
| 12 | gas exploration or production well (with its | ||||||
| 13 | associated equipment) and emissions from any | ||||||
| 14 | pipeline compressor or pump station shall not be | ||||||
| 15 | aggregated with emissions from other similar | ||||||
| 16 | units, whether or not such units are in a | ||||||
| 17 | contiguous area or under common control, to | ||||||
| 18 | determine whether such stations are major sources. | ||||||
| 19 | B. For radionuclides, "major source" shall | ||||||
| 20 | have the meaning specified by the USEPA by rule. | ||||||
| 21 | ii. A major stationary source of air pollutants, | ||||||
| 22 | as defined in Section 302 of the Clean Air Act, that | ||||||
| 23 | directly emits or has the potential to emit, 100 tpy or | ||||||
| 24 | more of any air pollutant subject to regulation | ||||||
| 25 | (including any major source of fugitive emissions of | ||||||
| 26 | any such pollutant, as determined by rule by USEPA). | ||||||
| |||||||
| |||||||
| 1 | For purposes of this subsection, "fugitive emissions" | ||||||
| 2 | means those emissions which could not reasonably pass | ||||||
| 3 | through a stack, chimney, vent, or other functionally | ||||||
| 4 | equivalent functionally-equivalent opening. The | ||||||
| 5 | fugitive emissions of a stationary source shall not be | ||||||
| 6 | considered in determining whether it is a major | ||||||
| 7 | stationary source for the purposes of Section 302(j) | ||||||
| 8 | of the Clean Air Act, unless the source belongs to one | ||||||
| 9 | of the following categories of stationary source: | ||||||
| 10 | A. Coal cleaning plants (with thermal dryers). | ||||||
| 11 | B. Kraft pulp mills. | ||||||
| 12 | C. Portland cement plants. | ||||||
| 13 | D. Primary zinc smelters. | ||||||
| 14 | E. Iron and steel mills. | ||||||
| 15 | F. Primary aluminum ore reduction plants. | ||||||
| 16 | G. Primary copper smelters. | ||||||
| 17 | H. Municipal incinerators capable of charging | ||||||
| 18 | more than 250 tons of refuse per day. | ||||||
| 19 | I. Hydrofluoric, sulfuric, or nitric acid | ||||||
| 20 | plants. | ||||||
| 21 | J. Petroleum refineries. | ||||||
| 22 | K. Lime plants. | ||||||
| 23 | L. Phosphate rock processing plants. | ||||||
| 24 | M. Coke oven batteries. | ||||||
| 25 | N. Sulfur recovery plants. | ||||||
| 26 | O. Carbon black plants (furnace process). | ||||||
| |||||||
| |||||||
| 1 | P. Primary lead smelters. | ||||||
| 2 | Q. Fuel conversion plants. | ||||||
| 3 | R. Sintering plants. | ||||||
| 4 | S. Secondary metal production plants. | ||||||
| 5 | T. Chemical process plants. | ||||||
| 6 | U. Fossil-fuel boilers (or combination | ||||||
| 7 | thereof) totaling more than 250 million British | ||||||
| 8 | thermal units per hour heat input. | ||||||
| 9 | V. Petroleum storage and transfer units with a | ||||||
| 10 | total storage capacity exceeding 300,000 barrels. | ||||||
| 11 | W. Taconite ore processing plants. | ||||||
| 12 | X. Glass fiber processing plants. | ||||||
| 13 | Y. Charcoal production plants. | ||||||
| 14 | Z. Fossil fuel-fired steam electric plants of | ||||||
| 15 | more than 250 million British thermal units per | ||||||
| 16 | hour heat input. | ||||||
| 17 | AA. All other stationary source categories, | ||||||
| 18 | which as of August 7, 1980 are being regulated by a | ||||||
| 19 | standard promulgated under Section 111 or 112 of | ||||||
| 20 | the Clean Air Act. | ||||||
| 21 | BB. Any other stationary source category | ||||||
| 22 | designated by USEPA by rule. | ||||||
| 23 | iii. A major stationary source as defined in part | ||||||
| 24 | D of Title I of the Clean Air Act including: | ||||||
| 25 | A. For ozone nonattainment areas, sources with | ||||||
| 26 | the potential to emit 100 tons or more per year of | ||||||
| |||||||
| |||||||
| 1 | volatile organic compounds or oxides of nitrogen | ||||||
| 2 | in areas classified as "marginal" or "moderate", | ||||||
| 3 | 50 tons or more per year in areas classified as | ||||||
| 4 | "serious", 25 tons or more per year in areas | ||||||
| 5 | classified as "severe", and 10 tons or more per | ||||||
| 6 | year in areas classified as "extreme"; except that | ||||||
| 7 | the references in this clause to 100, 50, 25, and | ||||||
| 8 | 10 tons per year of nitrogen oxides shall not | ||||||
| 9 | apply with respect to any source for which USEPA | ||||||
| 10 | has made a finding, under Section 182(f)(1) or (2) | ||||||
| 11 | of the Clean Air Act, that requirements otherwise | ||||||
| 12 | applicable to such source under Section 182(f) of | ||||||
| 13 | the Clean Air Act do not apply. Such sources shall | ||||||
| 14 | remain subject to the major source criteria of | ||||||
| 15 | subparagraph (ii) of paragraph (c) of this | ||||||
| 16 | subsection. | ||||||
| 17 | B. For ozone transport regions established | ||||||
| 18 | pursuant to Section 184 of the Clean Air Act, | ||||||
| 19 | sources with the potential to emit 50 tons or more | ||||||
| 20 | per year of volatile organic compounds (VOCs). | ||||||
| 21 | C. For carbon monoxide nonattainment areas (1) | ||||||
| 22 | that are classified as "serious", and (2) in which | ||||||
| 23 | stationary sources contribute significantly to | ||||||
| 24 | carbon monoxide levels as determined under rules | ||||||
| 25 | issued by USEPA, sources with the potential to | ||||||
| 26 | emit 50 tons or more per year of carbon monoxide. | ||||||
| |||||||
| |||||||
| 1 | D. For particulate matter (PM-10) | ||||||
| 2 | nonattainment areas classified as "serious", | ||||||
| 3 | sources with the potential to emit 70 tons or more | ||||||
| 4 | per year of PM-10.
| ||||||
| 5 | 3. Agency Authority To Issue CAAPP Permits and Federally | ||||||
| 6 | Enforceable State Operating Permits. | ||||||
| 7 | a. The Agency shall issue CAAPP permits under this | ||||||
| 8 | Section consistent with the Clean Air Act and regulations | ||||||
| 9 | promulgated thereunder and this Act and regulations | ||||||
| 10 | promulgated thereunder. | ||||||
| 11 | b. The Agency shall issue CAAPP permits for fixed | ||||||
| 12 | terms of 5 years, except CAAPP permits issued for solid | ||||||
| 13 | waste incineration units combusting municipal waste which | ||||||
| 14 | shall be issued for fixed terms of 12 years and except | ||||||
| 15 | CAAPP permits for affected sources for acid deposition | ||||||
| 16 | which shall be issued for initial terms to expire on | ||||||
| 17 | December 31, 1999, and for fixed terms of 5 years | ||||||
| 18 | thereafter. | ||||||
| 19 | c. The Agency shall have the authority to issue a | ||||||
| 20 | State operating permit for a source under subsection (a) | ||||||
| 21 | of Section 39 of this Act, as amended, and regulations | ||||||
| 22 | promulgated thereunder, which includes federally | ||||||
| 23 | enforceable conditions limiting the "potential to emit" of | ||||||
| 24 | the source to a level below the major source threshold for | ||||||
| 25 | that source as described in paragraph (c) of subsection 2 | ||||||
| |||||||
| |||||||
| 1 | of this Section, thereby excluding the source from the | ||||||
| 2 | CAAPP, when requested by the applicant pursuant to | ||||||
| 3 | paragraph (u) of subsection 5 of this Section. The public | ||||||
| 4 | notice requirements of this Section applicable to CAAPP | ||||||
| 5 | permits shall also apply to the initial issuance of | ||||||
| 6 | permits under this paragraph. | ||||||
| 7 | d. For purposes of this Act, a permit issued by USEPA | ||||||
| 8 | under Section 505 of the Clean Air Act, as now and | ||||||
| 9 | hereafter amended, shall be deemed to be a permit issued | ||||||
| 10 | by the Agency pursuant to this Section 39.5 of this Act.
| ||||||
| 11 | 4. Transition. | ||||||
| 12 | a. An owner or operator of a CAAPP source shall not be | ||||||
| 13 | required to renew an existing State operating permit for | ||||||
| 14 | any emission unit at such CAAPP source once a CAAPP | ||||||
| 15 | application timely submitted prior to expiration of the | ||||||
| 16 | State operating permit has been deemed complete. For | ||||||
| 17 | purposes other than permit renewal, the obligation upon | ||||||
| 18 | the owner or operator of a CAAPP source to obtain a State | ||||||
| 19 | operating permit is not removed upon submittal of the | ||||||
| 20 | complete CAAPP permit application. An owner or operator of | ||||||
| 21 | a CAAPP source seeking to make a modification to a source | ||||||
| 22 | prior to the issuance of its CAAPP permit shall be | ||||||
| 23 | required to obtain a construction permit, operating | ||||||
| 24 | permit, or both as required for such modification in | ||||||
| 25 | accordance with the State permit program under subsection | ||||||
| |||||||
| |||||||
| 1 | (a) of Section 39 of this Act, as amended, and regulations | ||||||
| 2 | promulgated thereunder. The application for such | ||||||
| 3 | construction permit, operating permit, or both shall be | ||||||
| 4 | considered an amendment to the CAAPP application submitted | ||||||
| 5 | for such source. | ||||||
| 6 | b. An owner or operator of a CAAPP source shall | ||||||
| 7 | continue to operate in accordance with the terms and | ||||||
| 8 | conditions of its applicable State operating permit | ||||||
| 9 | notwithstanding the expiration of the State operating | ||||||
| 10 | permit until the source's CAAPP permit has been issued. | ||||||
| 11 | c. An owner or operator of a CAAPP source shall submit | ||||||
| 12 | its initial CAAPP application to the Agency no later than | ||||||
| 13 | 12 months after the effective date of the CAAPP. The | ||||||
| 14 | Agency may request submittal of initial CAAPP applications | ||||||
| 15 | during this 12-month period according to a schedule set | ||||||
| 16 | forth within Agency procedures, however, in no event shall | ||||||
| 17 | the Agency require such submittal earlier than 3 months | ||||||
| 18 | after such effective date of the CAAPP. An owner or | ||||||
| 19 | operator may voluntarily submit its initial CAAPP | ||||||
| 20 | application prior to the date required within this | ||||||
| 21 | paragraph or applicable procedures, if any, subsequent to | ||||||
| 22 | the date the Agency submits the CAAPP to USEPA for | ||||||
| 23 | approval. | ||||||
| 24 | d. The Agency shall act on initial CAAPP applications | ||||||
| 25 | in accordance with paragraph (j) of subsection 5 of this | ||||||
| 26 | Section. | ||||||
| |||||||
| |||||||
| 1 | e. For purposes of this Section, the term "initial | ||||||
| 2 | CAAPP application" shall mean the first CAAPP application | ||||||
| 3 | submitted for a source existing as of the effective date | ||||||
| 4 | of the CAAPP. | ||||||
| 5 | f. The Agency shall provide owners or operators of | ||||||
| 6 | CAAPP sources with at least 3 months advance notice of the | ||||||
| 7 | date on which their applications are required to be | ||||||
| 8 | submitted. In determining which sources shall be subject | ||||||
| 9 | to early submittal, the Agency shall include among its | ||||||
| 10 | considerations the complexity of the permit application, | ||||||
| 11 | and the burden that such early submittal will have on the | ||||||
| 12 | source. | ||||||
| 13 | g. The CAAPP permit shall upon becoming effective | ||||||
| 14 | supersede the State operating permit. | ||||||
| 15 | h. The Agency shall have the authority to adopt | ||||||
| 16 | procedural rules, in accordance with the Illinois | ||||||
| 17 | Administrative Procedure Act, as the Agency deems | ||||||
| 18 | necessary, to implement this subsection.
| ||||||
| 19 | 5. Applications and Completeness. | ||||||
| 20 | a. An owner or operator of a CAAPP source shall submit | ||||||
| 21 | its complete CAAPP application consistent with the Act and | ||||||
| 22 | applicable regulations. | ||||||
| 23 | b. An owner or operator of a CAAPP source shall submit | ||||||
| 24 | a single complete CAAPP application covering all emission | ||||||
| 25 | units at that source. | ||||||
| |||||||
| |||||||
| 1 | c. To be deemed complete, a CAAPP application must | ||||||
| 2 | provide all information, as requested in Agency | ||||||
| 3 | application forms, sufficient to evaluate the subject | ||||||
| 4 | source and its application and to determine all applicable | ||||||
| 5 | requirements, pursuant to the Clean Air Act, and | ||||||
| 6 | regulations thereunder, this Act and regulations | ||||||
| 7 | thereunder. Such Agency application forms shall be | ||||||
| 8 | finalized and made available prior to the date on which | ||||||
| 9 | any CAAPP application is required. | ||||||
| 10 | d. An owner or operator of a CAAPP source shall | ||||||
| 11 | submit, as part of its complete CAAPP application, a | ||||||
| 12 | compliance plan, including a schedule of compliance, | ||||||
| 13 | describing how each emission unit will comply with all | ||||||
| 14 | applicable requirements. Any such schedule of compliance | ||||||
| 15 | shall be supplemental to, and shall not sanction | ||||||
| 16 | noncompliance with, the applicable requirements on which | ||||||
| 17 | it is based. | ||||||
| 18 | e. Each submitted CAAPP application shall be certified | ||||||
| 19 | for truth, accuracy, and completeness by a responsible | ||||||
| 20 | official in accordance with applicable regulations. | ||||||
| 21 | f. The Agency shall provide notice to a CAAPP | ||||||
| 22 | applicant as to whether a submitted CAAPP application is | ||||||
| 23 | complete. Unless the Agency notifies the applicant of | ||||||
| 24 | incompleteness, within 60 days after receipt of the CAAPP | ||||||
| 25 | application, the application shall be deemed complete. The | ||||||
| 26 | Agency may request additional information as needed to | ||||||
| |||||||
| |||||||
| 1 | make the completeness determination. The Agency may to the | ||||||
| 2 | extent practicable provide the applicant with a reasonable | ||||||
| 3 | opportunity to correct deficiencies prior to a final | ||||||
| 4 | determination of completeness. | ||||||
| 5 | g. If after the determination of completeness the | ||||||
| 6 | Agency finds that additional information is necessary to | ||||||
| 7 | evaluate or take final action on the CAAPP application, | ||||||
| 8 | the Agency may request in writing such information from | ||||||
| 9 | the source with a reasonable deadline for response. | ||||||
| 10 | h. If the owner or operator of a CAAPP source submits a | ||||||
| 11 | timely and complete CAAPP application, the source's | ||||||
| 12 | failure to have a CAAPP permit shall not be a violation of | ||||||
| 13 | this Section until the Agency takes final action on the | ||||||
| 14 | submitted CAAPP application, provided, however, where the | ||||||
| 15 | applicant fails to submit the requested information under | ||||||
| 16 | paragraph (g) of this subsection 5 within the time frame | ||||||
| 17 | specified by the Agency, this protection shall cease to | ||||||
| 18 | apply. | ||||||
| 19 | i. Any applicant who fails to submit any relevant | ||||||
| 20 | facts necessary to evaluate the subject source and its | ||||||
| 21 | CAAPP application or who has submitted incorrect | ||||||
| 22 | information in a CAAPP application shall, upon becoming | ||||||
| 23 | aware of such failure or incorrect submittal, submit | ||||||
| 24 | supplementary facts or correct information to the Agency. | ||||||
| 25 | In addition, an applicant shall provide to the Agency | ||||||
| 26 | additional information as necessary to address any | ||||||
| |||||||
| |||||||
| 1 | requirements which become applicable to the source | ||||||
| 2 | subsequent to the date the applicant submitted its | ||||||
| 3 | complete CAAPP application but prior to release of the | ||||||
| 4 | draft CAAPP permit. | ||||||
| 5 | j. The Agency shall issue or deny the CAAPP permit | ||||||
| 6 | within 18 months after the date of receipt of the complete | ||||||
| 7 | CAAPP application, with the following exceptions: (i) | ||||||
| 8 | permits for affected sources for acid deposition shall be | ||||||
| 9 | issued or denied within 6 months after receipt of a | ||||||
| 10 | complete application in accordance with subsection 17 of | ||||||
| 11 | this Section; (ii) the Agency shall act on initial CAAPP | ||||||
| 12 | applications within 24 months after the date of receipt of | ||||||
| 13 | the complete CAAPP application; (iii) the Agency shall act | ||||||
| 14 | on complete applications containing early reduction | ||||||
| 15 | demonstrations under Section 112(i)(5) of the Clean Air | ||||||
| 16 | Act within 9 months of receipt of the complete CAAPP | ||||||
| 17 | application. | ||||||
| 18 | Where the Agency does not take final action on the | ||||||
| 19 | permit within the required time period, the permit shall | ||||||
| 20 | not be deemed issued; rather, the failure to act shall be | ||||||
| 21 | treated as a final permit action for purposes of judicial | ||||||
| 22 | review pursuant to Sections 40.2 and 41 of this Act. | ||||||
| 23 | k. The submittal of a complete CAAPP application shall | ||||||
| 24 | not affect the requirement that any source have a | ||||||
| 25 | preconstruction permit under Title I of the Clean Air Act. | ||||||
| 26 | l. Unless a timely and complete renewal application | ||||||
| |||||||
| |||||||
| 1 | has been submitted consistent with this subsection, a | ||||||
| 2 | CAAPP source operating upon the expiration of its CAAPP | ||||||
| 3 | permit shall be deemed to be operating without a CAAPP | ||||||
| 4 | permit. Such operation is prohibited under this Act. | ||||||
| 5 | m. Permits being renewed shall be subject to the same | ||||||
| 6 | procedural requirements, including those for public | ||||||
| 7 | participation and federal review and objection, that apply | ||||||
| 8 | to original permit issuance. | ||||||
| 9 | n. For purposes of permit renewal, a timely | ||||||
| 10 | application is one that is submitted no less than 9 months | ||||||
| 11 | prior to the date of permit expiration. | ||||||
| 12 | o. The terms and conditions of a CAAPP permit shall | ||||||
| 13 | remain in effect until the issuance of a CAAPP renewal | ||||||
| 14 | permit provided a timely and complete CAAPP application | ||||||
| 15 | has been submitted. | ||||||
| 16 | p. The owner or operator of a CAAPP source seeking a | ||||||
| 17 | permit shield pursuant to paragraph (j) of subsection 7 of | ||||||
| 18 | this Section shall request such permit shield in the CAAPP | ||||||
| 19 | application regarding that source. | ||||||
| 20 | q. The Agency shall make available to the public all | ||||||
| 21 | documents submitted by the applicant to the Agency, | ||||||
| 22 | including each CAAPP application, compliance plan | ||||||
| 23 | (including the schedule of compliance), and emissions or | ||||||
| 24 | compliance monitoring report, with the exception of | ||||||
| 25 | information entitled to confidential treatment pursuant to | ||||||
| 26 | Section 7 of this Act. | ||||||
| |||||||
| |||||||
| 1 | r. The Agency shall use the standardized forms | ||||||
| 2 | required under Title IV of the Clean Air Act and | ||||||
| 3 | regulations promulgated thereunder for affected sources | ||||||
| 4 | for acid deposition. | ||||||
| 5 | s. An owner or operator of a CAAPP source may include | ||||||
| 6 | within its CAAPP application a request for permission to | ||||||
| 7 | operate during a startup, malfunction, or breakdown | ||||||
| 8 | consistent with applicable Board regulations. | ||||||
| 9 | t. An owner or operator of a CAAPP source, in order to | ||||||
| 10 | utilize the operational flexibility provided under | ||||||
| 11 | paragraph (l) of subsection 7 of this Section, must | ||||||
| 12 | request such use and provide the necessary information | ||||||
| 13 | within its CAAPP application. | ||||||
| 14 | u. An owner or operator of a CAAPP source which seeks | ||||||
| 15 | exclusion from the CAAPP through the imposition of | ||||||
| 16 | federally enforceable conditions, pursuant to paragraph | ||||||
| 17 | (c) of subsection 3 of this Section, must request such | ||||||
| 18 | exclusion within a CAAPP application submitted consistent | ||||||
| 19 | with this subsection on or after the date that the CAAPP | ||||||
| 20 | application for the source is due. Prior to such date, but | ||||||
| 21 | in no case later than 9 months after the effective date of | ||||||
| 22 | the CAAPP, such owner or operator may request the | ||||||
| 23 | imposition of federally enforceable conditions pursuant to | ||||||
| 24 | paragraph (b) of subsection 1.1 of this Section. | ||||||
| 25 | v. CAAPP applications shall contain accurate | ||||||
| 26 | information on allowable emissions to implement the fee | ||||||
| |||||||
| |||||||
| 1 | provisions of subsection 18 of this Section. | ||||||
| 2 | w. An owner or operator of a CAAPP source shall submit | ||||||
| 3 | within its CAAPP application emissions information | ||||||
| 4 | regarding all regulated air pollutants emitted at that | ||||||
| 5 | source consistent with applicable Agency procedures. | ||||||
| 6 | Emissions information regarding insignificant activities | ||||||
| 7 | or emission levels, as determined by the Agency pursuant | ||||||
| 8 | to Board regulations, may be submitted as a list within | ||||||
| 9 | the CAAPP application. The Agency shall propose | ||||||
| 10 | regulations to the Board defining insignificant activities | ||||||
| 11 | or emission levels, consistent with federal regulations, | ||||||
| 12 | if any, no later than 18 months after the effective date of | ||||||
| 13 | Public Act 87-1213 this amendatory Act of 1992, consistent | ||||||
| 14 | with Section 112(n)(1) of the Clean Air Act. The Board | ||||||
| 15 | shall adopt final regulations defining insignificant | ||||||
| 16 | activities or emission levels no later than 9 months after | ||||||
| 17 | the date of the Agency's proposal. | ||||||
| 18 | x. The owner or operator of a new CAAPP source shall | ||||||
| 19 | submit its complete CAAPP application consistent with this | ||||||
| 20 | subsection within 12 months after commencing operation of | ||||||
| 21 | such source. The owner or operator of an existing source | ||||||
| 22 | that has been excluded from the provisions of this Section | ||||||
| 23 | under subsection 1.1 or paragraph (c) of subsection 3 of | ||||||
| 24 | this Section and that becomes subject to the CAAPP solely | ||||||
| 25 | due to a change in operation at the source shall submit its | ||||||
| 26 | complete CAAPP application consistent with this subsection | ||||||
| |||||||
| |||||||
| 1 | at least 180 days before commencing operation in | ||||||
| 2 | accordance with the change in operation. | ||||||
| 3 | y. The Agency shall have the authority to adopt | ||||||
| 4 | procedural rules, in accordance with the Illinois | ||||||
| 5 | Administrative Procedure Act, as the Agency deems | ||||||
| 6 | necessary to implement this subsection.
| ||||||
| 7 | 6. Prohibitions. | ||||||
| 8 | a. It shall be unlawful for any person to violate any | ||||||
| 9 | terms or conditions of a permit issued under this Section, | ||||||
| 10 | to operate any CAAPP source except in compliance with a | ||||||
| 11 | permit issued by the Agency under this Section or to | ||||||
| 12 | violate any other applicable requirements. All terms and | ||||||
| 13 | conditions of a permit issued under this Section are | ||||||
| 14 | enforceable by USEPA and citizens under the Clean Air Act, | ||||||
| 15 | except those, if any, that are specifically designated as | ||||||
| 16 | not being federally enforceable in the permit pursuant to | ||||||
| 17 | paragraph (m) of subsection 7 of this Section. | ||||||
| 18 | b. After the applicable CAAPP permit or renewal | ||||||
| 19 | application submittal date, as specified in subsection 5 | ||||||
| 20 | of this Section, no person shall operate a CAAPP source | ||||||
| 21 | without a CAAPP permit unless the complete CAAPP permit or | ||||||
| 22 | renewal application for such source has been timely | ||||||
| 23 | submitted to the Agency. | ||||||
| 24 | c. No owner or operator of a CAAPP source shall cause | ||||||
| 25 | or threaten or allow the continued operation of an | ||||||
| |||||||
| |||||||
| 1 | emission source during malfunction or breakdown of the | ||||||
| 2 | emission source or related air pollution control equipment | ||||||
| 3 | if such operation would cause a violation of the standards | ||||||
| 4 | or limitations applicable to the source, unless the CAAPP | ||||||
| 5 | permit granted to the source provides for such operation | ||||||
| 6 | consistent with this Act and applicable Board regulations.
| ||||||
| 7 | 7. Permit Content. | ||||||
| 8 | a. All CAAPP permits shall contain emission | ||||||
| 9 | limitations and standards and other enforceable terms and | ||||||
| 10 | conditions, including, but not limited to, operational | ||||||
| 11 | requirements, and schedules for achieving compliance at | ||||||
| 12 | the earliest reasonable date, which are or will be | ||||||
| 13 | required to accomplish the purposes and provisions of this | ||||||
| 14 | Act and to assure compliance with all applicable | ||||||
| 15 | requirements. | ||||||
| 16 | b. The Agency shall include among such conditions | ||||||
| 17 | applicable monitoring, reporting, recordkeeping, record | ||||||
| 18 | keeping and compliance certification requirements, as | ||||||
| 19 | authorized by paragraphs (d), (e), and (f) of this | ||||||
| 20 | subsection, that the Agency deems necessary to assure | ||||||
| 21 | compliance with the Clean Air Act, the regulations | ||||||
| 22 | promulgated thereunder, this Act, and applicable Board | ||||||
| 23 | regulations. When monitoring, reporting, recordkeeping | ||||||
| 24 | record keeping, and compliance certification requirements | ||||||
| 25 | are specified within the Clean Air Act, regulations | ||||||
| |||||||
| |||||||
| 1 | promulgated thereunder, this Act, or applicable | ||||||
| 2 | regulations, such requirements shall be included within | ||||||
| 3 | the CAAPP permit. The Board shall have authority to | ||||||
| 4 | promulgate additional regulations where necessary to | ||||||
| 5 | accomplish the purposes of the Clean Air Act, this Act, | ||||||
| 6 | and regulations promulgated thereunder. | ||||||
| 7 | c. The Agency shall assure, within such conditions, | ||||||
| 8 | the use of terms, test methods, units, averaging periods, | ||||||
| 9 | and other statistical conventions consistent with the | ||||||
| 10 | applicable emission limitations, standards, and other | ||||||
| 11 | requirements contained in the permit. | ||||||
| 12 | d. To meet the requirements of this subsection with | ||||||
| 13 | respect to monitoring, the permit shall: | ||||||
| 14 | i. Incorporate and identify all applicable | ||||||
| 15 | emissions monitoring and analysis procedures or test | ||||||
| 16 | methods required under the Clean Air Act, regulations | ||||||
| 17 | promulgated thereunder, this Act, and applicable Board | ||||||
| 18 | regulations, including any procedures and methods | ||||||
| 19 | promulgated by USEPA pursuant to Section 504(b) or | ||||||
| 20 | Section 114 (a)(3) of the Clean Air Act. | ||||||
| 21 | ii. Where the applicable requirement does not | ||||||
| 22 | require periodic testing or instrumental or | ||||||
| 23 | noninstrumental monitoring (which may consist of | ||||||
| 24 | recordkeeping designed to serve as monitoring), | ||||||
| 25 | require periodic monitoring sufficient to yield | ||||||
| 26 | reliable data from the relevant time period that is | ||||||
| |||||||
| |||||||
| 1 | representative of the source's compliance with the | ||||||
| 2 | permit, as reported pursuant to paragraph (f) of this | ||||||
| 3 | subsection. The Agency may determine that | ||||||
| 4 | recordkeeping requirements are sufficient to meet the | ||||||
| 5 | requirements of this subparagraph. | ||||||
| 6 | iii. As necessary, specify requirements concerning | ||||||
| 7 | the use, maintenance, and when appropriate, | ||||||
| 8 | installation of monitoring equipment or methods. | ||||||
| 9 | e. To meet the requirements of this subsection with | ||||||
| 10 | respect to recordkeeping record keeping, the permit shall | ||||||
| 11 | incorporate and identify all applicable recordkeeping | ||||||
| 12 | requirements and require, where applicable, the following: | ||||||
| 13 | i. Records of required monitoring information that | ||||||
| 14 | include the following: | ||||||
| 15 | A. The date, place and time of sampling or | ||||||
| 16 | measurements. | ||||||
| 17 | B. The date(s) analyses were performed. | ||||||
| 18 | C. The company or entity that performed the | ||||||
| 19 | analyses. | ||||||
| 20 | D. The analytical techniques or methods used. | ||||||
| 21 | E. The results of such analyses. | ||||||
| 22 | F. The operating conditions as existing at the | ||||||
| 23 | time of sampling or measurement. | ||||||
| 24 | ii. Retention of records of all monitoring data | ||||||
| 25 | and support information for a period of at least 5 | ||||||
| 26 | years from the date of the monitoring sample, | ||||||
| |||||||
| |||||||
| 1 | measurement, report, or application. Support | ||||||
| 2 | information includes all calibration and maintenance | ||||||
| 3 | records, original strip-chart recordings for | ||||||
| 4 | continuous monitoring instrumentation, and copies of | ||||||
| 5 | all reports required by the permit. | ||||||
| 6 | f. To meet the requirements of this subsection with | ||||||
| 7 | respect to reporting, the permit shall incorporate and | ||||||
| 8 | identify all applicable reporting requirements and require | ||||||
| 9 | the following: | ||||||
| 10 | i. Submittal of reports of any required monitoring | ||||||
| 11 | every 6 months. More frequent submittals may be | ||||||
| 12 | requested by the Agency if such submittals are | ||||||
| 13 | necessary to assure compliance with this Act or | ||||||
| 14 | regulations promulgated by the Board thereunder. All | ||||||
| 15 | instances of deviations from permit requirements must | ||||||
| 16 | be clearly identified in such reports. All required | ||||||
| 17 | reports must be certified by a responsible official | ||||||
| 18 | consistent with subsection 5 of this Section. | ||||||
| 19 | ii. Prompt reporting of deviations from permit | ||||||
| 20 | requirements, including those attributable to upset | ||||||
| 21 | conditions as defined in the permit, the probable | ||||||
| 22 | cause of such deviations, and any corrective actions | ||||||
| 23 | or preventive measures taken. | ||||||
| 24 | g. Each CAAPP permit issued under subsection 10 of | ||||||
| 25 | this Section shall include a condition prohibiting | ||||||
| 26 | emissions exceeding any allowances that the source | ||||||
| |||||||
| |||||||
| 1 | lawfully holds under Title IV of the Clean Air Act or the | ||||||
| 2 | regulations promulgated thereunder, consistent with | ||||||
| 3 | subsection 17 of this Section and applicable regulations, | ||||||
| 4 | if any. | ||||||
| 5 | h. All CAAPP permits shall state that, where another | ||||||
| 6 | applicable requirement of the Clean Air Act is more | ||||||
| 7 | stringent than any applicable requirement of regulations | ||||||
| 8 | promulgated under Title IV of the Clean Air Act, both | ||||||
| 9 | provisions shall be incorporated into the permit and shall | ||||||
| 10 | be State and federally enforceable. | ||||||
| 11 | i. Each CAAPP permit issued under subsection 10 of | ||||||
| 12 | this Section shall include a severability clause to ensure | ||||||
| 13 | the continued validity of the various permit requirements | ||||||
| 14 | in the event of a challenge to any portions of the permit. | ||||||
| 15 | j. The following shall apply with respect to owners or | ||||||
| 16 | operators requesting a permit shield: | ||||||
| 17 | i. The Agency shall include in a CAAPP permit, | ||||||
| 18 | when requested by an applicant pursuant to paragraph | ||||||
| 19 | (p) of subsection 5 of this Section, a provision | ||||||
| 20 | stating that compliance with the conditions of the | ||||||
| 21 | permit shall be deemed compliance with applicable | ||||||
| 22 | requirements which are applicable as of the date of | ||||||
| 23 | release of the proposed permit, provided that: | ||||||
| 24 | A. The applicable requirement is specifically | ||||||
| 25 | identified within the permit; or | ||||||
| 26 | B. The Agency in acting on the CAAPP | ||||||
| |||||||
| |||||||
| 1 | application or revision determines in writing that | ||||||
| 2 | other requirements specifically identified are not | ||||||
| 3 | applicable to the source, and the permit includes | ||||||
| 4 | that determination or a concise summary thereof. | ||||||
| 5 | ii. The permit shall identify the requirements for | ||||||
| 6 | which the source is shielded. The shield shall not | ||||||
| 7 | extend to applicable requirements which are | ||||||
| 8 | promulgated after the date of release of the proposed | ||||||
| 9 | permit unless the permit has been modified to reflect | ||||||
| 10 | such new requirements. | ||||||
| 11 | iii. A CAAPP permit which does not expressly | ||||||
| 12 | indicate the existence of a permit shield shall not | ||||||
| 13 | provide such a shield. | ||||||
| 14 | iv. Nothing in this paragraph or in a CAAPP permit | ||||||
| 15 | shall alter or affect the following: | ||||||
| 16 | A. The provisions of Section 303 (emergency | ||||||
| 17 | powers) of the Clean Air Act, including USEPA's | ||||||
| 18 | authority under that section. | ||||||
| 19 | B. The liability of an owner or operator of a | ||||||
| 20 | source for any violation of applicable | ||||||
| 21 | requirements prior to or at the time of permit | ||||||
| 22 | issuance. | ||||||
| 23 | C. The applicable requirements of the acid | ||||||
| 24 | rain program consistent with Section 408(a) of the | ||||||
| 25 | Clean Air Act. | ||||||
| 26 | D. The ability of USEPA to obtain information | ||||||
| |||||||
| |||||||
| 1 | from a source pursuant to Section 114 | ||||||
| 2 | (inspections, monitoring, and entry) of the Clean | ||||||
| 3 | Air Act. | ||||||
| 4 | k. Each CAAPP permit shall include an emergency | ||||||
| 5 | provision providing an affirmative defense of emergency to | ||||||
| 6 | an action brought for noncompliance with technology-based | ||||||
| 7 | emission limitations under a CAAPP permit if the following | ||||||
| 8 | conditions are met through properly signed, | ||||||
| 9 | contemporaneous operating logs, or other relevant | ||||||
| 10 | evidence: | ||||||
| 11 | i. An emergency occurred and the permittee can | ||||||
| 12 | identify the cause(s) of the emergency. | ||||||
| 13 | ii. The permitted facility was at the time being | ||||||
| 14 | properly operated. | ||||||
| 15 | iii. The permittee submitted notice of the | ||||||
| 16 | emergency to the Agency within 2 working days after | ||||||
| 17 | the time when emission limitations were exceeded due | ||||||
| 18 | to the emergency. This notice must contain a detailed | ||||||
| 19 | description of the emergency, any steps taken to | ||||||
| 20 | mitigate emissions, and corrective actions taken. | ||||||
| 21 | iv. During the period of the emergency the | ||||||
| 22 | permittee took all reasonable steps to minimize levels | ||||||
| 23 | of emissions that exceeded the emission limitations, | ||||||
| 24 | standards, or requirements in the permit. | ||||||
| 25 | For purposes of this subsection, "emergency" means any | ||||||
| 26 | situation arising from sudden and reasonably unforeseeable | ||||||
| |||||||
| |||||||
| 1 | events beyond the control of the source, such as an act of | ||||||
| 2 | God, that requires immediate corrective action to restore | ||||||
| 3 | normal operation, and that causes the source to exceed a | ||||||
| 4 | technology-based emission limitation under the permit, due | ||||||
| 5 | to unavoidable increases in emissions attributable to the | ||||||
| 6 | emergency. An emergency shall not include noncompliance to | ||||||
| 7 | the extent caused by improperly designed equipment, lack | ||||||
| 8 | of preventative maintenance, careless or improper | ||||||
| 9 | operation, or operation error. | ||||||
| 10 | In any enforcement proceeding, the permittee seeking | ||||||
| 11 | to establish the occurrence of an emergency has the burden | ||||||
| 12 | of proof. This provision is in addition to any emergency | ||||||
| 13 | or upset provision contained in any applicable | ||||||
| 14 | requirement. This provision does not relieve a permittee | ||||||
| 15 | of any reporting obligations under existing federal or | ||||||
| 16 | state laws or regulations. | ||||||
| 17 | l. The Agency shall include in each permit issued | ||||||
| 18 | under subsection 10 of this Section: | ||||||
| 19 | i. Terms and conditions for reasonably anticipated | ||||||
| 20 | operating scenarios identified by the source in its | ||||||
| 21 | application. The permit terms and conditions for each | ||||||
| 22 | such operating scenario shall meet all applicable | ||||||
| 23 | requirements and the requirements of this Section. | ||||||
| 24 | A. Under this subparagraph, the source must | ||||||
| 25 | record in a log at the permitted facility a record | ||||||
| 26 | of the scenario under which it is operating | ||||||
| |||||||
| |||||||
| 1 | contemporaneously with making a change from one | ||||||
| 2 | operating scenario to another. | ||||||
| 3 | B. The permit shield described in paragraph | ||||||
| 4 | (j) of subsection 7 of this Section shall extend | ||||||
| 5 | to all terms and conditions under each such | ||||||
| 6 | operating scenario. | ||||||
| 7 | ii. Where requested by an applicant, all terms and | ||||||
| 8 | conditions allowing for trading of emissions increases | ||||||
| 9 | and decreases between different emission units at the | ||||||
| 10 | CAAPP source, to the extent that the applicable | ||||||
| 11 | requirements provide for trading of such emissions | ||||||
| 12 | increases and decreases without a case-by-case | ||||||
| 13 | approval of each emissions trade. Such terms and | ||||||
| 14 | conditions: | ||||||
| 15 | A. Shall include all terms required under this | ||||||
| 16 | subsection to determine compliance; | ||||||
| 17 | B. Must meet all applicable requirements; | ||||||
| 18 | C. Shall extend the permit shield described in | ||||||
| 19 | paragraph (j) of subsection 7 of this Section to | ||||||
| 20 | all terms and conditions that allow such increases | ||||||
| 21 | and decreases in emissions. | ||||||
| 22 | m. The Agency shall specifically designate as not | ||||||
| 23 | being federally enforceable under the Clean Air Act any | ||||||
| 24 | terms and conditions included in the permit that are not | ||||||
| 25 | specifically required under the Clean Air Act or federal | ||||||
| 26 | regulations promulgated thereunder. Terms or conditions so | ||||||
| |||||||
| |||||||
| 1 | designated shall be subject to all applicable State | ||||||
| 2 | requirements, except the requirements of subsection 7 | ||||||
| 3 | (other than this paragraph, paragraph q of subsection 7, | ||||||
| 4 | subsections 8 through 11, and subsections 13 through 16 of | ||||||
| 5 | this Section). The Agency shall, however, include such | ||||||
| 6 | terms and conditions in the CAAPP permit issued to the | ||||||
| 7 | source. | ||||||
| 8 | n. Each CAAPP permit issued under subsection 10 of | ||||||
| 9 | this Section shall specify and reference the origin of and | ||||||
| 10 | authority for each term or condition, and identify any | ||||||
| 11 | difference in form as compared to the applicable | ||||||
| 12 | requirement upon which the term or condition is based. | ||||||
| 13 | o. Each CAAPP permit issued under subsection 10 of | ||||||
| 14 | this Section shall include provisions stating the | ||||||
| 15 | following: | ||||||
| 16 | i. Duty to comply. The permittee must comply with | ||||||
| 17 | all terms and conditions of the CAAPP permit. Any | ||||||
| 18 | permit noncompliance constitutes a violation of the | ||||||
| 19 | Clean Air Act and the Act, and is grounds for any or | ||||||
| 20 | all of the following: enforcement action; permit | ||||||
| 21 | termination, revocation and reissuance, or | ||||||
| 22 | modification; or denial of a permit renewal | ||||||
| 23 | application. | ||||||
| 24 | ii. Need to halt or reduce activity not a defense. | ||||||
| 25 | It shall not be a defense for a permittee in an | ||||||
| 26 | enforcement action that it would have been necessary | ||||||
| |||||||
| |||||||
| 1 | to halt or reduce the permitted activity in order to | ||||||
| 2 | maintain compliance with the conditions of this | ||||||
| 3 | permit. | ||||||
| 4 | iii. Permit actions. The permit may be modified, | ||||||
| 5 | revoked, reopened, and reissued, or terminated for | ||||||
| 6 | cause in accordance with the applicable subsections of | ||||||
| 7 | this Section 39.5 of this Act. The filing of a request | ||||||
| 8 | by the permittee for a permit modification, revocation | ||||||
| 9 | and reissuance, or termination, or of a notification | ||||||
| 10 | of planned changes or anticipated noncompliance does | ||||||
| 11 | not stay any permit condition. | ||||||
| 12 | iv. Property rights. The permit does not convey | ||||||
| 13 | any property rights of any sort, or any exclusive | ||||||
| 14 | privilege. | ||||||
| 15 | v. Duty to provide information. The permittee | ||||||
| 16 | shall furnish to the Agency within a reasonable time | ||||||
| 17 | specified by the Agency any information that the | ||||||
| 18 | Agency may request in writing to determine whether | ||||||
| 19 | cause exists for modifying, revoking and reissuing, or | ||||||
| 20 | terminating the permit or to determine compliance with | ||||||
| 21 | the permit. Upon request, the permittee shall also | ||||||
| 22 | furnish to the Agency copies of records required to be | ||||||
| 23 | kept by the permit or, for information claimed to be | ||||||
| 24 | confidential, the permittee may furnish such records | ||||||
| 25 | directly to USEPA along with a claim of | ||||||
| 26 | confidentiality. | ||||||
| |||||||
| |||||||
| 1 | vi. Duty to pay fees. The permittee must pay fees | ||||||
| 2 | to the Agency consistent with the fee schedule | ||||||
| 3 | approved pursuant to subsection 18 of this Section, | ||||||
| 4 | and submit any information relevant thereto. | ||||||
| 5 | vii. Emissions trading. No permit revision shall | ||||||
| 6 | be required for increases in emissions allowed under | ||||||
| 7 | any approved economic incentives, marketable permits, | ||||||
| 8 | emissions trading, and other similar programs or | ||||||
| 9 | processes for changes that are provided for in the | ||||||
| 10 | permit and that are authorized by the applicable | ||||||
| 11 | requirement. | ||||||
| 12 | p. Each CAAPP permit issued under subsection 10 of | ||||||
| 13 | this Section shall contain the following elements with | ||||||
| 14 | respect to compliance: | ||||||
| 15 | i. Compliance certification, testing, monitoring, | ||||||
| 16 | reporting, and recordkeeping record keeping | ||||||
| 17 | requirements sufficient to assure compliance with the | ||||||
| 18 | terms and conditions of the permit. Any document | ||||||
| 19 | (including reports) required by a CAAPP permit shall | ||||||
| 20 | contain a certification by a responsible official that | ||||||
| 21 | meets the requirements of subsection 5 of this Section | ||||||
| 22 | and applicable regulations. | ||||||
| 23 | ii. Inspection and entry requirements that | ||||||
| 24 | necessitate that, upon presentation of credentials and | ||||||
| 25 | other documents as may be required by law and in | ||||||
| 26 | accordance with constitutional limitations, the | ||||||
| |||||||
| |||||||
| 1 | permittee shall allow the Agency, or an authorized | ||||||
| 2 | representative to perform the following: | ||||||
| 3 | A. Enter upon the permittee's premises where a | ||||||
| 4 | CAAPP source is located or emissions-related | ||||||
| 5 | activity is conducted, or where records must be | ||||||
| 6 | kept under the conditions of the permit. | ||||||
| 7 | B. Have access to and copy, at reasonable | ||||||
| 8 | times, any records that must be kept under the | ||||||
| 9 | conditions of the permit. | ||||||
| 10 | C. Inspect at reasonable times any facilities, | ||||||
| 11 | equipment (including monitoring and air pollution | ||||||
| 12 | control equipment), practices, or operations | ||||||
| 13 | regulated or required under the permit. | ||||||
| 14 | D. Sample or monitor any substances or | ||||||
| 15 | parameters at any location: | ||||||
| 16 | 1. As authorized by the Clean Air Act, at | ||||||
| 17 | reasonable times, for the purposes of assuring | ||||||
| 18 | compliance with the CAAPP permit or applicable | ||||||
| 19 | requirements; or | ||||||
| 20 | 2. As otherwise authorized by this Act. | ||||||
| 21 | iii. A schedule of compliance consistent with | ||||||
| 22 | subsection 5 of this Section and applicable | ||||||
| 23 | regulations. | ||||||
| 24 | iv. Progress reports consistent with an applicable | ||||||
| 25 | schedule of compliance pursuant to paragraph (d) of | ||||||
| 26 | subsection 5 of this Section and applicable | ||||||
| |||||||
| |||||||
| 1 | regulations to be submitted semiannually, or more | ||||||
| 2 | frequently if the Agency determines that such more | ||||||
| 3 | frequent submittals are necessary for compliance with | ||||||
| 4 | the Act or regulations promulgated by the Board | ||||||
| 5 | thereunder. Such progress reports shall contain the | ||||||
| 6 | following: | ||||||
| 7 | A. Required dates for achieving the | ||||||
| 8 | activities, milestones, or compliance required by | ||||||
| 9 | the schedule of compliance and dates when such | ||||||
| 10 | activities, milestones, or compliance were | ||||||
| 11 | achieved. | ||||||
| 12 | B. An explanation of why any dates in the | ||||||
| 13 | schedule of compliance were not or will not be | ||||||
| 14 | met, and any preventive or corrective measures | ||||||
| 15 | adopted. | ||||||
| 16 | v. Requirements for compliance certification with | ||||||
| 17 | terms and conditions contained in the permit, | ||||||
| 18 | including emission limitations, standards, or work | ||||||
| 19 | practices. Permits shall include each of the | ||||||
| 20 | following: | ||||||
| 21 | A. The frequency (annually or more frequently | ||||||
| 22 | as specified in any applicable requirement or by | ||||||
| 23 | the Agency pursuant to written procedures) of | ||||||
| 24 | submissions of compliance certifications. | ||||||
| 25 | B. A means for assessing or monitoring the | ||||||
| 26 | compliance of the source with its emissions | ||||||
| |||||||
| |||||||
| 1 | limitations, standards, and work practices. | ||||||
| 2 | C. A requirement that the compliance | ||||||
| 3 | certification include the following: | ||||||
| 4 | 1. The identification of each term or | ||||||
| 5 | condition contained in the permit that is the | ||||||
| 6 | basis of the certification. | ||||||
| 7 | 2. The compliance status. | ||||||
| 8 | 3. Whether compliance was continuous or | ||||||
| 9 | intermittent. | ||||||
| 10 | 4. The method(s) used for determining the | ||||||
| 11 | compliance status of the source, both | ||||||
| 12 | currently and over the reporting period | ||||||
| 13 | consistent with subsection 7 of this Section. | ||||||
| 14 | D. A requirement that all compliance | ||||||
| 15 | certifications be submitted to the Agency. | ||||||
| 16 | E. Additional requirements as may be specified | ||||||
| 17 | pursuant to Sections 114(a)(3) and 504(b) of the | ||||||
| 18 | Clean Air Act. | ||||||
| 19 | F. Other provisions as the Agency may require. | ||||||
| 20 | q. If the owner or operator of CAAPP source can | ||||||
| 21 | demonstrate in its CAAPP application, including an | ||||||
| 22 | application for a significant modification, that an | ||||||
| 23 | alternative emission limit would be equivalent to that | ||||||
| 24 | contained in the applicable Board regulations, the Agency | ||||||
| 25 | shall include the alternative emission limit in the CAAPP | ||||||
| 26 | permit, which shall supersede the emission limit set forth | ||||||
| |||||||
| |||||||
| 1 | in the applicable Board regulations, and shall include | ||||||
| 2 | conditions that insure that the resulting emission limit | ||||||
| 3 | is quantifiable, accountable, enforceable, and based on | ||||||
| 4 | replicable procedures.
| ||||||
| 5 | 8. Public Notice; Affected State Review. | ||||||
| 6 | a. The Agency shall provide notice to the public, | ||||||
| 7 | including an opportunity for public comment and a hearing, | ||||||
| 8 | on each draft CAAPP permit for issuance, renewal, or | ||||||
| 9 | significant modification, subject to Section 7.1 and | ||||||
| 10 | subsection (a) of Section 7 of this Act. | ||||||
| 11 | b. The Agency shall prepare a draft CAAPP permit and a | ||||||
| 12 | statement that sets forth the legal and factual basis for | ||||||
| 13 | the draft CAAPP permit conditions, including references to | ||||||
| 14 | the applicable statutory or regulatory provisions. The | ||||||
| 15 | Agency shall provide this statement to any person who | ||||||
| 16 | requests it. | ||||||
| 17 | c. The Agency shall give notice of each draft CAAPP | ||||||
| 18 | permit to the applicant and to any affected State on or | ||||||
| 19 | before the time that the Agency has provided notice to the | ||||||
| 20 | public, except as otherwise provided in this Act. | ||||||
| 21 | d. The Agency, as part of its submittal of a proposed | ||||||
| 22 | permit to USEPA (or as soon as possible after the | ||||||
| 23 | submittal for minor permit modification procedures allowed | ||||||
| 24 | under subsection 14 of this Section), shall notify USEPA | ||||||
| 25 | and any affected State in writing of any refusal of the | ||||||
| |||||||
| |||||||
| 1 | Agency to accept all of the recommendations for the | ||||||
| 2 | proposed permit that an affected State submitted during | ||||||
| 3 | the public or affected State review period. The notice | ||||||
| 4 | shall include the Agency's reasons for not accepting the | ||||||
| 5 | recommendations. The Agency is not required to accept | ||||||
| 6 | recommendations that are not based on applicable | ||||||
| 7 | requirements or the requirements of this Section. | ||||||
| 8 | e. The Agency shall make available to the public any | ||||||
| 9 | CAAPP permit application, compliance plan (including the | ||||||
| 10 | schedule of compliance), CAAPP permit, and emissions or | ||||||
| 11 | compliance monitoring report. If an owner or operator of a | ||||||
| 12 | CAAPP source is required to submit information entitled to | ||||||
| 13 | protection from disclosure under Section 7.1 and | ||||||
| 14 | subsection (a) of Section 7 of this Act, the owner or | ||||||
| 15 | operator shall submit such information separately. The | ||||||
| 16 | requirements of Section 7.1 and subsection (a) of Section | ||||||
| 17 | 7 of this Act shall apply to such information, which shall | ||||||
| 18 | not be included in a CAAPP permit unless required by law. | ||||||
| 19 | The contents of a CAAPP permit shall not be entitled to | ||||||
| 20 | protection under Section 7.1 and subsection (a) of Section | ||||||
| 21 | 7 of this Act. | ||||||
| 22 | f. The Agency shall have the authority to adopt | ||||||
| 23 | procedural rules, in accordance with the Illinois | ||||||
| 24 | Administrative Procedure Act, as the Agency deems | ||||||
| 25 | necessary, to implement this subsection. | ||||||
| 26 | g. If requested by the permit applicant, the Agency | ||||||
| |||||||
| |||||||
| 1 | shall provide the permit applicant with a copy of the | ||||||
| 2 | draft CAAPP permit prior to any public review period. If | ||||||
| 3 | requested by the permit applicant, the Agency shall | ||||||
| 4 | provide the permit applicant with a copy of the final | ||||||
| 5 | CAAPP permit prior to issuance of the CAAPP permit.
| ||||||
| 6 | 9. USEPA Notice and Objection. | ||||||
| 7 | a. The Agency shall provide to USEPA for its review a | ||||||
| 8 | copy of each CAAPP application (including any application | ||||||
| 9 | for permit modification), statement of basis as provided | ||||||
| 10 | in paragraph (b) of subsection 8 of this Section, proposed | ||||||
| 11 | CAAPP permit, CAAPP permit, and, if the Agency does not | ||||||
| 12 | incorporate any affected State's recommendations on a | ||||||
| 13 | proposed CAAPP permit, a written statement of this | ||||||
| 14 | decision and its reasons for not accepting the | ||||||
| 15 | recommendations, except as otherwise provided in this Act | ||||||
| 16 | or by agreement with USEPA. To the extent practicable, the | ||||||
| 17 | preceding information shall be provided in computer | ||||||
| 18 | readable format compatible with USEPA's national database | ||||||
| 19 | management system. | ||||||
| 20 | b. The Agency shall not issue the proposed CAAPP | ||||||
| 21 | permit if USEPA objects in writing within 45 days after | ||||||
| 22 | receipt of the proposed CAAPP permit and all necessary | ||||||
| 23 | supporting information. | ||||||
| 24 | c. If USEPA objects in writing to the issuance of the | ||||||
| 25 | proposed CAAPP permit within the 45-day period, the Agency | ||||||
| |||||||
| |||||||
| 1 | shall respond in writing and may revise and resubmit the | ||||||
| 2 | proposed CAAPP permit in response to the stated objection, | ||||||
| 3 | to the extent supported by the record, within 90 days | ||||||
| 4 | after the date of the objection. Prior to submitting a | ||||||
| 5 | revised permit to USEPA, the Agency shall provide the | ||||||
| 6 | applicant and any person who participated in the public | ||||||
| 7 | comment process, pursuant to subsection 8 of this Section, | ||||||
| 8 | with a 10-day period to comment on any revision which the | ||||||
| 9 | Agency is proposing to make to the permit in response to | ||||||
| 10 | USEPA's objection in accordance with Agency procedures. | ||||||
| 11 | d. Any USEPA objection under this subsection, | ||||||
| 12 | according to the Clean Air Act, will include a statement | ||||||
| 13 | of reasons for the objection and a description of the | ||||||
| 14 | terms and conditions that must be in the permit, in order | ||||||
| 15 | to adequately respond to the objections. Grounds for a | ||||||
| 16 | USEPA objection include the failure of the Agency to: (1) | ||||||
| 17 | submit the items and notices required under this | ||||||
| 18 | subsection; (2) submit any other information necessary to | ||||||
| 19 | adequately review the proposed CAAPP permit; or (3) | ||||||
| 20 | process the permit under subsection 8 of this Section | ||||||
| 21 | except for minor permit modifications. | ||||||
| 22 | e. If USEPA does not object in writing to issuance of a | ||||||
| 23 | permit under this subsection, any person may petition | ||||||
| 24 | USEPA within 60 days after expiration of the 45-day review | ||||||
| 25 | period to make such objection. | ||||||
| 26 | f. If the permit has not yet been issued and USEPA | ||||||
| |||||||
| |||||||
| 1 | objects to the permit as a result of a petition, the Agency | ||||||
| 2 | shall not issue the permit until USEPA's objection has | ||||||
| 3 | been resolved. The Agency shall provide a 10-day comment | ||||||
| 4 | period in accordance with paragraph c of this subsection. | ||||||
| 5 | A petition does not, however, stay the effectiveness of a | ||||||
| 6 | permit or its requirements if the permit was issued after | ||||||
| 7 | expiration of the 45-day review period and prior to a | ||||||
| 8 | USEPA objection. | ||||||
| 9 | g. If the Agency has issued a permit after expiration | ||||||
| 10 | of the 45-day review period and prior to receipt of a USEPA | ||||||
| 11 | objection under this subsection in response to a petition | ||||||
| 12 | submitted pursuant to paragraph e of this subsection, the | ||||||
| 13 | Agency may, upon receipt of an objection from USEPA, | ||||||
| 14 | revise and resubmit the permit to USEPA pursuant to this | ||||||
| 15 | subsection after providing a 10-day comment period in | ||||||
| 16 | accordance with paragraph c of this subsection. If the | ||||||
| 17 | Agency fails to submit a revised permit in response to the | ||||||
| 18 | objection, USEPA shall modify, terminate, or revoke the | ||||||
| 19 | permit. In any case, the source will not be in violation of | ||||||
| 20 | the requirement to have submitted a timely and complete | ||||||
| 21 | application. | ||||||
| 22 | h. The Agency shall have the authority to adopt | ||||||
| 23 | procedural rules, in accordance with the Illinois | ||||||
| 24 | Administrative Procedure Act, as the Agency deems | ||||||
| 25 | necessary, to implement this subsection.
| ||||||
| |||||||
| |||||||
| 1 | 10. Final Agency Action. | ||||||
| 2 | a. The Agency shall issue a CAAPP permit, permit | ||||||
| 3 | modification, or permit renewal if all of the following | ||||||
| 4 | conditions are met: | ||||||
| 5 | i. The applicant has submitted a complete and | ||||||
| 6 | certified application for a permit, permit | ||||||
| 7 | modification, or permit renewal consistent with | ||||||
| 8 | subsections 5 and 14 of this Section, as applicable, | ||||||
| 9 | and applicable regulations. | ||||||
| 10 | ii. The applicant has submitted with its complete | ||||||
| 11 | application an approvable compliance plan, including a | ||||||
| 12 | schedule for achieving compliance, consistent with | ||||||
| 13 | subsection 5 of this Section and applicable | ||||||
| 14 | regulations. | ||||||
| 15 | iii. The applicant has timely paid the fees | ||||||
| 16 | required pursuant to subsection 18 of this Section and | ||||||
| 17 | applicable regulations. | ||||||
| 18 | iv. The Agency has received a complete CAAPP | ||||||
| 19 | application and, if necessary, has requested and | ||||||
| 20 | received additional information from the applicant | ||||||
| 21 | consistent with subsection 5 of this Section and | ||||||
| 22 | applicable regulations. | ||||||
| 23 | v. The Agency has complied with all applicable | ||||||
| 24 | provisions regarding public notice and affected State | ||||||
| 25 | review consistent with subsection 8 of this Section | ||||||
| 26 | and applicable regulations. | ||||||
| |||||||
| |||||||
| 1 | vi. The Agency has provided a copy of each CAAPP | ||||||
| 2 | application, or summary thereof, pursuant to agreement | ||||||
| 3 | with USEPA and proposed CAAPP permit required under | ||||||
| 4 | subsection 9 of this Section to USEPA, and USEPA has | ||||||
| 5 | not objected to the issuance of the permit in | ||||||
| 6 | accordance with the Clean Air Act and 40 CFR Part 70. | ||||||
| 7 | b. The Agency shall have the authority to deny a CAAPP | ||||||
| 8 | permit, permit modification, or permit renewal if the | ||||||
| 9 | applicant has not complied with the requirements of | ||||||
| 10 | subparagraphs (i) through (iv) of paragraph (a) of this | ||||||
| 11 | subsection or if USEPA objects to its issuance. | ||||||
| 12 | c. i. Prior to denial of a CAAPP permit, permit | ||||||
| 13 | modification, or permit renewal under this Section, | ||||||
| 14 | the Agency shall notify the applicant of the possible | ||||||
| 15 | denial and the reasons for the denial. | ||||||
| 16 | ii. Within such notice, the Agency shall specify | ||||||
| 17 | an appropriate date by which the applicant shall | ||||||
| 18 | adequately respond to the Agency's notice. Such date | ||||||
| 19 | shall not exceed 15 days from the date the | ||||||
| 20 | notification is received by the applicant. The Agency | ||||||
| 21 | may grant a reasonable extension for good cause shown. | ||||||
| 22 | iii. Failure by the applicant to adequately | ||||||
| 23 | respond by the date specified in the notification or | ||||||
| 24 | by any granted extension date shall be grounds for | ||||||
| 25 | denial of the permit. | ||||||
| 26 | For purposes of obtaining judicial review under | ||||||
| |||||||
| |||||||
| 1 | Sections 40.2 and 41 of this Act, the Agency shall | ||||||
| 2 | provide to USEPA and each applicant, and, upon | ||||||
| 3 | request, to affected States, any person who | ||||||
| 4 | participated in the public comment process, and any | ||||||
| 5 | other person who could obtain judicial review under | ||||||
| 6 | Sections 40.2 and 41 of this Act, a copy of each CAAPP | ||||||
| 7 | permit or notification of denial pertaining to that | ||||||
| 8 | party. | ||||||
| 9 | d. The Agency shall have the authority to adopt | ||||||
| 10 | procedural rules, in accordance with the Illinois | ||||||
| 11 | Administrative Procedure Act, as the Agency deems | ||||||
| 12 | necessary, to implement this subsection.
| ||||||
| 13 | 11. General Permits. | ||||||
| 14 | a. The Agency may issue a general permit covering | ||||||
| 15 | numerous similar sources, except for affected sources for | ||||||
| 16 | acid deposition unless otherwise provided in regulations | ||||||
| 17 | promulgated under Title IV of the Clean Air Act. | ||||||
| 18 | b. The Agency shall identify, in any general permit, | ||||||
| 19 | criteria by which sources may qualify for the general | ||||||
| 20 | permit. | ||||||
| 21 | c. CAAPP sources that would qualify for a general | ||||||
| 22 | permit must apply for coverage under the terms of the | ||||||
| 23 | general permit or must apply for a CAAPP permit consistent | ||||||
| 24 | with subsection 5 of this Section and applicable | ||||||
| 25 | regulations. | ||||||
| |||||||
| |||||||
| 1 | d. The Agency shall comply with the public comment and | ||||||
| 2 | hearing provisions of this Section as well as the USEPA | ||||||
| 3 | and affected State review procedures prior to issuance of | ||||||
| 4 | a general permit. | ||||||
| 5 | e. When granting a subsequent request by a qualifying | ||||||
| 6 | CAAPP source for coverage under the terms of a general | ||||||
| 7 | permit, the Agency shall not be required to repeat the | ||||||
| 8 | public notice and comment procedures. The granting of such | ||||||
| 9 | request shall not be considered a final permit action for | ||||||
| 10 | purposes of judicial review. | ||||||
| 11 | f. The Agency may not issue a general permit to cover | ||||||
| 12 | any discrete emission unit at a CAAPP source if another | ||||||
| 13 | CAAPP permit covers emission units at the source. | ||||||
| 14 | g. The Agency shall have the authority to adopt | ||||||
| 15 | procedural rules, in accordance with the Illinois | ||||||
| 16 | Administrative Procedure Act, as the Agency deems | ||||||
| 17 | necessary, to implement this subsection.
| ||||||
| 18 | 12. Operational Flexibility. | ||||||
| 19 | a. An owner or operator of a CAAPP source may make | ||||||
| 20 | changes at the CAAPP source without requiring a prior | ||||||
| 21 | permit revision, consistent with subparagraphs (i) through | ||||||
| 22 | (iii) of paragraph (a) of this subsection, so long as the | ||||||
| 23 | changes are not modifications under any provision of Title | ||||||
| 24 | I of the Clean Air Act and they do not exceed the emissions | ||||||
| 25 | allowable under the permit (whether expressed therein as a | ||||||
| |||||||
| |||||||
| 1 | rate of emissions or in terms of total emissions), | ||||||
| 2 | provided that the owner or operator of the CAAPP source | ||||||
| 3 | provides USEPA and the Agency with written notification as | ||||||
| 4 | required below in advance of the proposed changes, which | ||||||
| 5 | shall be a minimum of 7 days, unless otherwise provided by | ||||||
| 6 | the Agency in applicable regulations regarding | ||||||
| 7 | emergencies. The owner or operator of a CAAPP source and | ||||||
| 8 | the Agency shall each attach such notice to their copy of | ||||||
| 9 | the relevant permit. | ||||||
| 10 | i. An owner or operator of a CAAPP source may make | ||||||
| 11 | Section 502 (b) (10) changes without a permit | ||||||
| 12 | revision, if the changes are not modifications under | ||||||
| 13 | any provision of Title I of the Clean Air Act and the | ||||||
| 14 | changes do not exceed the emissions allowable under | ||||||
| 15 | the permit (whether expressed therein as a rate of | ||||||
| 16 | emissions or in terms of total emissions). | ||||||
| 17 | A. For each such change, the written | ||||||
| 18 | notification required above shall include a brief | ||||||
| 19 | description of the change within the source, the | ||||||
| 20 | date on which the change will occur, any change in | ||||||
| 21 | emissions, and any permit term or condition that | ||||||
| 22 | is no longer applicable as a result of the change. | ||||||
| 23 | B. The permit shield described in paragraph | ||||||
| 24 | (j) of subsection 7 of this Section shall not | ||||||
| 25 | apply to any change made pursuant to this | ||||||
| 26 | subparagraph. | ||||||
| |||||||
| |||||||
| 1 | ii. An owner or operator of a CAAPP source may | ||||||
| 2 | trade increases and decreases in emissions in the | ||||||
| 3 | CAAPP source, where the applicable implementation plan | ||||||
| 4 | provides for such emission trades without requiring a | ||||||
| 5 | permit revision. This provision is available in those | ||||||
| 6 | cases where the permit does not already provide for | ||||||
| 7 | such emissions trading. | ||||||
| 8 | A. Under this subparagraph (ii) of paragraph | ||||||
| 9 | (a) of this subsection, the written notification | ||||||
| 10 | required above shall include such information as | ||||||
| 11 | may be required by the provision in the applicable | ||||||
| 12 | implementation plan authorizing the emissions | ||||||
| 13 | trade, including, at a minimum, when the proposed | ||||||
| 14 | changes will occur, a description of each such | ||||||
| 15 | change, any change in emissions, the permit | ||||||
| 16 | requirements with which the source will comply | ||||||
| 17 | using the emissions trading provisions of the | ||||||
| 18 | applicable implementation plan, and the pollutants | ||||||
| 19 | emitted subject to the emissions trade. The notice | ||||||
| 20 | shall also refer to the provisions in the | ||||||
| 21 | applicable implementation plan with which the | ||||||
| 22 | source will comply and provide for the emissions | ||||||
| 23 | trade. | ||||||
| 24 | B. The permit shield described in paragraph | ||||||
| 25 | (j) of subsection 7 of this Section shall not | ||||||
| 26 | apply to any change made pursuant to subparagraph | ||||||
| |||||||
| |||||||
| 1 | (ii) of paragraph (a) of this subsection. | ||||||
| 2 | Compliance with the permit requirements that the | ||||||
| 3 | source will meet using the emissions trade shall | ||||||
| 4 | be determined according to the requirements of the | ||||||
| 5 | applicable implementation plan authorizing the | ||||||
| 6 | emissions trade. | ||||||
| 7 | iii. If requested within a CAAPP application, the | ||||||
| 8 | Agency shall issue a CAAPP permit which contains terms | ||||||
| 9 | and conditions, including all terms required under | ||||||
| 10 | subsection 7 of this Section to determine compliance, | ||||||
| 11 | allowing for the trading of emissions increases and | ||||||
| 12 | decreases at the CAAPP source solely for the purpose | ||||||
| 13 | of complying with a federally enforceable | ||||||
| 14 | federally-enforceable emissions cap that is | ||||||
| 15 | established in the permit independent of otherwise | ||||||
| 16 | applicable requirements. The owner or operator of a | ||||||
| 17 | CAAPP source shall include in its CAAPP application | ||||||
| 18 | proposed replicable procedures and permit terms that | ||||||
| 19 | ensure the emissions trades are quantifiable and | ||||||
| 20 | enforceable. The permit shall also require compliance | ||||||
| 21 | with all applicable requirements. | ||||||
| 22 | A. Under this subparagraph (iii) of paragraph | ||||||
| 23 | (a), the written notification required above shall | ||||||
| 24 | state when the change will occur and shall | ||||||
| 25 | describe the changes in emissions that will result | ||||||
| 26 | and how these increases and decreases in emissions | ||||||
| |||||||
| |||||||
| 1 | will comply with the terms and conditions of the | ||||||
| 2 | permit. | ||||||
| 3 | B. The permit shield described in paragraph | ||||||
| 4 | (j) of subsection 7 of this Section shall extend | ||||||
| 5 | to terms and conditions that allow such increases | ||||||
| 6 | and decreases in emissions. | ||||||
| 7 | b. An owner or operator of a CAAPP source may make | ||||||
| 8 | changes that are not addressed or prohibited by the | ||||||
| 9 | permit, other than those which are subject to any | ||||||
| 10 | requirements under Title IV of the Clean Air Act or are | ||||||
| 11 | modifications under any provisions of Title I of the Clean | ||||||
| 12 | Air Act, without a permit revision, in accordance with the | ||||||
| 13 | following requirements: | ||||||
| 14 | (i) Each such change shall meet all applicable | ||||||
| 15 | requirements and shall not violate any existing permit | ||||||
| 16 | term or condition; | ||||||
| 17 | (ii) Sources must provide contemporaneous written | ||||||
| 18 | notice to the Agency and USEPA of each such change, | ||||||
| 19 | except for changes that qualify as insignificant under | ||||||
| 20 | provisions adopted by the Agency or the Board. Such | ||||||
| 21 | written notice shall describe each such change, | ||||||
| 22 | including the date, any change in emissions, | ||||||
| 23 | pollutants emitted, and any applicable requirement | ||||||
| 24 | that would apply as a result of the change; | ||||||
| 25 | (iii) The change shall not qualify for the shield | ||||||
| 26 | described in paragraph (j) of subsection 7 of this | ||||||
| |||||||
| |||||||
| 1 | Section; and | ||||||
| 2 | (iv) The permittee shall keep a record describing | ||||||
| 3 | changes made at the source that result in emissions of | ||||||
| 4 | a regulated air pollutant subject to an applicable | ||||||
| 5 | Clean Air Act requirement, but not otherwise regulated | ||||||
| 6 | under the permit, and the emissions resulting from | ||||||
| 7 | those changes. | ||||||
| 8 | c. The Agency shall have the authority to adopt | ||||||
| 9 | procedural rules, in accordance with the Illinois | ||||||
| 10 | Administrative Procedure Act, as the Agency deems | ||||||
| 11 | necessary to implement this subsection.
| ||||||
| 12 | 13. Administrative Permit Amendments. | ||||||
| 13 | a. The Agency shall take final action on a request for | ||||||
| 14 | an administrative permit amendment within 60 days after | ||||||
| 15 | receipt of the request. Neither notice nor an opportunity | ||||||
| 16 | for public and affected State comment shall be required | ||||||
| 17 | for the Agency to incorporate such revisions, provided it | ||||||
| 18 | designates the permit revisions as having been made | ||||||
| 19 | pursuant to this subsection. | ||||||
| 20 | b. The Agency shall submit a copy of the revised | ||||||
| 21 | permit to USEPA. | ||||||
| 22 | c. For purposes of this Section the term | ||||||
| 23 | "administrative permit amendment" shall be defined as a | ||||||
| 24 | permit revision that can accomplish one or more of the | ||||||
| 25 | changes described below: | ||||||
| |||||||
| |||||||
| 1 | i. Corrects typographical errors; | ||||||
| 2 | ii. Identifies a change in the name, address, or | ||||||
| 3 | phone number of any person identified in the permit, | ||||||
| 4 | or provides a similar minor administrative change at | ||||||
| 5 | the source; | ||||||
| 6 | iii. Requires more frequent monitoring or | ||||||
| 7 | reporting by the permittee; | ||||||
| 8 | iv. Allows for a change in ownership or | ||||||
| 9 | operational control of a source where the Agency | ||||||
| 10 | determines that no other change in the permit is | ||||||
| 11 | necessary, provided that a written agreement | ||||||
| 12 | containing a specific date for transfer of permit | ||||||
| 13 | responsibility, coverage, and liability between the | ||||||
| 14 | current and new permittees has been submitted to the | ||||||
| 15 | Agency; | ||||||
| 16 | v. Incorporates into the CAAPP permit the | ||||||
| 17 | requirements from preconstruction review permits | ||||||
| 18 | authorized under a USEPA-approved program, provided | ||||||
| 19 | the program meets procedural and compliance | ||||||
| 20 | requirements substantially equivalent to those | ||||||
| 21 | contained in this Section; | ||||||
| 22 | vi. (Blank); or | ||||||
| 23 | vii. Any other type of change which USEPA has | ||||||
| 24 | determined as part of the approved CAAPP permit | ||||||
| 25 | program to be similar to those included in this | ||||||
| 26 | subsection. | ||||||
| |||||||
| |||||||
| 1 | d. The Agency shall, upon taking final action granting | ||||||
| 2 | a request for an administrative permit amendment, allow | ||||||
| 3 | coverage by the permit shield in paragraph (j) of | ||||||
| 4 | subsection 7 of this Section for administrative permit | ||||||
| 5 | amendments made pursuant to subparagraph (v) of paragraph | ||||||
| 6 | (c) of this subsection which meet the relevant | ||||||
| 7 | requirements for significant permit modifications. | ||||||
| 8 | e. Permit revisions and modifications, including | ||||||
| 9 | administrative amendments and automatic amendments | ||||||
| 10 | (pursuant to Sections 408(b) and 403(d) of the Clean Air | ||||||
| 11 | Act or regulations promulgated thereunder), for purposes | ||||||
| 12 | of the acid rain portion of the permit shall be governed by | ||||||
| 13 | the regulations promulgated under Title IV of the Clean | ||||||
| 14 | Air Act. Owners or operators of affected sources for acid | ||||||
| 15 | deposition shall have the flexibility to amend their | ||||||
| 16 | compliance plans as provided in the regulations | ||||||
| 17 | promulgated under Title IV of the Clean Air Act. | ||||||
| 18 | f. The CAAPP source may implement the changes | ||||||
| 19 | addressed in the request for an administrative permit | ||||||
| 20 | amendment immediately upon submittal of the request. | ||||||
| 21 | g. The Agency shall have the authority to adopt | ||||||
| 22 | procedural rules, in accordance with the Illinois | ||||||
| 23 | Administrative Procedure Act, as the Agency deems | ||||||
| 24 | necessary, to implement this subsection.
| ||||||
| 25 | 14. Permit Modifications. | ||||||
| |||||||
| |||||||
| 1 | a. Minor permit modification procedures. | ||||||
| 2 | i. The Agency shall review a permit modification | ||||||
| 3 | using the "minor permit" modification procedures only | ||||||
| 4 | for those permit modifications that: | ||||||
| 5 | A. Do not violate any applicable requirement; | ||||||
| 6 | B. Do not involve significant changes to | ||||||
| 7 | existing monitoring, reporting, or recordkeeping | ||||||
| 8 | requirements in the permit; | ||||||
| 9 | C. Do not require a case-by-case determination | ||||||
| 10 | of an emission limitation or other standard, or a | ||||||
| 11 | source-specific determination of ambient impacts, | ||||||
| 12 | or a visibility or increment analysis; | ||||||
| 13 | D. Do not seek to establish or change a permit | ||||||
| 14 | term or condition for which there is no | ||||||
| 15 | corresponding underlying requirement and which | ||||||
| 16 | avoids an applicable requirement to which the | ||||||
| 17 | source would otherwise be subject. Such terms and | ||||||
| 18 | conditions include: | ||||||
| 19 | 1. A federally enforceable emissions cap | ||||||
| 20 | assumed to avoid classification as a | ||||||
| 21 | modification under any provision of Title I of | ||||||
| 22 | the Clean Air Act; and | ||||||
| 23 | 2. An alternative emissions limit approved | ||||||
| 24 | pursuant to regulations promulgated under | ||||||
| 25 | Section 112(i)(5) of the Clean Air Act; | ||||||
| 26 | E. Are not modifications under any provision | ||||||
| |||||||
| |||||||
| 1 | of Title I of the Clean Air Act; and | ||||||
| 2 | F. Are not required to be processed as a | ||||||
| 3 | significant modification. | ||||||
| 4 | ii. Notwithstanding subparagraph (i) of paragraph | ||||||
| 5 | (a) and subparagraph (ii) of paragraph (b) of this | ||||||
| 6 | subsection, minor permit modification procedures may | ||||||
| 7 | be used for permit modifications involving the use of | ||||||
| 8 | economic incentives, marketable permits, emissions | ||||||
| 9 | trading, and other similar approaches, to the extent | ||||||
| 10 | that such minor permit modification procedures are | ||||||
| 11 | explicitly provided for in an applicable | ||||||
| 12 | implementation plan or in applicable requirements | ||||||
| 13 | promulgated by USEPA. | ||||||
| 14 | iii. An applicant requesting the use of minor | ||||||
| 15 | permit modification procedures shall meet the | ||||||
| 16 | requirements of subsection 5 of this Section and shall | ||||||
| 17 | include the following in its application: | ||||||
| 18 | A. A description of the change, the emissions | ||||||
| 19 | resulting from the change, and any new applicable | ||||||
| 20 | requirements that will apply if the change occurs; | ||||||
| 21 | B. The source's suggested draft permit; | ||||||
| 22 | C. Certification by a responsible official, | ||||||
| 23 | consistent with paragraph (e) of subsection 5 of | ||||||
| 24 | this Section and applicable regulations, that the | ||||||
| 25 | proposed modification meets the criteria for use | ||||||
| 26 | of minor permit modification procedures and a | ||||||
| |||||||
| |||||||
| 1 | request that such procedures be used; and | ||||||
| 2 | D. Completed forms for the Agency to use to | ||||||
| 3 | notify USEPA and affected States as required under | ||||||
| 4 | subsections 8 and 9 of this Section. | ||||||
| 5 | iv. Within 5 working days after receipt of a | ||||||
| 6 | complete permit modification application, the Agency | ||||||
| 7 | shall notify USEPA and affected States of the | ||||||
| 8 | requested permit modification in accordance with | ||||||
| 9 | subsections 8 and 9 of this Section. The Agency | ||||||
| 10 | promptly shall send any notice required under | ||||||
| 11 | paragraph (d) of subsection 8 of this Section to | ||||||
| 12 | USEPA. | ||||||
| 13 | v. The Agency may not issue a final permit | ||||||
| 14 | modification until after the 45-day review period for | ||||||
| 15 | USEPA or until USEPA has notified the Agency that | ||||||
| 16 | USEPA will not object to the issuance of the permit | ||||||
| 17 | modification, whichever comes first, although the | ||||||
| 18 | Agency can approve the permit modification prior to | ||||||
| 19 | that time. Within 90 days after the Agency's receipt | ||||||
| 20 | of an application under the minor permit modification | ||||||
| 21 | procedures or 15 days after the end of USEPA's 45-day | ||||||
| 22 | review period under subsection 9 of this Section, | ||||||
| 23 | whichever is later, the Agency shall: | ||||||
| 24 | A. Issue the permit modification as proposed; | ||||||
| 25 | B. Deny the permit modification application; | ||||||
| 26 | C. Determine that the requested modification | ||||||
| |||||||
| |||||||
| 1 | does not meet the minor permit modification | ||||||
| 2 | criteria and should be reviewed under the | ||||||
| 3 | significant modification procedures; or | ||||||
| 4 | D. Revise the draft permit modification and | ||||||
| 5 | transmit to USEPA the new proposed permit | ||||||
| 6 | modification as required by subsection 9 of this | ||||||
| 7 | Section. | ||||||
| 8 | vi. Any CAAPP source may make the change proposed | ||||||
| 9 | in its minor permit modification application | ||||||
| 10 | immediately after it files such application. After the | ||||||
| 11 | CAAPP source makes the change allowed by the preceding | ||||||
| 12 | sentence, and until the Agency takes any of the | ||||||
| 13 | actions specified in items (A) through (C) of | ||||||
| 14 | subparagraph (v) of paragraph (a) of this subsection, | ||||||
| 15 | the source must comply with both the applicable | ||||||
| 16 | requirements governing the change and the proposed | ||||||
| 17 | permit terms and conditions. During this time period, | ||||||
| 18 | the source need not comply with the existing permit | ||||||
| 19 | terms and conditions it seeks to modify. If the source | ||||||
| 20 | fails to comply with its proposed permit terms and | ||||||
| 21 | conditions during this time period, the existing | ||||||
| 22 | permit terms and conditions which it seeks to modify | ||||||
| 23 | may be enforced against it. | ||||||
| 24 | vii. The permit shield under paragraph (j) of | ||||||
| 25 | subsection 7 of this Section may not extend to minor | ||||||
| 26 | permit modifications. | ||||||
| |||||||
| |||||||
| 1 | viii. If a construction permit is required, | ||||||
| 2 | pursuant to subsection (a) of Section 39 of this Act | ||||||
| 3 | and regulations thereunder, for a change for which the | ||||||
| 4 | minor permit modification procedures are applicable, | ||||||
| 5 | the source may request that the processing of the | ||||||
| 6 | construction permit application be consolidated with | ||||||
| 7 | the processing of the application for the minor permit | ||||||
| 8 | modification. In such cases, the provisions of this | ||||||
| 9 | Section, including those within subsections 5, 8, and | ||||||
| 10 | 9, shall apply and the Agency shall act on such | ||||||
| 11 | applications pursuant to subparagraph (v) of paragraph | ||||||
| 12 | (a) of subsection 14 of this Section. The source may | ||||||
| 13 | make the proposed change immediately after filing its | ||||||
| 14 | application for the minor permit modification. Nothing | ||||||
| 15 | in this subparagraph shall otherwise affect the | ||||||
| 16 | requirements and procedures applicable to construction | ||||||
| 17 | permits. | ||||||
| 18 | b. Group Processing of Minor Permit Modifications. | ||||||
| 19 | i. Where requested by an applicant within its | ||||||
| 20 | application, the Agency shall process groups of a | ||||||
| 21 | source's applications for certain modifications | ||||||
| 22 | eligible for minor permit modification processing in | ||||||
| 23 | accordance with the provisions of this paragraph (b). | ||||||
| 24 | ii. Permit modifications may be processed in | ||||||
| 25 | accordance with the procedures for group processing, | ||||||
| 26 | for those modifications: | ||||||
| |||||||
| |||||||
| 1 | A. Which meet the criteria for minor permit | ||||||
| 2 | modification procedures under subparagraph (i) of | ||||||
| 3 | paragraph (a) of subsection 14 of this Section; | ||||||
| 4 | and | ||||||
| 5 | B. That collectively are below 10 percent of | ||||||
| 6 | the emissions allowed by the permit for the | ||||||
| 7 | emissions unit for which change is requested, 20 | ||||||
| 8 | percent of the applicable definition of major | ||||||
| 9 | source set forth in subsection 2 of this Section, | ||||||
| 10 | or 5 tons per year, whichever is least. | ||||||
| 11 | iii. An applicant requesting the use of group | ||||||
| 12 | processing procedures shall meet the requirements of | ||||||
| 13 | subsection 5 of this Section and shall include the | ||||||
| 14 | following in its application: | ||||||
| 15 | A. A description of the change, the emissions | ||||||
| 16 | resulting from the change, and any new applicable | ||||||
| 17 | requirements that will apply if the change occurs. | ||||||
| 18 | B. The source's suggested draft permit. | ||||||
| 19 | C. Certification by a responsible official | ||||||
| 20 | consistent with paragraph (e) of subsection 5 of | ||||||
| 21 | this Section, that the proposed modification meets | ||||||
| 22 | the criteria for use of group processing | ||||||
| 23 | procedures and a request that such procedures be | ||||||
| 24 | used. | ||||||
| 25 | D. A list of the source's other pending | ||||||
| 26 | applications awaiting group processing, and a | ||||||
| |||||||
| |||||||
| 1 | determination of whether the requested | ||||||
| 2 | modification, aggregated with these other | ||||||
| 3 | applications, equals or exceeds the threshold set | ||||||
| 4 | under item (B) of subparagraph (ii) of paragraph | ||||||
| 5 | (b) of this subsection. | ||||||
| 6 | E. Certification, consistent with paragraph | ||||||
| 7 | (e) of subsection 5 of this Section, that the | ||||||
| 8 | source has notified USEPA of the proposed | ||||||
| 9 | modification. Such notification need only contain | ||||||
| 10 | a brief description of the requested modification. | ||||||
| 11 | F. Completed forms for the Agency to use to | ||||||
| 12 | notify USEPA and affected states as required under | ||||||
| 13 | subsections 8 and 9 of this Section. | ||||||
| 14 | iv. On a quarterly basis or within 5 business days | ||||||
| 15 | after receipt of an application demonstrating that the | ||||||
| 16 | aggregate of a source's pending applications equals or | ||||||
| 17 | exceeds the threshold level set forth within item (B) | ||||||
| 18 | of subparagraph (ii) of paragraph (b) of this | ||||||
| 19 | subsection, whichever is earlier, the Agency shall | ||||||
| 20 | promptly notify USEPA and affected States of the | ||||||
| 21 | requested permit modifications in accordance with | ||||||
| 22 | subsections 8 and 9 of this Section. The Agency shall | ||||||
| 23 | send any notice required under paragraph (d) of | ||||||
| 24 | subsection 8 of this Section to USEPA. | ||||||
| 25 | v. The provisions of subparagraph (v) of paragraph | ||||||
| 26 | (a) of this subsection shall apply to modifications | ||||||
| |||||||
| |||||||
| 1 | eligible for group processing, except that the Agency | ||||||
| 2 | shall take one of the actions specified in items (A) | ||||||
| 3 | through (D) of subparagraph (v) of paragraph (a) of | ||||||
| 4 | this subsection within 180 days after receipt of the | ||||||
| 5 | application or 15 days after the end of USEPA's 45-day | ||||||
| 6 | review period under subsection 9 of this Section, | ||||||
| 7 | whichever is later. | ||||||
| 8 | vi. The provisions of subparagraph (vi) of | ||||||
| 9 | paragraph (a) of this subsection shall apply to | ||||||
| 10 | modifications for group processing. | ||||||
| 11 | vii. The provisions of paragraph (j) of subsection | ||||||
| 12 | 7 of this Section shall not apply to modifications | ||||||
| 13 | eligible for group processing. | ||||||
| 14 | c. Significant Permit Modifications. | ||||||
| 15 | i. Significant modification procedures shall be | ||||||
| 16 | used for applications requesting significant permit | ||||||
| 17 | modifications and for those applications that do not | ||||||
| 18 | qualify as either minor permit modifications or as | ||||||
| 19 | administrative permit amendments. | ||||||
| 20 | ii. Every significant change in existing | ||||||
| 21 | monitoring permit terms or conditions and every | ||||||
| 22 | relaxation of reporting or recordkeeping requirements | ||||||
| 23 | shall be considered significant. A modification shall | ||||||
| 24 | also be considered significant if in the judgment of | ||||||
| 25 | the Agency action on an application for modification | ||||||
| 26 | would require decisions to be made on technically | ||||||
| |||||||
| |||||||
| 1 | complex issues. Nothing herein shall be construed to | ||||||
| 2 | preclude the permittee from making changes consistent | ||||||
| 3 | with this Section that would render existing permit | ||||||
| 4 | compliance terms and conditions irrelevant. | ||||||
| 5 | iii. Significant permit modifications must meet | ||||||
| 6 | all the requirements of this Section, including those | ||||||
| 7 | for applications (including completeness review), | ||||||
| 8 | public participation, review by affected States, and | ||||||
| 9 | review by USEPA applicable to initial permit issuance | ||||||
| 10 | and permit renewal. The Agency shall take final action | ||||||
| 11 | on significant permit modifications within 9 months | ||||||
| 12 | after receipt of a complete application. | ||||||
| 13 | d. The Agency shall have the authority to adopt | ||||||
| 14 | procedural rules, in accordance with the Illinois | ||||||
| 15 | Administrative Procedure Act, as the Agency deems | ||||||
| 16 | necessary, to implement this subsection.
| ||||||
| 17 | 15. Reopenings for Cause by the Agency. | ||||||
| 18 | a. Each issued CAAPP permit shall include provisions | ||||||
| 19 | specifying the conditions under which the permit will be | ||||||
| 20 | reopened prior to the expiration of the permit. Such | ||||||
| 21 | revisions shall be made as expeditiously as practicable. A | ||||||
| 22 | CAAPP permit shall be reopened and revised under any of | ||||||
| 23 | the following circumstances, in accordance with procedures | ||||||
| 24 | adopted by the Agency: | ||||||
| 25 | i. Additional requirements under the Clean Air Act | ||||||
| |||||||
| |||||||
| 1 | become applicable to a major CAAPP source for which 3 | ||||||
| 2 | or more years remain on the original term of the | ||||||
| 3 | permit. Such a reopening shall be completed not later | ||||||
| 4 | than 18 months after the promulgation of the | ||||||
| 5 | applicable requirement. No such revision is required | ||||||
| 6 | if the effective date of the requirement is later than | ||||||
| 7 | the date on which the permit is due to expire. | ||||||
| 8 | ii. Additional requirements (including excess | ||||||
| 9 | emissions requirements) become applicable to an | ||||||
| 10 | affected source for acid deposition under the acid | ||||||
| 11 | rain program. Excess emissions offset plans shall be | ||||||
| 12 | deemed to be incorporated into the permit upon | ||||||
| 13 | approval by USEPA. | ||||||
| 14 | iii. The Agency or USEPA determines that the | ||||||
| 15 | permit contains a material mistake or that inaccurate | ||||||
| 16 | statements were made in establishing the emissions | ||||||
| 17 | standards, limitations, or other terms or conditions | ||||||
| 18 | of the permit. | ||||||
| 19 | iv. The Agency or USEPA determines that the permit | ||||||
| 20 | must be revised or revoked to assure compliance with | ||||||
| 21 | the applicable requirements. | ||||||
| 22 | b. In the event that the Agency determines that there | ||||||
| 23 | are grounds for revoking a CAAPP permit, for cause, | ||||||
| 24 | consistent with paragraph a of this subsection, it shall | ||||||
| 25 | file a petition before the Board setting forth the basis | ||||||
| 26 | for such revocation. In any such proceeding, the Agency | ||||||
| |||||||
| |||||||
| 1 | shall have the burden of establishing that the permit | ||||||
| 2 | should be revoked under the standards set forth in this | ||||||
| 3 | Act and the Clean Air Act. Any such proceeding shall be | ||||||
| 4 | conducted pursuant to the Board's procedures for | ||||||
| 5 | adjudicatory hearings and the Board shall render its | ||||||
| 6 | decision within 120 days of the filing of the petition. | ||||||
| 7 | The Agency shall take final action to revoke and reissue a | ||||||
| 8 | CAAPP permit consistent with the Board's order. | ||||||
| 9 | c. Proceedings regarding a reopened CAAPP permit shall | ||||||
| 10 | follow the same procedures as apply to initial permit | ||||||
| 11 | issuance and shall affect only those parts of the permit | ||||||
| 12 | for which cause to reopen exists. | ||||||
| 13 | d. Reopenings under paragraph (a) of this subsection | ||||||
| 14 | shall not be initiated before a notice of such intent is | ||||||
| 15 | provided to the CAAPP source by the Agency at least 30 days | ||||||
| 16 | in advance of the date that the permit is to be reopened, | ||||||
| 17 | except that the Agency may provide a shorter time period | ||||||
| 18 | in the case of an emergency. | ||||||
| 19 | e. The Agency shall have the authority to adopt | ||||||
| 20 | procedural rules, in accordance with the Illinois | ||||||
| 21 | Administrative Procedure Act, as the Agency deems | ||||||
| 22 | necessary, to implement this subsection.
| ||||||
| 23 | 16. Reopenings for Cause by USEPA. | ||||||
| 24 | a. When USEPA finds that cause exists to terminate, | ||||||
| 25 | modify, or revoke and reissue a CAAPP permit pursuant to | ||||||
| |||||||
| |||||||
| 1 | subsection 15 of this Section, and thereafter notifies the | ||||||
| 2 | Agency and the permittee of such finding in writing, the | ||||||
| 3 | Agency shall forward to USEPA and the permittee a proposed | ||||||
| 4 | determination of termination, modification, or revocation | ||||||
| 5 | and reissuance as appropriate, in accordance with | ||||||
| 6 | paragraph (b) of this subsection. The Agency's proposed | ||||||
| 7 | determination shall be in accordance with the record, the | ||||||
| 8 | Clean Air Act, regulations promulgated thereunder, this | ||||||
| 9 | Act and regulations promulgated thereunder. Such proposed | ||||||
| 10 | determination shall not affect the permit or constitute a | ||||||
| 11 | final permit action for purposes of this Act or the | ||||||
| 12 | Administrative Review Law. The Agency shall forward to | ||||||
| 13 | USEPA such proposed determination within 90 days after | ||||||
| 14 | receipt of the notification from USEPA. If additional time | ||||||
| 15 | is necessary to submit the proposed determination, the | ||||||
| 16 | Agency shall request a 90-day extension from USEPA and | ||||||
| 17 | shall submit the proposed determination within 180 days | ||||||
| 18 | after receipt of notification from USEPA. | ||||||
| 19 | b. i. Prior to the Agency's submittal to USEPA of a | ||||||
| 20 | proposed determination to terminate or revoke and | ||||||
| 21 | reissue the permit, the Agency shall file a petition | ||||||
| 22 | before the Board setting forth USEPA's objection, the | ||||||
| 23 | permit record, the Agency's proposed determination, | ||||||
| 24 | and the justification for its proposed determination. | ||||||
| 25 | The Board shall conduct a hearing pursuant to the | ||||||
| 26 | rules prescribed by Section 32 of this Act, and the | ||||||
| |||||||
| |||||||
| 1 | burden of proof shall be on the Agency. | ||||||
| 2 | ii. After due consideration of the written and | ||||||
| 3 | oral statements, the testimony and arguments that | ||||||
| 4 | shall be submitted at hearing, the Board shall issue | ||||||
| 5 | and enter an interim order for the proposed | ||||||
| 6 | determination, which shall set forth all changes, if | ||||||
| 7 | any, required in the Agency's proposed determination. | ||||||
| 8 | The interim order shall comply with the requirements | ||||||
| 9 | for final orders as set forth in Section 33 of this | ||||||
| 10 | Act. Issuance of an interim order by the Board under | ||||||
| 11 | this paragraph, however, shall not affect the permit | ||||||
| 12 | status and does not constitute a final action for | ||||||
| 13 | purposes of this Act or the Administrative Review Law. | ||||||
| 14 | iii. The Board shall cause a copy of its interim | ||||||
| 15 | order to be served upon all parties to the proceeding | ||||||
| 16 | as well as upon USEPA. The Agency shall submit the | ||||||
| 17 | proposed determination to USEPA in accordance with the | ||||||
| 18 | Board's Interim Order within 180 days after receipt of | ||||||
| 19 | the notification from USEPA. | ||||||
| 20 | c. USEPA shall review the proposed determination to | ||||||
| 21 | terminate, modify, or revoke and reissue the permit within | ||||||
| 22 | 90 days after receipt. | ||||||
| 23 | i. When USEPA reviews the proposed determination | ||||||
| 24 | to terminate or revoke and reissue and does not | ||||||
| 25 | object, the Board shall, within 7 days after receipt | ||||||
| 26 | of USEPA's final approval, enter the interim order as | ||||||
| |||||||
| |||||||
| 1 | a final order. The final order may be appealed as | ||||||
| 2 | provided by Title XI of this Act. The Agency shall take | ||||||
| 3 | final action in accordance with the Board's final | ||||||
| 4 | order. | ||||||
| 5 | ii. When USEPA reviews such proposed determination | ||||||
| 6 | to terminate or revoke and reissue and objects, the | ||||||
| 7 | Agency shall submit USEPA's objection and the Agency's | ||||||
| 8 | comments and recommendation on the objection to the | ||||||
| 9 | Board and permittee. The Board shall review its | ||||||
| 10 | interim order in response to USEPA's objection and the | ||||||
| 11 | Agency's comments and recommendation and issue a final | ||||||
| 12 | order in accordance with Sections 32 and 33 of this | ||||||
| 13 | Act. The Agency shall, within 90 days after receipt of | ||||||
| 14 | such objection, respond to USEPA's objection in | ||||||
| 15 | accordance with the Board's final order. | ||||||
| 16 | iii. When USEPA reviews such proposed | ||||||
| 17 | determination to modify and objects, the Agency shall, | ||||||
| 18 | within 90 days after receipt of the objection, resolve | ||||||
| 19 | the objection and modify the permit in accordance with | ||||||
| 20 | USEPA's objection, based upon the record, the Clean | ||||||
| 21 | Air Act, regulations promulgated thereunder, this Act, | ||||||
| 22 | and regulations promulgated thereunder. | ||||||
| 23 | d. If the Agency fails to submit the proposed | ||||||
| 24 | determination pursuant to paragraph a of this subsection | ||||||
| 25 | or fails to resolve any USEPA objection pursuant to | ||||||
| 26 | paragraph c of this subsection, USEPA will terminate, | ||||||
| |||||||
| |||||||
| 1 | modify, or revoke and reissue the permit. | ||||||
| 2 | e. The Agency shall have the authority to adopt | ||||||
| 3 | procedural rules, in accordance with the Illinois | ||||||
| 4 | Administrative Procedure Act, as the Agency deems | ||||||
| 5 | necessary, to implement this subsection.
| ||||||
| 6 | 17. Title IV; Acid Rain Provisions. | ||||||
| 7 | a. The Agency shall act on initial CAAPP applications | ||||||
| 8 | for affected sources for acid deposition in accordance | ||||||
| 9 | with this Section and Title V of the Clean Air Act and | ||||||
| 10 | regulations promulgated thereunder, except as modified by | ||||||
| 11 | Title IV of the Clean Air Act and regulations promulgated | ||||||
| 12 | thereunder. The Agency shall issue initial CAAPP permits | ||||||
| 13 | to the affected sources for acid deposition which shall | ||||||
| 14 | become effective no earlier than January 1, 1995, and | ||||||
| 15 | which shall terminate on December 31, 1999, in accordance | ||||||
| 16 | with this Section. Subsequent CAAPP permits issued to | ||||||
| 17 | affected sources for acid deposition shall be issued for a | ||||||
| 18 | fixed term of 5 years. Title IV of the Clean Air Act and | ||||||
| 19 | regulations promulgated thereunder, including, but not | ||||||
| 20 | limited to, 40 CFR C.F.R. Part 72, as now or hereafter | ||||||
| 21 | amended, are applicable to and enforceable under this Act. | ||||||
| 22 | b. A designated representative of an affected source | ||||||
| 23 | for acid deposition shall submit a timely and complete | ||||||
| 24 | Phase II acid rain permit application and compliance plan | ||||||
| 25 | to the Agency, not later than January 1, 1996, that meets | ||||||
| |||||||
| |||||||
| 1 | the requirements of Titles IV and V of the Clean Air Act | ||||||
| 2 | and regulations. The Agency shall act on the Phase II acid | ||||||
| 3 | rain permit application and compliance plan in accordance | ||||||
| 4 | with this Section and Title V of the Clean Air Act and | ||||||
| 5 | regulations promulgated thereunder, except as modified by | ||||||
| 6 | Title IV of the Clean Air Act and regulations promulgated | ||||||
| 7 | thereunder. The Agency shall issue the Phase II acid rain | ||||||
| 8 | permit to an affected source for acid deposition no later | ||||||
| 9 | than December 31, 1997, which shall become effective on | ||||||
| 10 | January 1, 2000, in accordance with this Section, except | ||||||
| 11 | as modified by Title IV and regulations promulgated | ||||||
| 12 | thereunder; provided that the designated representative of | ||||||
| 13 | the source submitted a timely and complete Phase II permit | ||||||
| 14 | application and compliance plan to the Agency that meets | ||||||
| 15 | the requirements of Title IV and V of the Clean Air Act and | ||||||
| 16 | regulations. | ||||||
| 17 | c. Each Phase II acid rain permit issued in accordance | ||||||
| 18 | with this subsection shall have a fixed term of 5 years. | ||||||
| 19 | Except as provided in paragraph b above, the Agency shall | ||||||
| 20 | issue or deny a Phase II acid rain permit within 18 months | ||||||
| 21 | of receiving a complete Phase II permit application and | ||||||
| 22 | compliance plan. | ||||||
| 23 | d. A designated representative of a new unit, as | ||||||
| 24 | defined in Section 402 of the Clean Air Act, shall submit a | ||||||
| 25 | timely and complete Phase II acid rain permit application | ||||||
| 26 | and compliance plan that meets the requirements of Titles | ||||||
| |||||||
| |||||||
| 1 | IV and V of the Clean Air Act and its regulations. The | ||||||
| 2 | Agency shall act on the new unit's Phase II acid rain | ||||||
| 3 | permit application and compliance plan in accordance with | ||||||
| 4 | this Section and Title V of the Clean Air Act and its | ||||||
| 5 | regulations, except as modified by Title IV of the Clean | ||||||
| 6 | Air Act and its regulations. The Agency shall reopen the | ||||||
| 7 | new unit's CAAPP permit for cause to incorporate the | ||||||
| 8 | approved Phase II acid rain permit in accordance with this | ||||||
| 9 | Section. The Phase II acid rain permit for the new unit | ||||||
| 10 | shall become effective no later than the date required | ||||||
| 11 | under Title IV of the Clean Air Act and its regulations. | ||||||
| 12 | e. A designated representative of an affected source | ||||||
| 13 | for acid deposition shall submit a timely and complete | ||||||
| 14 | Title IV NOx permit application to the Agency, not later | ||||||
| 15 | than January 1, 1998, that meets the requirements of | ||||||
| 16 | Titles IV and V of the Clean Air Act and its regulations. | ||||||
| 17 | The Agency shall reopen the Phase II acid rain permit for | ||||||
| 18 | cause and incorporate the approved NOx provisions into the | ||||||
| 19 | Phase II acid rain permit not later than January 1, 1999, | ||||||
| 20 | in accordance with this Section, except as modified by | ||||||
| 21 | Title IV of the Clean Air Act and regulations promulgated | ||||||
| 22 | thereunder. Such reopening shall not affect the term of | ||||||
| 23 | the Phase II acid rain permit. | ||||||
| 24 | f. The designated representative of the affected | ||||||
| 25 | source for acid deposition shall renew the initial CAAPP | ||||||
| 26 | permit and Phase II acid rain permit in accordance with | ||||||
| |||||||
| |||||||
| 1 | this Section and Title V of the Clean Air Act and | ||||||
| 2 | regulations promulgated thereunder, except as modified by | ||||||
| 3 | Title IV of the Clean Air Act and regulations promulgated | ||||||
| 4 | thereunder. | ||||||
| 5 | g. In the case of an affected source for acid | ||||||
| 6 | deposition for which a complete Phase II acid rain permit | ||||||
| 7 | application and compliance plan are timely received under | ||||||
| 8 | this subsection, the complete permit application and | ||||||
| 9 | compliance plan, including amendments thereto, shall be | ||||||
| 10 | binding on the owner, operator and designated | ||||||
| 11 | representative, all affected units for acid deposition at | ||||||
| 12 | the affected source, and any other unit, as defined in | ||||||
| 13 | Section 402 of the Clean Air Act, governed by the Phase II | ||||||
| 14 | acid rain permit application and shall be enforceable as | ||||||
| 15 | an acid rain permit for purposes of Titles IV and V of the | ||||||
| 16 | Clean Air Act, from the date of submission of the acid rain | ||||||
| 17 | permit application until a Phase II acid rain permit is | ||||||
| 18 | issued or denied by the Agency. | ||||||
| 19 | h. The Agency shall not include or implement any | ||||||
| 20 | measure which would interfere with or modify the | ||||||
| 21 | requirements of Title IV of the Clean Air Act or | ||||||
| 22 | regulations promulgated thereunder. | ||||||
| 23 | i. Nothing in this Section shall be construed as | ||||||
| 24 | affecting allowances or USEPA's decision regarding an | ||||||
| 25 | excess emissions offset plan, as set forth in Title IV of | ||||||
| 26 | the Clean Air Act or regulations promulgated thereunder. | ||||||
| |||||||
| |||||||
| 1 | i. No permit revision shall be required for | ||||||
| 2 | increases in emissions that are authorized by | ||||||
| 3 | allowances acquired pursuant to the acid rain program, | ||||||
| 4 | provided that such increases do not require a permit | ||||||
| 5 | revision under any other applicable requirement. | ||||||
| 6 | ii. No limit shall be placed on the number of | ||||||
| 7 | allowances held by the source. The source may not, | ||||||
| 8 | however, use allowances as a defense to noncompliance | ||||||
| 9 | with any other applicable requirement. | ||||||
| 10 | iii. Any such allowance shall be accounted for | ||||||
| 11 | according to the procedures established in regulations | ||||||
| 12 | promulgated under Title IV of the Clean Air Act. | ||||||
| 13 | j. To the extent that the federal regulations | ||||||
| 14 | promulgated under Title IV, including, but not limited to, | ||||||
| 15 | 40 CFR C.F.R. Part 72, as now or hereafter amended, are | ||||||
| 16 | inconsistent with the federal regulations promulgated | ||||||
| 17 | under Title V, the federal regulations promulgated under | ||||||
| 18 | Title IV shall take precedence. | ||||||
| 19 | k. The USEPA may intervene as a matter of right in any | ||||||
| 20 | permit appeal involving a Phase II acid rain permit | ||||||
| 21 | provision or denial of a Phase II acid rain permit. | ||||||
| 22 | l. It is unlawful for any owner or operator to violate | ||||||
| 23 | any terms or conditions of a Phase II acid rain permit | ||||||
| 24 | issued under this subsection, to operate any affected | ||||||
| 25 | source for acid deposition except in compliance with a | ||||||
| 26 | Phase II acid rain permit issued by the Agency under this | ||||||
| |||||||
| |||||||
| 1 | subsection, or to violate any other applicable | ||||||
| 2 | requirements. | ||||||
| 3 | m. The designated representative of an affected source | ||||||
| 4 | for acid deposition shall submit to the Agency the data | ||||||
| 5 | and information submitted quarterly to USEPA, pursuant to | ||||||
| 6 | 40 CFR 75.64, concurrently with the submission to USEPA. | ||||||
| 7 | The submission shall be in the same electronic format as | ||||||
| 8 | specified by USEPA. | ||||||
| 9 | n. The Agency shall act on any petition for exemption | ||||||
| 10 | of a new unit or retired unit, as those terms are defined | ||||||
| 11 | in Section 402 of the Clean Air Act, from the requirements | ||||||
| 12 | of the acid rain program in accordance with Title IV of the | ||||||
| 13 | Clean Air Act and its regulations. | ||||||
| 14 | o. The Agency shall have the authority to adopt | ||||||
| 15 | procedural rules, in accordance with the Illinois | ||||||
| 16 | Administrative Procedure Act, as the Agency deems | ||||||
| 17 | necessary to implement this subsection.
| ||||||
| 18 | 18. Fee Provisions. | ||||||
| 19 | a. A source subject to this Section or excluded under | ||||||
| 20 | subsection 1.1 or paragraph (c) of subsection 3 of this | ||||||
| 21 | Section, shall pay a fee as provided in this paragraph (a) | ||||||
| 22 | of subsection 18. However, a source that has been excluded | ||||||
| 23 | from the provisions of this Section under subsection 1.1 | ||||||
| 24 | or under paragraph (c) of subsection 3 of this Section | ||||||
| 25 | because the source emits less than 25 tons per year of any | ||||||
| |||||||
| |||||||
| 1 | combination of regulated air pollutants, except greenhouse | ||||||
| 2 | gases, shall pay fees in accordance with paragraph (1) of | ||||||
| 3 | subsection (b) of Section 9.6. | ||||||
| 4 | i. The fee for a source allowed to emit less than | ||||||
| 5 | 100 tons per year of any combination of regulated air | ||||||
| 6 | pollutants, except greenhouse gases, shall be $1,800 | ||||||
| 7 | per year, and that fee shall increase, beginning | ||||||
| 8 | January 1, 2012, to $2,150 per year. | ||||||
| 9 | ii. The fee for a source allowed to emit 100 tons | ||||||
| 10 | or more per year of any combination of regulated air | ||||||
| 11 | pollutants, except greenhouse gases and those | ||||||
| 12 | regulated air pollutants excluded in paragraph (f) of | ||||||
| 13 | this subsection 18, shall be as follows: | ||||||
| 14 | A. The Agency shall assess a fee of $18 per | ||||||
| 15 | ton, per year for the allowable emissions of | ||||||
| 16 | regulated air pollutants subject to this | ||||||
| 17 | subparagraph (ii) of paragraph (a) of subsection | ||||||
| 18 | 18, and that fee shall increase, beginning January | ||||||
| 19 | 1, 2012, to $21.50 per ton, per year. These fees | ||||||
| 20 | shall be used by the Agency and the Board to fund | ||||||
| 21 | the activities required by Title V of the Clean | ||||||
| 22 | Air Act including such activities as may be | ||||||
| 23 | carried out by other State or local agencies | ||||||
| 24 | pursuant to paragraph (d) of this subsection. The | ||||||
| 25 | amount of such fee shall be based on the | ||||||
| 26 | information supplied by the applicant in its | ||||||
| |||||||
| |||||||
| 1 | complete CAAPP permit application or in the CAAPP | ||||||
| 2 | permit if the permit has been granted and shall be | ||||||
| 3 | determined by the amount of emissions that the | ||||||
| 4 | source is allowed to emit annually, provided | ||||||
| 5 | however, that the maximum fee for a CAAPP permit | ||||||
| 6 | under this subparagraph (ii) of paragraph (a) of | ||||||
| 7 | subsection 18 is $250,000, and increases, | ||||||
| 8 | beginning January 1, 2012, to $294,000. Beginning | ||||||
| 9 | January 1, 2012, the maximum fee under this | ||||||
| 10 | subparagraph (ii) of paragraph (a) of subsection | ||||||
| 11 | 18 for a source that has been excluded under | ||||||
| 12 | subsection 1.1 of this Section or under paragraph | ||||||
| 13 | (c) of subsection 3 of this Section is $4,112. The | ||||||
| 14 | Agency shall provide as part of the permit | ||||||
| 15 | application form required under subsection 5 of | ||||||
| 16 | this Section a separate fee calculation form which | ||||||
| 17 | will allow the applicant to identify the allowable | ||||||
| 18 | emissions and calculate the fee. In no event shall | ||||||
| 19 | the Agency raise the amount of allowable emissions | ||||||
| 20 | requested by the applicant unless such increases | ||||||
| 21 | are required to demonstrate compliance with terms | ||||||
| 22 | of a CAAPP permit. | ||||||
| 23 | Notwithstanding the above, any applicant may | ||||||
| 24 | seek a change in its permit which would result in | ||||||
| 25 | increases in allowable emissions due to an | ||||||
| 26 | increase in the hours of operation or production | ||||||
| |||||||
| |||||||
| 1 | rates of an emission unit or units and such a | ||||||
| 2 | change shall be consistent with the construction | ||||||
| 3 | permit requirements of the existing State permit | ||||||
| 4 | program, under subsection (a) of Section 39 of | ||||||
| 5 | this Act and applicable provisions of this | ||||||
| 6 | Section. Where a construction permit is required, | ||||||
| 7 | the Agency shall expeditiously grant such | ||||||
| 8 | construction permit and shall, if necessary, | ||||||
| 9 | modify the CAAPP permit based on the same | ||||||
| 10 | application. | ||||||
| 11 | B. The applicant or permittee may pay the fee | ||||||
| 12 | annually or semiannually for those fees greater | ||||||
| 13 | than $5,000. However, any applicant paying a fee | ||||||
| 14 | equal to or greater than $100,000 shall pay the | ||||||
| 15 | full amount on July 1, for the subsequent fiscal | ||||||
| 16 | year, or pay 50% of the fee on July 1 and the | ||||||
| 17 | remaining 50% by the next January 1. The Agency | ||||||
| 18 | may change any annual billing date upon reasonable | ||||||
| 19 | notice, but shall prorate the new bill so that the | ||||||
| 20 | permittee or applicant does not pay more than its | ||||||
| 21 | required fees for the fee period for which payment | ||||||
| 22 | is made. | ||||||
| 23 | b. (Blank). | ||||||
| 24 | c. (Blank). | ||||||
| 25 | d. There is hereby created in the State Treasury a | ||||||
| 26 | special fund to be known as the Clean Air Act Permit Fund | ||||||
| |||||||
| |||||||
| 1 | (formerly known as the CAA Permit Fund). All Funds | ||||||
| 2 | collected by the Agency pursuant to this subsection shall | ||||||
| 3 | be deposited into the Fund. The General Assembly shall | ||||||
| 4 | appropriate monies from this Fund to the Agency and to the | ||||||
| 5 | Board to carry out their obligations under this Section. | ||||||
| 6 | The General Assembly may also authorize monies to be | ||||||
| 7 | granted by the Agency from this Fund to other State and | ||||||
| 8 | local agencies which perform duties related to the CAAPP. | ||||||
| 9 | Interest generated on the monies deposited in this Fund | ||||||
| 10 | shall be returned to the Fund. | ||||||
| 11 | e. The Agency shall have the authority to adopt | ||||||
| 12 | procedural rules, in accordance with the Illinois | ||||||
| 13 | Administrative Procedure Act, as the Agency deems | ||||||
| 14 | necessary to implement this subsection. | ||||||
| 15 | f. For purposes of this subsection, the term | ||||||
| 16 | "regulated air pollutant" shall have the meaning given to | ||||||
| 17 | it under subsection 1 of this Section but shall exclude | ||||||
| 18 | the following: | ||||||
| 19 | i. carbon monoxide; | ||||||
| 20 | ii. any Class I or II substance which is a | ||||||
| 21 | regulated air pollutant solely because it is listed | ||||||
| 22 | pursuant to Section 602 of the Clean Air Act; and | ||||||
| 23 | iii. any pollutant that is a regulated air | ||||||
| 24 | pollutant solely because it is subject to a standard | ||||||
| 25 | or regulation under Section 112(r) of the Clean Air | ||||||
| 26 | Act based on the emissions allowed in the permit | ||||||
| |||||||
| |||||||
| 1 | effective in that calendar year, at the time the | ||||||
| 2 | applicable bill is generated.
| ||||||
| 3 | 19. Air Toxics Provisions. | ||||||
| 4 | a. In the event that the USEPA fails to promulgate in a | ||||||
| 5 | timely manner a standard pursuant to Section 112(d) of the | ||||||
| 6 | Clean Air Act, the Agency shall have the authority to | ||||||
| 7 | issue permits, pursuant to Section 112(j) of the Clean Air | ||||||
| 8 | Act and regulations promulgated thereunder, which contain | ||||||
| 9 | emission limitations which are equivalent to the emission | ||||||
| 10 | limitations that would apply to a source if an emission | ||||||
| 11 | standard had been promulgated in a timely manner by USEPA | ||||||
| 12 | pursuant to Section 112(d). Provided, however, that the | ||||||
| 13 | owner or operator of a source shall have the opportunity | ||||||
| 14 | to submit to the Agency a proposed emission limitation | ||||||
| 15 | which it determines to be equivalent to the emission | ||||||
| 16 | limitations that would apply to such source if an emission | ||||||
| 17 | standard had been promulgated in a timely manner by USEPA. | ||||||
| 18 | If the Agency refuses to include the emission limitation | ||||||
| 19 | proposed by the owner or operator in a CAAPP permit, the | ||||||
| 20 | owner or operator may petition the Board to establish | ||||||
| 21 | whether the emission limitation proposal submitted by the | ||||||
| 22 | owner or operator provides for emission limitations which | ||||||
| 23 | are equivalent to the emission limitations that would | ||||||
| 24 | apply to the source if the emission standard had been | ||||||
| 25 | promulgated by USEPA in a timely manner. The Board shall | ||||||
| |||||||
| |||||||
| 1 | determine whether the emission limitation proposed by the | ||||||
| 2 | owner or operator or an alternative emission limitation | ||||||
| 3 | proposed by the Agency provides for the level of control | ||||||
| 4 | required under Section 112 of the Clean Air Act, or shall | ||||||
| 5 | otherwise establish an appropriate emission limitation, | ||||||
| 6 | pursuant to Section 112 of the Clean Air Act. | ||||||
| 7 | b. Any Board proceeding brought under paragraph (a) or | ||||||
| 8 | (e) of this subsection shall be conducted according to the | ||||||
| 9 | Board's procedures for adjudicatory hearings and the Board | ||||||
| 10 | shall render its decision within 120 days of the filing of | ||||||
| 11 | the petition. Any such decision shall be subject to review | ||||||
| 12 | pursuant to Section 41 of this Act. Where USEPA | ||||||
| 13 | promulgates an applicable emission standard prior to the | ||||||
| 14 | issuance of the CAAPP permit, the Agency shall include in | ||||||
| 15 | the permit the promulgated standard, provided that the | ||||||
| 16 | source shall have the compliance period provided under | ||||||
| 17 | Section 112(i) of the Clean Air Act. Where USEPA | ||||||
| 18 | promulgates an applicable standard subsequent to the | ||||||
| 19 | issuance of the CAAPP permit, the Agency shall revise such | ||||||
| 20 | permit upon the next renewal to reflect the promulgated | ||||||
| 21 | standard, providing a reasonable time for the applicable | ||||||
| 22 | source to comply with the standard, but no longer than 8 | ||||||
| 23 | years after the date on which the source is first required | ||||||
| 24 | to comply with the emissions limitation established under | ||||||
| 25 | this subsection. | ||||||
| 26 | c. The Agency shall have the authority to implement | ||||||
| |||||||
| |||||||
| 1 | and enforce complete or partial emission standards | ||||||
| 2 | promulgated by USEPA pursuant to Section 112(d), and | ||||||
| 3 | standards promulgated by USEPA pursuant to Sections | ||||||
| 4 | 112(f), 112(h), 112(m), and 112(n), and may accept | ||||||
| 5 | delegation of authority from USEPA to implement and | ||||||
| 6 | enforce Section 112(l) and requirements for the prevention | ||||||
| 7 | and detection of accidental releases pursuant to Section | ||||||
| 8 | 112(r) of the Clean Air Act. | ||||||
| 9 | d. The Agency shall have the authority to issue | ||||||
| 10 | permits pursuant to Section 112(i)(5) of the Clean Air | ||||||
| 11 | Act. | ||||||
| 12 | e. The Agency has the authority to implement Section | ||||||
| 13 | 112(g) of the Clean Air Act consistent with the Clean Air | ||||||
| 14 | Act and federal regulations promulgated thereunder. If the | ||||||
| 15 | Agency refuses to include the emission limitations | ||||||
| 16 | proposed in an application submitted by an owner or | ||||||
| 17 | operator for a case-by-case maximum achievable control | ||||||
| 18 | technology (MACT) determination, the owner or operator may | ||||||
| 19 | petition the Board to determine whether the emission | ||||||
| 20 | limitation proposed by the owner or operator or an | ||||||
| 21 | alternative emission limitation proposed by the Agency | ||||||
| 22 | provides for a level of control required by Section 112 of | ||||||
| 23 | the Clean Air Act, or to otherwise establish an | ||||||
| 24 | appropriate emission limitation under Section 112 of the | ||||||
| 25 | Clean Air Act.
| ||||||
| |||||||
| |||||||
| 1 | 20. Small Business. | ||||||
| 2 | a. For purposes of this subsection: | ||||||
| 3 | "Program" is the Small Business Stationary Source | ||||||
| 4 | Technical and Environmental Compliance Assistance Program | ||||||
| 5 | created within this State pursuant to Section 507 of the | ||||||
| 6 | Clean Air Act and guidance promulgated thereunder, to | ||||||
| 7 | provide technical assistance and compliance information to | ||||||
| 8 | small business stationary sources; | ||||||
| 9 | "Small Business Assistance Program" is a component of | ||||||
| 10 | the Program responsible for providing sufficient | ||||||
| 11 | communications with small businesses through the | ||||||
| 12 | collection and dissemination of information to small | ||||||
| 13 | business stationary sources; and | ||||||
| 14 | "Small Business Stationary Source" means a stationary | ||||||
| 15 | source that: | ||||||
| 16 | 1. is owned or operated by a person that employs | ||||||
| 17 | 100 or fewer individuals; | ||||||
| 18 | 2. is a small business concern as defined in the | ||||||
| 19 | "Small Business Act"; | ||||||
| 20 | 3. is not a major source as that term is defined in | ||||||
| 21 | subsection 2 of this Section; | ||||||
| 22 | 4. does not emit 50 tons or more per year of any | ||||||
| 23 | regulated air pollutant, except greenhouse gases; and | ||||||
| 24 | 5. emits less than 75 tons per year of all | ||||||
| 25 | regulated pollutants, except greenhouse gases. | ||||||
| 26 | b. The Agency shall adopt and submit to USEPA, after | ||||||
| |||||||
| |||||||
| 1 | reasonable notice and opportunity for public comment, as a | ||||||
| 2 | revision to the Illinois state implementation plan, plans | ||||||
| 3 | for establishing the Program. | ||||||
| 4 | c. The Agency shall have the authority to enter into | ||||||
| 5 | such contracts and agreements as the Agency deems | ||||||
| 6 | necessary to carry out the purposes of this subsection. | ||||||
| 7 | d. The Agency may establish such procedures as it may | ||||||
| 8 | deem necessary for the purposes of implementing and | ||||||
| 9 | executing its responsibilities under this subsection. | ||||||
| 10 | e. There shall be appointed a Small Business Ombudsman | ||||||
| 11 | (hereinafter in this subsection referred to as | ||||||
| 12 | "Ombudsman") to monitor the Small Business Assistance | ||||||
| 13 | Program. The Ombudsman shall be a nonpartisan designated | ||||||
| 14 | official, with the ability to independently assess whether | ||||||
| 15 | the goals of the Program are being met. | ||||||
| 16 | f. The State Ombudsman Office shall be located in an | ||||||
| 17 | existing Ombudsman office within the State or in any State | ||||||
| 18 | Department. | ||||||
| 19 | g. There is hereby created a State Compliance Advisory | ||||||
| 20 | Panel (hereinafter in this subsection referred to as | ||||||
| 21 | "Panel") for determining the overall effectiveness of the | ||||||
| 22 | Small Business Assistance Program within this State. | ||||||
| 23 | h. The selection of Panel members shall be by the | ||||||
| 24 | following method: | ||||||
| 25 | 1. The Governor shall select two members who are | ||||||
| 26 | not owners or representatives of owners of small | ||||||
| |||||||
| |||||||
| 1 | business stationary sources to represent the general | ||||||
| 2 | public; | ||||||
| 3 | 2. The Director of the Agency shall select one | ||||||
| 4 | member to represent the Agency; and | ||||||
| 5 | 3. The State Legislature shall select four members | ||||||
| 6 | who are owners or representatives of owners of small | ||||||
| 7 | business stationary sources. Both the majority and | ||||||
| 8 | minority leadership in both Houses of the Legislature | ||||||
| 9 | shall appoint one member of the panel. | ||||||
| 10 | i. Panel members should serve without compensation but | ||||||
| 11 | will receive full reimbursement for expenses including | ||||||
| 12 | travel and per diem as authorized within this State. | ||||||
| 13 | j. The Panel shall select its own Chair by a majority | ||||||
| 14 | vote. The Chair may meet and consult with the Ombudsman | ||||||
| 15 | and the head of the Small Business Assistance Program in | ||||||
| 16 | planning the activities for the Panel.
| ||||||
| 17 | 21. Temporary Sources. | ||||||
| 18 | a. The Agency may issue a single permit authorizing | ||||||
| 19 | emissions from similar operations by the same source owner | ||||||
| 20 | or operator at multiple temporary locations, except for | ||||||
| 21 | sources which are affected sources for acid deposition | ||||||
| 22 | under Title IV of the Clean Air Act. | ||||||
| 23 | b. The applicant must demonstrate that the operation | ||||||
| 24 | is temporary and will involve at least one change of | ||||||
| 25 | location during the term of the permit. | ||||||
| |||||||
| |||||||
| 1 | c. Any such permit shall meet all applicable | ||||||
| 2 | requirements of this Section and applicable regulations, | ||||||
| 3 | and include conditions assuring compliance with all | ||||||
| 4 | applicable requirements at all authorized locations and | ||||||
| 5 | requirements that the owner or operator notify the Agency | ||||||
| 6 | at least 10 days in advance of each change in location.
| ||||||
| 7 | 22. Solid Waste Incineration Units. | ||||||
| 8 | a. A CAAPP permit for a solid waste incineration unit | ||||||
| 9 | combusting municipal waste subject to standards | ||||||
| 10 | promulgated under Section 129(e) of the Clean Air Act | ||||||
| 11 | shall be issued for a period of 12 years and shall be | ||||||
| 12 | reviewed every 5 years, unless the Agency requires more | ||||||
| 13 | frequent review through Agency procedures. | ||||||
| 14 | b. During the review in paragraph (a) of this | ||||||
| 15 | subsection, the Agency shall fully review the previously | ||||||
| 16 | submitted CAAPP permit application and corresponding | ||||||
| 17 | reports subsequently submitted to determine whether the | ||||||
| 18 | source is in compliance with all applicable requirements. | ||||||
| 19 | c. If the Agency determines that the source is not in | ||||||
| 20 | compliance with all applicable requirements it shall | ||||||
| 21 | revise the CAAPP permit as appropriate. | ||||||
| 22 | d. The Agency shall have the authority to adopt | ||||||
| 23 | procedural rules, in accordance with the Illinois | ||||||
| 24 | Administrative Procedure Act, as the Agency deems | ||||||
| 25 | necessary, to implement this subsection. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17; | ||||||
| 2 | 100-103, eff. 8-11-17; revised 10-23-24.)
| ||||||
| 3 | (415 ILCS 5/57.4) | ||||||
| 4 | Sec. 57.4. State agencies Agencies. The Office of the | ||||||
| 5 | State Fire Marshal and the Illinois Environmental Protection | ||||||
| 6 | Agency shall administer the Leaking Underground Storage Tank | ||||||
| 7 | Program in accordance with the terms of this Title. | ||||||
| 8 | (Source: P.A. 88-496; revised 7-29-24.)
| ||||||
| 9 | (415 ILCS 5/57.5) | ||||||
| 10 | Sec. 57.5. Underground Storage Tanks; removal; repair; | ||||||
| 11 | abandonment. | ||||||
| 12 | (a) Notwithstanding the eligibility or the level of | ||||||
| 13 | deductibility of an owner or operator under the Underground | ||||||
| 14 | Storage Tank Fund, any owner or operator of an Underground | ||||||
| 15 | Storage Tank may seek to remove or abandon such tank under the | ||||||
| 16 | provisions of this Title. In order to be reimbursed under | ||||||
| 17 | Section 57.8, the owner or operator must comply with the | ||||||
| 18 | provisions of this Title. In no event will an owner or operator | ||||||
| 19 | be reimbursed for any costs which exceed the minimum | ||||||
| 20 | requirements necessary to comply with this Title. | ||||||
| 21 | (b) Removal or abandonment of an Underground Storage Tank | ||||||
| 22 | must be carried out in accordance with regulations adopted by | ||||||
| 23 | the Office of the State Fire Marshal. | ||||||
| 24 | (c) The Office of the State Fire Marshal or a designated | ||||||
| |||||||
| |||||||
| 1 | agent shall have an inspector on site at the time of removal, | ||||||
| 2 | abandonment, or such other times the Office of State Fire | ||||||
| 3 | Marshal deems appropriate. At such time, the inspector shall, | ||||||
| 4 | upon preliminary excavation of the tank site, render an | ||||||
| 5 | opinion as to whether a release of petroleum has occurred and, | ||||||
| 6 | if so, the owner or operator shall report the known or | ||||||
| 7 | suspected release to the Illinois Emergency Management Agency. | ||||||
| 8 | The owner or operator shall determine whether or not a release | ||||||
| 9 | has occurred in conformance with the regulations adopted by | ||||||
| 10 | the Board and the Office of the State Fire Marshal. Except that | ||||||
| 11 | if the opinion of the Office of the State Fire Marshal | ||||||
| 12 | inspector is that a release of petroleum has occurred and the | ||||||
| 13 | owner or operator has reported the release to the Illinois | ||||||
| 14 | Emergency Management Agency within 24 hours of removal of the | ||||||
| 15 | tank, no such determination is required under this subsection. | ||||||
| 16 | In the event the owner or operator confirms the presence of a | ||||||
| 17 | release of petroleum, the owner or operator shall comply with | ||||||
| 18 | Section 57.6. The inspector shall provide the owner or | ||||||
| 19 | operator, or a designated agent, with an "Eligibility and | ||||||
| 20 | Deductibility Determination" form. The Office of the State | ||||||
| 21 | Fire Marshal shall provide on-site assistance to the owner or | ||||||
| 22 | operator or a designated agent with regard to the eligibility | ||||||
| 23 | and deductibility procedures as provided in Section 57.9. If | ||||||
| 24 | the Office of the State Fire Marshal is not on site, the Office | ||||||
| 25 | of the State Fire Marshal shall provide the owner or operator | ||||||
| 26 | with an "Eligibility and Deductibility Determination" form | ||||||
| |||||||
| |||||||
| 1 | within 15 days after receiving notice that the confirmed | ||||||
| 2 | release was reported by the owner or operator. | ||||||
| 3 | (d) In the event that a release of petroleum is confirmed | ||||||
| 4 | under subsection (c) of this Section, the owner or operator | ||||||
| 5 | may elect to backfill the preliminary excavation and proceed | ||||||
| 6 | under Section 57.6. | ||||||
| 7 | (e) In the event that an Underground Storage Tank is found | ||||||
| 8 | to be ineligible for payment from the Underground Storage Tank | ||||||
| 9 | Fund, the owner or operator shall proceed under Sections 57.6 | ||||||
| 10 | and 57.7. | ||||||
| 11 | (f) In the event that no release of petroleum is | ||||||
| 12 | confirmed, the owner or operator shall proceed to complete the | ||||||
| 13 | removal of the underground storage tank, and when appropriate, | ||||||
| 14 | dispose of the tank and backfill the excavation or, in the | ||||||
| 15 | alternate, abandon the underground storage tank in place. | ||||||
| 16 | Either option shall be in accordance with regulations adopted | ||||||
| 17 | by the Office of the State Fire Marshal. The owner or operator | ||||||
| 18 | shall certify to the Office of the State Fire Marshal that the | ||||||
| 19 | tank removal or abandonment was conducted in accordance with | ||||||
| 20 | all applicable rules and regulations, and the Office of the | ||||||
| 21 | State Fire Marshal shall then issue a certificate of removal | ||||||
| 22 | or abandonment to the owner or operator. If the Office of the | ||||||
| 23 | State Fire Marshal fails to issue a certificate of removal or | ||||||
| 24 | abandonment within 30 days of receipt of the certification, | ||||||
| 25 | the certification shall be considered rejected by operation of | ||||||
| 26 | law and a final action appealable to the Board. Nothing in this | ||||||
| |||||||
| |||||||
| 1 | Title shall prohibit the Office of the State Fire Marshal from | ||||||
| 2 | making an independent inspection of the site and challenging | ||||||
| 3 | the veracity of the owner or operator certification. | ||||||
| 4 | (g) The owner or operator of an underground storage tank | ||||||
| 5 | taken out of operation before January 2, 1974, or an | ||||||
| 6 | underground storage tank used exclusively to store heating oil | ||||||
| 7 | for consumptive use on the premises where stored and which | ||||||
| 8 | serves other than a farm or residential unit shall not be | ||||||
| 9 | required to remove or abandon in place such underground | ||||||
| 10 | storage tank except in the case in which the Office of the | ||||||
| 11 | State Fire Marshal has determined that a release from the | ||||||
| 12 | underground storage tank poses a current or potential threat | ||||||
| 13 | to human health and the environment. In that case, and upon | ||||||
| 14 | receipt of an order from the Office of the State Fire Marshal, | ||||||
| 15 | the owner or operator of such underground storage tank shall | ||||||
| 16 | conduct removal and, if necessary, site investigation and | ||||||
| 17 | corrective action in accordance with this Title and | ||||||
| 18 | regulations promulgated by the Office of the State Fire | ||||||
| 19 | Marshal and the Board. | ||||||
| 20 | (h) In the event that a release of petroleum occurred | ||||||
| 21 | between September 13, 1993, and August 1, 1994, for which the | ||||||
| 22 | Office of the State Fire Marshal issued a certificate of | ||||||
| 23 | removal or abandonment based on its determination of "no | ||||||
| 24 | release" or "minor release," and the Office of the State Fire | ||||||
| 25 | Marshal subsequently has rescinded that determination and | ||||||
| 26 | required a report of a confirmed release to the Illinois | ||||||
| |||||||
| |||||||
| 1 | Emergency Management Agency, the owner or operator may be | ||||||
| 2 | eligible for reimbursement for the costs of site investigation | ||||||
| 3 | and corrective action incurred on or after the date of the | ||||||
| 4 | release but prior to the notification of the Illinois | ||||||
| 5 | Emergency Management Agency. The date of the release shall be | ||||||
| 6 | the date of the initial inspection by the Office of the State | ||||||
| 7 | Fire Marshal as recorded in its inspection log. Eligibility | ||||||
| 8 | and deductibility shall be determined in accordance with this | ||||||
| 9 | Title, the owner or operator must comply with the provisions | ||||||
| 10 | of this Act and its rules, and in no case shall the owner or | ||||||
| 11 | operator be reimbursed for costs exceeding the minimum | ||||||
| 12 | requirements of this Act and its rules. | ||||||
| 13 | (Source: P.A. 92-554, eff. 6-24-02; revised 7-30-24.)
| ||||||
| 14 | (415 ILCS 5/57.8) | ||||||
| 15 | Sec. 57.8. Underground Storage Tank Fund; payment; options | ||||||
| 16 | for State payment; deferred correction election to commence | ||||||
| 17 | corrective action upon availability of funds. If an owner or | ||||||
| 18 | operator is eligible to access the Underground Storage Tank | ||||||
| 19 | Fund pursuant to an Office of the State Fire Marshal | ||||||
| 20 | eligibility/deductible final determination letter issued in | ||||||
| 21 | accordance with Section 57.9, the owner or operator may submit | ||||||
| 22 | a complete application for final or partial payment to the | ||||||
| 23 | Agency for activities taken in response to a confirmed | ||||||
| 24 | release. An owner or operator may submit a request for partial | ||||||
| 25 | or final payment regarding a site no more frequently than once | ||||||
| |||||||
| |||||||
| 1 | every 90 days. | ||||||
| 2 | (a) Payment after completion of corrective action | ||||||
| 3 | measures. The owner or operator may submit an application for | ||||||
| 4 | payment for activities performed at a site after completion of | ||||||
| 5 | the requirements of Sections 57.6 and 57.7, or after | ||||||
| 6 | completion of any other required activities at the underground | ||||||
| 7 | storage tank site. | ||||||
| 8 | (1) In the case of any approved plan and budget for | ||||||
| 9 | which payment is being sought, the Agency shall make a | ||||||
| 10 | payment determination within 120 days of receipt of the | ||||||
| 11 | application. Such determination shall be considered a | ||||||
| 12 | final decision. The Agency's review shall be limited to | ||||||
| 13 | generally accepted auditing and accounting practices. In | ||||||
| 14 | no case shall the Agency conduct additional review of any | ||||||
| 15 | plan which was completed within the budget, beyond | ||||||
| 16 | auditing for adherence to the corrective action measures | ||||||
| 17 | in the proposal. If the Agency fails to approve the | ||||||
| 18 | payment application within 120 days, such application | ||||||
| 19 | shall be deemed approved by operation of law and the | ||||||
| 20 | Agency shall proceed to reimburse the owner or operator | ||||||
| 21 | the amount requested in the payment application. However, | ||||||
| 22 | in no event shall the Agency reimburse the owner or | ||||||
| 23 | operator an amount greater than the amount approved in the | ||||||
| 24 | plan. | ||||||
| 25 | (2) If sufficient funds are available in the | ||||||
| 26 | Underground Storage Tank Fund, the Agency shall, within 60 | ||||||
| |||||||
| |||||||
| 1 | days, forward to the Office of the State Comptroller a | ||||||
| 2 | voucher in the amount approved under the payment | ||||||
| 3 | application. | ||||||
| 4 | (3) In the case of insufficient funds, the Agency | ||||||
| 5 | shall form a priority list for payment and shall notify | ||||||
| 6 | persons in such priority list monthly of the availability | ||||||
| 7 | of funds and when payment shall be made. Payment shall be | ||||||
| 8 | made to the owner or operator at such time as sufficient | ||||||
| 9 | funds become available for the costs associated with site | ||||||
| 10 | investigation and corrective action and costs expended for | ||||||
| 11 | activities performed where no proposal is required, if | ||||||
| 12 | applicable. Such priority list shall be available to any | ||||||
| 13 | owner or operator upon request. Priority for payment shall | ||||||
| 14 | be determined by the date the Agency receives a complete | ||||||
| 15 | request for partial or final payment. Upon receipt of | ||||||
| 16 | notification from the Agency that the requirements of this | ||||||
| 17 | Title have been met, the Comptroller shall make payment to | ||||||
| 18 | the owner or operator of the amount approved by the | ||||||
| 19 | Agency, if sufficient money exists in the Fund. If there | ||||||
| 20 | is insufficient money in the Fund, then payment shall not | ||||||
| 21 | be made. If the owner or operator appeals a final Agency | ||||||
| 22 | payment determination and it is determined that the owner | ||||||
| 23 | or operator is eligible for payment or additional payment, | ||||||
| 24 | the priority date for the payment or additional payment | ||||||
| 25 | shall be the same as the priority date assigned to the | ||||||
| 26 | original request for partial or final payment. | ||||||
| |||||||
| |||||||
| 1 | (4) Any deductible, as determined pursuant to the | ||||||
| 2 | Office of the State Fire Marshal's eligibility and | ||||||
| 3 | deductibility final determination in accordance with | ||||||
| 4 | Section 57.9, shall be subtracted from any payment invoice | ||||||
| 5 | paid to an eligible owner or operator. Only one deductible | ||||||
| 6 | shall apply per underground storage tank site. | ||||||
| 7 | (5) In the event that costs are or will be incurred in | ||||||
| 8 | addition to those approved by the Agency, or after | ||||||
| 9 | payment, the owner or operator may submit successive plans | ||||||
| 10 | containing amended budgets. The requirements of Section | ||||||
| 11 | 57.7 shall apply to any amended plans. | ||||||
| 12 | (6) For purposes of this Section, a complete | ||||||
| 13 | application shall consist of: | ||||||
| 14 | (A) A certification from a Licensed Professional | ||||||
| 15 | Engineer or Licensed Professional Geologist as | ||||||
| 16 | required under this Title and acknowledged by the | ||||||
| 17 | owner or operator. | ||||||
| 18 | (B) A statement of the amounts approved in the | ||||||
| 19 | budget and the amounts actually sought for payment | ||||||
| 20 | along with a certified statement by the owner or | ||||||
| 21 | operator that the amounts so sought were expended in | ||||||
| 22 | conformance with the approved budget. | ||||||
| 23 | (C) A copy of the Office of the State Fire | ||||||
| 24 | Marshal's eligibility and deductibility determination. | ||||||
| 25 | (D) Proof that approval of the payment requested | ||||||
| 26 | will not result in the limitations set forth in | ||||||
| |||||||
| |||||||
| 1 | subsection (g) of this Section being exceeded. | ||||||
| 2 | (E) A federal taxpayer identification number and | ||||||
| 3 | legal status disclosure certification on a form | ||||||
| 4 | prescribed and provided by the Agency. | ||||||
| 5 | (F) If the Agency determined under subsection | ||||||
| 6 | (c)(3) of Section 57.7 of this Act that corrective | ||||||
| 7 | action must include a project labor agreement, a | ||||||
| 8 | certification from the owner or operator that the | ||||||
| 9 | corrective action was (i) performed under a project | ||||||
| 10 | labor agreement that meets the requirements of Section | ||||||
| 11 | 25 of the Project Labor Agreements Act and (ii) | ||||||
| 12 | implemented in a manner consistent with the terms and | ||||||
| 13 | conditions of the Project Labor Agreements Act and in | ||||||
| 14 | full compliance with all statutes, regulations, and | ||||||
| 15 | Executive Orders as required under that Act and the | ||||||
| 16 | Prevailing Wage Act. | ||||||
| 17 | (b) Commencement of site investigation or corrective | ||||||
| 18 | action upon availability of funds. The Board shall adopt | ||||||
| 19 | regulations setting forth procedures based on risk to human | ||||||
| 20 | health or the environment under which the owner or operator | ||||||
| 21 | who has received approval for any budget plan submitted | ||||||
| 22 | pursuant to Section 57.7, and who is eligible for payment from | ||||||
| 23 | the Underground Storage Tank Fund pursuant to an Office of the | ||||||
| 24 | State Fire Marshal eligibility and deductibility | ||||||
| 25 | determination, may elect to defer site investigation or | ||||||
| 26 | corrective action activities until funds are available in an | ||||||
| |||||||
| |||||||
| 1 | amount equal to the amount approved in the budget. The | ||||||
| 2 | regulations shall establish criteria based on risk to human | ||||||
| 3 | health or the environment to be used for determining on a | ||||||
| 4 | site-by-site basis whether deferral is appropriate. The | ||||||
| 5 | regulations also shall establish the minimum investigatory | ||||||
| 6 | requirements for determining whether the risk based criteria | ||||||
| 7 | are present at a site considering deferral and procedures for | ||||||
| 8 | the notification of owners or operators of insufficient funds, | ||||||
| 9 | Agency review of request for deferral, notification of Agency | ||||||
| 10 | final decisions, returning deferred sites to active status, | ||||||
| 11 | and earmarking of funds for payment. | ||||||
| 12 | (c) When the owner or operator requests indemnification | ||||||
| 13 | for payment of costs incurred as a result of a release of | ||||||
| 14 | petroleum from an underground storage tank, if the owner or | ||||||
| 15 | operator has satisfied the requirements of subsection (a) of | ||||||
| 16 | this Section, the Agency shall forward a copy of the request to | ||||||
| 17 | the Attorney General. The Attorney General shall review and | ||||||
| 18 | approve the request for indemnification if: | ||||||
| 19 | (1) there is a legally enforceable judgment entered | ||||||
| 20 | against the owner or operator and such judgment was | ||||||
| 21 | entered due to harm caused by a release of petroleum from | ||||||
| 22 | an underground storage tank and such judgment was not | ||||||
| 23 | entered as a result of fraud; or | ||||||
| 24 | (2) a settlement with a third party due to a release of | ||||||
| 25 | petroleum from an underground storage tank is reasonable. | ||||||
| 26 | (d) (1) Notwithstanding any other provision of this Title, | ||||||
| |||||||
| |||||||
| 1 | the Agency shall not approve payment to an owner or operator | ||||||
| 2 | from the Fund for costs of corrective action or | ||||||
| 3 | indemnification incurred during a calendar year in excess of | ||||||
| 4 | the following aggregate amounts based on the number of | ||||||
| 5 | petroleum underground storage tanks owned or operated by such | ||||||
| 6 | owner or operator in Illinois. | ||||||
| 7 | Amount Number of Tanks
| ||||||
| 8 | $2,000,000........................fewer than 101
| ||||||
| 9 | $3,000,000................................101 or more | ||||||
| 10 | (2) (1) Costs incurred in excess of the aggregate amounts | ||||||
| 11 | set forth in paragraph (1) of this subsection shall not be | ||||||
| 12 | eligible for payment in subsequent years. | ||||||
| 13 | (3) (2) For purposes of this subsection, requests | ||||||
| 14 | submitted by any of the agencies, departments, boards, | ||||||
| 15 | committees, or commissions of the State of Illinois shall be | ||||||
| 16 | acted upon as claims from a single owner or operator. | ||||||
| 17 | (4) (3) For purposes of this subsection, owner or operator | ||||||
| 18 | includes (i) any subsidiary, parent, or joint stock company of | ||||||
| 19 | the owner or operator and (ii) any company owned by any parent, | ||||||
| 20 | subsidiary, or joint stock company of the owner or operator. | ||||||
| 21 | (e) Costs of corrective action or indemnification incurred | ||||||
| 22 | by an owner or operator which have been paid to an owner or | ||||||
| 23 | operator under a policy of insurance, another written | ||||||
| 24 | agreement, or a court order are not eligible for payment under | ||||||
| 25 | this Section. An owner or operator who receives payment under | ||||||
| 26 | a policy of insurance, another written agreement, or a court | ||||||
| |||||||
| |||||||
| 1 | order shall reimburse the State to the extent such payment | ||||||
| 2 | covers costs for which payment was received from the Fund. Any | ||||||
| 3 | monies received by the State under this subsection (e) shall | ||||||
| 4 | be deposited into the Fund. | ||||||
| 5 | (f) (Blank.). | ||||||
| 6 | (g) The Agency shall not approve any payment from the Fund | ||||||
| 7 | to pay an owner or operator: | ||||||
| 8 | (1) for costs of corrective action incurred by such | ||||||
| 9 | owner or operator in an amount in excess of $1,500,000 per | ||||||
| 10 | occurrence; and | ||||||
| 11 | (2) for costs of indemnification of such owner or | ||||||
| 12 | operator in an amount in excess of $1,500,000 per | ||||||
| 13 | occurrence. | ||||||
| 14 | (h) Payment of any amount from the Fund for corrective | ||||||
| 15 | action or indemnification shall be subject to the State | ||||||
| 16 | acquiring by subrogation the rights of any owner, operator, or | ||||||
| 17 | other person to recover the costs of corrective action or | ||||||
| 18 | indemnification for which the Fund has compensated such owner, | ||||||
| 19 | operator, or person from the person responsible or liable for | ||||||
| 20 | the release. | ||||||
| 21 | (i) If the Agency refuses to pay or authorizes only a | ||||||
| 22 | partial payment, the affected owner or operator may petition | ||||||
| 23 | the Board for a hearing in the manner provided for the review | ||||||
| 24 | of permit decisions in Section 40 of this Act. | ||||||
| 25 | (j) Costs of corrective action or indemnification incurred | ||||||
| 26 | by an owner or operator prior to July 28, 1989, shall not be | ||||||
| |||||||
| |||||||
| 1 | eligible for payment or reimbursement under this Section. | ||||||
| 2 | (k) The Agency shall not pay costs of corrective action or | ||||||
| 3 | indemnification incurred before providing notification of the | ||||||
| 4 | release of petroleum in accordance with the provisions of this | ||||||
| 5 | Title. | ||||||
| 6 | (l) Corrective action does not include legal defense | ||||||
| 7 | costs. Legal defense costs include legal costs for seeking | ||||||
| 8 | payment under this Title unless the owner or operator prevails | ||||||
| 9 | before the Board in which case the Board may authorize payment | ||||||
| 10 | of legal fees. | ||||||
| 11 | (m) The Agency may apportion payment of costs for plans | ||||||
| 12 | submitted under Section 57.7 if: | ||||||
| 13 | (1) the owner or operator was deemed eligible to | ||||||
| 14 | access the Fund for payment of corrective action costs for | ||||||
| 15 | some, but not all, of the underground storage tanks at the | ||||||
| 16 | site; and | ||||||
| 17 | (2) the owner or operator failed to justify all costs | ||||||
| 18 | attributable to each underground storage tank at the site. | ||||||
| 19 | (n) The Agency shall not pay costs associated with a | ||||||
| 20 | corrective action plan incurred after the Agency provides | ||||||
| 21 | notification to the owner or operator pursuant to item (7) of | ||||||
| 22 | subsection (b) of Section 57.7 that a revised corrective | ||||||
| 23 | action plan is required. Costs associated with any | ||||||
| 24 | subsequently approved corrective action plan shall be eligible | ||||||
| 25 | for reimbursement if they meet the requirements of this Title. | ||||||
| 26 | (Source: P.A. 98-109, eff. 7-25-13; revised 7-30-24.)
| ||||||
| |||||||
| |||||||
| 1 | (415 ILCS 5/57.9) | ||||||
| 2 | Sec. 57.9. Underground Storage Tank Fund; eligibility and | ||||||
| 3 | deductibility. | ||||||
| 4 | (a) The Underground Storage Tank Fund shall be accessible | ||||||
| 5 | by owners and operators who have a confirmed release from an | ||||||
| 6 | underground storage tank or related tank system of a substance | ||||||
| 7 | listed in this Section. The owner or operator is eligible to | ||||||
| 8 | access the Underground Storage Tank Fund if the eligibility | ||||||
| 9 | requirements of this Title are satisfied and: | ||||||
| 10 | (1) Neither the owner nor the operator is the United | ||||||
| 11 | States Government. | ||||||
| 12 | (2) The tank does not contain fuel which is exempt | ||||||
| 13 | from the Motor Fuel Tax Law. | ||||||
| 14 | (3) The costs were incurred as a result of a confirmed | ||||||
| 15 | release of any of the following substances: | ||||||
| 16 | (A) "Fuel", as defined in Section 1.19 of the | ||||||
| 17 | Motor Fuel Tax Law. | ||||||
| 18 | (B) Aviation fuel. | ||||||
| 19 | (C) Heating oil. | ||||||
| 20 | (D) Kerosene. | ||||||
| 21 | (E) Used oil which has been refined from crude oil | ||||||
| 22 | used in a motor vehicle, as defined in Section 1.3 of | ||||||
| 23 | the Motor Fuel Tax Law. | ||||||
| 24 | (4) The owner or operator registered the tank and paid | ||||||
| 25 | all fees in accordance with the statutory and regulatory | ||||||
| |||||||
| |||||||
| 1 | requirements of the Gasoline Storage Act. | ||||||
| 2 | (5) The owner or operator notified the Illinois | ||||||
| 3 | Emergency Management Agency of a confirmed release, the | ||||||
| 4 | costs were incurred after the notification and the costs | ||||||
| 5 | were a result of a release of a substance listed in this | ||||||
| 6 | Section. Costs of corrective action or indemnification | ||||||
| 7 | incurred before providing that notification shall not be | ||||||
| 8 | eligible for payment. | ||||||
| 9 | (6) The costs have not already been paid to the owner | ||||||
| 10 | or operator under a private insurance policy, other | ||||||
| 11 | written agreement, or court order. | ||||||
| 12 | (7) The costs were associated with "corrective action" | ||||||
| 13 | of this Act. | ||||||
| 14 | If the underground storage tank which experienced a | ||||||
| 15 | release of a substance listed in this Section was | ||||||
| 16 | installed after July 28, 1989, the owner or operator is | ||||||
| 17 | eligible to access the Underground Storage Tank Fund if it | ||||||
| 18 | is demonstrated to the Office of the State Fire Marshal | ||||||
| 19 | the tank was installed and operated in accordance with | ||||||
| 20 | Office of the State Fire Marshal regulatory requirements. | ||||||
| 21 | Office of the State Fire Marshal certification is prima | ||||||
| 22 | facie evidence the tank was installed pursuant to the | ||||||
| 23 | Office of the State Fire Marshal regulatory requirements. | ||||||
| 24 | (b) For releases reported prior to June 8, 2010 (the | ||||||
| 25 | effective date of Public Act 96-908) this amendatory Act of | ||||||
| 26 | the 96th General Assembly, an owner or operator may access the | ||||||
| |||||||
| |||||||
| 1 | Underground Storage Tank Fund for costs associated with an | ||||||
| 2 | Agency approved plan and the Agency shall approve the payment | ||||||
| 3 | of costs associated with corrective action after the | ||||||
| 4 | application of a $10,000 deductible, except in the following | ||||||
| 5 | situations: | ||||||
| 6 | (1) A deductible of $100,000 shall apply when none of | ||||||
| 7 | the underground storage tanks were registered prior to | ||||||
| 8 | July 28, 1989, except in the case of underground storage | ||||||
| 9 | tanks used exclusively to store heating oil for | ||||||
| 10 | consumptive use on the premises where stored and which | ||||||
| 11 | serve other than farms or residential units, a deductible | ||||||
| 12 | of $100,000 shall apply when none of these tanks were | ||||||
| 13 | registered prior to July 1, 1992. | ||||||
| 14 | (2) A deductible of $50,000 shall apply if any of the | ||||||
| 15 | underground storage tanks were registered prior to July | ||||||
| 16 | 28, 1989, and the State received notice of the confirmed | ||||||
| 17 | release prior to July 28, 1989. | ||||||
| 18 | (3) A deductible of $15,000 shall apply when one or | ||||||
| 19 | more, but not all, of the underground storage tanks were | ||||||
| 20 | registered prior to July 28, 1989, and the State received | ||||||
| 21 | notice of the confirmed release on or after July 28, 1989. | ||||||
| 22 | For releases reported on or after June 8, 2010 (the | ||||||
| 23 | effective date of Public Act 96-908) this amendatory Act of | ||||||
| 24 | the 96th General Assembly, an owner or operator may access the | ||||||
| 25 | Underground Storage Tank Fund for costs associated with an | ||||||
| 26 | Agency approved plan, and the Agency shall approve the payment | ||||||
| |||||||
| |||||||
| 1 | of costs associated with corrective action after the | ||||||
| 2 | application of a $5,000 deductible. | ||||||
| 3 | A deductible shall apply annually for each site at which | ||||||
| 4 | costs were incurred under a claim submitted pursuant to this | ||||||
| 5 | Title, except that if corrective action in response to an | ||||||
| 6 | occurrence takes place over a period of more than one year, in | ||||||
| 7 | subsequent years, no deductible shall apply for costs incurred | ||||||
| 8 | in response to such occurrence. | ||||||
| 9 | (c) Eligibility and deductibility determinations shall be | ||||||
| 10 | made by the Office of the State Fire Marshal. | ||||||
| 11 | (1) When an owner or operator reports a confirmed | ||||||
| 12 | release of a regulated substance, the Office of the State | ||||||
| 13 | Fire Marshal shall provide the owner or operator with an | ||||||
| 14 | "Eligibility and Deductibility Determination" form. The | ||||||
| 15 | form shall either be provided on-site or within 15 days of | ||||||
| 16 | the Office of the State Fire Marshal receipt of notice | ||||||
| 17 | indicating a confirmed release. The form shall request | ||||||
| 18 | sufficient information to enable the Office of the State | ||||||
| 19 | Fire Marshal to make a final determination as to owner or | ||||||
| 20 | operator eligibility to access the Underground Storage | ||||||
| 21 | Tank Fund pursuant to this Title and the appropriate | ||||||
| 22 | deductible. The form shall be promulgated as a rule or | ||||||
| 23 | regulation pursuant to the Illinois Administrative | ||||||
| 24 | Procedure Act by the Office of the State Fire Marshal. | ||||||
| 25 | Until such form is promulgated, the Office of the State | ||||||
| 26 | Fire Marshal shall use a form which generally conforms | ||||||
| |||||||
| |||||||
| 1 | with this Act. | ||||||
| 2 | (2) Within 60 days of receipt of the "Eligibility and | ||||||
| 3 | Deductibility Determination" form, the Office of the State | ||||||
| 4 | Fire Marshal shall issue one letter enunciating the final | ||||||
| 5 | eligibility and deductibility determination, and such | ||||||
| 6 | determination or failure to act within the time prescribed | ||||||
| 7 | shall be a final decision appealable to the Illinois | ||||||
| 8 | Pollution Control Board. | ||||||
| 9 | (Source: P.A. 96-908, eff. 6-8-10; revised 7-30-24.)
| ||||||
| 10 | (415 ILCS 5/59.1) | ||||||
| 11 | Sec. 59.1. Carbon capture permit requirements. For air | ||||||
| 12 | construction permit applications for carbon dioxide capture | ||||||
| 13 | projects at existing sources submitted on or after July 18, | ||||||
| 14 | 2024 (the effective date of Public Act 103-651) this | ||||||
| 15 | amendatory Act of the 103rd General Assembly, no permit may be | ||||||
| 16 | issued unless all of the following requirements are met: | ||||||
| 17 | (1) The permit applicant demonstrates that there will | ||||||
| 18 | be no net increase in the individual allowable potential | ||||||
| 19 | annual criteria pollutant emissions at the source. If the | ||||||
| 20 | Agency determines that it is technically infeasible for an | ||||||
| 21 | applicant to demonstrate that there will be no net | ||||||
| 22 | increase in the individual allowable potential annual | ||||||
| 23 | criteria pollutant emissions at the source, the Agency | ||||||
| 24 | shall allow an alternative demonstration. | ||||||
| 25 | (2) The Agency has complied with the public | ||||||
| |||||||
| |||||||
| 1 | participation requirements under 35 Ill. Adm. Code 252. | ||||||
| 2 | (3) The permit applicant submits to the Agency in its | ||||||
| 3 | permit application, a Greenhouse Gas Inventory Analysis, | ||||||
| 4 | as set forth in guidance from the United States | ||||||
| 5 | Environmental Protection Agency, that includes all | ||||||
| 6 | emissions at the stack or emissions source from which | ||||||
| 7 | carbon dioxide is captured and a demonstration that the | ||||||
| 8 | total greenhouse gas emissions associated with capture, | ||||||
| 9 | including, but not limited to, (i) the emissions at the | ||||||
| 10 | stack or emissions source from which the carbon dioxide is | ||||||
| 11 | captured, (ii) the additional emissions associated with | ||||||
| 12 | additional electricity generated, whether on-site or | ||||||
| 13 | off-site, used to power any capture equipment, and (iii) | ||||||
| 14 | any increased emissions necessary for the operation of the | ||||||
| 15 | capture facility as compared to before the installation | ||||||
| 16 | and operation of the capture equipment at the facility, do | ||||||
| 17 | not exceed the total amount of greenhouse gas emissions | ||||||
| 18 | captured. This comparison shall be made on an annual | ||||||
| 19 | basis, projected across the proposed life span of the | ||||||
| 20 | capture project. | ||||||
| 21 | (4) The permit applicant provides a water impact | ||||||
| 22 | assessment report. The report must have been submitted to | ||||||
| 23 | the Department of Natural Resources and to the Soil and | ||||||
| 24 | Water Conservation District in the county in which the | ||||||
| 25 | project will be constructed. The report shall identify the | ||||||
| 26 | following: | ||||||
| |||||||
| |||||||
| 1 | (A) each water source to be used by the project; | ||||||
| 2 | (B) the pumping method to be used by the project; | ||||||
| 3 | (C) the maximum and expected average daily pumping | ||||||
| 4 | rates for the pumps used by the project; | ||||||
| 5 | (D) the impacts to each water source used by the | ||||||
| 6 | project, such as aquifer drawdown or river reductions; | ||||||
| 7 | and | ||||||
| 8 | (E) a detailed assessment of the impact on water | ||||||
| 9 | users near the area of impact. | ||||||
| 10 | The water impact assessment shall consider the water | ||||||
| 11 | impacts (i) immediately following the project's initial | ||||||
| 12 | operations, (ii) at the end of the project's expected | ||||||
| 13 | operational life, and (iii) during a drought or other | ||||||
| 14 | similar event. | ||||||
| 15 | The permit applicant shall submit a certification to the | ||||||
| 16 | Agency that the applicant has submitted its initial water use | ||||||
| 17 | impact study and the applicant's ongoing water usage to the | ||||||
| 18 | Department of Natural Resources. This requirement may be | ||||||
| 19 | satisfied by submitting to the Agency copies of documents | ||||||
| 20 | provided to the United States Environmental Protection Agency | ||||||
| 21 | in accordance with 40 CFR 146.82 if the applicant satisfies | ||||||
| 22 | the requirements of this Section. | ||||||
| 23 | (Source: P.A. 103-651, eff. 7-18-24; revised 10-24-24.)
| ||||||
| 24 | (415 ILCS 5/59.9) | ||||||
| 25 | Sec. 59.9. Closure. The owner or operator of a carbon | ||||||
| |||||||
| |||||||
| 1 | sequestration activity permitted in accordance with this Act | ||||||
| 2 | shall monitor the site during the post-injection site care | ||||||
| 3 | period, which shall be no less than 30 years after the last | ||||||
| 4 | date of injection, as well as following certification of | ||||||
| 5 | closure by United States Environmental Protection Agency Act | ||||||
| 6 | to show the position of the carbon dioxide and pressure front | ||||||
| 7 | to ensure it does not pose an endangerment to groundwater, as | ||||||
| 8 | specified in 35 Ill. Adm. Code 620, or to human health or the | ||||||
| 9 | environment, unless and until the Agency certifies that a | ||||||
| 10 | carbon sequestration facility is closed. Air and soil gas | ||||||
| 11 | monitoring required by a carbon sequestration activity permit | ||||||
| 12 | issued by the Agency must continue until the Agency certifies | ||||||
| 13 | the carbon sequestration facility as closed. The Agency shall | ||||||
| 14 | certify a carbon sequestration facility as closed if: | ||||||
| 15 | (1) the owner or operator submits to the Agency a copy | ||||||
| 16 | of a closure certification issued for the carbon | ||||||
| 17 | sequestration facility in accordance with 40 CFR 146.93; | ||||||
| 18 | and | ||||||
| 19 | (2) the owner or operator demonstrates to the Agency | ||||||
| 20 | that no additional air or soil gas monitoring is needed to | ||||||
| 21 | ensure the carbon sequestration facility does not pose an | ||||||
| 22 | endangerment to groundwater, as specified in 35 Ill. Adm. | ||||||
| 23 | Code 620, or to human health or the environment. | ||||||
| 24 | This demonstration must include location-specific | ||||||
| 25 | monitoring data. The certification of closure does not relieve | ||||||
| 26 | an operator of any liabilities from the carbon sequestration | ||||||
| |||||||
| |||||||
| 1 | activity or carbon sequestration facility. | ||||||
| 2 | (Source: P.A. 103-651, eff. 7-18-24; revised 10-23-24.)
| ||||||
| 3 | (415 ILCS 5/59.10) | ||||||
| 4 | Sec. 59.10. Financial assurance. | ||||||
| 5 | (a) The owner or operator of a sequestration activity | ||||||
| 6 | permitted in accordance with this Act shall maintain financial | ||||||
| 7 | assurance in an amount equal to or greater than the cost | ||||||
| 8 | estimate calculated in accordance with paragraph (11) of | ||||||
| 9 | Section 59.6. | ||||||
| 10 | (b) The owner or operator of the sequestration activity | ||||||
| 11 | must use one or a combination of the following mechanisms as | ||||||
| 12 | financial assurance: | ||||||
| 13 | (1) a fully funded trust fund; | ||||||
| 14 | (2) a surety bond guaranteeing payment; | ||||||
| 15 | (3) a surety bond guaranteeing performance; or | ||||||
| 16 | (4) an irrevocable letter of credit. | ||||||
| 17 | (c) The financial assurance mechanism must identify the | ||||||
| 18 | Agency as the sole beneficiary. | ||||||
| 19 | (d) The financial assurance mechanism shall be on forms | ||||||
| 20 | adopted by the Agency. The Agency must adopt these forms | ||||||
| 21 | within 90 days of the date of July 18, 2024 (the effective date | ||||||
| 22 | of Public Act 103-651) this amendatory Act of the 103rd | ||||||
| 23 | General Assembly. | ||||||
| 24 | (e) The Agency shall release a trustee, surety, or other | ||||||
| 25 | financial institution holding a financial assurance mechanism | ||||||
| |||||||
| |||||||
| 1 | when: | ||||||
| 2 | (1) the owner or operator of a carbon sequestration | ||||||
| 3 | activity substitutes alternative financial assurance such | ||||||
| 4 | that the total financial assurance for the site is equal | ||||||
| 5 | to or greater than the current cost estimate, without | ||||||
| 6 | counting the amounts to be released; or | ||||||
| 7 | (2) the Agency determines that the owner or operator | ||||||
| 8 | is no longer required to maintain a permit. | ||||||
| 9 | (f) The Agency may enter into contracts and agreements it | ||||||
| 10 | deems necessary to carry out the purposes of this Section, | ||||||
| 11 | including, but not limited to, interagency agreements with the | ||||||
| 12 | Illinois State Geological Survey, the Department of Natural | ||||||
| 13 | Resources, or other agencies of the State. Neither the State | ||||||
| 14 | nor any State employee shall be liable for any damages or | ||||||
| 15 | injuries arising out of or resulting from any action taken | ||||||
| 16 | under paragraph (11) of Section 59.6. | ||||||
| 17 | (g) The Agency may order that a permit holder modify the | ||||||
| 18 | financial assurance or order that proceeds from financial | ||||||
| 19 | assurance be applied to the remedial action at or closure of an | ||||||
| 20 | injection site. The Agency may pursue legal action in any | ||||||
| 21 | court of competent jurisdiction to enforce its rights under | ||||||
| 22 | financial instruments used to provide the financial assurance | ||||||
| 23 | required under Section 59.10. | ||||||
| 24 | (h) An owner or operator of a carbon sequestration | ||||||
| 25 | activity permitted in accordance with this Act that has a | ||||||
| 26 | closure plan approved by the United States Environmental | ||||||
| |||||||
| |||||||
| 1 | Protection Agency in accordance with 40 CFR 146.93 may satisfy | ||||||
| 2 | the financial assurance requirements for any portion of the | ||||||
| 3 | cost estimates for closure costs required by the Agency by | ||||||
| 4 | submitting to the Agency true copies of the financial | ||||||
| 5 | assurance mechanism required by 40 CFR 146.85, if those | ||||||
| 6 | mechanisms are compliant with Section 59.10. | ||||||
| 7 | (Source: P.A. 103-651, eff. 7-18-24; revised 10-24-24.)
| ||||||
| 8 | Section 960. The Pesticide Application on Rights-of-Way | ||||||
| 9 | Notification Act is amended by changing Section 1 as follows:
| ||||||
| 10 | (415 ILCS 61/1) | ||||||
| 11 | Sec. 1. Short title. This Act may be cited as the the | ||||||
| 12 | Pesticide Application on Rights-of-Way Notification Act. | ||||||
| 13 | (Source: P.A. 103-976, eff. 1-1-25; revised 12-4-24.)
| ||||||
| 14 | Section 965. The Lawn Care Products Application and Notice | ||||||
| 15 | Act is amended by changing Section 5a as follows:
| ||||||
| 16 | (415 ILCS 65/5a) | ||||||
| 17 | Sec. 5a. Fertilizer; application restrictions. | ||||||
| 18 | (a) No applicator for hire shall: | ||||||
| 19 | (1) Apply phosphorus-containing fertilizer to a lawn, | ||||||
| 20 | except as demonstrated to be necessary by a soil test that | ||||||
| 21 | establishes that the soil is lacking in phosphorus | ||||||
| 22 | phosphorous when compared against the standard established | ||||||
| |||||||
| |||||||
| 1 | by the University of Illinois. The soil test required | ||||||
| 2 | under this paragraph (1) shall be conducted no more than | ||||||
| 3 | 36 months before the intended application of the | ||||||
| 4 | fertilizer and by a soil testing laboratory that has been | ||||||
| 5 | identified by the University of Illinois as an acceptable | ||||||
| 6 | laboratory for soil testing. However, a soil test shall | ||||||
| 7 | not be required under this paragraph (1) if the fertilizer | ||||||
| 8 | to be applied is a 0% phosphate fertilizer or the | ||||||
| 9 | fertilizer is being applied to establish a lawn in the | ||||||
| 10 | first 2 growing seasons. | ||||||
| 11 | (2) Apply fertilizer to an impervious surface, except | ||||||
| 12 | where the application is inadvertent and fertilizer is | ||||||
| 13 | swept or blown back into the target area or returned to | ||||||
| 14 | either its original or another appropriate container for | ||||||
| 15 | reuse. | ||||||
| 16 | (3) Apply fertilizer using a spray, drop, or rotary | ||||||
| 17 | spreader with a deflector within a 3 foot buffer of any | ||||||
| 18 | water body, except that when this equipment is not used, | ||||||
| 19 | fertilizer may not be applied within a 15 foot buffer of | ||||||
| 20 | any water body. | ||||||
| 21 | (4) Apply fertilizer at any time when the lawn is | ||||||
| 22 | frozen or saturated. For the purposes of this paragraph | ||||||
| 23 | (4), a lawn is frozen when its root system is frozen | ||||||
| 24 | (typically 3 or 4 inches down), and a lawn is saturated | ||||||
| 25 | when it bears ample evidence of being or having been | ||||||
| 26 | inundated by standing water. | ||||||
| |||||||
| |||||||
| 1 | (b) This Section does not apply to the application of | ||||||
| 2 | fertilizer on property used in the operation of a commercial | ||||||
| 3 | farm, lands classified as agricultural lands, or golf courses. | ||||||
| 4 | (c) This Section does not apply to the application of lawn | ||||||
| 5 | repair products. | ||||||
| 6 | (d) Paragraph (1) of subsection (a) of this Section does | ||||||
| 7 | not apply to the application of animal or vegetable manure | ||||||
| 8 | that is ground, pelletized, mechanically dried, packaged, or | ||||||
| 9 | supplemented with plant nutrients or other substances other | ||||||
| 10 | than phosphorus. | ||||||
| 11 | (Source: P.A. 96-1005, eff. 7-6-10; revised 7-30-24.)
| ||||||
| 12 | Section 970. The Illinois Low-Level Radioactive Waste | ||||||
| 13 | Management Act is amended by changing Section 3 as follows:
| ||||||
| 14 | (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3) | ||||||
| 15 | Sec. 3. Definitions. As used in this Act: | ||||||
| 16 | "Agency" or "IEMA-OHS" means the Illinois Emergency | ||||||
| 17 | Management Agency and Office of Homeland Security, or its | ||||||
| 18 | successor agency. | ||||||
| 19 | "Broker" means any person who takes possession of | ||||||
| 20 | low-level waste for purposes of consolidation and shipment. | ||||||
| 21 | "Compact" means the Central Midwest Interstate Low-Level | ||||||
| 22 | Radioactive Waste Compact. | ||||||
| 23 | "Decommissioning" means the measures taken at the end of a | ||||||
| 24 | facility's operating life to assure the continued protection | ||||||
| |||||||
| |||||||
| 1 | of the public from any residual radioactivity or other | ||||||
| 2 | potential hazards present at a facility. | ||||||
| 3 | "Director" means the Director of the Agency. | ||||||
| 4 | "Disposal" means the isolation of waste from the biosphere | ||||||
| 5 | in a permanent facility designed for that purpose. | ||||||
| 6 | "Facility" means a parcel of land or site, together with | ||||||
| 7 | structures, equipment and improvements on or appurtenant to | ||||||
| 8 | the land or site, which is used or is being developed for the | ||||||
| 9 | treatment, storage or disposal of low-level radioactive waste. | ||||||
| 10 | "Facility" does not include lands, sites, structures, or | ||||||
| 11 | equipment used by a generator in the generation of low-level | ||||||
| 12 | radioactive wastes. | ||||||
| 13 | "Generator" means any person who produces or possesses | ||||||
| 14 | low-level radioactive waste in the course of or incident to | ||||||
| 15 | manufacturing, power generation, processing, medical diagnosis | ||||||
| 16 | and treatment, research, education, or other activity. | ||||||
| 17 | "Hazardous waste" means a waste, or combination of wastes, | ||||||
| 18 | which because of its quantity, concentration, or physical, | ||||||
| 19 | chemical, or infectious characteristics may cause or | ||||||
| 20 | significantly contribute to an increase in mortality or an | ||||||
| 21 | increase in serious, irreversible, or incapacitating | ||||||
| 22 | reversible, illness; or pose a substantial present or | ||||||
| 23 | potential hazard to human health or the environment when | ||||||
| 24 | improperly treated, stored, transported, or disposed of, or | ||||||
| 25 | otherwise managed, and which has been identified, by | ||||||
| 26 | characteristics or listing, as hazardous under Section 3001 of | ||||||
| |||||||
| |||||||
| 1 | the Resource Conservation and Recovery Act of 1976, P.L. | ||||||
| 2 | 94-580 or under regulations of the Pollution Control Board. | ||||||
| 3 | "High-level radioactive waste" means: | ||||||
| 4 | (1) the highly radioactive material resulting from the | ||||||
| 5 | reprocessing of spent nuclear fuel including liquid waste | ||||||
| 6 | produced directly in reprocessing and any solid material | ||||||
| 7 | derived from the liquid waste that contains fission | ||||||
| 8 | products in sufficient concentrations; and | ||||||
| 9 | (2) the highly radioactive material that the Nuclear | ||||||
| 10 | Regulatory Commission has determined, on July 21, 1988 | ||||||
| 11 | (the effective date of Public Act 85-1133) this Amendatory | ||||||
| 12 | Act of 1988, to be high-level radioactive waste requiring | ||||||
| 13 | permanent isolation. | ||||||
| 14 | "Low-level radioactive waste" or "waste" means radioactive | ||||||
| 15 | waste not classified as (1) high-level radioactive waste, (2) | ||||||
| 16 | transuranic waste, (3) spent nuclear fuel, or (4) byproduct | ||||||
| 17 | material as defined in Sections 11e(2), 11e(3), and 11e(4) of | ||||||
| 18 | the Atomic Energy Act of 1954 (42 U.S.C. 2014). This | ||||||
| 19 | definition shall apply notwithstanding any declaration by the | ||||||
| 20 | federal government, a state, or any regulatory agency that any | ||||||
| 21 | radioactive material is exempt from any regulatory control. | ||||||
| 22 | "Mixed waste" means waste that is both "hazardous waste" | ||||||
| 23 | and "low-level radioactive waste" as defined in this Act. | ||||||
| 24 | "Nuclear facilities" means nuclear power plants, | ||||||
| 25 | facilities housing nuclear test and research reactors, | ||||||
| 26 | facilities for the chemical conversion of uranium, and | ||||||
| |||||||
| |||||||
| 1 | facilities for the storage of spent nuclear fuel or high-level | ||||||
| 2 | radioactive waste. | ||||||
| 3 | "Nuclear power plant" or "nuclear steam-generating | ||||||
| 4 | facility" means a thermal power plant in which the energy | ||||||
| 5 | (heat) released by the fissioning of nuclear fuel is used to | ||||||
| 6 | boil water to produce steam. | ||||||
| 7 | "Nuclear power reactor" means an apparatus, other than an | ||||||
| 8 | atomic weapon, designed or used to sustain nuclear fission in | ||||||
| 9 | a self-supporting chain reaction. | ||||||
| 10 | "Person" means an individual, corporation, business | ||||||
| 11 | enterprise, or other legal entity either public or private and | ||||||
| 12 | any legal successor, representative, agent, or agency of that | ||||||
| 13 | individual, corporation, business enterprise, or legal entity. | ||||||
| 14 | "Post-closure care" means the continued monitoring of the | ||||||
| 15 | regional disposal facility after closure for the purposes of | ||||||
| 16 | detecting a need for maintenance, ensuring environmental | ||||||
| 17 | safety, and determining compliance with applicable licensure | ||||||
| 18 | and regulatory requirements, and includes undertaking any | ||||||
| 19 | remedial actions necessary to protect public health and the | ||||||
| 20 | environment from radioactive releases from the facility. | ||||||
| 21 | "Regional disposal facility" or "disposal facility" means | ||||||
| 22 | the facility established by the State of Illinois under this | ||||||
| 23 | Act for disposal away from the point of generation of waste | ||||||
| 24 | generated in the region of the Compact. | ||||||
| 25 | "Release" means any spilling, leaking, pumping, pouring, | ||||||
| 26 | emitting, emptying, discharging, injecting, escaping, | ||||||
| |||||||
| |||||||
| 1 | leaching, dumping, or disposing into the environment of | ||||||
| 2 | low-level radioactive waste. | ||||||
| 3 | "Remedial action" means those actions taken in the event | ||||||
| 4 | of a release or threatened release of low-level radioactive | ||||||
| 5 | waste into the environment, to prevent or minimize the release | ||||||
| 6 | of the waste so that it does not migrate to cause substantial | ||||||
| 7 | danger to present or future public health or welfare or the | ||||||
| 8 | environment. The term includes, but is not limited to, actions | ||||||
| 9 | at the location of the release such as storage, confinement, | ||||||
| 10 | perimeter protection using dikes, trenches or ditches, clay | ||||||
| 11 | cover, neutralization, cleanup of released low-level | ||||||
| 12 | radioactive wastes, recycling or reuse, dredging or | ||||||
| 13 | excavations, repair or replacement of leaking containers, | ||||||
| 14 | collection of leachate and runoff, onsite treatment or | ||||||
| 15 | incineration, provision of alternative water supplies, and any | ||||||
| 16 | monitoring reasonably required to assure that these actions | ||||||
| 17 | protect human health and the environment. | ||||||
| 18 | "Scientific Surveys" means, collectively, the Illinois | ||||||
| 19 | State Geological Survey and the Illinois State Water Survey of | ||||||
| 20 | the University of Illinois. | ||||||
| 21 | "Shallow land burial" means a land disposal facility in | ||||||
| 22 | which radioactive waste is disposed of in or within the upper | ||||||
| 23 | 30 meters of the earth's surface. However, this definition | ||||||
| 24 | shall not include an enclosed, engineered, structurally | ||||||
| 25 | re-enforced and solidified bunker that extends below the | ||||||
| 26 | earth's surface. | ||||||
| |||||||
| |||||||
| 1 | "Small modular reactor" or "SMR" means an advanced nuclear | ||||||
| 2 | reactor: (1) with a rated nameplate capacity of 300 electrical | ||||||
| 3 | megawatts or less; and (2) that may be constructed and | ||||||
| 4 | operated in combination with similar reactors at a single | ||||||
| 5 | site. | ||||||
| 6 | "Storage" means the temporary holding of waste for | ||||||
| 7 | treatment or disposal for a period determined by Agency | ||||||
| 8 | regulations. | ||||||
| 9 | "Treatment" means any method, technique, or process, | ||||||
| 10 | including storage for radioactive decay, designed to change | ||||||
| 11 | the physical, chemical, or biological characteristics or | ||||||
| 12 | composition of any waste in order to render the waste safer for | ||||||
| 13 | transport, storage, or disposal, amenable to recovery, | ||||||
| 14 | convertible to another usable material, or reduced in volume. | ||||||
| 15 | "Waste management" means the storage, transportation, | ||||||
| 16 | treatment, or disposal of waste. | ||||||
| 17 | (Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24; | ||||||
| 18 | revised 7-30-24.)
| ||||||
| 19 | Section 975. The Radioactive Waste Tracking and Permitting | ||||||
| 20 | Act is amended by changing Section 10 as follows:
| ||||||
| 21 | (420 ILCS 37/10) | ||||||
| 22 | Sec. 10. Definitions. As used in this Act: | ||||||
| 23 | (a) "Agency" or "IEMA-OHS" means the Illinois Emergency | ||||||
| 24 | Management Agency and Office of Homeland Security, or its | ||||||
| |||||||
| |||||||
| 1 | successor agency. | ||||||
| 2 | (b) "Director" means the Director of the Agency. | ||||||
| 3 | (c) "Disposal" means the isolation of waste from the | ||||||
| 4 | biosphere in a permanent facility designed for that purpose. | ||||||
| 5 | (d) "Facility" means a parcel of land or a site, together | ||||||
| 6 | with structures, equipment, and improvements on or appurtenant | ||||||
| 7 | to the land or site, that is used or is being developed for the | ||||||
| 8 | treatment, storage, or disposal of low-level radioactive | ||||||
| 9 | waste. | ||||||
| 10 | (e) "Low-level radioactive waste" or "waste" means | ||||||
| 11 | radioactive waste not classified as (1) high-level radioactive | ||||||
| 12 | waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) | ||||||
| 13 | byproduct material as defined in Sections 11e(2), 11e(3), and | ||||||
| 14 | 11e(4) of the Atomic Energy Act (42 U.S.C. 2014). This | ||||||
| 15 | definition shall apply notwithstanding any declaration by the | ||||||
| 16 | federal government, a state, or any regulatory agency that any | ||||||
| 17 | radioactive material is exempt from any regulatory control. | ||||||
| 18 | (e-5) "Nuclear facilities" means nuclear power plants, | ||||||
| 19 | facilities housing nuclear test and research reactors, | ||||||
| 20 | facilities for the chemical conversion of uranium, and | ||||||
| 21 | facilities for the storage of spent nuclear fuel or high-level | ||||||
| 22 | radioactive waste. | ||||||
| 23 | (e-10) "Nuclear power plant" or "nuclear steam-generating | ||||||
| 24 | facility" means a thermal power plant in which the energy | ||||||
| 25 | (heat) released by the fissioning of nuclear fuel is used to | ||||||
| 26 | boil water to produce steam. | ||||||
| |||||||
| |||||||
| 1 | (e-15) "Nuclear power reactor" means an apparatus, other | ||||||
| 2 | than an atomic weapon, designed or used to sustain nuclear | ||||||
| 3 | fission in a self-supporting chain reaction. | ||||||
| 4 | (e-20) "Small modular reactor" or "SMR" means an advanced | ||||||
| 5 | nuclear reactor: (1) with a rated nameplate capacity of 300 | ||||||
| 6 | electrical megawatts or less; and (2) that may be constructed | ||||||
| 7 | and operated in combination with similar reactors at a single | ||||||
| 8 | site. | ||||||
| 9 | (f) "Person" means an individual, corporation, business | ||||||
| 10 | enterprise, or other legal entity, public or private, or any | ||||||
| 11 | legal successor, representative, agent, or agency of that | ||||||
| 12 | individual, corporation, business enterprise, or legal entity. | ||||||
| 13 | (g) "Regional facility" or "disposal facility" means a | ||||||
| 14 | facility that is located in Illinois and established by | ||||||
| 15 | Illinois, under designation of Illinois as a host state by the | ||||||
| 16 | Commission for disposal of waste. | ||||||
| 17 | (h) "Storage" means the temporary holding of waste for | ||||||
| 18 | treatment or disposal for a period determined by Agency | ||||||
| 19 | regulations. | ||||||
| 20 | (i) "Treatment" means any method, technique, or process, | ||||||
| 21 | including storage for radioactive decay, that is designed to | ||||||
| 22 | change the physical, chemical, or biological characteristics | ||||||
| 23 | or composition of any waste in order to render the waste safer | ||||||
| 24 | for transport, storage, or disposal, amenable to recovery, | ||||||
| 25 | convertible to another usable material, or reduced in volume. | ||||||
| 26 | (Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24; | ||||||
| |||||||
| |||||||
| 1 | revised 7-31-24.)
| ||||||
| 2 | Section 980. The Radiation Protection Act of 1990 is | ||||||
| 3 | amended by changing Section 14 as follows:
| ||||||
| 4 | (420 ILCS 40/14) (from Ch. 111 1/2, par. 210-14) | ||||||
| 5 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 6 | Sec. 14. Radiation Protection Advisory Council. There | ||||||
| 7 | shall be created a Radiation Protection Advisory Council | ||||||
| 8 | consisting of 7 members to be appointed by the Governor on the | ||||||
| 9 | basis of demonstrated interest in and capacity to further the | ||||||
| 10 | purposes of this Act and who shall broadly reflect the varied | ||||||
| 11 | interests in and aspects of atomic energy and ionizing | ||||||
| 12 | radiation within the State. The Director of the Department of | ||||||
| 13 | Labor and the Chairman of the Commerce Commission or their | ||||||
| 14 | representatives shall be ex-officio members of the Council. | ||||||
| 15 | Each member of the Council shall be appointed for a 4 year | ||||||
| 16 | term and shall continue to serve until a successor is | ||||||
| 17 | appointed. Any member appointed to fill a vacancy occurring | ||||||
| 18 | prior to the expiration of the term for which his or her | ||||||
| 19 | predecessor was appointed shall continue to serve until a | ||||||
| 20 | successor is appointed. The Chairman of the Council shall be | ||||||
| 21 | selected by and from the Council membership. The Council | ||||||
| 22 | members shall serve without compensation but shall be | ||||||
| 23 | reimbursed for their actual expenses incurred in line of duty. | ||||||
| 24 | The Council shall meet as often as the Chairman deems | ||||||
| |||||||
| |||||||
| 1 | necessary, but upon request of 4 or more members it shall be | ||||||
| 2 | the duty of the Chairman to call a meeting of the Council. | ||||||
| 3 | It shall be the duty of the Council to assist in the | ||||||
| 4 | formulation of and to review the policies and program of the | ||||||
| 5 | Agency as developed under authority of this Act and to make | ||||||
| 6 | recommendations thereon and to provide the Agency with such | ||||||
| 7 | technical advice and assistance as may be requested. The | ||||||
| 8 | Council may employ such professional, technical, clerical, and | ||||||
| 9 | other assistants, without regard to the civil service laws or | ||||||
| 10 | the "Personnel Code" of this State, as it deems necessary to | ||||||
| 11 | carry out its duties. | ||||||
| 12 | Individuals who serve on advisory boards of the Department | ||||||
| 13 | of Nuclear Safety or its successor agency, the Agency, shall | ||||||
| 14 | be defended by the Attorney General and indemnified for all | ||||||
| 15 | actions alleging a violation of any duty arising within the | ||||||
| 16 | scope of their service on such board. Nothing contained herein | ||||||
| 17 | shall be deemed to afford defense or indemnification for any | ||||||
| 18 | willful or wanton violation of law. Such defense and | ||||||
| 19 | indemnification shall be afforded in accordance with the terms | ||||||
| 20 | and provisions of the State Employee Indemnification Act. | ||||||
| 21 | (Source: P.A. 103-569, eff. 6-1-24; revised 10-23-24.)
| ||||||
| 22 | Section 985. The Space Heating Safety Act is amended by | ||||||
| 23 | changing Section 3 as follows:
| ||||||
| 24 | (425 ILCS 65/3) (from Ch. 127 1/2, par. 703) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3. Definitions. As used in this Act, the following | ||||||
| 2 | terms shall have the following meanings: | ||||||
| 3 | (a) "Integral Reservoir" means the container for the | ||||||
| 4 | supply of fuel held within the heating unit. | ||||||
| 5 | (b) "Self-supporting heater" means any heater with an | ||||||
| 6 | integral reservoir for fuel. | ||||||
| 7 | (c) "Portable Kerosene Fueled Heater" means any | ||||||
| 8 | nonflue-connected, self-contained, self-supporting, kerosene | ||||||
| 9 | fueled, heating appliance equipped with an integral reservoir, | ||||||
| 10 | designed to be carried from one location to another, but | ||||||
| 11 | excluding any heater designed to be used solely in buildings | ||||||
| 12 | under construction, or for agricultural purposes. | ||||||
| 13 | (d) "Nationally Recognized Testing Laboratory" means any | ||||||
| 14 | of the following testing or inspection agencies: Underwriters | ||||||
| 15 | Laboratories, Inc., Canadian Standards Association, Factory | ||||||
| 16 | Mutual System, and Applied Research Laboratories of Florida, | ||||||
| 17 | Inc. | ||||||
| 18 | (e) "Listed heater" means any portable oil fueled heater | ||||||
| 19 | which has been evaluated with respect to reasonably | ||||||
| 20 | foreseeable hazards to life and property by a nationally | ||||||
| 21 | recognized testing laboratory, and which is certified to | ||||||
| 22 | comply with minimum standards of design and performance | ||||||
| 23 | required by Underwriter's Laboratory Subject 647 (1984), and | ||||||
| 24 | which has been authorized by the Office of the State Fire | ||||||
| 25 | Marshal as being reasonably safe for its specific purpose and | ||||||
| 26 | shown in a list published by such agency and bears the mark of | ||||||
| |||||||
| |||||||
| 1 | such agency as an indication that it has been so authorized. | ||||||
| 2 | Any evaluation shall include, but not be limited to, | ||||||
| 3 | evaluation of the design and labeling requirements hereinafter | ||||||
| 4 | set forth in Section 4 of this Act and shall further include | ||||||
| 5 | certain quality control procedures that must be implemented in | ||||||
| 6 | the manufacturing process. | ||||||
| 7 | (f) "Approved heater" means any listed heater is an | ||||||
| 8 | approved heater. | ||||||
| 9 | (g) "Structure" means any building. | ||||||
| 10 | (h) "Multifamily Dwelling" means a dwelling which is | ||||||
| 11 | either rented, leased, let or hired out to be occupied, or is | ||||||
| 12 | occupied as the residence or home of 3 or more families or | ||||||
| 13 | persons living independently of each other. | ||||||
| 14 | (i) "Residential Use" means any use in a single family | ||||||
| 15 | dwelling, apartment house, or multiple family dwelling. | ||||||
| 16 | (j) "Owner" means the owner of the freehold of any real | ||||||
| 17 | property or of a lesser estate therein, a mortgagee or vendee | ||||||
| 18 | in possession, assignee of rents, receiver, executor, trustee, | ||||||
| 19 | lessee, agent, or any other person, firm, or corporation | ||||||
| 20 | directly or indirectly in control of real property. | ||||||
| 21 | (Source: P.A. 84-834; revised 8-7-24.)
| ||||||
| 22 | Section 990. The Gasoline Storage Act is amended by | ||||||
| 23 | changing Sections 4 and 6 as follows:
| ||||||
| 24 | (430 ILCS 15/4) (from Ch. 127 1/2, par. 156) | ||||||
| |||||||
| |||||||
| 1 | Sec. 4. Underground Storage Tank Program; administration. | ||||||
| 2 | (a) In cooperation with the Illinois Environmental | ||||||
| 3 | Protection Agency, the Office of the State Fire Marshal shall | ||||||
| 4 | administer the Illinois Underground Storage Tank Program in | ||||||
| 5 | accordance with this Section and Section 22.12 of the | ||||||
| 6 | Environmental Protection Act. | ||||||
| 7 | (b) (1)(A) The owner of an underground storage tank that | ||||||
| 8 | was not taken out of operation before January 2, 1974, and that | ||||||
| 9 | at any time between January 1, 1974, and September 24, 1987, | ||||||
| 10 | contained petroleum or petroleum products or hazardous | ||||||
| 11 | substances, with the exception of hazardous wastes, shall | ||||||
| 12 | register the tank with the Office of the State Fire Marshal. No | ||||||
| 13 | underground storage tank taken out of operation before January | ||||||
| 14 | 2, 1974, may be registered under this Act. No underground | ||||||
| 15 | storage tank otherwise required to be registered under this | ||||||
| 16 | subparagraph (A) may be registered under this Act if that tank | ||||||
| 17 | was removed before September 24, 1987. | ||||||
| 18 | (B) The owner of a heating oil underground storage tank | ||||||
| 19 | having a capacity of greater than 1,100 1100 gallons that was | ||||||
| 20 | not taken out of operation before January 2, 1974, and that at | ||||||
| 21 | any time between January 1, 1974, and July 11, 1990, contained | ||||||
| 22 | heating oil shall register the tank with the Office of the | ||||||
| 23 | State Fire Marshal. No heating oil underground storage tank | ||||||
| 24 | taken out of operation before January 2, 1974, may be | ||||||
| 25 | registered under this Act. No heating oil underground storage | ||||||
| 26 | tank otherwise required to be registered under this | ||||||
| |||||||
| |||||||
| 1 | subparagraph (B) may be registered under this Act if that tank | ||||||
| 2 | was removed before July 11, 1990. | ||||||
| 3 | (C) The owner of a heating oil underground storage tank | ||||||
| 4 | having a capacity of 1,100 gallons or less that was not taken | ||||||
| 5 | out of operation before January 2, 1974, and that any time | ||||||
| 6 | between January 1, 1974, and September 6, 1991, contained | ||||||
| 7 | heating oil shall register the tank with the Office of the | ||||||
| 8 | State Fire Marshal. No heating oil underground storage tank | ||||||
| 9 | taken out of operation before January 2, 1974, may be | ||||||
| 10 | registered under this Act. No heating oil underground storage | ||||||
| 11 | tank otherwise required to be registered under this | ||||||
| 12 | subparagraph (C) may be registered under this Act if that tank | ||||||
| 13 | was removed before September 6, 1991. | ||||||
| 14 | (D) "Operation", as used in this subsection (b), means | ||||||
| 15 | that the tank must have had input or output of petroleum, | ||||||
| 16 | petroleum products, or hazardous substances, with the | ||||||
| 17 | exception of hazardous wastes, during the regular course of | ||||||
| 18 | its usage. "Operation" does not include (i) compliance with | ||||||
| 19 | leak detection requirements as prescribed by rules and | ||||||
| 20 | regulations of the Office of the State Fire Marshal or (ii) the | ||||||
| 21 | mere containment or storage of petroleum, petroleum products, | ||||||
| 22 | or hazardous substances, with the exception of hazardous | ||||||
| 23 | wastes. | ||||||
| 24 | (2) The owner of an underground storage tank who | ||||||
| 25 | registered the tank with the Office of the State Fire Marshal | ||||||
| 26 | under Section 4 of the State Fire Marshal Act prior to | ||||||
| |||||||
| |||||||
| 1 | September 24, 1987 shall be deemed to have registered the tank | ||||||
| 2 | under paragraph (1). | ||||||
| 3 | (3)(A) Each person required to register an underground | ||||||
| 4 | storage tank, other than a heating oil underground storage | ||||||
| 5 | tank, under paragraph (1) shall pay the Office of the State | ||||||
| 6 | Fire Marshal a registration fee of $500 for each tank | ||||||
| 7 | registered, to be deposited in the Underground Storage Tank | ||||||
| 8 | Fund. | ||||||
| 9 | (B) Each person required to register a heating oil | ||||||
| 10 | underground storage tank shall pay to the Office of the State | ||||||
| 11 | Fire Marshal a registration fee of $100 for each tank | ||||||
| 12 | registered before July 2, 1992, and $500 for each tank | ||||||
| 13 | registered after July 1, 1992, to be deposited into the | ||||||
| 14 | Underground Storage Tank Fund. | ||||||
| 15 | (C) No registration fee shall be due under this paragraph | ||||||
| 16 | (3) for underground storage tanks deemed registered pursuant | ||||||
| 17 | to paragraph (2). | ||||||
| 18 | (4) The Office of the State Fire Marshal shall establish | ||||||
| 19 | procedures relating to the collection of the fees authorized | ||||||
| 20 | by this subsection. Such procedures shall include, but need | ||||||
| 21 | not be limited to, the time and manner of payment to the Office | ||||||
| 22 | of the State Fire Marshal. | ||||||
| 23 | (5) The State Fire Marshal is authorized to enter into | ||||||
| 24 | such contracts and agreements as may be necessary, and as | ||||||
| 25 | expeditiously as necessary, to carry out the Office of the | ||||||
| 26 | State Fire Marshal's duties under this subsection. | ||||||
| |||||||
| |||||||
| 1 | (6)(A) The owner of an underground storage tank, other | ||||||
| 2 | than a heating oil underground storage tank, which is | ||||||
| 3 | installed or replaced after September 24, 1987, and which | ||||||
| 4 | contained, contains, or may contain petroleum or petroleum | ||||||
| 5 | products or hazardous substances, with the exception of | ||||||
| 6 | hazardous wastes, shall register the tank with the Office of | ||||||
| 7 | the State Fire Marshal prior to the installation or | ||||||
| 8 | replacement. | ||||||
| 9 | (B) The owner of a heating oil underground storage tank | ||||||
| 10 | installed or replaced after July 11, 1990, and which contained | ||||||
| 11 | or may contain heating oil shall register the tank with the | ||||||
| 12 | Office of the State Fire Marshal before the installation or | ||||||
| 13 | replacement. | ||||||
| 14 | (7) Any person required to register an underground storage | ||||||
| 15 | tank under paragraph (1) or paragraph (6) of this subsection | ||||||
| 16 | shall register the tank on forms provided by the Office of the | ||||||
| 17 | State Fire Marshal. | ||||||
| 18 | (c) Except as otherwise provided in subsection (d), a | ||||||
| 19 | person who is the owner of an underground storage tank | ||||||
| 20 | containing petroleum, or petroleum products, or hazardous | ||||||
| 21 | substances, except hazardous waste, registered under | ||||||
| 22 | subsection (b) shall notify the Office of the State Fire | ||||||
| 23 | Marshal of any change in the information required under this | ||||||
| 24 | Section or of the removal of an underground storage tank from | ||||||
| 25 | service. | ||||||
| 26 | (d) A person who is the owner of an underground storage | ||||||
| |||||||
| |||||||
| 1 | tank containing petroleum, or petroleum products, or hazardous | ||||||
| 2 | substances, except hazardous waste, the contents of which are | ||||||
| 3 | changed routinely, shall indicate all the materials which are | ||||||
| 4 | stored in the tank on the registration form. A person | ||||||
| 5 | providing the information described in this subsection is not | ||||||
| 6 | required to notify the Office of the State Fire Marshal of | ||||||
| 7 | changes in the contents of the tank unless the material to be | ||||||
| 8 | stored in the tank differs from the information provided on | ||||||
| 9 | the registration form. | ||||||
| 10 | (e) For purposes of this Act: | ||||||
| 11 | The terms "petroleum" and "underground storage tank" shall | ||||||
| 12 | have the meanings ascribed to them in Subtitle I of the | ||||||
| 13 | Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of | ||||||
| 14 | the Resource Conservation and Recovery Act of 1976 (P.L. | ||||||
| 15 | 94-580), except that "underground storage tank" shall include | ||||||
| 16 | heating oil underground storage tanks; however, no release | ||||||
| 17 | detection shall be required of heating oil tanks, in existence | ||||||
| 18 | as of July 11, 1990, prior to December 22, 1998. The Office of | ||||||
| 19 | the State Fire Marshal shall have the authority to determine | ||||||
| 20 | the criteria for classification of an underground storage tank | ||||||
| 21 | as being either a petroleum underground storage tank or a | ||||||
| 22 | hazardous substance underground storage tank. | ||||||
| 23 | When used in connection with, or when otherwise relating | ||||||
| 24 | to underground storage tanks, the terms "operator", "owner", | ||||||
| 25 | and "facility" shall have the meanings ascribed to them in | ||||||
| 26 | Subtitle I of the Hazardous and Solid Waste Amendments of 1984 | ||||||
| |||||||
| |||||||
| 1 | (P.L. 98-616) of the Resource Conservation and Recovery Act of | ||||||
| 2 | 1976 (P.L. 94-580). | ||||||
| 3 | "Bodily injury" means bodily injury, sickness, or disease | ||||||
| 4 | sustained by a person, including death at any time, resulting | ||||||
| 5 | from a release of petroleum from an underground storage tank. | ||||||
| 6 | "Property damage" means physical injury to, destruction | ||||||
| 7 | of, or contamination of tangible property, including all | ||||||
| 8 | resulting loss of use of that property; or loss of use of | ||||||
| 9 | tangible property that is not physically injured, destroyed, | ||||||
| 10 | or contaminated, but has been evacuated, withdrawn from use, | ||||||
| 11 | or rendered inaccessible because of an occurrence. | ||||||
| 12 | "Occurrence" means an accident, including continuous or | ||||||
| 13 | repeated exposure to conditions, which results in a release of | ||||||
| 14 | petroleum into the environment from an underground storage | ||||||
| 15 | tank. | ||||||
| 16 | "Heating oil" means petroleum that is No. 1, No. 2, No. 4 | ||||||
| 17 | light, No. 4 heavy, No. 5 light, No. 5 heavy, or No. 6 | ||||||
| 18 | technical grades of fuel oil; or other residual fuel oils | ||||||
| 19 | including Navy Special Fuel Oil and Bunker C. | ||||||
| 20 | "Heating oil underground storage tank" means an | ||||||
| 21 | underground storage tank serving other than farms or | ||||||
| 22 | residential units that is used exclusively to store heating | ||||||
| 23 | oil for consumptive use on the premises where stored. | ||||||
| 24 | (Source: P.A. 87-323; 87-1088; 88-496; revised 7-31-24.)
| ||||||
| 25 | (430 ILCS 15/6) (from Ch. 127 1/2, par. 158) | ||||||
| |||||||
| |||||||
| 1 | Sec. 6. (a) If necessary or appropriate to assure that the | ||||||
| 2 | public health or safety is not threatened, the Office of the | ||||||
| 3 | State Fire Marshal shall have authority to: | ||||||
| 4 | (1)(A) provide notice to the owner or operator, or | ||||||
| 5 | both, of an underground storage tank whenever there is a | ||||||
| 6 | release or substantial threat of a release of petroleum or | ||||||
| 7 | regulated substances from such tank. Such notice shall | ||||||
| 8 | include the identified emergency action and an opportunity | ||||||
| 9 | for the owner or operator, or both, to perform the | ||||||
| 10 | emergency action; or | ||||||
| 11 | (B) undertake emergency action whenever there is a | ||||||
| 12 | release or substantial threat of a release of petroleum or | ||||||
| 13 | regulated substances from an underground storage tank. | ||||||
| 14 | (2) If notice has been provided under clause (A) of | ||||||
| 15 | paragraph (1) of this subsection, the Office shall have | ||||||
| 16 | the authority to require the owner or operator, or both, | ||||||
| 17 | of an underground storage tank to undertake emergency | ||||||
| 18 | action whenever there is a release or substantial threat | ||||||
| 19 | of a release of petroleum or regulated substances from | ||||||
| 20 | such tank. | ||||||
| 21 | (3) The emergency action undertaken or required under | ||||||
| 22 | this Section shall be such as may be necessary or | ||||||
| 23 | appropriate to assure that the public health or safety is | ||||||
| 24 | not threatened. | ||||||
| 25 | (b) In accordance with constitutional limitations, the | ||||||
| 26 | Office shall have authority to enter at all reasonable times | ||||||
| |||||||
| |||||||
| 1 | upon any private or public property for the purpose of taking | ||||||
| 2 | emergency action whenever there is a release or substantial | ||||||
| 3 | threat of a release of petroleum or regulated substances from | ||||||
| 4 | an underground storage tank. | ||||||
| 5 | (c) The Office shall require emergency action under | ||||||
| 6 | paragraph (2) of subsection (a) through issuance of an | ||||||
| 7 | administrative order Administrative Order. Such an order shall | ||||||
| 8 | be served by registered or certified mail or in person and may | ||||||
| 9 | order emergency action. Any person served with such an order | ||||||
| 10 | may appeal such order by submitting in writing any such appeal | ||||||
| 11 | to the Office within 10 days of the date of receipt of such | ||||||
| 12 | order. The Office shall conduct an administrative hearing | ||||||
| 13 | governed by the The Illinois Administrative Procedure Act and | ||||||
| 14 | enter an order to sustain, modify, or revoke such order. Any | ||||||
| 15 | appeal from such order shall be to the circuit court of the | ||||||
| 16 | county in which the violation took place and shall be governed | ||||||
| 17 | by the Administrative Review Law. | ||||||
| 18 | (d) Neither the State, the State Fire Marshal, nor any | ||||||
| 19 | State employee shall be liable for any damages or injury | ||||||
| 20 | arising out of or resulting from any action taken under this | ||||||
| 21 | Section 6. | ||||||
| 22 | (Source: P.A. 85-1325; revised 8-8-24.)
| ||||||
| 23 | Section 995. The Herptiles-Herps Act is amended by | ||||||
| 24 | changing Sections 90-10 and 105-65 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (510 ILCS 68/90-10) | ||||||
| 2 | Sec. 90-10. Commercial purposes; offenses. | ||||||
| 3 | (a) Unless otherwise provided in this Act, any person who | ||||||
| 4 | for profit or commercial purposes knowingly captures, kills, | ||||||
| 5 | possesses, offers for sale, sells, offers to barter, barters, | ||||||
| 6 | offers to purchase, purchases, delivers for shipment, ships, | ||||||
| 7 | exports, imports, causes to be shipped, exported, or imported, | ||||||
| 8 | delivers for transportation, transports, or causes to be | ||||||
| 9 | transported, carries or causes to be carried, or receives for | ||||||
| 10 | shipment, transportation, carriage, or export any herptile | ||||||
| 11 | taxa, in whole or in part, protected under this Act and the | ||||||
| 12 | financial value of that herptile, in whole or in part, is | ||||||
| 13 | valued: | ||||||
| 14 | (1) at or in excess of a total of $300 as calculated | ||||||
| 15 | according to the applicable provisions under paragraphs | ||||||
| 16 | (1), (2), (3), and (4) of subsection (a) of in Section | ||||||
| 17 | 105-95 of this Act is guilty of a Class 3 felony; or | ||||||
| 18 | (2) less than the total of $300 as calculated | ||||||
| 19 | according to the applicable provisions under paragraphs | ||||||
| 20 | (1), (2), (3), and (4) of subsection (a) of in Section | ||||||
| 21 | 105-95 of this Act is guilty of a Class A misdemeanor. A | ||||||
| 22 | second or subsequent violation is a Class 4 felony. | ||||||
| 23 | (b) The possession of any herptile, in whole or in part, | ||||||
| 24 | captured or killed in violation of this Act that is valued at | ||||||
| 25 | or in excess of $600 under the provisions of in subsection (b) | ||||||
| 26 | of Section 105-95 of this Act shall be considered prima facie | ||||||
| |||||||
| |||||||
| 1 | evidence of possession for profit or commercial purposes. | ||||||
| 2 | (Source: P.A. 102-315, eff. 1-1-22; revised 8-9-24.)
| ||||||
| 3 | (510 ILCS 68/105-65) | ||||||
| 4 | Sec. 105-65. Accessory to violation; accountability. | ||||||
| 5 | (a) Any person who aids in or contributes in any way to a | ||||||
| 6 | violation of this Act, including administrative rules, is | ||||||
| 7 | individually liable, as a separate offense under this Act, for | ||||||
| 8 | the penalties imposed against the person who committed the | ||||||
| 9 | violation. | ||||||
| 10 | (b) Accountability for any person who aids or contributes | ||||||
| 11 | in any way to a misdemeanor or felony violation of this Act | ||||||
| 12 | shall be determined according to the provisions of under | ||||||
| 13 | Section 5-2 of the Criminal Code of 2012. | ||||||
| 14 | (Source: P.A. 102-315, eff. 1-1-22; revised 8-9-24.)
| ||||||
| 15 | Section 1000. The Wildlife Code is amended by changing | ||||||
| 16 | Section 2.26 as follows:
| ||||||
| 17 | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26) | ||||||
| 18 | Sec. 2.26. Deer hunting permits. Any person attempting to | ||||||
| 19 | take deer shall first obtain a "Deer Hunting Permit" issued by | ||||||
| 20 | the Department in accordance with its administrative rules. | ||||||
| 21 | Those rules must provide for the issuance of the following | ||||||
| 22 | types of resident deer archery permits: (i) a combination | ||||||
| 23 | permit, consisting of one either-sex permit and one | ||||||
| |||||||
| |||||||
| 1 | antlerless-only permit, (ii) a single antlerless-only permit, | ||||||
| 2 | and (iii) a single either-sex permit. The fee for a Deer | ||||||
| 3 | Hunting Permit to take deer with either bow and arrow or gun | ||||||
| 4 | shall not exceed $25 for residents of the State. The | ||||||
| 5 | Department may by administrative rule provide for non-resident | ||||||
| 6 | deer hunting permits for which the fee will not exceed $300 in | ||||||
| 7 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||
| 8 | provided below for non-resident landowners and non-resident | ||||||
| 9 | archery hunters. The Department may by administrative rule | ||||||
| 10 | provide for a non-resident archery deer permit consisting of | ||||||
| 11 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
| 12 | in 2005, $375 in 2006, and $425 in 2007 and thereafter. The | ||||||
| 13 | fees for a youth resident and non-resident archery deer permit | ||||||
| 14 | shall be the same. | ||||||
| 15 | The Department shall create a pilot program during the | ||||||
| 16 | special 3-day, youth-only deer hunting season to allow for | ||||||
| 17 | youth deer hunting permits that are valid statewide, excluding | ||||||
| 18 | those counties or portions of counties closed to firearm deer | ||||||
| 19 | hunting. The Department shall adopt rules to implement the | ||||||
| 20 | pilot program. Nothing in this paragraph shall be construed to | ||||||
| 21 | prohibit the Department from issuing Special Hunt Area Permits | ||||||
| 22 | for the youth-only deer hunting season or establishing, | ||||||
| 23 | through administrative rule, additional requirements | ||||||
| 24 | pertaining to the youth-only deer hunting season on | ||||||
| 25 | Department-owned or Department-managed sites, including | ||||||
| 26 | site-specific quotas or drawings. The provisions of this | ||||||
| |||||||
| |||||||
| 1 | paragraph are inoperative on and after January 1, 2023. | ||||||
| 2 | The standards and specifications for use of guns and bow | ||||||
| 3 | and arrow for deer hunting shall be established by | ||||||
| 4 | administrative rule. | ||||||
| 5 | No person may have in his or her possession any firearm not | ||||||
| 6 | authorized by administrative rule for a specific hunting | ||||||
| 7 | season when taking deer unless in accordance with the Firearm | ||||||
| 8 | Concealed Carry Act. | ||||||
| 9 | Persons having a firearm deer hunting permit shall be | ||||||
| 10 | permitted to take deer only during the period from 1/2 hour | ||||||
| 11 | before sunrise to 1/2 hour after sunset, and only during those | ||||||
| 12 | days for which an open season is established for the taking of | ||||||
| 13 | deer by use of shotgun, handgun, rifle, or muzzle loading | ||||||
| 14 | rifle. | ||||||
| 15 | Persons having an archery deer hunting permit shall be | ||||||
| 16 | permitted to take deer only during the period from 1/2 hour | ||||||
| 17 | before sunrise to 1/2 hour after sunset, and only during those | ||||||
| 18 | days for which an open season is established for the taking of | ||||||
| 19 | deer by use of bow and arrow. | ||||||
| 20 | It shall be unlawful for any person to take deer by use of | ||||||
| 21 | dogs, horses, automobiles, aircraft, or other vehicles, or by | ||||||
| 22 | the use or aid of bait or baiting of any kind. For the purposes | ||||||
| 23 | of this Section, "bait" means any material, whether liquid or | ||||||
| 24 | solid, including food, salt, minerals, and other products, | ||||||
| 25 | except pure water, that can be ingested, placed, or scattered | ||||||
| 26 | in such a manner as to attract or lure white-tailed deer. | ||||||
| |||||||
| |||||||
| 1 | "Baiting" means the placement or scattering of bait to attract | ||||||
| 2 | deer. An area is considered as baited during the presence of | ||||||
| 3 | and for 10 consecutive days following the removal of bait. | ||||||
| 4 | Nothing in this Section shall prohibit the use of a dog to | ||||||
| 5 | track wounded deer. Any person using a dog for tracking | ||||||
| 6 | wounded deer must maintain physical control of the dog at all | ||||||
| 7 | times by means of a maximum 50-foot 50 foot lead attached to | ||||||
| 8 | the dog's collar or harness. Tracking wounded deer is | ||||||
| 9 | permissible at night, but at no time outside of legal deer | ||||||
| 10 | hunting hours or seasons shall any person handling or | ||||||
| 11 | accompanying a dog being used for tracking wounded deer be in | ||||||
| 12 | possession of any firearm or archery device. Persons tracking | ||||||
| 13 | wounded deer with a dog during the firearm deer seasons shall | ||||||
| 14 | wear blaze orange or solid blaze pink color as required. Dog | ||||||
| 15 | handlers tracking wounded deer with a dog are exempt from | ||||||
| 16 | hunting license and deer permit requirements so long as they | ||||||
| 17 | are accompanied by the licensed deer hunter who wounded the | ||||||
| 18 | deer. | ||||||
| 19 | It shall be unlawful to possess or transport any wild deer | ||||||
| 20 | which has been injured or killed in any manner upon a public | ||||||
| 21 | highway or public right-of-way of this State unless exempted | ||||||
| 22 | by administrative rule. | ||||||
| 23 | Persons hunting deer must have the gun unloaded and no bow | ||||||
| 24 | and arrow device shall be carried with the arrow in the nocked | ||||||
| 25 | position during hours when deer hunting is unlawful. | ||||||
| 26 | It shall be unlawful for any person, having taken the | ||||||
| |||||||
| |||||||
| 1 | legal limit of deer by gun, to further participate with a gun | ||||||
| 2 | in any deer hunting party. | ||||||
| 3 | It shall be unlawful for any person, having taken the | ||||||
| 4 | legal limit of deer by bow and arrow, to further participate | ||||||
| 5 | with bow and arrow in any deer hunting party. | ||||||
| 6 | The Department may prohibit upland game hunting during the | ||||||
| 7 | gun deer season by administrative rule. | ||||||
| 8 | The Department shall not limit the number of non-resident, | ||||||
| 9 | either-sex archery deer hunting permits to less than 20,000. | ||||||
| 10 | Any person who violates any of the provisions of this | ||||||
| 11 | Section, including administrative rules, shall be guilty of a | ||||||
| 12 | Class B misdemeanor. | ||||||
| 13 | For the purposes of calculating acreage under this | ||||||
| 14 | Section, the Department shall, after determining the total | ||||||
| 15 | acreage of the applicable tract or tracts of land, round | ||||||
| 16 | remaining fractional portions of an acre greater than or equal | ||||||
| 17 | to half of an acre up to the next whole acre. | ||||||
| 18 | For the purposes of taking white-tailed deer, nothing in | ||||||
| 19 | this Section shall be construed to prevent the manipulation, | ||||||
| 20 | including mowing or cutting, of standing crops as a normal | ||||||
| 21 | agricultural or soil stabilization practice, food plots, or | ||||||
| 22 | normal agricultural practices, including planting, harvesting, | ||||||
| 23 | and maintenance such as cultivating or the use of products | ||||||
| 24 | designed for scent only and not capable of ingestion, solid or | ||||||
| 25 | liquid, placed or scattered, in such a manner as to attract or | ||||||
| 26 | lure deer. Such manipulation for the purpose of taking | ||||||
| |||||||
| |||||||
| 1 | white-tailed deer may be further modified by administrative | ||||||
| 2 | rule. | ||||||
| 3 | (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; | ||||||
| 4 | 102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.)
| ||||||
| 5 | Section 1005. The Illinois Endangered Species Protection | ||||||
| 6 | Act is amended by changing Section 11 as follows:
| ||||||
| 7 | (520 ILCS 10/11) (from Ch. 8, par. 341) | ||||||
| 8 | Sec. 11. Conservation program; public policy; rules. | ||||||
| 9 | (a) The Department, with the advice of the Board, shall | ||||||
| 10 | actively plan and implement a program for the conservation of | ||||||
| 11 | endangered and threatened species, by means which should | ||||||
| 12 | include published data search, research, management, | ||||||
| 13 | cooperative agreements with other agencies, identification, | ||||||
| 14 | protection and acquisition of essential habitat, support of | ||||||
| 15 | beneficial legislation, issuance of grants from appropriated | ||||||
| 16 | funds, and education of the public. | ||||||
| 17 | (b) It is the public policy of all agencies of State and | ||||||
| 18 | local governments to utilize their authorities in furtherance | ||||||
| 19 | of the purposes of this Act by evaluating through a | ||||||
| 20 | consultation process with the Department whether actions | ||||||
| 21 | authorized, funded, or carried out by them are likely to | ||||||
| 22 | jeopardize the continued existence of Illinois listed | ||||||
| 23 | endangered and threatened species or are likely to result in | ||||||
| 24 | the destruction or adverse modification of the designated | ||||||
| |||||||
| |||||||
| 1 | essential habitat of such species, which policy shall be | ||||||
| 2 | enforceable only by writ of mandamus; and where a State or | ||||||
| 3 | local agency does so consult in furtherance of this public | ||||||
| 4 | policy, such State or local agency shall be deemed to have | ||||||
| 5 | complied with its obligations under the "Illinois Endangered | ||||||
| 6 | Species Protection Act", provided the agency action shall not | ||||||
| 7 | result in the killing or injuring of any Illinois listed | ||||||
| 8 | animal species, or provided that authorization for taking a | ||||||
| 9 | listed species has been issued under Section 4, 5, or 5.5 of | ||||||
| 10 | this Act. This paragraph (b) shall not apply to any project of | ||||||
| 11 | a State agency on which a biological opinion has been issued | ||||||
| 12 | (in accordance with Section 7 of the federal Federal | ||||||
| 13 | Endangered Species Act of 1973) prior to the effective date of | ||||||
| 14 | this amendatory Act of 1985 stating that the action proposed | ||||||
| 15 | by said project will not jeopardize the continued existence of | ||||||
| 16 | any federal listed endangered or threatened species. | ||||||
| 17 | (c) The Department shall have the authority to adopt such | ||||||
| 18 | rules as are reasonable and necessary to implement the | ||||||
| 19 | provisions of this Act. | ||||||
| 20 | (Source: P.A. 91-556, eff. 1-1-00; revised 10-23-24.)
| ||||||
| 21 | Section 1010. The Youth and Young Adult Conservation | ||||||
| 22 | Education Act is amended by changing Section 25 as follows:
| ||||||
| 23 | (525 ILCS 60/25) | ||||||
| 24 | (Section scheduled to be repealed on June 30, 2029) | ||||||
| |||||||
| |||||||
| 1 | Sec. 25. Youth and Young Adult Conservation and Education | ||||||
| 2 | Pilot Program. | ||||||
| 3 | (a) Subject to appropriation, the Department shall | ||||||
| 4 | administer the Program. The Program may consist of any of the | ||||||
| 5 | following: | ||||||
| 6 | (1) allocation of grants to units of local government | ||||||
| 7 | or non-profit entities to provide conservation education | ||||||
| 8 | and employment opportunities for youth and young adults of | ||||||
| 9 | this State; | ||||||
| 10 | (2) development and implementation of conservation | ||||||
| 11 | education or job training programs; and | ||||||
| 12 | (3) internship opportunities with the Department for | ||||||
| 13 | youth and young adults of this State. | ||||||
| 14 | (b) The Program's education and employment opportunities | ||||||
| 15 | shall be limited to citizens of this State who at the time of | ||||||
| 16 | enrollment in the Program are 15 through 25 years of age. | ||||||
| 17 | Grants under this Act are limited to units of local government | ||||||
| 18 | and non-profit entities that are located in the State of | ||||||
| 19 | Illinois and that provide conservation education and | ||||||
| 20 | employment opportunities for youth and young adults of this | ||||||
| 21 | State. | ||||||
| 22 | (c) The Department shall designate suitable grant | ||||||
| 23 | opportunities, projects, internships, and educational | ||||||
| 24 | curriculum for the purposes of this Act. | ||||||
| 25 | Grants, projects, internships, and curriculum so | ||||||
| 26 | designated by the Department shall be for the purpose of: (1) | ||||||
| |||||||
| |||||||
| 1 | development, enhancement, and maintenance of the natural | ||||||
| 2 | resources of the State of Illinois, and offering related | ||||||
| 3 | educational opportunities; (2) environmental stewardship and | ||||||
| 4 | civic responsibility; (3) enhancement of public lands owned or | ||||||
| 5 | leased by the Department or developing and enhancing projects | ||||||
| 6 | or initiatives undertaken in whole or part by the Department; | ||||||
| 7 | or (4) any combination of the purposes described in items (1) | ||||||
| 8 | through (3). Such projects, internships, and curriculum shall | ||||||
| 9 | include improving the habitat of fauna and flora; improving | ||||||
| 10 | utilization of conservation or recreation facilities and lands | ||||||
| 11 | by the public; improving water quality; and any other project | ||||||
| 12 | deemed by the Department to improve the environmental, | ||||||
| 13 | economic, and recreational quality of the State's natural | ||||||
| 14 | resources. | ||||||
| 15 | All projects and internships designated by the Department | ||||||
| 16 | shall be within a reasonable commuting time for each | ||||||
| 17 | participant. In no circumstance shall interns be required to | ||||||
| 18 | spend more than 1 1/2 hours of commuting time to a project or a | ||||||
| 19 | designated area, but an intern may agree to spend more than 1 | ||||||
| 20 | 1/2 hours of commuting time to a project or a designated area. | ||||||
| 21 | (c-5) (c) Interns shall receive at least the standard | ||||||
| 22 | minimum wage as set by the State of Illinois, when applicable, | ||||||
| 23 | and shall work normal working hours as determined by the | ||||||
| 24 | Department. The interns shall not be classified as employees | ||||||
| 25 | of the State for purposes of contributions to the State | ||||||
| 26 | Employees' Retirement System of Illinois or any other public | ||||||
| |||||||
| |||||||
| 1 | employment retirement system of the State. | ||||||
| 2 | (d) The Department may enter into contracts, | ||||||
| 3 | intergovernmental agreements, grants, cooperative agreements, | ||||||
| 4 | memoranda of understanding, or other instruments as necessary | ||||||
| 5 | to implement the Program. | ||||||
| 6 | (e) The Department shall adopt administrative rules | ||||||
| 7 | pertaining to implementation, standards, criteria, and | ||||||
| 8 | administration of the Program. | ||||||
| 9 | (Source: P.A. 103-788, eff. 1-1-25; revised 10-21-24.)
| ||||||
| 10 | Section 1015. The Illinois Highway Code is amended by | ||||||
| 11 | changing Sections 5-101.11, 6-513, 6-901, 6-907, and 10-303 as | ||||||
| 12 | follows:
| ||||||
| 13 | (605 ILCS 5/5-101.11) (from Ch. 121, par. 5-101.11) | ||||||
| 14 | Sec. 5-101.11. Whenever it considers such purchase or | ||||||
| 15 | lease advisable, to purchase or lease highway construction and | ||||||
| 16 | maintenance equipment under contracts providing for payment in | ||||||
| 17 | installments over a period of time of not more than 10 years | ||||||
| 18 | with interest on the unpaid balance owing not to exceed the | ||||||
| 19 | amount permitted pursuant to the Bond Authorization Act "An | ||||||
| 20 | Act to authorize public corporations to issue bonds, other | ||||||
| 21 | evidences of indebtedness and tax anticipation warrants | ||||||
| 22 | subject to interest rate limitations set forth therein", | ||||||
| 23 | approved May 26, 1970, as amended. | ||||||
| 24 | (Source: P.A. 85-293; revised 8-13-24.)
| ||||||
| |||||||
| |||||||
| 1 | (605 ILCS 5/6-513) (from Ch. 121, par. 6-513) | ||||||
| 2 | Sec. 6-513. The county board, in any county having the | ||||||
| 3 | commission form of government in which a county unit road | ||||||
| 4 | district is established, may issue bonds of the county in an | ||||||
| 5 | amount not exceeding 2.875% of the value, as equalized and | ||||||
| 6 | assessed by the Department of Revenue, of the property in such | ||||||
| 7 | county or, until January 1, 1983, if greater, the sum that is | ||||||
| 8 | produced by multiplying the county's 1978 equalized assessed | ||||||
| 9 | valuation by the debt limitation percentage in effect on | ||||||
| 10 | January 1, 1979, for the purpose of constructing county unit | ||||||
| 11 | district roads. However, the question of issuing such county | ||||||
| 12 | bonds shall first be submitted to the legal voters of such | ||||||
| 13 | county at an election. The county board shall adopt a | ||||||
| 14 | resolution to submit the question of issuing such bonds to a | ||||||
| 15 | vote, specifying therein the particular roads or bridges to be | ||||||
| 16 | constructed, the type of construction to be made on each | ||||||
| 17 | section of such roads or on such bridges, and the proposed | ||||||
| 18 | widths of the roadway, together with an estimate of the cost of | ||||||
| 19 | such construction. The county board shall certify the | ||||||
| 20 | resolution to the proper election officials, who shall submit | ||||||
| 21 | at an election such proposition in accordance with the general | ||||||
| 22 | election law. Notice of the referendum shall be given and the | ||||||
| 23 | referendum shall be held in accordance with the general | ||||||
| 24 | election law of the State. The proposition shall be in | ||||||
| 25 | substantially the following form: | ||||||
| |||||||
| |||||||
| 1 | ----------------------------
| ||||||
| 2 | Shall county bonds for county YES
| ||||||
| 3 | unit district roads be issued to the ------------------------
| ||||||
| 4 | amount of $....? NO
| ||||||
| 5 | ------------------------------------------------------------- | ||||||
| 6 | If a majority of the voters voting on such question vote in | ||||||
| 7 | favor of the proposition, the county board may at once issue | ||||||
| 8 | the bonds and take the necessary steps to construct the roads | ||||||
| 9 | provided for. Such bonds shall be issued to mature within 20 | ||||||
| 10 | years from the date of issue, shall be upon such terms and | ||||||
| 11 | conditions and shall bear such rate of interest not in excess | ||||||
| 12 | of the amount permitted pursuant to the Bond Authorization Act | ||||||
| 13 | "An Act to authorize public corporations to issue bonds, other | ||||||
| 14 | evidences of indebtedness and tax anticipation warrants | ||||||
| 15 | subject to interest rate limitations set forth therein", | ||||||
| 16 | approved May 26, 1970, as amended, as shall be fixed by the | ||||||
| 17 | county board. Such bonds shall be sold upon competitive bids; | ||||||
| 18 | and the county board may, if it is of the opinion that the bids | ||||||
| 19 | are unsatisfactory, reject the same and re-advertise and | ||||||
| 20 | solicit other bids. At the time or before issuing any such | ||||||
| 21 | bonds, the county board shall adopt a resolution fixing the | ||||||
| 22 | details of such bonds and providing for the levy of a direct | ||||||
| 23 | annual tax to pay the principal and interest on such bonds as | ||||||
| 24 | the same become due. A register of all bonds so issued shall be | ||||||
| 25 | kept in the office of the county clerk, and it shall be the | ||||||
| 26 | duty of the county clerk to annually extend a tax upon all the | ||||||
| |||||||
| |||||||
| 1 | taxable property of the county sufficient to pay the interest | ||||||
| 2 | and principal on such bonds, as the same shall become due. Such | ||||||
| 3 | tax shall not be subject to any limitation as to rate or | ||||||
| 4 | amount. However, if it has been certified to the county clerk | ||||||
| 5 | that funds from other sources have been allocated and set | ||||||
| 6 | aside for the purpose of paying the principal or interest, or | ||||||
| 7 | both, of such bonds, the county clerk shall, in extending the | ||||||
| 8 | tax and fixing the rate of tax under this Section make proper | ||||||
| 9 | allowance and reduction in such extension of tax and tax rate | ||||||
| 10 | to the extent of the funds so certified to be available for the | ||||||
| 11 | payment of such principal or interest, or both. | ||||||
| 12 | (Source: P.A. 91-357, eff. 7-29-99; revised 8-13-24.)
| ||||||
| 13 | (605 ILCS 5/6-901) (from Ch. 121, par. 6-901) | ||||||
| 14 | Sec. 6-901. Annually, the General Assembly shall | ||||||
| 15 | appropriate to the Department of Transportation from the Road | ||||||
| 16 | Fund, the General Revenue Fund, or any other State funds, or a | ||||||
| 17 | combination of those funds, $60,000,000 for apportionment to | ||||||
| 18 | counties for the use of road districts for the construction of | ||||||
| 19 | bridges 20 feet or more in length, as provided in Sections | ||||||
| 20 | 6-902 through 6-907. | ||||||
| 21 | The Department of Transportation shall apportion among the | ||||||
| 22 | several counties of this State for the use of road districts | ||||||
| 23 | the amounts appropriated under this Section. The amount | ||||||
| 24 | apportioned to a county shall be in the proportion which the | ||||||
| 25 | total mileage of township or district roads in the county | ||||||
| |||||||
| |||||||
| 1 | bears to the total mileage of all township and district roads | ||||||
| 2 | in the State. Each county shall allocate to the several road | ||||||
| 3 | districts in the county the funds so apportioned to the | ||||||
| 4 | county. The allocation to road districts shall be made in the | ||||||
| 5 | same manner and be subject to the same conditions and | ||||||
| 6 | qualifications as are provided by Section 8 of the Motor Fuel | ||||||
| 7 | Tax Law with respect to the allocation to road districts of the | ||||||
| 8 | amount allotted from the Motor Fuel Tax Fund for apportionment | ||||||
| 9 | to counties for the use of road districts, but no allocation | ||||||
| 10 | shall be made to any road district that has not levied taxes | ||||||
| 11 | for road and bridge purposes in such a manner that is eligible | ||||||
| 12 | for allotment of Motor Fuel Tax funding pursuant to Section 8 | ||||||
| 13 | of the Motor Fuel Tax Law., "Road district" and "township or | ||||||
| 14 | district road" have the meanings ascribed to those terms in | ||||||
| 15 | this Act. | ||||||
| 16 | Road districts in counties in which a property tax | ||||||
| 17 | extension limitation is imposed under the Property Tax | ||||||
| 18 | Extension Limitation Law that are made ineligible for receipt | ||||||
| 19 | of this appropriation due to the imposition of a property tax | ||||||
| 20 | extension limitation may become eligible if, at the time the | ||||||
| 21 | property tax extension limitation was imposed, the road | ||||||
| 22 | district was levying at the required rate and continues to | ||||||
| 23 | levy the maximum allowable amount after the imposition of the | ||||||
| 24 | property tax extension limitation. The road district also | ||||||
| 25 | becomes eligible if it levies at or above the rate required for | ||||||
| 26 | eligibility by Section 8 of the Motor Fuel Tax Law. | ||||||
| |||||||
| |||||||
| 1 | The amounts apportioned under this Section for allocation | ||||||
| 2 | to road districts may be used only for bridge construction as | ||||||
| 3 | provided in this Division. So much of those amounts as are not | ||||||
| 4 | obligated under Sections 6-902 through 6-904 and for which | ||||||
| 5 | local funds have not been committed under Section 6-905 within | ||||||
| 6 | 48 months of the date when such apportionment is made lapses | ||||||
| 7 | and shall not be paid to the county treasurer for distribution | ||||||
| 8 | to road districts. | ||||||
| 9 | (Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24; | ||||||
| 10 | 103-853, eff. 8-9-24; revised 10-7-24.)
| ||||||
| 11 | (605 ILCS 5/6-907) | ||||||
| 12 | Sec. 6-907. Lapsed funds; use. Lapsed funds under Section | ||||||
| 13 | 6-906 shall be used to provide additional monetary assistance | ||||||
| 14 | to townships and road districts that have insufficient funding | ||||||
| 15 | for construction of bridges that are 20 feet or more in length | ||||||
| 16 | under 6-901 of this Code. The Department shall adopt rules | ||||||
| 17 | rule to implement this Section. | ||||||
| 18 | (Source: P.A. 103-853, eff. 8-9-24; revised 10-21-24.)
| ||||||
| 19 | (605 ILCS 5/10-303) (from Ch. 121, par. 10-303) | ||||||
| 20 | Sec. 10-303. For the purpose of acquiring by purchase or | ||||||
| 21 | otherwise or the constructing of any such bridge, the county | ||||||
| 22 | board of each such county is authorized to borrow money and in | ||||||
| 23 | evidence thereof to issue the bonds of such county, and to | ||||||
| 24 | refund the same from time to time, payable solely from the | ||||||
| |||||||
| |||||||
| 1 | revenues derived from the operation of such bridge. Such bonds | ||||||
| 2 | may be issued as serial or term bonds, shall mature in not to | ||||||
| 3 | exceed 40 years from the date thereof, and may be made | ||||||
| 4 | redeemable, prior to maturity, with or without premium. Such | ||||||
| 5 | bonds may be issued in such amounts as may be necessary to | ||||||
| 6 | provide sufficient funds to pay the cost of acquiring or | ||||||
| 7 | constructing such bridge and the approaches thereto, including | ||||||
| 8 | all property real or personal, necessary or incidental in the | ||||||
| 9 | acquisition or construction of such bridge and its approaches, | ||||||
| 10 | including reasonable legal and engineering, traffic survey, | ||||||
| 11 | and architectural fees, costs of financing, and interest | ||||||
| 12 | during construction and for not less than 12 months | ||||||
| 13 | thereafter. Such bonds shall bear interest at a rate not to | ||||||
| 14 | exceed that permitted in the Bond Authorization Act "An Act to | ||||||
| 15 | authorize public corporations to issue bonds, other evidences | ||||||
| 16 | of indebtedness and tax anticipation warrants subject to | ||||||
| 17 | interest rate limitations set forth therein", approved May 26, | ||||||
| 18 | 1970, as amended, payable semi-annually. Bonds issued under | ||||||
| 19 | the provisions of this Division of this Article have the | ||||||
| 20 | qualities and incidents of negotiable instruments under the | ||||||
| 21 | laws of the State of Illinois, shall be executed in the name of | ||||||
| 22 | the county by the chairman of the county board and the county | ||||||
| 23 | clerk of such county, and shall be sealed with the corporate | ||||||
| 24 | seal of the county, and the interest coupons attached to such | ||||||
| 25 | bonds shall be executed by the facsimile signatures of such | ||||||
| 26 | chairman and county clerk, and such officials by the execution | ||||||
| |||||||
| |||||||
| 1 | of such bonds shall adopt as and for their own proper | ||||||
| 2 | signatures their respective facsimile signatures appearing on | ||||||
| 3 | such coupons. In case any officer whose signature appears on | ||||||
| 4 | any such bonds or coupons ceases to be such officer before | ||||||
| 5 | delivery of such bonds, such signatures shall nevertheless be | ||||||
| 6 | valid and sufficient for all purposes, the same as if such | ||||||
| 7 | officer had remained in office until such delivery. | ||||||
| 8 | Such bonds may be registered as to principal at any time | ||||||
| 9 | prior to maturity in the name of the holder on the books of the | ||||||
| 10 | county in the office of the county treasurer, such | ||||||
| 11 | registration to be noted on the reverse side of the bonds by | ||||||
| 12 | the county treasurer, and thereafter the principal of such | ||||||
| 13 | registered bonds shall be payable only to the registered | ||||||
| 14 | holder, his legal representatives or assigns. Such registered | ||||||
| 15 | bonds shall be transferable to another registered holder, or | ||||||
| 16 | back to bearer, only upon presentation to the county treasurer | ||||||
| 17 | with the legal assignment duly acknowledged or approved. | ||||||
| 18 | Registration of any such bonds shall not affect negotiability | ||||||
| 19 | of the coupons thereto attached, but such coupons shall be | ||||||
| 20 | transferable by delivery merely. | ||||||
| 21 | All such bonds issued by any such county shall be sold in | ||||||
| 22 | such manner and at such time as the governing body shall | ||||||
| 23 | determine. Whenever the governing body of any such county | ||||||
| 24 | determines to issue bonds as provided for in this Division of | ||||||
| 25 | this Article, it shall adopt an ordinance describing in a | ||||||
| 26 | general way the bridge to be acquired or constructed and its | ||||||
| |||||||
| |||||||
| 1 | general location. Such ordinance shall set out the aggregate | ||||||
| 2 | amount of the estimated cost of the acquisition or | ||||||
| 3 | construction of such bridge, as prepared by the engineers | ||||||
| 4 | employed for that purpose, determine the period of usefulness | ||||||
| 5 | thereof and fix the amount of revenue bonds to be issued, the | ||||||
| 6 | maturity or maturities, redemption privileges, the interest | ||||||
| 7 | rate, sinking fund, and all other details in connection with | ||||||
| 8 | such bonds, including such reserve accounts as the county | ||||||
| 9 | board of such county may deem necessary. Such ordinance may | ||||||
| 10 | contain such covenants and restrictions upon the issuance of | ||||||
| 11 | additional revenue bonds thereafter as may be deemed necessary | ||||||
| 12 | or advisable for the assurance of the payment of the bonds | ||||||
| 13 | thereby authorized. Revenue bonds issued under the provisions | ||||||
| 14 | of this Division of this Article shall be payable solely from | ||||||
| 15 | the revenue derived from such bridge, and such bonds shall | ||||||
| 16 | not, in any event constitute or be deemed an indebtedness of | ||||||
| 17 | such county within the meaning of any constitutional | ||||||
| 18 | provisions or statutory limitation as to debt, and it shall be | ||||||
| 19 | plainly stated on the face of each bond that it does not | ||||||
| 20 | constitute an indebtedness within any constitutional or | ||||||
| 21 | statutory limitation. Such ordinance shall be published within | ||||||
| 22 | 30 days after its passage in a newspaper, published and having | ||||||
| 23 | a general circulation in such county, and shall not become | ||||||
| 24 | effective until 10 days after its publication. | ||||||
| 25 | (Source: P.A. 83-225; revised 8-13-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1020. The Bikeway Act is amended by changing | ||||||
| 2 | Section 4.1 as follows:
| ||||||
| 3 | (605 ILCS 30/4.1) | ||||||
| 4 | Sec. 4.1. Local bicycle transportation plan. | ||||||
| 5 | (a) In this Section, "bikeway" means all facilities that | ||||||
| 6 | provide primarily for, and promote, bicycle travel. For | ||||||
| 7 | purposes of this Section, bikeways shall be categorized as | ||||||
| 8 | follows: | ||||||
| 9 | (1) Bike paths or shared use paths, also referred to | ||||||
| 10 | as Class I bikeways, which provide a completely separated | ||||||
| 11 | right-of-way designated for the exclusive use of bicycles | ||||||
| 12 | and pedestrians with crossflows by motorists minimized. | ||||||
| 13 | (2) Bike lanes, also referred to as Class II bikeways, | ||||||
| 14 | which provide a restricted right-of-way designated for the | ||||||
| 15 | exclusive or semi-exclusive use of bicycles with through | ||||||
| 16 | travel by motor vehicles or pedestrians prohibited, but | ||||||
| 17 | with vehicle parking and crossflows by pedestrians and | ||||||
| 18 | motorists permitted. | ||||||
| 19 | (3) Bike routes, also referred to as Class III | ||||||
| 20 | bikeways, which provide a right-of-way on-street or | ||||||
| 21 | off-street, designated by signs or permanent markings and | ||||||
| 22 | shared with pedestrians and motorists. | ||||||
| 23 | (4) Cycle tracks or separated bikeways, also referred | ||||||
| 24 | to as Class IV bikeways, which promote active | ||||||
| 25 | transportation and provide a right-of-way designated | ||||||
| |||||||
| |||||||
| 1 | exclusively for bicycle travel adjacent to a roadway and | ||||||
| 2 | which are separated from vehicular traffic. Types of | ||||||
| 3 | separation include, but are not limited to, grade | ||||||
| 4 | separation, flexible posts, inflexible physical barriers, | ||||||
| 5 | or on-street parking. | ||||||
| 6 | (b) A municipality or county may prepare a bicycle | ||||||
| 7 | transportation plan, which shall include, but not be limited | ||||||
| 8 | to, the following elements: | ||||||
| 9 | (1) The estimated number of existing bicycle commuters | ||||||
| 10 | in the plan area and the estimated increase in the number | ||||||
| 11 | of bicycle commuters resulting from implementation of the | ||||||
| 12 | plan. | ||||||
| 13 | (2) A map and description of existing and proposed | ||||||
| 14 | land use and settlement patterns that shall include, but | ||||||
| 15 | not be limited to, locations of residential neighborhoods, | ||||||
| 16 | schools, shopping centers, public buildings, and major | ||||||
| 17 | employment centers. | ||||||
| 18 | (3) A map and description of existing and proposed | ||||||
| 19 | bikeways. | ||||||
| 20 | (4) A map and description of existing and proposed | ||||||
| 21 | end-of-trip bicycle parking facilities. These shall | ||||||
| 22 | include, but not be limited to, parking at schools, | ||||||
| 23 | shopping centers, public buildings, and major employment | ||||||
| 24 | centers. | ||||||
| 25 | (5) A map and description of existing and proposed | ||||||
| 26 | bicycle transport and parking facilities for connections | ||||||
| |||||||
| |||||||
| 1 | with and use of other transportation modes. These shall | ||||||
| 2 | include, but not be limited to, parking facilities at | ||||||
| 3 | transit stops, rail and transit terminals, ferry docks and | ||||||
| 4 | landings, park and ride lots, and provisions for | ||||||
| 5 | transporting bicyclists and bicycles on transit or rail | ||||||
| 6 | vehicles or ferry vessels. | ||||||
| 7 | (6) A map and description of existing and proposed | ||||||
| 8 | facilities for changing and storing clothes and equipment. | ||||||
| 9 | These shall include, but not be limited to, locker, | ||||||
| 10 | restroom, and shower facilities near bicycle parking | ||||||
| 11 | facilities. | ||||||
| 12 | (7) A description of bicycle safety and education | ||||||
| 13 | programs conducted in the area included within the plan, | ||||||
| 14 | efforts by the law enforcement agency having primary | ||||||
| 15 | traffic law enforcement responsibility in the area to | ||||||
| 16 | enforce provisions of the Illinois Vehicle Code pertaining | ||||||
| 17 | to bicycle operation, and the resulting effect on | ||||||
| 18 | accidents involving bicyclists. | ||||||
| 19 | (8) A description of the extent of citizen and | ||||||
| 20 | community involvement in development of the plan, | ||||||
| 21 | including, but not limited to, letters of support. | ||||||
| 22 | (9) A description of how the bicycle transportation | ||||||
| 23 | plan has been coordinated and is consistent with other | ||||||
| 24 | local or regional transportation, air quality, or energy | ||||||
| 25 | conservation plans, including, but not limited to, | ||||||
| 26 | programs that provide incentives for bicycle commuting. | ||||||
| |||||||
| |||||||
| 1 | (10) A description of the projects proposed in the | ||||||
| 2 | plan and a listing of their priorities for implementation. | ||||||
| 3 | (11) A description of past expenditures for bicycle | ||||||
| 4 | facilities and future financial needs for projects that | ||||||
| 5 | improve safety and convenience for bicycle commuters in | ||||||
| 6 | the plan area. | ||||||
| 7 | (Source: P.A. 103-950, eff. 1-1-25; revised 10-21-24.)
| ||||||
| 8 | Section 1025. The Rivers, Lakes, and Streams Act is | ||||||
| 9 | amended by changing Section 18k as follows:
| ||||||
| 10 | (615 ILCS 5/18k) | ||||||
| 11 | Sec. 18k. National Flood Insurance Program State agency | ||||||
| 12 | requirements. | ||||||
| 13 | (a) As used in this Section: | ||||||
| 14 | "Department" means the Department of Natural Resources. | ||||||
| 15 | "Development" and "developed" mean any man-made change to | ||||||
| 16 | real estate, including, but not limited to: | ||||||
| 17 | (1) demolition, construction, reconstruction, repair, | ||||||
| 18 | placement of a building, or any structural alteration to a | ||||||
| 19 | building; | ||||||
| 20 | (2) substantial improvement of an existing building; | ||||||
| 21 | (3) installation of a manufactured home on a site, | ||||||
| 22 | preparing a site for a manufactured home, or installing a | ||||||
| 23 | travel trailer on a site for more than 180 days per year; | ||||||
| 24 | (4) installation of utilities, construction of roads, | ||||||
| |||||||
| |||||||
| 1 | bridges, culverts, or similar projects; | ||||||
| 2 | (5) redevelopment of a site, or clearing of land as an | ||||||
| 3 | adjunct of construction, or construction or erection of | ||||||
| 4 | levees, dams, walls, or fences; | ||||||
| 5 | (6) drilling, mining, filling, dredging, grading, | ||||||
| 6 | excavation, paving, or other alterations of the ground | ||||||
| 7 | surface; | ||||||
| 8 | (7) storage of materials, including the placement of | ||||||
| 9 | gas or liquid storage tanks, and channel modifications or | ||||||
| 10 | any other activity that might change the direction, | ||||||
| 11 | height, or velocity of flood or surface waters. | ||||||
| 12 | "Development" and "developed" do not include resurfacing | ||||||
| 13 | of pavement when there is no increase in elevation; | ||||||
| 14 | construction of farm fencing; or gardening, plowing, and | ||||||
| 15 | similar practices that do not involve filling, grading, or | ||||||
| 16 | construction of levees. | ||||||
| 17 | "Special flood hazard area" means an area having special | ||||||
| 18 | flood, mudflow or flood-related erosion hazards and shown on a | ||||||
| 19 | Federal Emergency Management Agency Flood Hazard Boundary Map | ||||||
| 20 | or Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99, | ||||||
| 21 | AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE, or | ||||||
| 22 | V. | ||||||
| 23 | "State agencies" means any department, commission, board, | ||||||
| 24 | or agency under the jurisdiction of the Governor, any board, | ||||||
| 25 | commission, agency, or authority which has a majority of its | ||||||
| 26 | members appointed by the Governor, and the Governor's Office. | ||||||
| |||||||
| |||||||
| 1 | (b) The Department shall ensure that State agencies comply | ||||||
| 2 | with National Flood Insurance Program requirements set forth | ||||||
| 3 | in this Section. | ||||||
| 4 | (c) All State agencies shall obtain a special flood hazard | ||||||
| 5 | area development permit before undertaking development | ||||||
| 6 | activity on State-owned property that is located in a special | ||||||
| 7 | flood hazard area. The Department shall adopt an | ||||||
| 8 | administrative rule setting forth a State special flood hazard | ||||||
| 9 | area development program to ensure the following via the | ||||||
| 10 | issuance of permits prior to any State agency development | ||||||
| 11 | within a special flood hazard area: | ||||||
| 12 | (1) Review of all proposed new development in a | ||||||
| 13 | special flood hazard area to ensure compliance with the | ||||||
| 14 | standards set forth in the administrative rule. | ||||||
| 15 | (2) Monitoring and inspecting developments currently | ||||||
| 16 | under construction in a special flood hazard area to | ||||||
| 17 | ensure compliance with the standards set forth in the | ||||||
| 18 | administrative rule. | ||||||
| 19 | (3) Correction, to the extent reasonably practical in | ||||||
| 20 | the sole determination of the Department, of all previous | ||||||
| 21 | development in a special flood hazard area found not to be | ||||||
| 22 | in compliance with the standards set forth in the | ||||||
| 23 | administrative rule. | ||||||
| 24 | (4) The standards set forth in the administrative rule | ||||||
| 25 | shall, at a minimum, be as stringent as the federal | ||||||
| 26 | regulations adopted by the Federal Emergency Management | ||||||
| |||||||
| |||||||
| 1 | Agency to implement the National Flood Insurance Act (42 | ||||||
| 2 | U.S.C. 4001 et seq.) that are published in 44 CFR 59 | ||||||
| 3 | through 60. | ||||||
| 4 | (d) State agencies that administer grants or loans for | ||||||
| 5 | financing a development within a special flood hazard area | ||||||
| 6 | shall cooperate with the Department to ensure that | ||||||
| 7 | participants in their programs are informed of the existence | ||||||
| 8 | and location of special flood hazard areas and of any State or | ||||||
| 9 | local floodplain requirements that are in effect in such | ||||||
| 10 | areas. | ||||||
| 11 | (e) State agencies that are responsible for regulating or | ||||||
| 12 | permitting a development within a special flood hazard area | ||||||
| 13 | shall cooperate with the Department to ensure that | ||||||
| 14 | participants in their programs are informed of the existence | ||||||
| 15 | and location of special flood hazard areas and of any State or | ||||||
| 16 | local floodplain requirements that are in effect in such | ||||||
| 17 | areas. | ||||||
| 18 | (f) State agencies that are engaged in planning programs | ||||||
| 19 | or promoting a program for the development shall cooperate | ||||||
| 20 | with the Department to ensure that participants in their | ||||||
| 21 | programs are informed of the existence and location of special | ||||||
| 22 | flood hazard areas and of any State or local floodplain | ||||||
| 23 | requirements in effect in such areas. | ||||||
| 24 | (g) The Department shall provide available special flood | ||||||
| 25 | hazard area information to assist State agencies in complying | ||||||
| 26 | with the requirements established by this Section. The | ||||||
| |||||||
| |||||||
| 1 | Department may enter into a memorandum of understanding with a | ||||||
| 2 | State agency to outline procedures and processes to review | ||||||
| 3 | proposed development activity on State-owned property located | ||||||
| 4 | in a special flood hazard area. Such a memorandum of | ||||||
| 5 | understanding may allow for alternative approvals for the | ||||||
| 6 | issuance of permits. If the Department enters into a | ||||||
| 7 | memorandum of understanding with a State agency to allow an | ||||||
| 8 | alternative permit process any permits or work completed under | ||||||
| 9 | those alternatives is subject to audit and review by the | ||||||
| 10 | Department. | ||||||
| 11 | (Source: P.A. 103-905, eff. 1-1-25; revised 10-23-24.)
| ||||||
| 12 | Section 1030. The County Airports Act is amended by | ||||||
| 13 | changing Sections 60 and 61 as follows:
| ||||||
| 14 | (620 ILCS 50/60) (from Ch. 15 1/2, par. 164) | ||||||
| 15 | Sec. 60. If a majority of all votes cast upon the question | ||||||
| 16 | shall be for the issuing of bonds and the levying of an | ||||||
| 17 | additional tax to pay the interest and principal of such bond, | ||||||
| 18 | the county board shall issue and sell such amounts of said | ||||||
| 19 | bonds as the Commission shall determine and certify, from time | ||||||
| 20 | to time as being necessary to provide the means for | ||||||
| 21 | accomplishing the purposes for which said bonds were voted. | ||||||
| 22 | Such bonds shall be issued in conformity to the requirements | ||||||
| 23 | and provisions of the resolution adopted for the purpose of | ||||||
| 24 | calling said election, provided however the aggregate amounts | ||||||
| |||||||
| |||||||
| 1 | of outstanding bonds issued under the provisions of this Act, | ||||||
| 2 | shall at no time exceed 1% of the total value of all of the | ||||||
| 3 | taxable property of the county as determined by the last | ||||||
| 4 | assessment roll on which county general taxes was extended. | ||||||
| 5 | The principal of such bonds shall be discharged within twenty | ||||||
| 6 | years after the date of said election. Such bonds shall bear | ||||||
| 7 | interest, payable semi-annually, at a rate that does not | ||||||
| 8 | exceed that permitted in the Bond Authorization Act "An Act to | ||||||
| 9 | authorize public corporations to issue bonds, other evidences | ||||||
| 10 | of indebtedness and tax anticipation warrants subject to | ||||||
| 11 | interest rate limitations set forth therein", approved May 26, | ||||||
| 12 | 1970, as now or hereafter amended. The proceeds from the sale | ||||||
| 13 | of each issue of bonds shall be deposited in the county | ||||||
| 14 | treasury and identified as "County Airports Bond Fund No. | ||||||
| 15 | ....." Such proceeds shall be used only for the purposes | ||||||
| 16 | stated in the resolution calling the election authorizing the | ||||||
| 17 | issuing of said bonds, and as specified in the certificate of | ||||||
| 18 | the Commission as in this Section section provided. | ||||||
| 19 | (Source: P.A. 82-902; revised 8-19-24.)
| ||||||
| 20 | (620 ILCS 50/61) (from Ch. 15 1/2, par. 165) | ||||||
| 21 | Sec. 61. If the resolution adopted by the county board or | ||||||
| 22 | by petition, provides for the issuance of revenue bonds or | ||||||
| 23 | other evidence of indebtedness, the retirement of the | ||||||
| 24 | principal thereof and the interest thereon, to be accomplished | ||||||
| 25 | from sources other than direct county taxes, the county board | ||||||
| |||||||
| |||||||
| 1 | shall issue and sell such amounts of such bonds or other | ||||||
| 2 | evidences of indebtedness as the Commission shall determine | ||||||
| 3 | and certify, from time to time as being necessary to provide | ||||||
| 4 | the means for accomplishing the purposes for which such bonds | ||||||
| 5 | or other evidences of indebtedness are to be issued as set | ||||||
| 6 | forth in said resolution. Such bonds or other evidence of | ||||||
| 7 | indebtedness shall be issued in conformity to the requirements | ||||||
| 8 | and provisions of the said resolution authorizing such | ||||||
| 9 | issuance. The principal of such bonds or other evidences of | ||||||
| 10 | indebtedness shall be discharged within thirty years after the | ||||||
| 11 | date of the adoption of said resolution. Such bonds or other | ||||||
| 12 | evidences of indebtedness shall bear interest, payable | ||||||
| 13 | semi-annually, at a rate not to exceed that permitted in the | ||||||
| 14 | Bond Authorization Act "An Act to authorize public | ||||||
| 15 | corporations to issue bonds, other evidences of indebtedness | ||||||
| 16 | and tax anticipation warrants subject to interest rate | ||||||
| 17 | limitations set forth therein", approved May 26, 1970, as now | ||||||
| 18 | or hereafter amended. The proceeds from the sale of each issue | ||||||
| 19 | of bonds shall be deposited in the county treasury and | ||||||
| 20 | identified as "County Airports Revenue Bond Fund No. ....." | ||||||
| 21 | Such proceeds shall be used only for the purposes stated in the | ||||||
| 22 | said resolution and as specified in the certificate of the | ||||||
| 23 | Commission as in this Section section provided. All such | ||||||
| 24 | revenue bonds and other evidences of indebtedness shall not, | ||||||
| 25 | in any event, constitute or be deemed an indebtedness of the | ||||||
| 26 | county within the meaning of any constitutional provisions or | ||||||
| |||||||
| |||||||
| 1 | statutory limitations as to debt, and it shall be so stated | ||||||
| 2 | plainly on the face of each such bond or other evidence of | ||||||
| 3 | indebtedness. | ||||||
| 4 | (Source: P.A. 90-655, eff. 7-30-98; revised 8-19-24.)
| ||||||
| 5 | Section 1035. The Illinois Vehicle Code is amended by | ||||||
| 6 | changing Sections 1-115.01, 3-402, 3-506, 3-699.14, 3-802, | ||||||
| 7 | 3-804, 4-203, 5-102, 6-110, 6-118, 6-209.1, 11-907, and 13-101 | ||||||
| 8 | and by setting forth and renumbering multiple versions of | ||||||
| 9 | Section 3-699.22 as follows:
| ||||||
| 10 | (625 ILCS 5/1-115.01) | ||||||
| 11 | Sec. 1-115.01. Detached catalytic converter. "Detached | ||||||
| 12 | catalytic converter" means a catalytic converter, as defined | ||||||
| 13 | in Section 1-110.05 of this the Code, that was previously | ||||||
| 14 | installed on a motor vehicle and subsequently removed. | ||||||
| 15 | (Source: P.A. 103-677, eff. 1-1-25; revised 10-23-24.)
| ||||||
| 16 | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) | ||||||
| 17 | Sec. 3-402. Vehicles subject to registration; exceptions. | ||||||
| 18 | A. Exemptions and Policy. Every motor vehicle, trailer, | ||||||
| 19 | semitrailer and pole trailer when driven or moved upon a | ||||||
| 20 | highway shall be subject to the registration and certificate | ||||||
| 21 | of title provisions of this Chapter except: | ||||||
| 22 | (1) Any such vehicle driven or moved upon a highway in | ||||||
| 23 | conformance with the provisions of this Chapter relating | ||||||
| |||||||
| |||||||
| 1 | to manufacturers, transporters, dealers, lienholders or | ||||||
| 2 | nonresidents or under a temporary registration permit | ||||||
| 3 | issued by the Secretary of State; | ||||||
| 4 | (2) Any implement of husbandry whether of a type | ||||||
| 5 | otherwise subject to registration hereunder or not which | ||||||
| 6 | is only incidentally operated or moved upon a highway, | ||||||
| 7 | which shall include a not-for-hire movement for the | ||||||
| 8 | purpose of delivering farm commodities to a place of first | ||||||
| 9 | processing or sale, or to a place of storage; | ||||||
| 10 | (3) Any special mobile equipment as herein defined; | ||||||
| 11 | (4) Any vehicle which is propelled exclusively by | ||||||
| 12 | electric power obtained from overhead trolley wires though | ||||||
| 13 | not operated upon rails; | ||||||
| 14 | (5) Any vehicle which is equipped and used exclusively | ||||||
| 15 | as a pumper, ladder truck, rescue vehicle, searchlight | ||||||
| 16 | truck, or other fire apparatus, but not a vehicle of a type | ||||||
| 17 | which would otherwise be subject to registration as a | ||||||
| 18 | vehicle of the first division; | ||||||
| 19 | (6) Any vehicle which is owned and operated by the | ||||||
| 20 | federal government and externally displays evidence of | ||||||
| 21 | federal ownership. It is the policy of the State of | ||||||
| 22 | Illinois to promote and encourage the fullest use of its | ||||||
| 23 | highways and to enhance the flow of commerce thus | ||||||
| 24 | contributing to the economic, agricultural, industrial and | ||||||
| 25 | social growth and development of this State, by | ||||||
| 26 | authorizing the Secretary of State to negotiate and enter | ||||||
| |||||||
| |||||||
| 1 | into reciprocal or proportional agreements or arrangements | ||||||
| 2 | with other States, or to issue declarations setting forth | ||||||
| 3 | reciprocal exemptions, benefits and privileges with | ||||||
| 4 | respect to vehicles operated interstate which are properly | ||||||
| 5 | registered in this and other States, assuring nevertheless | ||||||
| 6 | proper registration of vehicles in Illinois as may be | ||||||
| 7 | required by this Code; | ||||||
| 8 | (7) Any converter dolly or tow dolly which merely | ||||||
| 9 | serves as substitute wheels for another legally licensed | ||||||
| 10 | vehicle. A title may be issued on a voluntary basis to a | ||||||
| 11 | tow dolly upon receipt of the manufacturer's certificate | ||||||
| 12 | of origin or the bill of sale; | ||||||
| 13 | (8) Any house trailer found to be an abandoned mobile | ||||||
| 14 | home under the Abandoned Mobile Home Act; | ||||||
| 15 | (9) Any vehicle that is not properly registered or | ||||||
| 16 | does not have registration plates or digital registration | ||||||
| 17 | plates issued to the owner or operator affixed thereto, or | ||||||
| 18 | that does have registration plates or digital registration | ||||||
| 19 | plates issued to the owner or operator affixed thereto but | ||||||
| 20 | the plates are not appropriate for the weight of the | ||||||
| 21 | vehicle, provided that this exemption shall apply only | ||||||
| 22 | while the vehicle is being transported or operated by a | ||||||
| 23 | towing service and has a third tow plate affixed to it; | ||||||
| 24 | (10) Low-speed electric scooters. | ||||||
| 25 | B. Reciprocity. Any motor vehicle, trailer, semitrailer or | ||||||
| 26 | pole trailer need not be registered under this Code provided | ||||||
| |||||||
| |||||||
| 1 | the same is operated interstate and in accordance with the | ||||||
| 2 | following provisions and any rules and regulations promulgated | ||||||
| 3 | pursuant thereto: | ||||||
| 4 | (1) A nonresident owner, except as otherwise provided | ||||||
| 5 | in this Section, owning any foreign registered vehicle of | ||||||
| 6 | a type otherwise subject to registration hereunder, may | ||||||
| 7 | operate or permit the operation of such vehicle within | ||||||
| 8 | this State in interstate commerce without registering such | ||||||
| 9 | vehicle in, or paying any fees to, this State subject to | ||||||
| 10 | the condition that such vehicle at all times when operated | ||||||
| 11 | in this State is operated pursuant to a reciprocity | ||||||
| 12 | agreement, arrangement or declaration by this State, and | ||||||
| 13 | further subject to the condition that such vehicle at all | ||||||
| 14 | times when operated in this State is duly registered in, | ||||||
| 15 | and displays upon it, a valid registration card and | ||||||
| 16 | registration plate or plates or digital registration plate | ||||||
| 17 | or plates issued for such vehicle in the place of | ||||||
| 18 | residence of such owner and is issued and maintains in | ||||||
| 19 | such vehicle a valid Illinois reciprocity permit as | ||||||
| 20 | required by the Secretary of State, and provided like | ||||||
| 21 | privileges are afforded to residents of this State by the | ||||||
| 22 | State of residence of such owner. | ||||||
| 23 | Every nonresident including any foreign corporation | ||||||
| 24 | carrying on business within this State and owning and | ||||||
| 25 | regularly operating in such business any motor vehicle, | ||||||
| 26 | trailer or semitrailer within this State in intrastate | ||||||
| |||||||
| |||||||
| 1 | commerce, shall be required to register each such vehicle | ||||||
| 2 | and pay the same fees therefor as is required with | ||||||
| 3 | reference to like vehicles owned by residents of this | ||||||
| 4 | State. | ||||||
| 5 | (2) Any motor vehicle, trailer, semitrailer and pole | ||||||
| 6 | trailer operated interstate need not be registered in this | ||||||
| 7 | State, provided: | ||||||
| 8 | (a) that the vehicle is properly registered in | ||||||
| 9 | another State pursuant to law or to a reciprocity | ||||||
| 10 | agreement, arrangement or declaration; or | ||||||
| 11 | (b) that such vehicle is part of a fleet of | ||||||
| 12 | vehicles owned or operated by the same person who | ||||||
| 13 | registers such fleet of vehicles pro rata among the | ||||||
| 14 | various States in which such fleet operates; or | ||||||
| 15 | (c) that such vehicle is part of a fleet of | ||||||
| 16 | vehicles, a portion of which are registered with the | ||||||
| 17 | Secretary of State of Illinois in accordance with an | ||||||
| 18 | agreement or arrangement concurred in by the Secretary | ||||||
| 19 | of State of Illinois based on one or more of the | ||||||
| 20 | following factors: ratio of miles in Illinois as | ||||||
| 21 | against total miles in all jurisdictions; situs or | ||||||
| 22 | base of a vehicle, or where it is principally garaged, | ||||||
| 23 | or from whence it is principally dispatched or where | ||||||
| 24 | the movements of such vehicle usually originate; situs | ||||||
| 25 | of the residence of the owner or operator thereof, or | ||||||
| 26 | of his principal office or offices, or of his places of | ||||||
| |||||||
| |||||||
| 1 | business; the routes traversed and whether regular or | ||||||
| 2 | irregular routes are traversed, and the jurisdictions | ||||||
| 3 | traversed and served; and such other factors as may be | ||||||
| 4 | deemed material by the Secretary and the motor vehicle | ||||||
| 5 | administrators of the other jurisdictions involved in | ||||||
| 6 | such apportionment. Such vehicles shall maintain | ||||||
| 7 | therein any reciprocity permit which may be required | ||||||
| 8 | by the Secretary of State pursuant to rules and | ||||||
| 9 | regulations which the Secretary of State may | ||||||
| 10 | promulgate in the administration of this Code, in the | ||||||
| 11 | public interest. | ||||||
| 12 | (3)(a) In order to effectuate the purposes of this | ||||||
| 13 | Code, the Secretary of State of Illinois is empowered to | ||||||
| 14 | negotiate and execute written reciprocal agreements or | ||||||
| 15 | arrangements with the duly authorized representatives of | ||||||
| 16 | other jurisdictions, including States, districts, | ||||||
| 17 | territories and possessions of the United States, and | ||||||
| 18 | foreign states, provinces, or countries, granting to | ||||||
| 19 | owners or operators of vehicles duly registered or | ||||||
| 20 | licensed in such other jurisdictions and for which | ||||||
| 21 | evidence of compliance is supplied, benefits, privileges | ||||||
| 22 | and exemption from the payment, wholly or partially, of | ||||||
| 23 | any taxes, fees or other charges imposed with respect to | ||||||
| 24 | the ownership or operation of such vehicles by the laws of | ||||||
| 25 | this State except the tax imposed by the Motor Fuel Tax | ||||||
| 26 | Law, approved March 25, 1929, as amended, and the tax | ||||||
| |||||||
| |||||||
| 1 | imposed by the Use Tax Act, approved July 14, 1955, as | ||||||
| 2 | amended. | ||||||
| 3 | The Secretary of State may negotiate agreements or | ||||||
| 4 | arrangements as are in the best interests of this State | ||||||
| 5 | and the residents of this State pursuant to the policies | ||||||
| 6 | expressed in this Section taking into consideration the | ||||||
| 7 | reciprocal exemptions, benefits and privileges available | ||||||
| 8 | and accruing to residents of this State and vehicles | ||||||
| 9 | registered in this State. | ||||||
| 10 | (b) Such reciprocal agreements or arrangements shall | ||||||
| 11 | provide that vehicles duly registered or licensed in this | ||||||
| 12 | State when operated upon the highways of such other | ||||||
| 13 | jurisdictions, shall receive exemptions, benefits and | ||||||
| 14 | privileges of a similar kind or to a similar degree as | ||||||
| 15 | extended to vehicles from such jurisdictions in this | ||||||
| 16 | State. | ||||||
| 17 | (c) Such agreements or arrangements may also authorize | ||||||
| 18 | the apportionment of registration or licensing of fleets | ||||||
| 19 | of vehicles operated interstate, based on any or all of | ||||||
| 20 | the following factors: ratio of miles in Illinois as | ||||||
| 21 | against total miles in all jurisdictions; situs or base of | ||||||
| 22 | a vehicle, or where it is principally garaged or from | ||||||
| 23 | whence it is principally dispatched or where the movements | ||||||
| 24 | of such vehicle usually originate; situs of the residence | ||||||
| 25 | of the owner or operator thereof, or of his principal | ||||||
| 26 | office or offices, or of his places of business; the | ||||||
| |||||||
| |||||||
| 1 | routes traversed and whether regular or irregular routes | ||||||
| 2 | are traversed, and the jurisdictions traversed and served; | ||||||
| 3 | and such other factors as may be deemed material by the | ||||||
| 4 | Secretary and the motor vehicle administrators of the | ||||||
| 5 | other jurisdictions involved in such apportionment, and | ||||||
| 6 | such vehicles shall likewise be entitled to reciprocal | ||||||
| 7 | exemptions, benefits and privileges. | ||||||
| 8 | (d) Such agreements or arrangements shall also provide | ||||||
| 9 | that vehicles being operated in intrastate commerce in | ||||||
| 10 | Illinois shall comply with the registration and licensing | ||||||
| 11 | laws of this State, except that vehicles which are part of | ||||||
| 12 | an apportioned fleet may conduct an intrastate operation | ||||||
| 13 | incidental to their interstate operations. Any motor | ||||||
| 14 | vehicle properly registered and qualified under any | ||||||
| 15 | reciprocal agreement or arrangement under this Code and | ||||||
| 16 | not having a situs or base within Illinois may complete | ||||||
| 17 | the inbound movement of a trailer or semitrailer to an | ||||||
| 18 | Illinois destination that was brought into Illinois by a | ||||||
| 19 | motor vehicle also properly registered and qualified under | ||||||
| 20 | this Code and not having a situs or base within Illinois, | ||||||
| 21 | or may complete an outbound movement of a trailer or | ||||||
| 22 | semitrailer to an out-of-state destination that was | ||||||
| 23 | originated in Illinois by a motor vehicle also properly | ||||||
| 24 | registered and qualified under this Code and not having a | ||||||
| 25 | situs or base in Illinois, only if the operator thereof | ||||||
| 26 | did not break bulk of the cargo laden in such inbound or | ||||||
| |||||||
| |||||||
| 1 | outbound trailer or semitrailer. Adding or unloading | ||||||
| 2 | intrastate cargo on such inbound or outbound trailer or | ||||||
| 3 | semitrailer shall be deemed as breaking bulk. | ||||||
| 4 | (e) Such agreements or arrangements may also provide | ||||||
| 5 | for the determination of the proper State in which leased | ||||||
| 6 | vehicles shall be registered based on the factors set out | ||||||
| 7 | in subsection (c) above and for apportionment of | ||||||
| 8 | registration of fleets of leased vehicles by the lessee or | ||||||
| 9 | by the lessor who leases such vehicles to persons who are | ||||||
| 10 | not fleet operators. | ||||||
| 11 | (f) Such agreements or arrangements may also include | ||||||
| 12 | reciprocal exemptions, benefits or privileges accruing | ||||||
| 13 | under The Illinois Driver Licensing Law or The Driver | ||||||
| 14 | License Compact. | ||||||
| 15 | (4) The Secretary of State is further authorized to | ||||||
| 16 | examine the laws and requirements of other jurisdictions, | ||||||
| 17 | and, in the absence of a written agreement or arrangement, | ||||||
| 18 | to issue a written declaration of the extent and nature of | ||||||
| 19 | the exemptions, benefits and privileges accorded to | ||||||
| 20 | vehicles of this State by such other jurisdictions, and | ||||||
| 21 | the extent and nature of reciprocal exemptions, benefits | ||||||
| 22 | and privileges thereby accorded by this State to the | ||||||
| 23 | vehicles of such other jurisdictions. A declaration by the | ||||||
| 24 | Secretary of State may include any, part or all reciprocal | ||||||
| 25 | exemptions, benefits and privileges or provisions as may | ||||||
| 26 | be included within an agreement or arrangement. | ||||||
| |||||||
| |||||||
| 1 | (5) All agreements, arrangements, declarations and | ||||||
| 2 | amendments thereto, shall be in writing and become | ||||||
| 3 | effective when signed by the Secretary of State, and | ||||||
| 4 | copies of all such documents shall be available to the | ||||||
| 5 | public upon request. | ||||||
| 6 | (6) The Secretary of State is further authorized to | ||||||
| 7 | require the display by foreign registered trucks, | ||||||
| 8 | truck-tractors and buses, entitled to reciprocal benefits, | ||||||
| 9 | exemptions or privileges hereunder, a reciprocity permit | ||||||
| 10 | for external display before any such reciprocal benefits, | ||||||
| 11 | exemptions or privileges are granted. The Secretary of | ||||||
| 12 | State shall provide suitable application forms for such | ||||||
| 13 | permit and shall promulgate and publish reasonable rules | ||||||
| 14 | and regulations for the administration and enforcement of | ||||||
| 15 | the provisions of this Code including a provision for | ||||||
| 16 | revocation of such permit as to any vehicle operated | ||||||
| 17 | wilfully in violation of the terms of any reciprocal | ||||||
| 18 | agreement, arrangement or declaration or in violation of | ||||||
| 19 | the Illinois Motor Carrier of Property Law, as amended. | ||||||
| 20 | (7)(a) Upon the suspension, revocation or denial of | ||||||
| 21 | one or more of all reciprocal benefits, privileges and | ||||||
| 22 | exemptions existing pursuant to the terms and provisions | ||||||
| 23 | of this Code or by virtue of a reciprocal agreement or | ||||||
| 24 | arrangement or declaration thereunder; or, upon the | ||||||
| 25 | suspension, revocation or denial of a reciprocity permit; | ||||||
| 26 | or, upon any action or inaction of the Secretary in the | ||||||
| |||||||
| |||||||
| 1 | administration and enforcement of the provisions of this | ||||||
| 2 | Code, any person, resident or nonresident, so aggrieved, | ||||||
| 3 | may serve upon the Secretary, a petition in writing and | ||||||
| 4 | under oath, setting forth the grievance of the petitioner, | ||||||
| 5 | the grounds and basis for the relief sought, and all | ||||||
| 6 | necessary facts and particulars, and request an | ||||||
| 7 | administrative hearing thereon. Within 20 days, the | ||||||
| 8 | Secretary shall set a hearing date as early as practical. | ||||||
| 9 | The Secretary may, in his discretion, supply forms for | ||||||
| 10 | such a petition. The Secretary may require the payment of | ||||||
| 11 | a fee of not more than $50 for the filing of any petition, | ||||||
| 12 | motion, or request for hearing conducted pursuant to this | ||||||
| 13 | Section. These fees must be deposited into the Secretary | ||||||
| 14 | of State DUI Administration Fund, a special fund that is | ||||||
| 15 | hereby created in the State treasury, and, subject to | ||||||
| 16 | appropriation and as directed by the Secretary of State, | ||||||
| 17 | shall be used to fund the operation of the hearings | ||||||
| 18 | department of the Office of the Secretary of State and for | ||||||
| 19 | no other purpose. The Secretary shall establish by rule | ||||||
| 20 | the amount and the procedures, terms, and conditions | ||||||
| 21 | relating to these fees. | ||||||
| 22 | (b) The Secretary may likewise, in his discretion and | ||||||
| 23 | upon his own petition, order a hearing, when in his best | ||||||
| 24 | judgment, any person is not entitled to the reciprocal | ||||||
| 25 | benefits, privileges and exemptions existing pursuant to | ||||||
| 26 | the terms and provisions of this Code or under a | ||||||
| |||||||
| |||||||
| 1 | reciprocal agreement or arrangement or declaration | ||||||
| 2 | thereunder or that a vehicle owned or operated by such | ||||||
| 3 | person is improperly registered or licensed, or that an | ||||||
| 4 | Illinois resident has improperly registered or licensed a | ||||||
| 5 | vehicle in another jurisdiction for the purposes of | ||||||
| 6 | violating or avoiding the registration laws of this State. | ||||||
| 7 | (c) The Secretary shall notify a petitioner or any | ||||||
| 8 | other person involved of such a hearing, by giving at | ||||||
| 9 | least 10 days notice, in writing, by U.S. Mail, Registered | ||||||
| 10 | or Certified, or by personal service, at the last known | ||||||
| 11 | address of such petitioner or person, specifying the time | ||||||
| 12 | and place of such hearing. Such hearing shall be held | ||||||
| 13 | before the Secretary, or any person as he may designate, | ||||||
| 14 | and unless the parties mutually agree to some other county | ||||||
| 15 | in Illinois, the hearing shall be held in the County of | ||||||
| 16 | Sangamon or the County of Cook. Appropriate records of the | ||||||
| 17 | hearing shall be kept, and the Secretary shall issue or | ||||||
| 18 | cause to be issued, his decision on the case, within 30 | ||||||
| 19 | days after the close of such hearing or within 30 days | ||||||
| 20 | after receipt of the transcript thereof, and a copy shall | ||||||
| 21 | likewise be served or mailed to the petitioner or person | ||||||
| 22 | involved. | ||||||
| 23 | (d) The actions or inactions or determinations, or | ||||||
| 24 | findings and decisions upon an administrative hearing, of | ||||||
| 25 | the Secretary, shall be subject to judicial review in the | ||||||
| 26 | Circuit Court of the County of Sangamon or the County of | ||||||
| |||||||
| |||||||
| 1 | Cook, and the provisions of the Administrative Review Law, | ||||||
| 2 | and all amendments and modifications thereof and rules | ||||||
| 3 | adopted pursuant thereto, apply to and govern all such | ||||||
| 4 | reviewable matters. | ||||||
| 5 | Any reciprocal agreements or arrangements entered into | ||||||
| 6 | by the Secretary of State or any declarations issued by | ||||||
| 7 | the Secretary of State pursuant to any law in effect prior | ||||||
| 8 | to the effective date of this Code are not hereby | ||||||
| 9 | abrogated, and such shall continue in force and effect | ||||||
| 10 | until amended pursuant to the provisions of this Code or | ||||||
| 11 | expire pursuant to the terms or provisions thereof. | ||||||
| 12 | C. Vehicles purchased out-of-state. A resident of this | ||||||
| 13 | State who purchases a vehicle in another state and transports | ||||||
| 14 | the vehicle to Illinois shall apply for registration and | ||||||
| 15 | certificate of title as soon as practicable, but in no event | ||||||
| 16 | more than 45 days after the purchase of the vehicle. If an | ||||||
| 17 | Illinois motorist who purchased a vehicle from an out-of-state | ||||||
| 18 | licensed dealer is unable to meet the 45-day deadline due to a | ||||||
| 19 | delay in paperwork from the seller, that motorist may obtain | ||||||
| 20 | an Illinois temporary registration plate with: (i) proof of | ||||||
| 21 | purchase; (ii) proof of meeting the Illinois driver's license | ||||||
| 22 | or identification card requirement; and (iii) proof that | ||||||
| 23 | Illinois title and registration fees have been paid. If fees | ||||||
| 24 | have not been paid, the motorist may pay the fees in order to | ||||||
| 25 | obtain the temporary registration plate. The owner of such a | ||||||
| 26 | vehicle shall display any temporary permit or registration | ||||||
| |||||||
| |||||||
| 1 | issued in accordance with Section 3-407. | ||||||
| 2 | (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24; | ||||||
| 3 | revised 10-7-24.)
| ||||||
| 4 | (625 ILCS 5/3-506) | ||||||
| 5 | Sec. 3-506. Transfer of plates to spouses of military | ||||||
| 6 | service members. Upon the death of a military service member | ||||||
| 7 | who has been issued a special plate under Section 3-609.1, | ||||||
| 8 | 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, | ||||||
| 9 | 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669, | ||||||
| 10 | 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, | ||||||
| 11 | 3-699.12, 3-699.15, 3-699.16, 3-699.17, 3-699.19, 3-699.20, or | ||||||
| 12 | 3-699.25 3-699.22 of this Code, the surviving spouse of that | ||||||
| 13 | service member may retain the plate so long as that spouse is a | ||||||
| 14 | resident of Illinois and transfers the registration to his or | ||||||
| 15 | her name within 180 days of the death of the service member. | ||||||
| 16 | For the purposes of this Section, "service member" means | ||||||
| 17 | any individual who is serving or has served in any branch of | ||||||
| 18 | the United States Armed Forces, including the National Guard | ||||||
| 19 | or other reserve components of the Armed Forces, and has been | ||||||
| 20 | issued a special plate listed in this Section. | ||||||
| 21 | (Source: P.A. 102-154, eff. 1-1-22; 103-660, eff. 1-1-25; | ||||||
| 22 | revised 9-25-24.)
| ||||||
| 23 | (625 ILCS 5/3-699.14) | ||||||
| 24 | Sec. 3-699.14. Universal special license plates. | ||||||
| |||||||
| |||||||
| 1 | (a) In addition to any other special license plate, the | ||||||
| 2 | Secretary, upon receipt of all applicable fees and | ||||||
| 3 | applications made in the form prescribed by the Secretary, may | ||||||
| 4 | issue Universal special license plates to residents of | ||||||
| 5 | Illinois on behalf of organizations that have been authorized | ||||||
| 6 | by the General Assembly to issue decals for Universal special | ||||||
| 7 | license plates. Appropriate documentation, as determined by | ||||||
| 8 | the Secretary, shall accompany each application. Authorized | ||||||
| 9 | organizations shall be designated by amendment to this | ||||||
| 10 | Section. When applying for a Universal special license plate | ||||||
| 11 | the applicant shall inform the Secretary of the name of the | ||||||
| 12 | authorized organization from which the applicant will obtain a | ||||||
| 13 | decal to place on the plate. The Secretary shall make a record | ||||||
| 14 | of that organization and that organization shall remain | ||||||
| 15 | affiliated with that plate until the plate is surrendered, | ||||||
| 16 | revoked, or otherwise cancelled. The authorized organization | ||||||
| 17 | may charge a fee to offset the cost of producing and | ||||||
| 18 | distributing the decal, but that fee shall be retained by the | ||||||
| 19 | authorized organization and shall be separate and distinct | ||||||
| 20 | from any registration fees charged by the Secretary. No decal, | ||||||
| 21 | sticker, or other material may be affixed to a Universal | ||||||
| 22 | special license plate other than a decal authorized by the | ||||||
| 23 | General Assembly in this Section or a registration renewal | ||||||
| 24 | sticker. The special plates issued under this Section shall be | ||||||
| 25 | affixed only to passenger vehicles of the first division, | ||||||
| 26 | including motorcycles and autocycles, or motor vehicles of the | ||||||
| |||||||
| |||||||
| 1 | second division weighing not more than 8,000 pounds. Plates | ||||||
| 2 | issued under this Section shall expire according to the | ||||||
| 3 | multi-year procedure under Section 3-414.1 of this Code. | ||||||
| 4 | (b) The design, color, and format of the Universal special | ||||||
| 5 | license plate shall be wholly within the discretion of the | ||||||
| 6 | Secretary. Universal special license plates are not required | ||||||
| 7 | to designate "Land of Lincoln", as prescribed in subsection | ||||||
| 8 | (b) of Section 3-412 of this Code. The design shall allow for | ||||||
| 9 | the application of a decal to the plate. Organizations | ||||||
| 10 | authorized by the General Assembly to issue decals for | ||||||
| 11 | Universal special license plates shall comply with rules | ||||||
| 12 | adopted by the Secretary governing the requirements for and | ||||||
| 13 | approval of Universal special license plate decals. The | ||||||
| 14 | Secretary may, in his or her discretion, allow Universal | ||||||
| 15 | special license plates to be issued as vanity or personalized | ||||||
| 16 | plates in accordance with Section 3-405.1 of this Code. The | ||||||
| 17 | Secretary of State must make a version of the special | ||||||
| 18 | registration plates authorized under this Section in a form | ||||||
| 19 | appropriate for motorcycles and autocycles. | ||||||
| 20 | (c) When authorizing a Universal special license plate, | ||||||
| 21 | the General Assembly shall set forth whether an additional fee | ||||||
| 22 | is to be charged for the plate and, if a fee is to be charged, | ||||||
| 23 | the amount of the fee and how the fee is to be distributed. | ||||||
| 24 | When necessary, the authorizing language shall create a | ||||||
| 25 | special fund in the State treasury into which fees may be | ||||||
| 26 | deposited for an authorized Universal special license plate. | ||||||
| |||||||
| |||||||
| 1 | Additional fees may only be charged if the fee is to be paid | ||||||
| 2 | over to a State agency or to a charitable entity that is in | ||||||
| 3 | compliance with the registration and reporting requirements of | ||||||
| 4 | the Charitable Trust Act and the Solicitation for Charity Act. | ||||||
| 5 | Any charitable entity receiving fees for the sale of Universal | ||||||
| 6 | special license plates shall annually provide the Secretary of | ||||||
| 7 | State a letter of compliance issued by the Attorney General | ||||||
| 8 | verifying that the entity is in compliance with the Charitable | ||||||
| 9 | Trust Act and the Solicitation for Charity Act. | ||||||
| 10 | (d) Upon original issuance and for each registration | ||||||
| 11 | renewal period, in addition to the appropriate registration | ||||||
| 12 | fee, if applicable, the Secretary shall collect any additional | ||||||
| 13 | fees, if required, for issuance of Universal special license | ||||||
| 14 | plates. The fees shall be collected on behalf of the | ||||||
| 15 | organization designated by the applicant when applying for the | ||||||
| 16 | plate. All fees collected shall be transferred to the State | ||||||
| 17 | agency on whose behalf the fees were collected, or paid into | ||||||
| 18 | the special fund designated in the law authorizing the | ||||||
| 19 | organization to issue decals for Universal special license | ||||||
| 20 | plates. All money in the designated fund shall be distributed | ||||||
| 21 | by the Secretary subject to appropriation by the General | ||||||
| 22 | Assembly. | ||||||
| 23 | (e) The following organizations may issue decals for | ||||||
| 24 | Universal special license plates with the original and renewal | ||||||
| 25 | fees and fee distribution as follows: | ||||||
| 26 | (1) The Illinois Department of Natural Resources. | ||||||
| |||||||
| |||||||
| 1 | (A) Original issuance: $25; with $10 to the | ||||||
| 2 | Roadside Monarch Habitat Fund and $15 to the Secretary | ||||||
| 3 | of State Special License Plate Fund. | ||||||
| 4 | (B) Renewal: $25; with $23 to the Roadside Monarch | ||||||
| 5 | Habitat Fund and $2 to the Secretary of State Special | ||||||
| 6 | License Plate Fund. | ||||||
| 7 | (2) Illinois Veterans' Homes. | ||||||
| 8 | (A) Original issuance: $26, which shall be | ||||||
| 9 | deposited into the Illinois Veterans' Homes Fund. | ||||||
| 10 | (B) Renewal: $26, which shall be deposited into | ||||||
| 11 | the Illinois Veterans' Homes Fund. | ||||||
| 12 | (3) The Illinois Department of Human Services for | ||||||
| 13 | volunteerism decals. | ||||||
| 14 | (A) Original issuance: $25, which shall be | ||||||
| 15 | deposited into the Secretary of State Special License | ||||||
| 16 | Plate Fund. | ||||||
| 17 | (B) Renewal: $25, which shall be deposited into | ||||||
| 18 | the Secretary of State Special License Plate Fund. | ||||||
| 19 | (4) The Illinois Department of Public Health. | ||||||
| 20 | (A) Original issuance: $25; with $10 to the | ||||||
| 21 | Prostate Cancer Awareness Fund and $15 to the | ||||||
| 22 | Secretary of State Special License Plate Fund. | ||||||
| 23 | (B) Renewal: $25; with $23 to the Prostate Cancer | ||||||
| 24 | Awareness Fund and $2 to the Secretary of State | ||||||
| 25 | Special License Plate Fund. | ||||||
| 26 | (5) Horsemen's Council of Illinois. | ||||||
| |||||||
| |||||||
| 1 | (A) Original issuance: $25; with $10 to the | ||||||
| 2 | Horsemen's Council of Illinois Fund and $15 to the | ||||||
| 3 | Secretary of State Special License Plate Fund. | ||||||
| 4 | (B) Renewal: $25; with $23 to the Horsemen's | ||||||
| 5 | Council of Illinois Fund and $2 to the Secretary of | ||||||
| 6 | State Special License Plate Fund. | ||||||
| 7 | (6) K9s for Veterans, NFP. | ||||||
| 8 | (A) Original issuance: $25; with $10 to the | ||||||
| 9 | Post-Traumatic Stress Disorder Awareness Fund and $15 | ||||||
| 10 | to the Secretary of State Special License Plate Fund. | ||||||
| 11 | (B) Renewal: $25; with $23 to the Post-Traumatic | ||||||
| 12 | Stress Disorder Awareness Fund and $2 to the Secretary | ||||||
| 13 | of State Special License Plate Fund. | ||||||
| 14 | (7) The International Association of Machinists and | ||||||
| 15 | Aerospace Workers. | ||||||
| 16 | (A) Original issuance: $35; with $20 to the Guide | ||||||
| 17 | Dogs of America Fund and $15 to the Secretary of State | ||||||
| 18 | Special License Plate Fund. | ||||||
| 19 | (B) Renewal: $25; with $23 going to the Guide Dogs | ||||||
| 20 | of America Fund and $2 to the Secretary of State | ||||||
| 21 | Special License Plate Fund. | ||||||
| 22 | (8) Local Lodge 701 of the International Association | ||||||
| 23 | of Machinists and Aerospace Workers. | ||||||
| 24 | (A) Original issuance: $35; with $10 to the Guide | ||||||
| 25 | Dogs of America Fund, $10 to the Mechanics Training | ||||||
| 26 | Fund, and $15 to the Secretary of State Special | ||||||
| |||||||
| |||||||
| 1 | License Plate Fund. | ||||||
| 2 | (B) Renewal: $30; with $13 to the Guide Dogs of | ||||||
| 3 | America Fund, $15 to the Mechanics Training Fund, and | ||||||
| 4 | $2 to the Secretary of State Special License Plate | ||||||
| 5 | Fund. | ||||||
| 6 | (9) Illinois Department of Human Services. | ||||||
| 7 | (A) Original issuance: $25; with $10 to the | ||||||
| 8 | Theresa Tracy Trot - Illinois CancerCare Foundation | ||||||
| 9 | Fund and $15 to the Secretary of State Special License | ||||||
| 10 | Plate Fund. | ||||||
| 11 | (B) Renewal: $25; with $23 to the Theresa Tracy | ||||||
| 12 | Trot - Illinois CancerCare Foundation Fund and $2 to | ||||||
| 13 | the Secretary of State Special License Plate Fund. | ||||||
| 14 | (10) The Illinois Department of Human Services for | ||||||
| 15 | developmental disabilities awareness decals. | ||||||
| 16 | (A) Original issuance: $25; with $10 to the | ||||||
| 17 | Developmental Disabilities Awareness Fund and $15 to | ||||||
| 18 | the Secretary of State Special License Plate Fund. | ||||||
| 19 | (B) Renewal: $25; with $23 to the Developmental | ||||||
| 20 | Disabilities Awareness Fund and $2 to the Secretary of | ||||||
| 21 | State Special License Plate Fund. | ||||||
| 22 | (11) The Illinois Department of Human Services for | ||||||
| 23 | pediatric cancer awareness decals. | ||||||
| 24 | (A) Original issuance: $25; with $10 to the | ||||||
| 25 | Pediatric Cancer Awareness Fund and $15 to the | ||||||
| 26 | Secretary of State Special License Plate Fund. | ||||||
| |||||||
| |||||||
| 1 | (B) Renewal: $25; with $23 to the Pediatric Cancer | ||||||
| 2 | Awareness Fund and $2 to the Secretary of State | ||||||
| 3 | Special License Plate Fund. | ||||||
| 4 | (12) The Department of Veterans' Affairs for Fold of | ||||||
| 5 | Honor decals. | ||||||
| 6 | (A) Original issuance: $25; with $10 to the Folds | ||||||
| 7 | of Honor Foundation Fund and $15 to the Secretary of | ||||||
| 8 | State Special License Plate Fund. | ||||||
| 9 | (B) Renewal: $25; with $23 to the Folds of Honor | ||||||
| 10 | Foundation Fund and $2 to the Secretary of State | ||||||
| 11 | Special License Plate Fund. | ||||||
| 12 | (13) The Illinois chapters of the Experimental | ||||||
| 13 | Aircraft Association for aviation enthusiast decals. | ||||||
| 14 | (A) Original issuance: $25; with $10 to the | ||||||
| 15 | Experimental Aircraft Association Fund and $15 to the | ||||||
| 16 | Secretary of State Special License Plate Fund. | ||||||
| 17 | (B) Renewal: $25; with $23 to the Experimental | ||||||
| 18 | Aircraft Association Fund and $2 to the Secretary of | ||||||
| 19 | State Special License Plate Fund. | ||||||
| 20 | (14) The Illinois Department of Human Services for | ||||||
| 21 | Child Abuse Council of the Quad Cities decals. | ||||||
| 22 | (A) Original issuance: $25; with $10 to the Child | ||||||
| 23 | Abuse Council of the Quad Cities Fund and $15 to the | ||||||
| 24 | Secretary of State Special License Plate Fund. | ||||||
| 25 | (B) Renewal: $25; with $23 to the Child Abuse | ||||||
| 26 | Council of the Quad Cities Fund and $2 to the Secretary | ||||||
| |||||||
| |||||||
| 1 | of State Special License Plate Fund. | ||||||
| 2 | (15) The Illinois Department of Public Health for | ||||||
| 3 | health care worker decals. | ||||||
| 4 | (A) Original issuance: $25; with $10 to the | ||||||
| 5 | Illinois Health Care Workers Benefit Fund, and $15 to | ||||||
| 6 | the Secretary of State Special License Plate Fund. | ||||||
| 7 | (B) Renewal: $25; with $23 to the Illinois Health | ||||||
| 8 | Care Workers Benefit Fund and $2 to the Secretary of | ||||||
| 9 | State Special License Plate Fund. | ||||||
| 10 | (16) The Department of Agriculture for Future Farmers | ||||||
| 11 | of America decals. | ||||||
| 12 | (A) Original issuance: $25; with $10 to the Future | ||||||
| 13 | Farmers of America Fund and $15 to the Secretary of | ||||||
| 14 | State Special License Plate Fund. | ||||||
| 15 | (B) Renewal: $25; with $23 to the Future Farmers | ||||||
| 16 | of America Fund and $2 to the Secretary of State | ||||||
| 17 | Special License Plate Fund. | ||||||
| 18 | (17) The Illinois Department of Public Health for | ||||||
| 19 | autism awareness decals that are designed with input from | ||||||
| 20 | autism advocacy organizations. | ||||||
| 21 | (A) Original issuance: $25; with $10 to the Autism | ||||||
| 22 | Awareness Fund and $15 to the Secretary of State | ||||||
| 23 | Special License Plate Fund. | ||||||
| 24 | (B) Renewal: $25; with $23 to the Autism Awareness | ||||||
| 25 | Fund and $2 to the Secretary of State Special License | ||||||
| 26 | Plate Fund. | ||||||
| |||||||
| |||||||
| 1 | (18) The Department of Natural Resources for Lyme | ||||||
| 2 | disease research decals. | ||||||
| 3 | (A) Original issuance: $25; with $10 to the Tick | ||||||
| 4 | Research, Education, and Evaluation Fund and $15 to | ||||||
| 5 | the Secretary of State Special License Plate Fund. | ||||||
| 6 | (B) Renewal: $25; with $23 to the Tick Research, | ||||||
| 7 | Education, and Evaluation Fund and $2 to the Secretary | ||||||
| 8 | of State Special License Plate Fund. | ||||||
| 9 | (19) The IBEW Thank a Line Worker decal. | ||||||
| 10 | (A) Original issuance: $15, which shall be | ||||||
| 11 | deposited into the Secretary of State Special License | ||||||
| 12 | Plate Fund. | ||||||
| 13 | (B) Renewal: $2, which shall be deposited into the | ||||||
| 14 | Secretary of State Special License Plate Fund. | ||||||
| 15 | (20) An Illinois chapter of the Navy Club for Navy | ||||||
| 16 | Club decals. | ||||||
| 17 | (A) Original issuance: $5; which shall be | ||||||
| 18 | deposited into the Navy Club Fund. | ||||||
| 19 | (B) Renewal: $18; which shall be deposited into | ||||||
| 20 | the Navy Club Fund. | ||||||
| 21 | (21) (20) An Illinois chapter of the International | ||||||
| 22 | Brotherhood of Electrical Workers for International | ||||||
| 23 | Brotherhood of Electrical Workers decal. | ||||||
| 24 | (A) Original issuance: $25; with $10 to the | ||||||
| 25 | International Brotherhood of Electrical Workers Fund | ||||||
| 26 | and $15 to the Secretary of State Special License | ||||||
| |||||||
| |||||||
| 1 | Plate Fund. | ||||||
| 2 | (B) Renewal: $25; with $23 to the International | ||||||
| 3 | Brotherhood of Electrical Workers Fund and $2 to the | ||||||
| 4 | Secretary of State Special License Plate Fund. | ||||||
| 5 | (22) (20) The 100 Club of Illinois decal. | ||||||
| 6 | (A) Original issuance: $45; with $30 to the 100 | ||||||
| 7 | Club of Illinois Fund and $15 to the Secretary of State | ||||||
| 8 | Special License Plate Fund. | ||||||
| 9 | (B) Renewal: $27; with $25 to the 100 Club of | ||||||
| 10 | Illinois Fund and $2 to the Secretary of State Special | ||||||
| 11 | License Plate Fund. | ||||||
| 12 | (23) (20) The Illinois USTA/Midwest Youth Tennis | ||||||
| 13 | Foundation decal. | ||||||
| 14 | (A) Original issuance: $40; with $25 to the | ||||||
| 15 | Illinois USTA/Midwest Youth Tennis Foundation Fund and | ||||||
| 16 | $15 to the Secretary of State Special License Plate | ||||||
| 17 | Fund. | ||||||
| 18 | (B) Renewal: $40; with $38 to the Illinois | ||||||
| 19 | USTA/Midwest Youth Tennis Foundation Fund and $2 to | ||||||
| 20 | the Secretary of State Special License Plate Fund. | ||||||
| 21 | (24) (20) The Sons of the American Legion decal. | ||||||
| 22 | (A) Original issuance: $25; with $10 to the Sons | ||||||
| 23 | of the American Legion Fund and $15 to the Secretary of | ||||||
| 24 | State Special License Plate Fund. | ||||||
| 25 | (B) Renewal: $25; with $23 to the Sons of the | ||||||
| 26 | American Legion Fund and $2 to the Secretary of State | ||||||
| |||||||
| |||||||
| 1 | Special License Plate Fund. | ||||||
| 2 | (f) The following funds are created as special funds in | ||||||
| 3 | the State treasury: | ||||||
| 4 | (1) The Roadside Monarch Habitat Fund. All money in | ||||||
| 5 | the Roadside Monarch Habitat Fund shall be paid as grants | ||||||
| 6 | to the Illinois Department of Natural Resources to fund | ||||||
| 7 | roadside monarch and other pollinator habitat development, | ||||||
| 8 | enhancement, and restoration projects in this State. | ||||||
| 9 | (2) The Prostate Cancer Awareness Fund. All money in | ||||||
| 10 | the Prostate Cancer Awareness Fund shall be paid as grants | ||||||
| 11 | to the Prostate Cancer Foundation of Chicago. | ||||||
| 12 | (3) The Horsemen's Council of Illinois Fund. All money | ||||||
| 13 | in the Horsemen's Council of Illinois Fund shall be paid | ||||||
| 14 | as grants to the Horsemen's Council of Illinois. | ||||||
| 15 | (4) The Post-Traumatic Stress Disorder Awareness Fund. | ||||||
| 16 | All money in the Post-Traumatic Stress Disorder Awareness | ||||||
| 17 | Fund shall be paid as grants to K9s for Veterans, NFP for | ||||||
| 18 | support, education, and awareness of veterans with | ||||||
| 19 | post-traumatic stress disorder. | ||||||
| 20 | (5) The Guide Dogs of America Fund. All money in the | ||||||
| 21 | Guide Dogs of America Fund shall be paid as grants to the | ||||||
| 22 | International Guiding Eyes, Inc., doing business as Guide | ||||||
| 23 | Dogs of America. | ||||||
| 24 | (6) The Mechanics Training Fund. All money in the | ||||||
| 25 | Mechanics Training Fund shall be paid as grants to the | ||||||
| 26 | Mechanics Local 701 Training Fund. | ||||||
| |||||||
| |||||||
| 1 | (7) The Theresa Tracy Trot - Illinois CancerCare | ||||||
| 2 | Foundation Fund. All money in the Theresa Tracy Trot - | ||||||
| 3 | Illinois CancerCare Foundation Fund shall be paid to the | ||||||
| 4 | Illinois CancerCare Foundation for the purpose of | ||||||
| 5 | furthering pancreatic cancer research. | ||||||
| 6 | (8) The Developmental Disabilities Awareness Fund. All | ||||||
| 7 | money in the Developmental Disabilities Awareness Fund | ||||||
| 8 | shall be paid as grants to the Illinois Department of | ||||||
| 9 | Human Services to fund legal aid groups to assist with | ||||||
| 10 | guardianship fees for private citizens willing to become | ||||||
| 11 | guardians for individuals with developmental disabilities | ||||||
| 12 | but who are unable to pay the legal fees associated with | ||||||
| 13 | becoming a guardian. | ||||||
| 14 | (9) The Pediatric Cancer Awareness Fund. All money in | ||||||
| 15 | the Pediatric Cancer Awareness Fund shall be paid as | ||||||
| 16 | grants to the Cancer Center at Illinois for pediatric | ||||||
| 17 | cancer treatment and research. | ||||||
| 18 | (10) The Folds of Honor Foundation Fund. All money in | ||||||
| 19 | the Folds of Honor Foundation Fund shall be paid as grants | ||||||
| 20 | to the Folds of Honor Foundation to aid in providing | ||||||
| 21 | educational scholarships to military families. | ||||||
| 22 | (11) The Experimental Aircraft Association Fund. All | ||||||
| 23 | money in the Experimental Aircraft Association Fund shall | ||||||
| 24 | be paid, subject to appropriation by the General Assembly | ||||||
| 25 | and distribution by the Secretary, as grants to promote | ||||||
| 26 | recreational aviation. | ||||||
| |||||||
| |||||||
| 1 | (12) The Child Abuse Council of the Quad Cities Fund. | ||||||
| 2 | All money in the Child Abuse Council of the Quad Cities | ||||||
| 3 | Fund shall be paid as grants to benefit the Child Abuse | ||||||
| 4 | Council of the Quad Cities. | ||||||
| 5 | (13) The Illinois Health Care Workers Benefit Fund. | ||||||
| 6 | All money in the Illinois Health Care Workers Benefit Fund | ||||||
| 7 | shall be paid as grants to the Trinity Health Foundation | ||||||
| 8 | for the benefit of health care workers, doctors, nurses, | ||||||
| 9 | and others who work in the health care industry in this | ||||||
| 10 | State. | ||||||
| 11 | (14) The Future Farmers of America Fund. All money in | ||||||
| 12 | the Future Farmers of America Fund shall be paid as grants | ||||||
| 13 | to the Illinois Association of Future Farmers of America. | ||||||
| 14 | (15) The Tick Research, Education, and Evaluation | ||||||
| 15 | Fund. All money in the Tick Research, Education, and | ||||||
| 16 | Evaluation Fund shall be paid as grants to the Illinois | ||||||
| 17 | Lyme Association. | ||||||
| 18 | (16) The Navy Club Fund. All money in the Navy Club | ||||||
| 19 | Fund shall be paid as grants to any local chapter of the | ||||||
| 20 | Navy Club that is located in this State. | ||||||
| 21 | (17) (16) The International Brotherhood of Electrical | ||||||
| 22 | Workers Fund. All money in the International Brotherhood | ||||||
| 23 | of Electrical Workers Fund shall be paid as grants to any | ||||||
| 24 | local chapter of the International Brotherhood of | ||||||
| 25 | Electrical Workers that is located in this State. | ||||||
| 26 | (18) (16) The 100 Club of Illinois Fund. All money in | ||||||
| |||||||
| |||||||
| 1 | the 100 Club of Illinois Fund shall be paid as grants to | ||||||
| 2 | the 100 Club of Illinois for the purpose of giving | ||||||
| 3 | financial support to children and spouses of first | ||||||
| 4 | responders killed in the line of duty and mental health | ||||||
| 5 | resources for active duty first responders. | ||||||
| 6 | (19) (16) The Illinois USTA/Midwest Youth Tennis | ||||||
| 7 | Foundation Fund. All money in the Illinois USTA/Midwest | ||||||
| 8 | Youth Tennis Foundation Fund shall be paid as grants to | ||||||
| 9 | Illinois USTA/Midwest Youth Tennis Foundation to aid | ||||||
| 10 | USTA/Midwest districts in the State with exposing youth to | ||||||
| 11 | the game of tennis. | ||||||
| 12 | (20) (16) The Sons of the American Legion Fund. All | ||||||
| 13 | money in the Sons of the American Legion Fund shall be paid | ||||||
| 14 | as grants to the Illinois Detachment of the Sons of the | ||||||
| 15 | American Legion. | ||||||
| 16 | (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; | ||||||
| 17 | 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. | ||||||
| 18 | 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, | ||||||
| 19 | eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; | ||||||
| 20 | 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. | ||||||
| 21 | 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, | ||||||
| 22 | eff. 1-1-25; revised 11-26-24.)
| ||||||
| 23 | (625 ILCS 5/3-699.22) | ||||||
| 24 | Sec. 3-699.22. United States Submarine Veterans plates. | ||||||
| 25 | (a) The Secretary of State, upon receipt of all applicable | ||||||
| |||||||
| |||||||
| 1 | fees and applications made in the form prescribed by the | ||||||
| 2 | Secretary, may issue special registration plates designated as | ||||||
| 3 | United States Submarine Veterans plates to each resident of | ||||||
| 4 | this State who served in the United States Navy as a | ||||||
| 5 | submariner. The special plates issued under this Section shall | ||||||
| 6 | be affixed only to passenger vehicles of the first division, | ||||||
| 7 | motorcycles, and motor vehicles of the second division | ||||||
| 8 | weighing not more than 8,000 pounds. Plates under this Section | ||||||
| 9 | shall expire according to the multi-year procedure established | ||||||
| 10 | by Section 3-414.1. | ||||||
| 11 | (b) The plates shall display the United States Submarine | ||||||
| 12 | Veterans logo and the phrase "Silent Service". In all other | ||||||
| 13 | respects, the design and color of the special plates shall be | ||||||
| 14 | wholly within the discretion of the Secretary. Appropriate | ||||||
| 15 | documentation, as determined by the Secretary, shall accompany | ||||||
| 16 | each application. The Secretary, in the Secretary's | ||||||
| 17 | discretion, may allow the plates to be issued as vanity plates | ||||||
| 18 | or personalized in accordance with Section 3-405.1. The plates | ||||||
| 19 | are not required to designate "Land of Lincoln", as prescribed | ||||||
| 20 | in subsection (b) of Section 3-412. The Secretary shall | ||||||
| 21 | prescribe the eligibility requirements and, in his or her | ||||||
| 22 | discretion, shall approve and prescribe stickers or decals as | ||||||
| 23 | provided under Section 3-412. | ||||||
| 24 | (Source: P.A. 103-130, eff. 1-1-24.)
| ||||||
| 25 | (625 ILCS 5/3-699.25) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3-699.25 3-699.22. Air Force Combat Action Medal | ||||||
| 2 | license plates. | ||||||
| 3 | (a) In addition to any other special license plate, the | ||||||
| 4 | Secretary, upon receipt of all applicable fees and | ||||||
| 5 | applications made in the form prescribed by the Secretary of | ||||||
| 6 | State, may issue Air Force Combat Action Medal license plates | ||||||
| 7 | to residents of this State who have been awarded the Air Force | ||||||
| 8 | Combat Action Medal. The special Air Force Combat Action Medal | ||||||
| 9 | plate issued under this Section shall be affixed only to | ||||||
| 10 | passenger vehicles of the first division, motorcycles, and | ||||||
| 11 | motor vehicles of the second division weighing not more than | ||||||
| 12 | 8,000 pounds. Plates issued under this Section shall expire | ||||||
| 13 | according to the staggered multi-year procedure established by | ||||||
| 14 | Section 3-414.1. | ||||||
| 15 | (b) The plates shall display the Air Force Combat Action | ||||||
| 16 | Medal. In all other respects, the design, color, and format of | ||||||
| 17 | the special plates shall be wholly within the discretion of | ||||||
| 18 | the Secretary. The Secretary may, in the Secretary's own | ||||||
| 19 | discretion, allow the plates to be issued as vanity plates or | ||||||
| 20 | personalized in accordance with Section 3-405.1 of this Code. | ||||||
| 21 | The plates are not required to designate "Land of Lincoln", as | ||||||
| 22 | prescribed in subsection (b) of Section 3-412. The Secretary | ||||||
| 23 | shall prescribe the eligibility requirements and, in the | ||||||
| 24 | Secretary's own discretion, shall approve and prescribe | ||||||
| 25 | stickers or decals as provided under Section 3-412. | ||||||
| 26 | (Source: P.A. 103-660, eff. 1-1-25; revised 12-3-24.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802) | ||||||
| 2 | Sec. 3-802. Reclassifications and upgrades. | ||||||
| 3 | (a) Definitions. For the purposes of this Section, the | ||||||
| 4 | following words shall have the meanings ascribed to them as | ||||||
| 5 | follows: | ||||||
| 6 | "Reclassification" means changing the registration of | ||||||
| 7 | a vehicle from one plate category to another. | ||||||
| 8 | "Upgrade" means increasing the registered weight of a | ||||||
| 9 | vehicle within the same plate category. | ||||||
| 10 | (b) When reclassing the registration of a vehicle from one | ||||||
| 11 | plate category to another, the owner shall receive credit for | ||||||
| 12 | the unused portion of the present plate and be charged the | ||||||
| 13 | current portion fees for the new plate. In addition, the | ||||||
| 14 | appropriate replacement plate and replacement sticker fees | ||||||
| 15 | shall be assessed. | ||||||
| 16 | (b-5) Any individual who has a registration issued under | ||||||
| 17 | either Section 3-405 or 3-405.1 that qualifies for a special | ||||||
| 18 | license plate under Section 3-609, 3-609.1, 3-620, 3-621, | ||||||
| 19 | 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, | ||||||
| 20 | 3-647, 3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, | ||||||
| 21 | 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, | ||||||
| 22 | 3-699.12, 3-699.15, 3-699.16, 3-699.17, 3-699.19, 3-699.20, or | ||||||
| 23 | 3-699.25 3-699.22 may reclass his or her registration upon | ||||||
| 24 | acquiring a special license plate listed in this subsection | ||||||
| 25 | (b-5) without a replacement plate or digital plate fee or | ||||||
| |||||||
| |||||||
| 1 | registration sticker or digital registration sticker cost. | ||||||
| 2 | (b-10) Any individual who has a special license plate | ||||||
| 3 | issued under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, | ||||||
| 4 | 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, | ||||||
| 5 | 3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, | ||||||
| 6 | 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, | ||||||
| 7 | 3-699.17, or 3-699.25 3-699.22 may reclass his or her special | ||||||
| 8 | license plate upon acquiring a new registration under Section | ||||||
| 9 | 3-405 or 3-405.1 without a replacement plate or digital plate | ||||||
| 10 | fee or registration sticker or digital registration sticker | ||||||
| 11 | cost. | ||||||
| 12 | (c) When upgrading the weight of a registration within the | ||||||
| 13 | same plate category, the owner shall pay the difference in | ||||||
| 14 | current period fees between the 2 plates. In addition, the | ||||||
| 15 | appropriate replacement plate and replacement sticker fees | ||||||
| 16 | shall be assessed. In the event new plates are not required, | ||||||
| 17 | the corrected registration card fee shall be assessed. | ||||||
| 18 | (d) In the event the owner of the vehicle desires to change | ||||||
| 19 | the registered weight and change the plate category, the owner | ||||||
| 20 | shall receive credit for the unused portion of the | ||||||
| 21 | registration fee of the current plate and pay the current | ||||||
| 22 | portion of the registration fee for the new plate, and in | ||||||
| 23 | addition, pay the appropriate replacement plate and | ||||||
| 24 | replacement sticker fees. | ||||||
| 25 | (e) Reclassing from one plate category to another plate | ||||||
| 26 | category can be done only once within any registration period. | ||||||
| |||||||
| |||||||
| 1 | (f) No refunds shall be made in any of the circumstances | ||||||
| 2 | found in subsection (b), subsection (c), or subsection (d); | ||||||
| 3 | however, when reclassing from a flat weight plate to an | ||||||
| 4 | apportioned plate, a refund may be issued if the credit | ||||||
| 5 | amounts to an overpayment. | ||||||
| 6 | (g) In the event the registration of a vehicle registered | ||||||
| 7 | under the mileage tax option is revoked, the owner shall be | ||||||
| 8 | required to pay the annual registration fee in the new plate | ||||||
| 9 | category and shall not receive any credit for the mileage | ||||||
| 10 | plate fees. | ||||||
| 11 | (h) Certain special interest plates may be displayed on | ||||||
| 12 | first division vehicles, second division vehicles weighing | ||||||
| 13 | 8,000 pounds or less, and recreational vehicles. Those plates | ||||||
| 14 | can be transferred within those vehicle groups. | ||||||
| 15 | (i) Plates displayed on second division vehicles weighing | ||||||
| 16 | 8,000 pounds or less and passenger vehicle plates may be | ||||||
| 17 | reclassed from one division to the other. | ||||||
| 18 | (j) Other than in subsection (i), reclassing from one | ||||||
| 19 | division to the other division is prohibited. In addition, a | ||||||
| 20 | reclass from a motor vehicle to a trailer or a trailer to a | ||||||
| 21 | motor vehicle is prohibited. | ||||||
| 22 | (Source: P.A. 102-154, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
| 23 | 103-660, eff. 1-1-25; revised 11-25-24.)
| ||||||
| 24 | (625 ILCS 5/3-804) (from Ch. 95 1/2, par. 3-804) | ||||||
| 25 | Sec. 3-804. Antique vehicles. | ||||||
| |||||||
| |||||||
| 1 | (a) The owner of an antique vehicle may register such | ||||||
| 2 | vehicle for a fee not to exceed $13 for a 2-year antique plate. | ||||||
| 3 | The application for registration must be accompanied by an | ||||||
| 4 | affirmation of the owner that such vehicle will be driven on | ||||||
| 5 | the highway only for the purpose of going to and returning from | ||||||
| 6 | an antique auto show or an exhibition, or for servicing or | ||||||
| 7 | demonstration and also affirming that the mechanical | ||||||
| 8 | condition, physical condition, brakes, lights, glass, and | ||||||
| 9 | appearance of such vehicle is the same or as safe as originally | ||||||
| 10 | equipped. The Secretary may, in his discretion, prescribe that | ||||||
| 11 | antique vehicle plates be issued for a definite or an | ||||||
| 12 | indefinite term, such term to correspond to the term of | ||||||
| 13 | registration plates issued generally, as provided in Section | ||||||
| 14 | 3-414.1. In no event may the registration fee for antique | ||||||
| 15 | vehicles exceed $6 per registration year. Any person | ||||||
| 16 | requesting antique plates under this Section may also apply to | ||||||
| 17 | have vanity or personalized plates as provided under Section | ||||||
| 18 | 3-405.1. | ||||||
| 19 | (b) Any person who is the registered owner of an antique | ||||||
| 20 | vehicle may display a historical Illinois-issued license plate | ||||||
| 21 | that represents the model year of the vehicle, furnished by | ||||||
| 22 | such person, in lieu of the current and valid Illinois antique | ||||||
| 23 | vehicle plates issued thereto, provided that valid and current | ||||||
| 24 | Illinois antique vehicle plates and registration card issued | ||||||
| 25 | to such antique vehicle are simultaneously carried within such | ||||||
| 26 | vehicle and are available for inspection. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-706, eff. 1-1-25; revised 10-24-24.)
| ||||||
| 2 | (625 ILCS 5/4-203) | ||||||
| 3 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
| 4 | towing or hauling away. | ||||||
| 5 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
| 6 | toll highway, interstate highway, or expressway for 2 hours or | ||||||
| 7 | more, its removal by a towing service may be authorized by a | ||||||
| 8 | law enforcement agency having jurisdiction. | ||||||
| 9 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
| 10 | district for 10 hours or more, its removal by a towing service | ||||||
| 11 | may be authorized by a law enforcement agency having | ||||||
| 12 | jurisdiction. | ||||||
| 13 | (c) When a vehicle is abandoned or left unattended on a | ||||||
| 14 | highway other than a toll highway, interstate highway, or | ||||||
| 15 | expressway, outside of an urban district for 24 hours or more, | ||||||
| 16 | its removal by a towing service may be authorized by a law | ||||||
| 17 | enforcement agency having jurisdiction. | ||||||
| 18 | (d) When an abandoned, unattended, wrecked, burned, or | ||||||
| 19 | partially dismantled vehicle is creating a traffic hazard | ||||||
| 20 | because of its position in relation to the highway or its | ||||||
| 21 | physical appearance is causing the impeding of traffic, its | ||||||
| 22 | immediate removal from the highway or private property | ||||||
| 23 | adjacent to the highway by a towing service may be authorized | ||||||
| 24 | by a law enforcement agency having jurisdiction. | ||||||
| 25 | (e) Whenever a peace officer reasonably believes that a | ||||||
| |||||||
| |||||||
| 1 | person under arrest for a violation of Section 11-501 of this | ||||||
| 2 | Code or a similar provision of a local ordinance is likely, | ||||||
| 3 | upon release, to commit a subsequent violation of Section | ||||||
| 4 | 11-501, or a similar provision of a local ordinance, the | ||||||
| 5 | arresting officer shall have the vehicle which the person was | ||||||
| 6 | operating at the time of the arrest impounded for a period of | ||||||
| 7 | 12 hours after the time of arrest. However, such vehicle may be | ||||||
| 8 | released by the arresting law enforcement agency prior to the | ||||||
| 9 | end of the impoundment period if: | ||||||
| 10 | (1) the vehicle was not owned by the person under | ||||||
| 11 | arrest, and the lawful owner requesting such release | ||||||
| 12 | possesses a valid operator's license, proof of ownership, | ||||||
| 13 | and would not, as determined by the arresting law | ||||||
| 14 | enforcement agency, indicate a lack of ability to operate | ||||||
| 15 | a motor vehicle in a safe manner, or who would otherwise, | ||||||
| 16 | by operating such motor vehicle, be in violation of this | ||||||
| 17 | Code; or | ||||||
| 18 | (2) the vehicle is owned by the person under arrest, | ||||||
| 19 | and the person under arrest gives permission to another | ||||||
| 20 | person to operate such vehicle, provided however, that the | ||||||
| 21 | other person possesses a valid operator's license and | ||||||
| 22 | would not, as determined by the arresting law enforcement | ||||||
| 23 | agency, indicate a lack of ability to operate a motor | ||||||
| 24 | vehicle in a safe manner or who would otherwise, by | ||||||
| 25 | operating such motor vehicle, be in violation of this | ||||||
| 26 | Code. | ||||||
| |||||||
| |||||||
| 1 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
| 2 | into custody for operating the vehicle in violation of Section | ||||||
| 3 | 11-501 of this Code or a similar provision of a local ordinance | ||||||
| 4 | or Section 6-303 of this Code, a law enforcement officer may | ||||||
| 5 | have the vehicle immediately impounded for a period not less | ||||||
| 6 | than: | ||||||
| 7 | (1) 24 hours for a second violation of Section 11-501 | ||||||
| 8 | of this Code or a similar provision of a local ordinance or | ||||||
| 9 | Section 6-303 of this Code or a combination of these | ||||||
| 10 | offenses; or | ||||||
| 11 | (2) 48 hours for a third violation of Section 11-501 | ||||||
| 12 | of this Code or a similar provision of a local ordinance or | ||||||
| 13 | Section 6-303 of this Code or a combination of these | ||||||
| 14 | offenses. | ||||||
| 15 | The vehicle may be released sooner if the vehicle is owned | ||||||
| 16 | by the person under arrest and the person under arrest gives | ||||||
| 17 | permission to another person to operate the vehicle and that | ||||||
| 18 | other person possesses a valid operator's license and would | ||||||
| 19 | not, as determined by the arresting law enforcement agency, | ||||||
| 20 | indicate a lack of ability to operate a motor vehicle in a safe | ||||||
| 21 | manner or would otherwise, by operating the motor vehicle, be | ||||||
| 22 | in violation of this Code. | ||||||
| 23 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
| 24 | owner or lessor of privately owned real property within this | ||||||
| 25 | State, or any person authorized by such owner or lessor, or any | ||||||
| 26 | law enforcement agency in the case of publicly owned real | ||||||
| |||||||
| |||||||
| 1 | property may cause any motor vehicle abandoned or left | ||||||
| 2 | unattended upon such property without permission to be removed | ||||||
| 3 | by a towing service without liability for the costs of | ||||||
| 4 | removal, transportation, or storage, or damage caused by such | ||||||
| 5 | removal, transportation, or storage. The towing or removal of | ||||||
| 6 | any vehicle from private property without the consent of the | ||||||
| 7 | registered owner or other legally authorized person in control | ||||||
| 8 | of the vehicle is subject to compliance with the following | ||||||
| 9 | conditions and restrictions: | ||||||
| 10 | 1. Any towed or removed vehicle must be stored at the | ||||||
| 11 | site of the towing service's place of business. The site | ||||||
| 12 | must be open during business hours, and for the purpose of | ||||||
| 13 | redemption of vehicles, during the time that the person or | ||||||
| 14 | firm towing such vehicle is open for towing purposes. | ||||||
| 15 | 2. The towing service shall within 30 minutes of | ||||||
| 16 | completion of such towing or removal, notify the law | ||||||
| 17 | enforcement agency having jurisdiction of such towing or | ||||||
| 18 | removal, and the make, model, color, and license plate | ||||||
| 19 | number of the vehicle, and shall obtain and record the | ||||||
| 20 | name of the person at the law enforcement agency to whom | ||||||
| 21 | such information was reported. | ||||||
| 22 | 3. If the registered owner or legally authorized | ||||||
| 23 | person entitled to possession of the vehicle shall arrive | ||||||
| 24 | at the scene prior to actual removal or towing of the | ||||||
| 25 | vehicle, the vehicle shall be disconnected from the tow | ||||||
| 26 | truck and that person shall be allowed to remove the | ||||||
| |||||||
| |||||||
| 1 | vehicle without interference, upon the payment of a | ||||||
| 2 | reasonable service fee of not more than one-half the | ||||||
| 3 | posted rate of the towing service as provided in paragraph | ||||||
| 4 | 6 of this subsection, for which a receipt shall be given. | ||||||
| 5 | 4. The rebate or payment of money or any other | ||||||
| 6 | valuable consideration from the towing service or its | ||||||
| 7 | owners, managers, or employees to the owners or operators | ||||||
| 8 | of the premises from which the vehicles are towed or | ||||||
| 9 | removed, for the privilege of removing or towing those | ||||||
| 10 | vehicles, is prohibited. Any individual who violates this | ||||||
| 11 | paragraph shall be guilty of a Class A misdemeanor. | ||||||
| 12 | 5. Except for property appurtenant to and obviously a | ||||||
| 13 | part of a single family residence, and except for | ||||||
| 14 | instances where notice is personally given to the owner or | ||||||
| 15 | other legally authorized person in control of the vehicle | ||||||
| 16 | that the area in which that vehicle is parked is reserved | ||||||
| 17 | or otherwise unavailable to unauthorized vehicles and they | ||||||
| 18 | are subject to being removed at the owner or operator's | ||||||
| 19 | expense, any property owner or lessor, prior to towing or | ||||||
| 20 | removing any vehicle from private property without the | ||||||
| 21 | consent of the owner or other legally authorized person in | ||||||
| 22 | control of that vehicle, must post a notice meeting the | ||||||
| 23 | following requirements: | ||||||
| 24 | a. Except as otherwise provided in subparagraph | ||||||
| 25 | a.1 of this paragraph 5 of this subsection subdivision | ||||||
| 26 | (f)5, the notice must be prominently placed at each | ||||||
| |||||||
| |||||||
| 1 | driveway access or curb cut allowing vehicular access | ||||||
| 2 | to the property within 5 feet from the public | ||||||
| 3 | right-of-way line. If there are no curbs or access | ||||||
| 4 | barriers, the sign must be posted not less than one | ||||||
| 5 | sign each 100 feet of lot frontage. | ||||||
| 6 | a.1. In a municipality with a population of less | ||||||
| 7 | than 250,000, as an alternative to the requirement of | ||||||
| 8 | subparagraph a of this paragraph 5 of this subsection | ||||||
| 9 | subdivision (f)5, the notice for a parking lot | ||||||
| 10 | contained within property used solely for a 2-family, | ||||||
| 11 | 3-family, or 4-family residence may be prominently | ||||||
| 12 | placed at the perimeter of the parking lot, in a | ||||||
| 13 | position where the notice is visible to the occupants | ||||||
| 14 | of vehicles entering the lot. | ||||||
| 15 | b. The notice must indicate clearly, in not less | ||||||
| 16 | than 2 inch high light-reflective letters on a | ||||||
| 17 | contrasting background, that unauthorized vehicles | ||||||
| 18 | will be towed away at the owner's expense. | ||||||
| 19 | c. The notice must also provide the name and | ||||||
| 20 | current telephone number of the towing service towing | ||||||
| 21 | or removing the vehicle. | ||||||
| 22 | d. The sign structure containing the required | ||||||
| 23 | notices must be permanently installed with the bottom | ||||||
| 24 | of the sign not less than 4 feet above ground level, | ||||||
| 25 | and must be continuously maintained on the property | ||||||
| 26 | for not less than 24 hours prior to the towing or | ||||||
| |||||||
| |||||||
| 1 | removing of any vehicle. | ||||||
| 2 | 6. Any towing service that tows or removes vehicles | ||||||
| 3 | and proposes to require the owner, operator, or person in | ||||||
| 4 | control of the vehicle to pay the costs of towing and | ||||||
| 5 | storage prior to redemption of the vehicle must file and | ||||||
| 6 | keep on record with the local law enforcement agency a | ||||||
| 7 | complete copy of the current rates to be charged for such | ||||||
| 8 | services, and post at the storage site an identical rate | ||||||
| 9 | schedule and any written contracts with property owners, | ||||||
| 10 | lessors, or persons in control of property which authorize | ||||||
| 11 | them to remove vehicles as provided in this Section. The | ||||||
| 12 | towing and storage charges, however, shall not exceed the | ||||||
| 13 | maximum allowed by the Illinois Commerce Commission under | ||||||
| 14 | Section 18a-200. | ||||||
| 15 | 7. No person shall engage in the removal of vehicles | ||||||
| 16 | from private property as described in this Section without | ||||||
| 17 | filing a notice of intent in each community where he | ||||||
| 18 | intends to do such removal, and such notice shall be filed | ||||||
| 19 | at least 7 days before commencing such towing. | ||||||
| 20 | 8. No removal of a vehicle from private property shall | ||||||
| 21 | be done except upon express written instructions of the | ||||||
| 22 | owners or persons in charge of the private property upon | ||||||
| 23 | which the vehicle is said to be trespassing. | ||||||
| 24 | 9. Vehicle entry for the purpose of removal shall be | ||||||
| 25 | allowed with reasonable care on the part of the person or | ||||||
| 26 | firm towing the vehicle. Such person or firm shall be | ||||||
| |||||||
| |||||||
| 1 | liable for any damages occasioned to the vehicle if such | ||||||
| 2 | entry is not in accordance with the standards of | ||||||
| 3 | reasonable care. | ||||||
| 4 | 9.5. Except as authorized by a law enforcement | ||||||
| 5 | officer, no towing service shall engage in the removal of | ||||||
| 6 | a commercial motor vehicle that requires a commercial | ||||||
| 7 | driver's license to operate by operating the vehicle under | ||||||
| 8 | its own power on a highway. | ||||||
| 9 | 10. When a vehicle has been towed or removed pursuant | ||||||
| 10 | to this Section, it must be released to its owner, | ||||||
| 11 | custodian, agent, or lienholder within one-half hour after | ||||||
| 12 | requested, if such request is made during business hours. | ||||||
| 13 | Any vehicle owner, custodian, agent, or lienholder shall | ||||||
| 14 | have the right to inspect the vehicle before accepting its | ||||||
| 15 | return, and no release or waiver of any kind which would | ||||||
| 16 | release the towing service from liability for damages | ||||||
| 17 | incurred during the towing and storage may be required | ||||||
| 18 | from any vehicle owner or other legally authorized person | ||||||
| 19 | as a condition of release of the vehicle. A detailed, | ||||||
| 20 | signed receipt showing the legal name of the towing | ||||||
| 21 | service must be given to the person paying towing or | ||||||
| 22 | storage charges at the time of payment, whether requested | ||||||
| 23 | or not. | ||||||
| 24 | This Section shall not apply to law enforcement, | ||||||
| 25 | firefighting, rescue, ambulance, or other emergency | ||||||
| 26 | vehicles which are marked as such or to property owned by | ||||||
| |||||||
| |||||||
| 1 | any governmental entity. | ||||||
| 2 | When an authorized person improperly causes a motor | ||||||
| 3 | vehicle to be removed, such person shall be liable to the | ||||||
| 4 | owner or lessee of the vehicle for the cost of removal, | ||||||
| 5 | transportation and storage, any damages resulting from the | ||||||
| 6 | removal, transportation and storage, attorney's fee, and | ||||||
| 7 | court costs. | ||||||
| 8 | Any towing or storage charges accrued shall be payable | ||||||
| 9 | in cash or by cashier's check, certified check, debit | ||||||
| 10 | card, credit card, or wire transfer, at the option of the | ||||||
| 11 | party taking possession of the vehicle. | ||||||
| 12 | 11. Towing companies shall also provide insurance | ||||||
| 13 | coverage for areas where vehicles towed under the | ||||||
| 14 | provisions of this Chapter will be impounded or otherwise | ||||||
| 15 | stored, and shall adequately cover loss by fire, theft, or | ||||||
| 16 | other risks. | ||||||
| 17 | Any person who fails to comply with the conditions and | ||||||
| 18 | restrictions of this subsection shall be guilty of a Class C | ||||||
| 19 | misdemeanor and shall be fined not less than $100 nor more than | ||||||
| 20 | $500. | ||||||
| 21 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
| 22 | dilapidated motor vehicle pursuant to Section 11-40-3.1 of the | ||||||
| 23 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
| 24 | Code, its removal and impoundment by a towing service may be | ||||||
| 25 | authorized by a law enforcement agency with appropriate | ||||||
| 26 | jurisdiction. | ||||||
| |||||||
| |||||||
| 1 | (2) When a vehicle removal from either public or private | ||||||
| 2 | property is authorized by a law enforcement agency, the owner | ||||||
| 3 | of the vehicle shall be responsible for all towing and storage | ||||||
| 4 | charges. | ||||||
| 5 | (3) Vehicles removed from public or private property and | ||||||
| 6 | stored by a commercial vehicle relocator or any other towing | ||||||
| 7 | service authorized by a law enforcement agency in compliance | ||||||
| 8 | with this Section and Sections 4-201 and 4-202 of this Code, or | ||||||
| 9 | at the request of the vehicle owner or operator, shall be | ||||||
| 10 | subject to a possessor lien for services pursuant to the Labor | ||||||
| 11 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
| 12 | 1 of that Act relating to notice and implied consent shall be | ||||||
| 13 | deemed satisfied by compliance with Section 18a-302 and | ||||||
| 14 | subsection (6) of Section 18a-300. In no event shall such lien | ||||||
| 15 | be greater than the rate or rates established in accordance | ||||||
| 16 | with subsection (6) of Section 18a-200 of this Code. In no | ||||||
| 17 | event shall such lien be increased or altered to reflect any | ||||||
| 18 | charge for services or materials rendered in addition to those | ||||||
| 19 | authorized by this Code. Every such lien shall be payable in | ||||||
| 20 | cash or by cashier's check, certified check, debit card, | ||||||
| 21 | credit card, or wire transfer, at the option of the party | ||||||
| 22 | taking possession of the vehicle. | ||||||
| 23 | (4) Any personal property belonging to the vehicle owner | ||||||
| 24 | in a vehicle subject to a lien under this subsection (g) shall | ||||||
| 25 | likewise be subject to that lien, excepting only: child | ||||||
| 26 | restraint systems as defined in Section 4 of the Child | ||||||
| |||||||
| |||||||
| 1 | Passenger Protection Act and other child booster seats; | ||||||
| 2 | eyeglasses; food; medicine; personal medical and health care | ||||||
| 3 | devices, including hearing instruments; perishable property; | ||||||
| 4 | any operator's licenses; any cash, credit cards, or checks or | ||||||
| 5 | checkbooks; any wallet, purse, or other property containing | ||||||
| 6 | any operator's licenses, social security cards, or other | ||||||
| 7 | identifying documents or materials, cash, credit cards, | ||||||
| 8 | checks, checkbooks, or passbooks; higher education textbooks | ||||||
| 9 | and study materials; and any personal property belonging to a | ||||||
| 10 | person other than the vehicle owner if that person provides | ||||||
| 11 | adequate proof that the personal property belongs to that | ||||||
| 12 | person. The spouse, child, mother, father, brother, or sister | ||||||
| 13 | of the vehicle owner may claim personal property excepted | ||||||
| 14 | under this paragraph (4) if the person claiming the personal | ||||||
| 15 | property provides the commercial vehicle relocator or towing | ||||||
| 16 | service with the authorization of the vehicle owner. | ||||||
| 17 | (5) This paragraph (5) applies only in the case of a | ||||||
| 18 | vehicle that is towed as a result of being involved in a crash. | ||||||
| 19 | In addition to the personal property excepted under paragraph | ||||||
| 20 | (4), all other personal property in a vehicle subject to a lien | ||||||
| 21 | under this subsection (g) is exempt from that lien and may be | ||||||
| 22 | claimed by the vehicle owner if the vehicle owner provides the | ||||||
| 23 | commercial vehicle relocator or towing service with proof that | ||||||
| 24 | the vehicle owner has an insurance policy covering towing and | ||||||
| 25 | storage fees. The spouse, child, mother, father, brother, or | ||||||
| 26 | sister of the vehicle owner may claim personal property in a | ||||||
| |||||||
| |||||||
| 1 | vehicle subject to a lien under this subsection (g) if the | ||||||
| 2 | person claiming the personal property provides the commercial | ||||||
| 3 | vehicle relocator or towing service with the authorization of | ||||||
| 4 | the vehicle owner and proof that the vehicle owner has an | ||||||
| 5 | insurance policy covering towing and storage fees. The | ||||||
| 6 | regulation of liens on personal property and exceptions to | ||||||
| 7 | those liens in the case of vehicles towed as a result of being | ||||||
| 8 | involved in a crash are exclusive powers and functions of the | ||||||
| 9 | State. A home rule unit may not regulate liens on personal | ||||||
| 10 | property and exceptions to those liens in the case of vehicles | ||||||
| 11 | towed as a result of being involved in a crash. This paragraph | ||||||
| 12 | (5) is a denial and limitation of home rule powers and | ||||||
| 13 | functions under subsection (h) of Section 6 of Article VII of | ||||||
| 14 | the Illinois Constitution. | ||||||
| 15 | (6) No lien under this subsection (g) shall: exceed $2,000 | ||||||
| 16 | in its total amount; or be increased or altered to reflect any | ||||||
| 17 | charge for services or materials rendered in addition to those | ||||||
| 18 | authorized by this Code. | ||||||
| 19 | (h) Whenever a peace officer issues a citation to a driver | ||||||
| 20 | for a violation of subsection (a), (a-5), or (b-5) of Section | ||||||
| 21 | 11-506 of this Code or for a violation of paragraph (1) of | ||||||
| 22 | subsection (a) of Section 11-503 of this Code, the arresting | ||||||
| 23 | officer may have the vehicle which the person was operating at | ||||||
| 24 | the time of the arrest impounded for a period of 5 days after | ||||||
| 25 | the time of arrest. An impounding agency shall release a motor | ||||||
| 26 | vehicle impounded under this subsection (h) to the registered | ||||||
| |||||||
| |||||||
| 1 | owner of the vehicle under any of the following circumstances: | ||||||
| 2 | (1) if the vehicle is a stolen vehicle; or | ||||||
| 3 | (2) if the person ticketed for a violation of | ||||||
| 4 | subsection (a), (a-5), or (b-5) of Section 11-506 or | ||||||
| 5 | paragraph (1) of subsection (a) of Section 11-503 of this | ||||||
| 6 | Code was not authorized by the registered owner of the | ||||||
| 7 | vehicle to operate the vehicle at the time of the | ||||||
| 8 | violation; or | ||||||
| 9 | (3) if the registered owner of the vehicle was neither | ||||||
| 10 | the driver nor a passenger in the vehicle at the time of | ||||||
| 11 | the violation or was unaware that the driver was using the | ||||||
| 12 | vehicle to engage in street racing, street sideshow, or | ||||||
| 13 | reckless driving; or | ||||||
| 14 | (4) if the legal owner or registered owner of the | ||||||
| 15 | vehicle is a rental car agency; or | ||||||
| 16 | (5) if, prior to the expiration of the impoundment | ||||||
| 17 | period specified above, the citation is dismissed or the | ||||||
| 18 | defendant is found not guilty of the offense. | ||||||
| 19 | (i) Except for vehicles exempted under subsection (b) of | ||||||
| 20 | Section 7-601 of this Code, whenever a law enforcement officer | ||||||
| 21 | issues a citation to a driver for a violation of Section 3-707 | ||||||
| 22 | of this Code, and the driver has a prior conviction for a | ||||||
| 23 | violation of Section 3-707 of this Code in the past 12 months, | ||||||
| 24 | the arresting officer shall authorize the removal and | ||||||
| 25 | impoundment of the vehicle by a towing service. | ||||||
| 26 | (j) Notwithstanding any other provision of law, if a | ||||||
| |||||||
| |||||||
| 1 | person has indicated in a timely filed report to the | ||||||
| 2 | appropriate law enforcement agency that a vehicle towed | ||||||
| 3 | pursuant to this Section has been stolen or hijacked then: | ||||||
| 4 | (1) the person shall not be liable for any | ||||||
| 5 | governmentally imposed fees, fines, or penalties; and | ||||||
| 6 | (2) if a vehicle towed pursuant to this Section is | ||||||
| 7 | registered in Illinois and the name and address of the | ||||||
| 8 | registered owner of the vehicle is provided or made | ||||||
| 9 | available to the towing service at the time of the tow, | ||||||
| 10 | then the towing service must provide written notice of the | ||||||
| 11 | tow to the registered owner within 2 business days after | ||||||
| 12 | the vehicle is towed by certified mail, return receipt | ||||||
| 13 | requested. No storage charges shall accrue if the vehicle | ||||||
| 14 | is reclaimed by paying recovery and towing charges at the | ||||||
| 15 | posted rates of the towing service as provided by | ||||||
| 16 | paragraph 6 of subsection (f) within 7 days after such | ||||||
| 17 | notice is mailed. If the vehicle is registered in a state | ||||||
| 18 | other than Illinois, then no storage charges shall accrue | ||||||
| 19 | if the vehicle is reclaimed by paying recovery and towing | ||||||
| 20 | charges at the posted rates of the towing service as | ||||||
| 21 | provided by paragraph 6 of subsection (f) within 7 days | ||||||
| 22 | after a request for registered owner information is mailed | ||||||
| 23 | by the towing service, certified mail, return receipt | ||||||
| 24 | requested, to the applicable administrative agency or | ||||||
| 25 | office in that state. | ||||||
| 26 | The towing service shall enjoy a lien to secure payment of | ||||||
| |||||||
| |||||||
| 1 | charges accrued in compliance with this subsection. | ||||||
| 2 | (Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; | ||||||
| 3 | 103-706, eff. 1-1-25; 103-756, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 4 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102) | ||||||
| 5 | Sec. 5-102. Used vehicle dealers must be licensed. | ||||||
| 6 | (a) No person, other than a licensed new vehicle dealer, | ||||||
| 7 | shall engage in the business of selling or dealing in, on | ||||||
| 8 | consignment or otherwise, 5 or more used vehicles of any make | ||||||
| 9 | during the year (except house trailers as authorized by | ||||||
| 10 | paragraph (j) of this Section and rebuilt salvage vehicles | ||||||
| 11 | sold by their rebuilders to persons licensed under this | ||||||
| 12 | Chapter), or act as an intermediary, agent, or broker for any | ||||||
| 13 | licensed dealer or vehicle purchaser (other than as a | ||||||
| 14 | salesperson) or represent or advertise that he is so engaged | ||||||
| 15 | or intends to so engage in such business unless licensed to do | ||||||
| 16 | so by the Secretary of State under the provisions of this | ||||||
| 17 | Section. | ||||||
| 18 | (b) An application for a used vehicle dealer's license | ||||||
| 19 | shall be filed with the Secretary of State, duly verified by | ||||||
| 20 | oath, in such form as the Secretary of State may by rule or | ||||||
| 21 | regulation prescribe and shall contain: | ||||||
| 22 | 1. The name and type of business organization | ||||||
| 23 | established and additional places of business, if any, in | ||||||
| 24 | this State. | ||||||
| 25 | 2. If the applicant is a corporation, a list of its | ||||||
| |||||||
| |||||||
| 1 | officers, directors, and shareholders having a 10% ten | ||||||
| 2 | percent or greater ownership interest in the corporation, | ||||||
| 3 | setting forth the residence address of each; if the | ||||||
| 4 | applicant is a sole proprietorship, a partnership, an | ||||||
| 5 | unincorporated association, a trust, or any similar form | ||||||
| 6 | of business organization, the names and residence address | ||||||
| 7 | of the proprietor or of each partner, member, officer, | ||||||
| 8 | director, trustee, or manager. | ||||||
| 9 | 3. A statement that the applicant has been approved | ||||||
| 10 | for registration under the Retailers' Occupation Tax Act | ||||||
| 11 | by the Department of Revenue. However, this requirement | ||||||
| 12 | does not apply to a dealer who is already licensed | ||||||
| 13 | hereunder with the Secretary of State, and who is merely | ||||||
| 14 | applying for a renewal of his license. As evidence of this | ||||||
| 15 | fact, the application shall be accompanied by a | ||||||
| 16 | certification from the Department of Revenue showing that | ||||||
| 17 | the Department has approved the applicant for registration | ||||||
| 18 | under the Retailers' Occupation Tax Act. | ||||||
| 19 | 4. A statement that the applicant has complied with | ||||||
| 20 | the appropriate liability insurance requirement. A | ||||||
| 21 | Certificate of Insurance in a solvent company authorized | ||||||
| 22 | to do business in the State of Illinois shall be included | ||||||
| 23 | with each application covering each location at which he | ||||||
| 24 | proposes to act as a used vehicle dealer. The policy must | ||||||
| 25 | provide liability coverage in the minimum amounts of | ||||||
| 26 | $100,000 for bodily injury to, or death of, any person, | ||||||
| |||||||
| |||||||
| 1 | $300,000 for bodily injury to, or death of, 2 two or more | ||||||
| 2 | persons in any one crash, and $50,000 for damage to | ||||||
| 3 | property. Such policy shall expire not sooner than | ||||||
| 4 | December 31 of the year for which the license was issued or | ||||||
| 5 | renewed. The expiration of the insurance policy shall not | ||||||
| 6 | terminate the liability under the policy arising during | ||||||
| 7 | the period for which the policy was filed. Trailer and | ||||||
| 8 | mobile home dealers are exempt from this requirement. | ||||||
| 9 | If the permitted user has a liability insurance policy | ||||||
| 10 | that provides automobile liability insurance coverage of | ||||||
| 11 | at least $100,000 for bodily injury to or the death of any | ||||||
| 12 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
| 13 | or more persons in any one crash, and $50,000 for damage to | ||||||
| 14 | property, then the permitted user's insurer shall be the | ||||||
| 15 | primary insurer and the dealer's insurer shall be the | ||||||
| 16 | secondary insurer. If the permitted user does not have a | ||||||
| 17 | liability insurance policy that provides automobile | ||||||
| 18 | liability insurance coverage of at least $100,000 for | ||||||
| 19 | bodily injury to or the death of any person, $300,000 for | ||||||
| 20 | bodily injury to or the death of any 2 or more persons in | ||||||
| 21 | any one crash, and $50,000 for damage to property, or does | ||||||
| 22 | not have any insurance at all, then the dealer's insurer | ||||||
| 23 | shall be the primary insurer and the permitted user's | ||||||
| 24 | insurer shall be the secondary insurer. | ||||||
| 25 | When a permitted user is "test driving" a used vehicle | ||||||
| 26 | dealer's automobile, the used vehicle dealer's insurance | ||||||
| |||||||
| |||||||
| 1 | shall be primary and the permitted user's insurance shall | ||||||
| 2 | be secondary. | ||||||
| 3 | As used in this paragraph 4, a "permitted user" is a | ||||||
| 4 | person who, with the permission of the used vehicle dealer | ||||||
| 5 | or an employee of the used vehicle dealer, drives a | ||||||
| 6 | vehicle owned and held for sale or lease by the used | ||||||
| 7 | vehicle dealer which the person is considering to purchase | ||||||
| 8 | or lease, in order to evaluate the performance, | ||||||
| 9 | reliability, or condition of the vehicle. The term | ||||||
| 10 | "permitted user" also includes a person who, with the | ||||||
| 11 | permission of the used vehicle dealer, drives a vehicle | ||||||
| 12 | owned or held for sale or lease by the used vehicle dealer | ||||||
| 13 | for loaner purposes while the user's vehicle is being | ||||||
| 14 | repaired or evaluated. | ||||||
| 15 | As used in this paragraph 4, "test driving" occurs | ||||||
| 16 | when a permitted user who, with the permission of the used | ||||||
| 17 | vehicle dealer or an employee of the used vehicle dealer, | ||||||
| 18 | drives a vehicle owned and held for sale or lease by a used | ||||||
| 19 | vehicle dealer that the person is considering to purchase | ||||||
| 20 | or lease, in order to evaluate the performance, | ||||||
| 21 | reliability, or condition of the vehicle. | ||||||
| 22 | As used in this paragraph 4, "loaner purposes" means | ||||||
| 23 | when a person who, with the permission of the used vehicle | ||||||
| 24 | dealer, drives a vehicle owned or held for sale or lease by | ||||||
| 25 | the used vehicle dealer while the user's vehicle is being | ||||||
| 26 | repaired or evaluated. | ||||||
| |||||||
| |||||||
| 1 | 5. An application for a used vehicle dealer's license | ||||||
| 2 | shall be accompanied by the following license fees: | ||||||
| 3 | (A) $1,000 for applicant's established place of | ||||||
| 4 | business, and $50 for each additional place of | ||||||
| 5 | business, if any, to which the application pertains; | ||||||
| 6 | however, if the application is made after June 15 of | ||||||
| 7 | any year, the license fee shall be $500 for | ||||||
| 8 | applicant's established place of business plus $25 for | ||||||
| 9 | each additional place of business, if any, to which | ||||||
| 10 | the application pertains. License fees shall be | ||||||
| 11 | returnable only in the event that the application is | ||||||
| 12 | denied by the Secretary of State. Of the money | ||||||
| 13 | received by the Secretary of State as license fees | ||||||
| 14 | under this subparagraph (A) for the 2004 licensing | ||||||
| 15 | year and thereafter, 95% shall be deposited into the | ||||||
| 16 | General Revenue Fund. | ||||||
| 17 | (B) Except for dealers selling 25 or fewer | ||||||
| 18 | automobiles or as provided in subsection (h) of | ||||||
| 19 | Section 5-102.7 of this Code, an Annual Dealer | ||||||
| 20 | Recovery Fund Fee in the amount of $500 for the | ||||||
| 21 | applicant's established place of business, and $50 for | ||||||
| 22 | each additional place of business, if any, to which | ||||||
| 23 | the application pertains; but if the application is | ||||||
| 24 | made after June 15 of any year, the fee shall be $250 | ||||||
| 25 | for the applicant's established place of business plus | ||||||
| 26 | $25 for each additional place of business, if any, to | ||||||
| |||||||
| |||||||
| 1 | which the application pertains. For a license renewal | ||||||
| 2 | application, the fee shall be based on the amount of | ||||||
| 3 | automobiles sold in the past year according to the | ||||||
| 4 | following formula: | ||||||
| 5 | (1) $0 for dealers selling 25 or fewer less | ||||||
| 6 | automobiles; | ||||||
| 7 | (2) $150 for dealers selling more than 25 but | ||||||
| 8 | fewer less than 200 automobiles; | ||||||
| 9 | (3) $300 for dealers selling 200 or more | ||||||
| 10 | automobiles but fewer less than 300 automobiles; | ||||||
| 11 | and | ||||||
| 12 | (4) $500 for dealers selling 300 or more | ||||||
| 13 | automobiles. | ||||||
| 14 | License fees shall be returnable only in the event | ||||||
| 15 | that the application is denied by the Secretary of | ||||||
| 16 | State. Moneys received under this subparagraph (B) | ||||||
| 17 | shall be deposited into the Dealer Recovery Trust | ||||||
| 18 | Fund. | ||||||
| 19 | 6. A statement that the applicant's officers, | ||||||
| 20 | directors, shareholders having a 10% or greater ownership | ||||||
| 21 | interest therein, proprietor, partner, member, officer, | ||||||
| 22 | director, trustee, manager, or other principals in the | ||||||
| 23 | business have not committed in the past 3 years any one | ||||||
| 24 | violation as determined in any civil, criminal, or | ||||||
| 25 | administrative proceedings of any one of the following | ||||||
| 26 | Acts: | ||||||
| |||||||
| |||||||
| 1 | (A) Article I of Chapter 4 of this Code The | ||||||
| 2 | Anti-Theft Laws of the Illinois Vehicle Code; | ||||||
| 3 | (B) Article I of Chapter 3 of this Code The | ||||||
| 4 | Certificate of Title Laws of the Illinois Vehicle | ||||||
| 5 | Code; | ||||||
| 6 | (C) Article VII of Chapter 3 of this Code The | ||||||
| 7 | Offenses against Registration and Certificates of | ||||||
| 8 | Title Laws of the Illinois Vehicle Code; | ||||||
| 9 | (D) Chapter 5 of this Code The Dealers, | ||||||
| 10 | Transporters, Wreckers and Rebuilders Laws of the | ||||||
| 11 | Illinois Vehicle Code; | ||||||
| 12 | (E) Section 21-2 of the Criminal Code of 1961 or | ||||||
| 13 | the Criminal Code of 2012, Criminal Trespass to | ||||||
| 14 | Vehicles; or | ||||||
| 15 | (F) The Retailers' Occupation Tax Act. | ||||||
| 16 | 7. A statement that the applicant's officers, | ||||||
| 17 | directors, shareholders having a 10% or greater ownership | ||||||
| 18 | interest therein, proprietor, partner, member, officer, | ||||||
| 19 | director, trustee, manager, or other principals in the | ||||||
| 20 | business have not committed in any calendar year 3 or more | ||||||
| 21 | violations, as determined in any civil, criminal, or | ||||||
| 22 | administrative proceedings, of any one or more of the | ||||||
| 23 | following Acts: | ||||||
| 24 | (A) The Consumer Finance Act; | ||||||
| 25 | (B) The Consumer Installment Loan Act; | ||||||
| 26 | (C) The Retail Installment Sales Act; | ||||||
| |||||||
| |||||||
| 1 | (D) The Motor Vehicle Retail Installment Sales | ||||||
| 2 | Act; | ||||||
| 3 | (E) The Interest Act; | ||||||
| 4 | (F) The Illinois Wage Assignment Act; | ||||||
| 5 | (G) Part 8 of Article XII of the Code of Civil | ||||||
| 6 | Procedure; or | ||||||
| 7 | (H) The Consumer Fraud and Deceptive Business | ||||||
| 8 | Practices Act. | ||||||
| 9 | 7.5. A statement that, within 10 years of application, | ||||||
| 10 | each officer, director, shareholder having a 10% or | ||||||
| 11 | greater ownership interest therein, proprietor, partner, | ||||||
| 12 | member, officer, director, trustee, manager, or other | ||||||
| 13 | principal in the business of the applicant has not | ||||||
| 14 | committed, as determined in any civil, criminal, or | ||||||
| 15 | administrative proceeding, in any calendar year one or | ||||||
| 16 | more forcible felonies under the Criminal Code of 1961 or | ||||||
| 17 | the Criminal Code of 2012, or a violation of either or both | ||||||
| 18 | Article 16 or 17 of the Criminal Code of 1961 or a | ||||||
| 19 | violation of either or both Article 16 or 17 of the | ||||||
| 20 | Criminal Code of 2012, Article 29B of the Criminal Code of | ||||||
| 21 | 1961 or the Criminal Code of 2012, or a similar | ||||||
| 22 | out-of-state offense. For the purposes of this paragraph, | ||||||
| 23 | "forcible felony" has the meaning provided in Section 2-8 | ||||||
| 24 | of the Criminal Code of 2012. | ||||||
| 25 | 8. A bond or Certificate of Deposit in the amount of | ||||||
| 26 | $50,000 for each location at which the applicant intends | ||||||
| |||||||
| |||||||
| 1 | to act as a used vehicle dealer. The bond shall be for the | ||||||
| 2 | term of the license, or its renewal, for which application | ||||||
| 3 | is made, and shall expire not sooner than December 31 of | ||||||
| 4 | the year for which the license was issued or renewed. The | ||||||
| 5 | bond shall run to the People of the State of Illinois, with | ||||||
| 6 | surety by a bonding or insurance company authorized to do | ||||||
| 7 | business in this State. It shall be conditioned upon the | ||||||
| 8 | proper transmittal of all title and registration fees and | ||||||
| 9 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
| 10 | Act) accepted by the applicant as a used vehicle dealer. | ||||||
| 11 | 9. Such other information concerning the business of | ||||||
| 12 | the applicant as the Secretary of State may by rule or | ||||||
| 13 | regulation prescribe. | ||||||
| 14 | 10. A statement that the applicant understands Chapter | ||||||
| 15 | 1 through Chapter 5 of this Code. | ||||||
| 16 | 11. A copy of the certification from the prelicensing | ||||||
| 17 | education program. | ||||||
| 18 | 12. The full name, address, and contact information of | ||||||
| 19 | each of the dealer's agents or legal representatives who | ||||||
| 20 | is an Illinois resident and liable for the performance of | ||||||
| 21 | the dealership. | ||||||
| 22 | (c) Any change which renders no longer accurate any | ||||||
| 23 | information contained in any application for a used vehicle | ||||||
| 24 | dealer's license shall be amended within 30 days after the | ||||||
| 25 | occurrence of each change on such form as the Secretary of | ||||||
| 26 | State may prescribe by rule or regulation, accompanied by an | ||||||
| |||||||
| |||||||
| 1 | amendatory fee of $2. | ||||||
| 2 | (d) Anything in this Chapter to the contrary | ||||||
| 3 | notwithstanding, no person shall be licensed as a used vehicle | ||||||
| 4 | dealer unless such person maintains an established place of | ||||||
| 5 | business as defined in this Chapter. | ||||||
| 6 | (e) The Secretary of State shall, within a reasonable time | ||||||
| 7 | after receipt, examine an application submitted to him under | ||||||
| 8 | this Section. Unless the Secretary makes a determination that | ||||||
| 9 | the application submitted to him does not conform to this | ||||||
| 10 | Section or that grounds exist for a denial of the application | ||||||
| 11 | under Section 5-501 of this Chapter, he must grant the | ||||||
| 12 | applicant an original used vehicle dealer's license in writing | ||||||
| 13 | for his established place of business and a supplemental | ||||||
| 14 | license in writing for each additional place of business in | ||||||
| 15 | such form as he may prescribe by rule or regulation which shall | ||||||
| 16 | include the following: | ||||||
| 17 | 1. The name of the person licensed; | ||||||
| 18 | 2. If a corporation, the name and address of its | ||||||
| 19 | officers or if a sole proprietorship, a partnership, an | ||||||
| 20 | unincorporated association or any similar form of business | ||||||
| 21 | organization, the name and address of the proprietor or of | ||||||
| 22 | each partner, member, officer, director, trustee, or | ||||||
| 23 | manager; | ||||||
| 24 | 3. In case of an original license, the established | ||||||
| 25 | place of business of the licensee; | ||||||
| 26 | 4. In the case of a supplemental license, the | ||||||
| |||||||
| |||||||
| 1 | established place of business of the licensee and the | ||||||
| 2 | additional place of business to which such supplemental | ||||||
| 3 | license pertains; | ||||||
| 4 | 5. The full name, address, and contact information of | ||||||
| 5 | each of the dealer's agents or legal representatives who | ||||||
| 6 | is an Illinois resident and liable for the performance of | ||||||
| 7 | the dealership. | ||||||
| 8 | (f) The appropriate instrument evidencing the license or a | ||||||
| 9 | certified copy thereof, provided by the Secretary of State | ||||||
| 10 | shall be kept posted, conspicuously, in the established place | ||||||
| 11 | of business of the licensee and in each additional place of | ||||||
| 12 | business, if any, maintained by such licensee. | ||||||
| 13 | (g) Except as provided in subsection (h) of this Section, | ||||||
| 14 | all used vehicle dealer's licenses granted under this Section | ||||||
| 15 | expire by operation of law on December 31 of the calendar year | ||||||
| 16 | for which they are granted unless sooner revoked or cancelled | ||||||
| 17 | under Section 5-501 of this Chapter. | ||||||
| 18 | (h) A used vehicle dealer's license may be renewed upon | ||||||
| 19 | application and payment of the fee required herein, and | ||||||
| 20 | submission of proof of coverage by an approved bond under the | ||||||
| 21 | Retailers' Occupation Tax Act or proof that applicant is not | ||||||
| 22 | subject to such bonding requirements, as in the case of an | ||||||
| 23 | original license, but in case an application for the renewal | ||||||
| 24 | of an effective license is made during the month of December, | ||||||
| 25 | the effective license shall remain in force until the | ||||||
| 26 | application for renewal is granted or denied by the Secretary | ||||||
| |||||||
| |||||||
| 1 | of State. | ||||||
| 2 | (i) All persons licensed as a used vehicle dealer are | ||||||
| 3 | required to furnish each purchaser of a motor vehicle: | ||||||
| 4 | 1. A certificate of title properly assigned to the | ||||||
| 5 | purchaser; | ||||||
| 6 | 2. A statement verified under oath that all | ||||||
| 7 | identifying numbers on the vehicle agree with those on the | ||||||
| 8 | certificate of title; | ||||||
| 9 | 3. A bill of sale properly executed on behalf of such | ||||||
| 10 | person; | ||||||
| 11 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
| 12 | return referred to in Section 5-402 of this Chapter; | ||||||
| 13 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
| 14 | Disclosure of Rebuilt Vehicle Status; and | ||||||
| 15 | 6. In the case of a vehicle for which the warranty has | ||||||
| 16 | been reinstated, a copy of the warranty. | ||||||
| 17 | (j) A real estate broker holding a valid certificate of | ||||||
| 18 | registration issued pursuant to "The Real Estate Brokers and | ||||||
| 19 | Salesmen License Act" may engage in the business of selling or | ||||||
| 20 | dealing in house trailers not his own without being licensed | ||||||
| 21 | as a used vehicle dealer under this Section; however such | ||||||
| 22 | broker shall maintain a record of the transaction including | ||||||
| 23 | the following: | ||||||
| 24 | (1) the name and address of the buyer and seller, | ||||||
| 25 | (2) the date of sale, | ||||||
| 26 | (3) a description of the mobile home, including the | ||||||
| |||||||
| |||||||
| 1 | vehicle identification number, make, model, and year, and | ||||||
| 2 | (4) the Illinois certificate of title number. | ||||||
| 3 | The foregoing records shall be available for inspection by | ||||||
| 4 | any officer of the Secretary of State's Office at any | ||||||
| 5 | reasonable hour. | ||||||
| 6 | (k) Except at the time of sale or repossession of the | ||||||
| 7 | vehicle, no person licensed as a used vehicle dealer may issue | ||||||
| 8 | any other person a newly created key to a vehicle unless the | ||||||
| 9 | used vehicle dealer makes a color photocopy or electronic scan | ||||||
| 10 | of the driver's license or State identification card of the | ||||||
| 11 | person requesting or obtaining the newly created key. The used | ||||||
| 12 | vehicle dealer must retain the photocopy or scan for 30 days. | ||||||
| 13 | A used vehicle dealer who violates this subsection (k) is | ||||||
| 14 | guilty of a petty offense. Violation of this subsection (k) is | ||||||
| 15 | not cause to suspend, revoke, cancel, or deny renewal of the | ||||||
| 16 | used vehicle dealer's license. | ||||||
| 17 | (l) Used vehicle dealers licensed under this Section shall | ||||||
| 18 | provide the Secretary of State a register for the sale at | ||||||
| 19 | auction of each salvage or junk certificate vehicle. Each | ||||||
| 20 | register shall include the following information: | ||||||
| 21 | 1. The year, make, model, style, and color of the | ||||||
| 22 | vehicle; | ||||||
| 23 | 2. The vehicle's manufacturer's identification number | ||||||
| 24 | or, if applicable, the Secretary of State or Illinois | ||||||
| 25 | State Police identification number; | ||||||
| 26 | 3. The date of acquisition of the vehicle; | ||||||
| |||||||
| |||||||
| 1 | 4. The name and address of the person from whom the | ||||||
| 2 | vehicle was acquired; | ||||||
| 3 | 5. The name and address of the person to whom any | ||||||
| 4 | vehicle was disposed, the person's Illinois license | ||||||
| 5 | number, or, if the person is an out-of-state salvage | ||||||
| 6 | vehicle buyer, the license number from the state or | ||||||
| 7 | jurisdiction where the buyer is licensed; and | ||||||
| 8 | 6. The purchase price of the vehicle. | ||||||
| 9 | The register shall be submitted to the Secretary of State | ||||||
| 10 | via written or electronic means within 10 calendar days from | ||||||
| 11 | the date of the auction. | ||||||
| 12 | (m) If a licensee under this Section voluntarily | ||||||
| 13 | surrenders a license to the Illinois Secretary of State Police | ||||||
| 14 | or a representative of the Secretary of State Vehicle Services | ||||||
| 15 | Department due to the licensee's inability to adhere to | ||||||
| 16 | recordkeeping provisions, or the inability to properly issue | ||||||
| 17 | certificates of title or registrations under this Code, or the | ||||||
| 18 | Secretary revokes a license under this Section, then the | ||||||
| 19 | licensee and the licensee's agent, designee, or legal | ||||||
| 20 | representative, if applicable, may not be named on a new | ||||||
| 21 | application for a licensee under this Section or under this | ||||||
| 22 | Chapter, nor is the licensee or the licensee's agent, | ||||||
| 23 | designee, or legal representative permitted to work for | ||||||
| 24 | another licensee under this Chapter in a recordkeeping, | ||||||
| 25 | management, or financial position or as an employee who | ||||||
| 26 | handles certificate of title and registration documents and | ||||||
| |||||||
| |||||||
| 1 | applications. | ||||||
| 2 | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; | ||||||
| 3 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff. | ||||||
| 4 | 7-1-23; revised 10-23-24.)
| ||||||
| 5 | (625 ILCS 5/6-110) | ||||||
| 6 | Sec. 6-110. Licenses issued to drivers. | ||||||
| 7 | (a) The Secretary of State shall issue to every qualifying | ||||||
| 8 | applicant a driver's license as applied for, which license | ||||||
| 9 | shall bear a distinguishing number assigned to the licensee, | ||||||
| 10 | the legal name, signature, zip code, date of birth, residence | ||||||
| 11 | address, and a brief description of the licensee. | ||||||
| 12 | Licenses issued shall also indicate the classification and | ||||||
| 13 | the restrictions under Section 6-104 of this Code. The | ||||||
| 14 | Secretary may adopt rules to establish informational | ||||||
| 15 | restrictions that can be placed on the driver's license | ||||||
| 16 | regarding specific conditions of the licensee. | ||||||
| 17 | A driver's license issued may, in the discretion of the | ||||||
| 18 | Secretary, include a suitable photograph of a type prescribed | ||||||
| 19 | by the Secretary. | ||||||
| 20 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
| 21 | one of the exceptions in subsection (a-2) apply, the license | ||||||
| 22 | shall, as a matter of law, be invalid for the operation of any | ||||||
| 23 | motor vehicle during the following times: | ||||||
| 24 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
| 25 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
| |||||||
| |||||||
| 1 | Sunday; and | ||||||
| 2 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
| 3 | inclusive, and 6:00 a.m. on the following day. | ||||||
| 4 | (a-2) The driver's license of a person under the age of 18 | ||||||
| 5 | shall not be invalid as described in subsection (a-1) of this | ||||||
| 6 | Section if the licensee under the age of 18 was: | ||||||
| 7 | (1) accompanied by the licensee's parent or guardian | ||||||
| 8 | or other person in custody or control of the minor; | ||||||
| 9 | (2) on an errand at the direction of the minor's | ||||||
| 10 | parent or guardian, without any detour or stop; | ||||||
| 11 | (3) in a motor vehicle involved in interstate travel; | ||||||
| 12 | (4) going to or returning home from an employment | ||||||
| 13 | activity, without any detour or stop; | ||||||
| 14 | (5) involved in an emergency; | ||||||
| 15 | (6) going to or returning home from, without any | ||||||
| 16 | detour or stop, an official school, religious, or other | ||||||
| 17 | recreational activity supervised by adults and sponsored | ||||||
| 18 | by a government or governmental agency, a civic | ||||||
| 19 | organization, or another similar entity that takes | ||||||
| 20 | responsibility for the licensee, without any detour or | ||||||
| 21 | stop; | ||||||
| 22 | (7) exercising First Amendment rights protected by the | ||||||
| 23 | United States Constitution, such as the free exercise of | ||||||
| 24 | religion, freedom of speech, and the right of assembly; or | ||||||
| 25 | (8) married or had been married or is an emancipated | ||||||
| 26 | minor under the Emancipation of Minors Act. | ||||||
| |||||||
| |||||||
| 1 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
| 2 | age and has been licensed for at least 12 months is not invalid | ||||||
| 3 | as described in subsection (a-1) of this Section while the | ||||||
| 4 | licensee is participating as an assigned driver in a Safe | ||||||
| 5 | Rides program that meets the following criteria: | ||||||
| 6 | (1) the program is sponsored by the Boy Scouts of | ||||||
| 7 | America or another national public service organization; | ||||||
| 8 | and | ||||||
| 9 | (2) the sponsoring organization carries liability | ||||||
| 10 | insurance covering the program. | ||||||
| 11 | (a-3) If a graduated driver's license holder over the age | ||||||
| 12 | of 18 committed an offense against traffic regulations | ||||||
| 13 | governing the movement of vehicles or any violation of Section | ||||||
| 14 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
| 15 | the graduated driver's license holder's 18th birthday, and was | ||||||
| 16 | subsequently convicted of the offense, the provisions of | ||||||
| 17 | subsection (a-1) shall continue to apply until such time as a | ||||||
| 18 | period of 6 consecutive months has elapsed without an | ||||||
| 19 | additional violation and subsequent conviction of an offense | ||||||
| 20 | against traffic regulations governing the movement of vehicles | ||||||
| 21 | or Section 6-107 or Section 12-603.1 of this Code. | ||||||
| 22 | (a-4) If an applicant for a driver's license or | ||||||
| 23 | instruction permit has a current identification card issued by | ||||||
| 24 | the Secretary of State, the Secretary may require the | ||||||
| 25 | applicant to utilize the same residence address and name on | ||||||
| 26 | the identification card, driver's license, and instruction | ||||||
| |||||||
| |||||||
| 1 | permit records maintained by the Secretary. The Secretary may | ||||||
| 2 | promulgate rules to implement this provision. | ||||||
| 3 | (a-5) If an applicant for a driver's license is an | ||||||
| 4 | employee of the Department of Children and Family Services | ||||||
| 5 | with a job title of "Child Protection Specialist Trainee", | ||||||
| 6 | "Child Protection Specialist", "Child Protection Advanced | ||||||
| 7 | Specialist", "Child Welfare Specialist Trainee", "Child | ||||||
| 8 | Welfare Specialist", or "Child Welfare Advanced Specialist" or | ||||||
| 9 | a judicial officer or a peace officer, the applicant may elect | ||||||
| 10 | to have his or her office or work address listed on the license | ||||||
| 11 | instead of the applicant's residence or mailing address. The | ||||||
| 12 | Secretary of State shall adopt rules to implement this | ||||||
| 13 | subsection (a-5). For the purposes of this subsection (a-5), | ||||||
| 14 | "peace officer" means any person who by virtue of his or her | ||||||
| 15 | office or public employment is vested by law with a duty to | ||||||
| 16 | maintain public order or to make arrests for a violation of any | ||||||
| 17 | penal statute of this State, whether that duty extends to all | ||||||
| 18 | violations or is limited to specific violations. | ||||||
| 19 | (b) Until the Secretary of State establishes a First | ||||||
| 20 | Person Consent organ and tissue donor registry under Section | ||||||
| 21 | 6-117 of this Code, the Secretary of State shall provide a | ||||||
| 22 | format on the reverse of each driver's license issued which | ||||||
| 23 | the licensee may use to execute a document of gift conforming | ||||||
| 24 | to the provisions of the Illinois Anatomical Gift Act. The | ||||||
| 25 | format shall allow the licensee to indicate the gift intended, | ||||||
| 26 | whether specific organs, any organ, or the entire body, and | ||||||
| |||||||
| |||||||
| 1 | shall accommodate the signatures of the donor and 2 witnesses. | ||||||
| 2 | The Secretary shall also inform each applicant or licensee of | ||||||
| 3 | this format, describe the procedure for its execution, and may | ||||||
| 4 | offer the necessary witnesses; provided that in so doing, the | ||||||
| 5 | Secretary shall advise the applicant or licensee that he or | ||||||
| 6 | she is under no compulsion to execute a document of gift. A | ||||||
| 7 | brochure explaining this method of executing an anatomical | ||||||
| 8 | gift document shall be given to each applicant or licensee. | ||||||
| 9 | The brochure shall advise the applicant or licensee that he or | ||||||
| 10 | she is under no compulsion to execute a document of gift, and | ||||||
| 11 | that he or she may wish to consult with family, friends, or | ||||||
| 12 | clergy before doing so. The Secretary of State may undertake | ||||||
| 13 | additional efforts, including education and awareness | ||||||
| 14 | activities, to promote organ and tissue donation. | ||||||
| 15 | (c) The Secretary of State shall designate on each | ||||||
| 16 | driver's license issued a space where the licensee may place a | ||||||
| 17 | sticker or decal of the uniform size as the Secretary may | ||||||
| 18 | specify, which sticker or decal may indicate in appropriate | ||||||
| 19 | language that the owner of the license carries an Emergency | ||||||
| 20 | Medical Information Card. | ||||||
| 21 | The sticker may be provided by any person, hospital, | ||||||
| 22 | school, medical group, or association interested in assisting | ||||||
| 23 | in implementing the Emergency Medical Information Card, but | ||||||
| 24 | shall meet the specifications as the Secretary may by rule or | ||||||
| 25 | regulation require. | ||||||
| 26 | (d) The Secretary of State shall designate on each | ||||||
| |||||||
| |||||||
| 1 | driver's license issued a space where the licensee may | ||||||
| 2 | indicate his blood type and RH factor. | ||||||
| 3 | (e) The Secretary of State shall provide that each | ||||||
| 4 | original or renewal driver's license issued to a licensee | ||||||
| 5 | under 21 years of age shall be of a distinct nature from those | ||||||
| 6 | driver's licenses issued to individuals 21 years of age and | ||||||
| 7 | older. The color designated for driver's licenses for | ||||||
| 8 | licensees under 21 years of age shall be at the discretion of | ||||||
| 9 | the Secretary of State. | ||||||
| 10 | (e-1) The Secretary shall provide that each driver's | ||||||
| 11 | license issued to a person under the age of 21 displays the | ||||||
| 12 | date upon which the person becomes 18 years of age and the date | ||||||
| 13 | upon which the person becomes 21 years of age. | ||||||
| 14 | (e-3) The General Assembly recognizes the need to identify | ||||||
| 15 | military veterans living in this State for the purpose of | ||||||
| 16 | ensuring that they receive all of the services and benefits to | ||||||
| 17 | which they are legally entitled, including health care | ||||||
| 18 | healthcare, education assistance, and job placement. To assist | ||||||
| 19 | the State in identifying these veterans and delivering these | ||||||
| 20 | vital services and benefits, the Secretary of State is | ||||||
| 21 | authorized to issue drivers' licenses with the word "veteran" | ||||||
| 22 | appearing on the face of the licenses. This authorization is | ||||||
| 23 | predicated on the unique status of veterans. The Secretary may | ||||||
| 24 | not issue any other driver's license which identifies an | ||||||
| 25 | occupation, status, affiliation, hobby, or other unique | ||||||
| 26 | characteristics of the license holder which is unrelated to | ||||||
| |||||||
| |||||||
| 1 | the purpose of the driver's license. | ||||||
| 2 | (e-5) Beginning on or before July 1, 2015, the Secretary | ||||||
| 3 | of State shall designate a space on each original or renewal | ||||||
| 4 | driver's license where, at the request of the applicant, the | ||||||
| 5 | word "veteran" shall be placed. The veteran designation shall | ||||||
| 6 | be available to a person identified as a veteran under | ||||||
| 7 | subsection (e) of Section 6-106 of this Code who was | ||||||
| 8 | discharged or separated under honorable conditions. | ||||||
| 9 | (e-7) Upon providing the required documentation, at the | ||||||
| 10 | request of the applicant, the driver's license may reflect | ||||||
| 11 | Gold Star Family designation. The Secretary shall designate a | ||||||
| 12 | space on each original or renewal driver's license for such | ||||||
| 13 | designation. This designation shall be available to a person | ||||||
| 14 | eligible for Gold Star license plates under subsection (f) of | ||||||
| 15 | Section 6-106 of this Code. | ||||||
| 16 | (f) The Secretary of State shall inform all Illinois | ||||||
| 17 | licensed commercial motor vehicle operators of the | ||||||
| 18 | requirements of the Uniform Commercial Driver License Act, | ||||||
| 19 | Article V of this Chapter, and shall make provisions to insure | ||||||
| 20 | that all drivers, seeking to obtain a commercial driver's | ||||||
| 21 | license, be afforded an opportunity prior to April 1, 1992, to | ||||||
| 22 | obtain the license. The Secretary is authorized to extend | ||||||
| 23 | driver's license expiration dates, and assign specific times, | ||||||
| 24 | dates and locations where these commercial driver's tests | ||||||
| 25 | shall be conducted. Any applicant, regardless of the current | ||||||
| 26 | expiration date of the applicant's driver's license, may be | ||||||
| |||||||
| |||||||
| 1 | subject to any assignment by the Secretary. Failure to comply | ||||||
| 2 | with the Secretary's assignment may result in the applicant's | ||||||
| 3 | forfeiture of an opportunity to receive a commercial driver's | ||||||
| 4 | license prior to April 1, 1992. | ||||||
| 5 | (g) The Secretary of State shall designate on a driver's | ||||||
| 6 | license issued, a space where the licensee may indicate that | ||||||
| 7 | he or she has drafted a living will in accordance with the | ||||||
| 8 | Illinois Living Will Act or a durable power of attorney for | ||||||
| 9 | health care in accordance with the Illinois Power of Attorney | ||||||
| 10 | Act. | ||||||
| 11 | (g-1) The Secretary of State, in his or her discretion, | ||||||
| 12 | may designate on each driver's license issued a space where | ||||||
| 13 | the licensee may place a sticker or decal, issued by the | ||||||
| 14 | Secretary of State, of uniform size as the Secretary may | ||||||
| 15 | specify, that shall indicate in appropriate language that the | ||||||
| 16 | owner of the license has renewed his or her driver's license. | ||||||
| 17 | (h) A person who acts in good faith in accordance with the | ||||||
| 18 | terms of this Section is not liable for damages in any civil | ||||||
| 19 | action or subject to prosecution in any criminal proceeding | ||||||
| 20 | for his or her act. | ||||||
| 21 | (i) The Secretary shall designate a space on each original | ||||||
| 22 | or renewal of a driver's license, at the request of the | ||||||
| 23 | applicant, for a designation as a Gold Star Family. This | ||||||
| 24 | designation shall be available to a person eligible for Gold | ||||||
| 25 | Star license plates under subsection (f) of Section 6-106 of | ||||||
| 26 | this Code. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; | ||||||
| 2 | revised 11-26-24.)
| ||||||
| 3 | (625 ILCS 5/6-118) | ||||||
| 4 | Sec. 6-118. Fees. | ||||||
| 5 | (a) The fees for licenses and permits under this Article | ||||||
| 6 | are as follows: | ||||||
| 7 | Original 4-year driver's license......................$30 | ||||||
| 8 | Original 8-year driver's license issued under | ||||||
| 9 | subsection (a-3) of Section 6-115.................$60 | ||||||
| 10 | Original driver's license issued | ||||||
| 11 | to 18, 19, and 20 year olds....................... $5 | ||||||
| 12 | All driver's licenses for persons | ||||||
| 13 | age 69 through age 80............................. $5 | ||||||
| 14 | All driver's licenses for persons | ||||||
| 15 | age 81 through age 86............................. $2 | ||||||
| 16 | All driver's licenses for persons | ||||||
| 17 | age 87 or older....................................$0 | ||||||
| 18 | Renewal 4-year driver's license (except for | ||||||
| 19 | applicants, age 69 and older).....................$30 | ||||||
| 20 | Renewal 8-year driver's license issued under | ||||||
| 21 | subsection (a-3) of Section 6-115 (except | ||||||
| 22 | for applicants age 69 and older)..................$60 | ||||||
| 23 | Original instruction permit issued to | ||||||
| 24 | persons (except those age 69 and older) | ||||||
| 25 | who do not hold or have not previously | ||||||
| |||||||
| |||||||
| 1 | held an Illinois instruction permit or | ||||||
| 2 | driver's license................................. $20 | ||||||
| 3 | Instruction permit issued to any person | ||||||
| 4 | holding an Illinois driver's license | ||||||
| 5 | who wishes a change in classifications, | ||||||
| 6 | other than at the time of renewal................. $5 | ||||||
| 7 | Any instruction permit issued to a person | ||||||
| 8 | age 69 and older.................................. $5 | ||||||
| 9 | Instruction permit issued to any person, | ||||||
| 10 | under age 69, not currently holding a | ||||||
| 11 | valid Illinois driver's license or | ||||||
| 12 | instruction permit but who has | ||||||
| 13 | previously been issued either document | ||||||
| 14 | in Illinois...................................... $10 | ||||||
| 15 | Restricted driving permit............................. $8 | ||||||
| 16 | Monitoring device driving permit..................... $8 | ||||||
| 17 | Duplicate or corrected driver's license | ||||||
| 18 | or permit......................................... $5 | ||||||
| 19 | Duplicate or corrected restricted | ||||||
| 20 | driving permit.................................... $5 | ||||||
| 21 | Duplicate or corrected monitoring | ||||||
| 22 | device driving permit............................. $5 | ||||||
| 23 | Duplicate driver's license or permit issued to | ||||||
| 24 | an active-duty member of the | ||||||
| 25 | United States Armed Forces, | ||||||
| 26 | the member's spouse, or | ||||||
| |||||||
| |||||||
| 1 | the dependent children living | ||||||
| 2 | with the member.................................. $0 | ||||||
| 3 | Original or renewal M or L endorsement................ $5 | ||||||
| 4 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
| 5 | The fees for commercial driver licenses and permits | ||||||
| 6 | under Article V shall be as follows: | ||||||
| 7 | Commercial driver's license: | ||||||
| 8 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
| 9 | (Commercial Driver's License Information | ||||||
| 10 | System/American Association of Motor Vehicle | ||||||
| 11 | Administrators network/National Motor Vehicle | ||||||
| 12 | Title Information Service Trust Fund); | ||||||
| 13 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
| 14 | $10 for the driver's license; | ||||||
| 15 | and $24 for the CDL:............................. $60 | ||||||
| 16 | Renewal commercial driver's license: | ||||||
| 17 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
| 18 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
| 19 | $10 for the driver's license; and | ||||||
| 20 | $24 for the CDL:................................. $60 | ||||||
| 21 | Commercial learner's permit | ||||||
| 22 | issued to any person holding a valid | ||||||
| 23 | Illinois driver's license for the | ||||||
| 24 | purpose of changing to a | ||||||
| 25 | CDL classification: | ||||||
| 26 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
| |||||||
| |||||||
| 1 | $20 for the Motor Carrier Safety Inspection Fund; and | ||||||
| 2 | $24 for the CDL classification................... $50 | ||||||
| 3 | Commercial learner's permit | ||||||
| 4 | issued to any person holding a valid | ||||||
| 5 | Illinois CDL for the purpose of | ||||||
| 6 | making a change in a classification, | ||||||
| 7 | endorsement or restriction........................ $5 | ||||||
| 8 | CDL duplicate or corrected license.................... $5 | ||||||
| 9 | In order to ensure the proper implementation of the | ||||||
| 10 | Uniform Commercial Driver License Act, Article V of this | ||||||
| 11 | Chapter, the Secretary of State is empowered to prorate the | ||||||
| 12 | $24 fee for the commercial driver's license proportionate to | ||||||
| 13 | the expiration date of the applicant's Illinois driver's | ||||||
| 14 | license. | ||||||
| 15 | The fee for any duplicate license or permit shall be | ||||||
| 16 | waived for any person who presents the Secretary of State's | ||||||
| 17 | office with a police report showing that his license or permit | ||||||
| 18 | was stolen. | ||||||
| 19 | The fee for any duplicate license or permit shall be | ||||||
| 20 | waived for any person age 60 or older whose driver's license or | ||||||
| 21 | permit has been lost or stolen. | ||||||
| 22 | No additional fee shall be charged for a driver's license, | ||||||
| 23 | or for a commercial driver's license, when issued to the | ||||||
| 24 | holder of an instruction permit for the same classification or | ||||||
| 25 | type of license who becomes eligible for such license. | ||||||
| 26 | The fee for a restricted driving permit under this | ||||||
| |||||||
| |||||||
| 1 | subsection (a) shall be imposed annually until the expiration | ||||||
| 2 | of the permit. | ||||||
| 3 | (a-5) The fee for a driver's record or data contained | ||||||
| 4 | therein is $20 and shall be disbursed as set forth in | ||||||
| 5 | subsection (k) of Section 2-123 of this Code. | ||||||
| 6 | (b) Any person whose license or privilege to operate a | ||||||
| 7 | motor vehicle in this State has been suspended or revoked | ||||||
| 8 | under Section 3-707, any provision of Chapter 6, Chapter 11, | ||||||
| 9 | or Section 7-205, 7-303, or 7-702 of the Illinois Safety and | ||||||
| 10 | Family Financial Responsibility Law of this Code, shall in | ||||||
| 11 | addition to any other fees required by this Code, pay a | ||||||
| 12 | reinstatement fee as follows: | ||||||
| 13 | Suspension under Section 3-707..................... $100 | ||||||
| 14 | Suspension under Section 11-1431....................$100 | ||||||
| 15 | Summary suspension under Section 11-501.1...........$250 | ||||||
| 16 | Suspension under Section 11-501.9...................$250 | ||||||
| 17 | Summary revocation under Section 11-501.1............$500 | ||||||
| 18 | Other suspension......................................$70 | ||||||
| 19 | Revocation...........................................$500 | ||||||
| 20 | However, any person whose license or privilege to operate | ||||||
| 21 | a motor vehicle in this State has been suspended or revoked for | ||||||
| 22 | a second or subsequent time for a violation of Section 11-501, | ||||||
| 23 | 11-501.1, or 11-501.9 of this Code or a similar provision of a | ||||||
| 24 | local ordinance or a similar out-of-state offense or Section | ||||||
| 25 | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 26 | and each suspension or revocation was for a violation of | ||||||
| |||||||
| |||||||
| 1 | Section 11-501, 11-501.1, or 11-501.9 of this Code or a | ||||||
| 2 | similar provision of a local ordinance or a similar | ||||||
| 3 | out-of-state offense or Section 9-3 of the Criminal Code of | ||||||
| 4 | 1961 or the Criminal Code of 2012 shall pay, in addition to any | ||||||
| 5 | other fees required by this Code, a reinstatement fee as | ||||||
| 6 | follows: | ||||||
| 7 | Summary suspension under Section 11-501.1............$500 | ||||||
| 8 | Suspension under Section 11-501.9...................$500 | ||||||
| 9 | Summary revocation under Section 11-501.1............$500 | ||||||
| 10 | Revocation...........................................$500 | ||||||
| 11 | (c) All fees collected under the provisions of this | ||||||
| 12 | Chapter 6 shall be disbursed under subsection (g) of Section | ||||||
| 13 | 2-119 of this Code, except as follows: | ||||||
| 14 | 1. The following amounts shall be paid into the | ||||||
| 15 | Drivers Education Fund: | ||||||
| 16 | (A) $16 of the $20 fee for an original driver's | ||||||
| 17 | instruction permit; | ||||||
| 18 | (B) one-sixth of the fee for an original driver's | ||||||
| 19 | license; | ||||||
| 20 | (C) one-sixth of the fee for a renewal driver's | ||||||
| 21 | license; | ||||||
| 22 | (D) $4 of the $8 fee for a restricted driving | ||||||
| 23 | permit; and | ||||||
| 24 | (E) $4 of the $8 fee for a monitoring device | ||||||
| 25 | driving permit. | ||||||
| 26 | 2. $30 of the $250 fee for reinstatement of a license | ||||||
| |||||||
| |||||||
| 1 | summarily suspended under Section 11-501.1 or suspended | ||||||
| 2 | under Section 11-501.9 shall be deposited into the Drunk | ||||||
| 3 | and Drugged Driving Prevention Fund. However, for a person | ||||||
| 4 | whose license or privilege to operate a motor vehicle in | ||||||
| 5 | this State has been suspended or revoked for a second or | ||||||
| 6 | subsequent time for a violation of Section 11-501, | ||||||
| 7 | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the | ||||||
| 8 | Criminal Code of 1961 or the Criminal Code of 2012, $190 of | ||||||
| 9 | the $500 fee for reinstatement of a license summarily | ||||||
| 10 | suspended under Section 11-501.1 or suspended under | ||||||
| 11 | Section 11-501.9, and $190 of the $500 fee for | ||||||
| 12 | reinstatement of a revoked license shall be deposited into | ||||||
| 13 | the Drunk and Drugged Driving Prevention Fund. $190 of the | ||||||
| 14 | $500 fee for reinstatement of a license summarily revoked | ||||||
| 15 | pursuant to Section 11-501.1 shall be deposited into the | ||||||
| 16 | Drunk and Drugged Driving Prevention Fund. | ||||||
| 17 | 3. $6 of the original or renewal fee for a commercial | ||||||
| 18 | driver's license and $6 of the commercial learner's permit | ||||||
| 19 | fee when the permit is issued to any person holding a valid | ||||||
| 20 | Illinois driver's license, shall be paid into the | ||||||
| 21 | CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
| 22 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
| 23 | suspended under the Illinois Safety and Family Financial | ||||||
| 24 | Responsibility Law shall be paid into the Family | ||||||
| 25 | Responsibility Fund. | ||||||
| 26 | 5. The $5 fee for each original or renewal M or L | ||||||
| |||||||
| |||||||
| 1 | endorsement shall be deposited into the Cycle Rider Safety | ||||||
| 2 | Training Fund. | ||||||
| 3 | 6. $20 of any original or renewal fee for a commercial | ||||||
| 4 | driver's license or commercial learner's permit shall be | ||||||
| 5 | paid into the Motor Carrier Safety Inspection Fund. | ||||||
| 6 | 7. The following amounts shall be paid into the | ||||||
| 7 | General Revenue Fund: | ||||||
| 8 | (A) $190 of the $250 reinstatement fee for a | ||||||
| 9 | summary suspension under Section 11-501.1 or a | ||||||
| 10 | suspension under Section 11-501.9; | ||||||
| 11 | (B) $40 of the $70 reinstatement fee for any other | ||||||
| 12 | suspension provided in subsection (b) of this Section; | ||||||
| 13 | and | ||||||
| 14 | (C) $440 of the $500 reinstatement fee for a first | ||||||
| 15 | offense revocation and $310 of the $500 reinstatement | ||||||
| 16 | fee for a second or subsequent revocation. | ||||||
| 17 | 8. Fees collected under paragraph (4) of subsection | ||||||
| 18 | (d) and subsection (h) of Section 6-205 of this Code; | ||||||
| 19 | subparagraph (C) of paragraph 3 of subsection (c) of | ||||||
| 20 | Section 6-206 of this Code; and paragraph (4) of | ||||||
| 21 | subsection (a) of Section 6-206.1 of this Code, shall be | ||||||
| 22 | paid into the funds set forth in those Sections. | ||||||
| 23 | (d) All of the proceeds of the additional fees imposed by | ||||||
| 24 | Public Act 96-34 this amendatory Act of the 96th General | ||||||
| 25 | Assembly shall be deposited into the Capital Projects Fund. | ||||||
| 26 | (e) The additional fees imposed by Public Act 96-38 this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 96th General Assembly shall become | ||||||
| 2 | effective 90 days after becoming law. The additional fees | ||||||
| 3 | imposed by Public Act 103-8 this amendatory Act of the 103rd | ||||||
| 4 | General Assembly shall become effective July 1, 2023 and shall | ||||||
| 5 | be paid into the Secretary of State Special Services Fund. | ||||||
| 6 | (f) As used in this Section, "active-duty member of the | ||||||
| 7 | United States Armed Forces" means a member of the Armed | ||||||
| 8 | Services or Reserve Forces of the United States or a member of | ||||||
| 9 | the Illinois National Guard who is called to active duty | ||||||
| 10 | pursuant to an executive order of the President of the United | ||||||
| 11 | States, an act of the Congress of the United States, or an | ||||||
| 12 | order of the Governor. | ||||||
| 13 | (Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24; | ||||||
| 14 | 103-872, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 15 | (625 ILCS 5/6-209.1) | ||||||
| 16 | Sec. 6-209.1. Restoration of driving privileges; | ||||||
| 17 | revocation; suspension; cancellation. | ||||||
| 18 | (a) The Secretary shall rescind the suspension or | ||||||
| 19 | cancellation of a person's driver's license that has been | ||||||
| 20 | suspended or canceled before July 1, 2020 (the effective date | ||||||
| 21 | of Public Act 101-623) due to: | ||||||
| 22 | (1) the person being convicted of theft of motor fuel | ||||||
| 23 | under Section 16-25 or 16K-15 of the Criminal Code of 1961 | ||||||
| 24 | or the Criminal Code of 2012; | ||||||
| 25 | (2) the person, since the issuance of the driver's | ||||||
| |||||||
| |||||||
| 1 | license, being adjudged to be afflicted with or suffering | ||||||
| 2 | from any mental disability or disease; | ||||||
| 3 | (3) a violation of Section 6-16 of the Liquor Control | ||||||
| 4 | Act of 1934 or a similar provision of a local ordinance; | ||||||
| 5 | (4) the person being convicted of a violation of | ||||||
| 6 | Section 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
| 7 | provision of a local ordinance, if the person presents a | ||||||
| 8 | certified copy of a court order that includes a finding | ||||||
| 9 | that the person was not an occupant of a motor vehicle at | ||||||
| 10 | the time of the violation; | ||||||
| 11 | (5) the person receiving a disposition of court | ||||||
| 12 | supervision for a violation of subsection (a), (d), or (e) | ||||||
| 13 | of Section 6-20 of the Liquor Control Act of 1934 or a | ||||||
| 14 | similar provision of a local ordinance, if the person | ||||||
| 15 | presents a certified copy of a court order that includes a | ||||||
| 16 | finding that the person was not an occupant of a motor | ||||||
| 17 | vehicle at the time of the violation; | ||||||
| 18 | (6) the person failing to pay any fine or penalty due | ||||||
| 19 | or owing as a result of 10 or more violations of a | ||||||
| 20 | municipality's or county's vehicular standing, parking, or | ||||||
| 21 | compliance regulations established by ordinance under | ||||||
| 22 | Section 11-208.3 of this Code; | ||||||
| 23 | (7) the person failing to satisfy any fine or penalty | ||||||
| 24 | resulting from a final order issued by the Illinois State | ||||||
| 25 | Toll Highway Authority relating directly or indirectly to | ||||||
| 26 | 5 or more toll violations, toll evasions, or both; | ||||||
| |||||||
| |||||||
| 1 | (8) the person being convicted of a violation of | ||||||
| 2 | Section 4-102 of this Code, if the person presents a | ||||||
| 3 | certified copy of a court order that includes a finding | ||||||
| 4 | that the person did not exercise actual physical control | ||||||
| 5 | of the vehicle at the time of the violation; or | ||||||
| 6 | (9) the person being convicted of criminal trespass to | ||||||
| 7 | vehicles under Section 21-2 of the Criminal Code of 2012, | ||||||
| 8 | if the person presents a certified copy of a court order | ||||||
| 9 | that includes a finding that the person did not exercise | ||||||
| 10 | actual physical control of the vehicle at the time of the | ||||||
| 11 | violation. | ||||||
| 12 | (b) As soon as practicable and no later than July 1, 2021, | ||||||
| 13 | the Secretary shall rescind the suspension, cancellation, or | ||||||
| 14 | prohibition of renewal of a person's driver's license that has | ||||||
| 15 | been suspended, canceled, or whose renewal has been prohibited | ||||||
| 16 | before July 1, 2021 (the effective date of Public Act 101-652) | ||||||
| 17 | this amendatory Act of the 101st General Assembly due to the | ||||||
| 18 | person having failed to pay any fine or penalty for traffic | ||||||
| 19 | violations, automated traffic law enforcement system | ||||||
| 20 | violations as defined in Sections 11-208.6, and 11-208.8, | ||||||
| 21 | 11-208.9, and 11-1201.1, or abandoned vehicle fees. | ||||||
| 22 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21; | ||||||
| 23 | 102-558, eff. 8-20-21; revised 8-19-24.)
| ||||||
| 24 | (625 ILCS 5/11-907) | ||||||
| 25 | Sec. 11-907. Operation of vehicles and streetcars on | ||||||
| |||||||
| |||||||
| 1 | approach of authorized emergency vehicles. | ||||||
| 2 | (a) Upon the immediate approach of an authorized emergency | ||||||
| 3 | vehicle making use of audible and visual signals meeting the | ||||||
| 4 | requirements of this Code or a police vehicle properly and | ||||||
| 5 | lawfully making use of an audible or visual signal: | ||||||
| 6 | (1) the driver of every other vehicle shall yield the | ||||||
| 7 | right-of-way and shall immediately drive to a position | ||||||
| 8 | parallel to, and as close as possible to, the right-hand | ||||||
| 9 | edge or curb of the highway clear of any intersection and | ||||||
| 10 | shall, if necessary to permit the safe passage of the | ||||||
| 11 | emergency vehicle, stop and remain in such position until | ||||||
| 12 | the authorized emergency vehicle has passed, unless | ||||||
| 13 | otherwise directed by a police officer; and | ||||||
| 14 | (2) the operator of every streetcar shall immediately | ||||||
| 15 | stop such car clear of any intersection and keep it in such | ||||||
| 16 | position until the authorized emergency vehicle has | ||||||
| 17 | passed, unless otherwise directed by a police officer. | ||||||
| 18 | (b) This Section shall not operate to relieve the driver | ||||||
| 19 | of an authorized emergency vehicle from the duty to drive with | ||||||
| 20 | due regard for the safety of all persons using the highway. | ||||||
| 21 | (c) Upon approaching a stationary authorized emergency | ||||||
| 22 | vehicle or emergency scene, when the stationary authorized | ||||||
| 23 | emergency vehicle is giving a visual signal by displaying | ||||||
| 24 | oscillating, rotating, or flashing lights as authorized under | ||||||
| 25 | Section 12-215 of this Code, a person who drives an | ||||||
| 26 | approaching vehicle shall: | ||||||
| |||||||
| |||||||
| 1 | (1) proceeding with due caution, yield the | ||||||
| 2 | right-of-way by making a lane change into a lane not | ||||||
| 3 | adjacent to that of the authorized emergency vehicle, if | ||||||
| 4 | possible with due regard to safety and traffic conditions, | ||||||
| 5 | if on a highway having at least 4 lanes with not less than | ||||||
| 6 | 2 lanes proceeding in the same direction as the | ||||||
| 7 | approaching vehicle and reduce the speed of the vehicle to | ||||||
| 8 | a speed that is reasonable and proper with regard to | ||||||
| 9 | traffic conditions and the use of the highway to avoid a | ||||||
| 10 | collision and leaving a safe distance until safely past | ||||||
| 11 | the stationary emergency vehicle; or | ||||||
| 12 | (2) if changing lanes would be impossible or unsafe, | ||||||
| 13 | proceeding with due caution, reduce the speed of the | ||||||
| 14 | vehicle to a speed that is reasonable and proper with | ||||||
| 15 | regard to traffic conditions and the use of the highway to | ||||||
| 16 | avoid a collision, maintaining a safe speed for road | ||||||
| 17 | conditions and leaving a safe distance until safely past | ||||||
| 18 | the stationary emergency vehicles. | ||||||
| 19 | The visual signal specified under this subsection (c) | ||||||
| 20 | given by a stationary authorized emergency vehicle is an | ||||||
| 21 | indication to drivers of approaching vehicles that a hazardous | ||||||
| 22 | condition is present when circumstances are not immediately | ||||||
| 23 | clear. Drivers of vehicles approaching a stationary authorized | ||||||
| 24 | emergency vehicle in any lane shall heed the warning of the | ||||||
| 25 | signal, reduce the speed of the vehicle, proceed with due | ||||||
| 26 | caution, maintain a safe speed for road conditions, be | ||||||
| |||||||
| |||||||
| 1 | prepared to stop, and leave a safe distance until safely | ||||||
| 2 | passed the stationary emergency vehicle. | ||||||
| 3 | As used in this subsection (c), "authorized emergency | ||||||
| 4 | vehicle" includes any vehicle authorized by law to be equipped | ||||||
| 5 | with oscillating, rotating, or flashing lights under Section | ||||||
| 6 | 12-215 of this Code, while the owner or operator of the vehicle | ||||||
| 7 | is engaged in his or her official duties. As used in this | ||||||
| 8 | subsection (c), "emergency scene" means a location where a | ||||||
| 9 | stationary authorized emergency vehicle as defined by herein | ||||||
| 10 | is present and has activated its oscillating, rotating, or | ||||||
| 11 | flashing lights. | ||||||
| 12 | (d) A person who violates subsection (c) of this Section | ||||||
| 13 | commits a business offense punishable by a fine of not less | ||||||
| 14 | than $250 or more than $10,000 for a first violation, and a | ||||||
| 15 | fine of not less than $750 or more than $10,000 for a second or | ||||||
| 16 | subsequent violation. It is a factor in aggravation if the | ||||||
| 17 | person committed the offense while in violation of Section | ||||||
| 18 | 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the | ||||||
| 19 | penalties authorized by this subsection (d) for a violation of | ||||||
| 20 | subsection (c) of this Section that results in the death of | ||||||
| 21 | another person does not preclude imposition of appropriate | ||||||
| 22 | additional civil or criminal penalties. A person who violates | ||||||
| 23 | subsection (c) and the violation results in damage to another | ||||||
| 24 | vehicle commits a Class A misdemeanor. A person who violates | ||||||
| 25 | subsection (c) and the violation results in the injury or | ||||||
| 26 | death of another person commits a Class 4 felony. | ||||||
| |||||||
| |||||||
| 1 | (e) If a violation of subsection (c) of this Section | ||||||
| 2 | results in damage to the property of another person, in | ||||||
| 3 | addition to any other penalty imposed, the person's driving | ||||||
| 4 | privileges shall be suspended for a fixed period of not less | ||||||
| 5 | than 90 days and not more than one year. | ||||||
| 6 | (f) If a violation of subsection (c) of this Section | ||||||
| 7 | results in injury to another person, in addition to any other | ||||||
| 8 | penalty imposed, the person's driving privileges shall be | ||||||
| 9 | suspended for a fixed period of not less than 180 days and not | ||||||
| 10 | more than 2 years. | ||||||
| 11 | (g) If a violation of subsection (c) of this Section | ||||||
| 12 | results in the death of another person, in addition to any | ||||||
| 13 | other penalty imposed, the person's driving privileges shall | ||||||
| 14 | be suspended for 2 years. | ||||||
| 15 | (h) The Secretary of State shall, upon receiving a record | ||||||
| 16 | of a judgment entered against a person under subsection (c) of | ||||||
| 17 | this Section: | ||||||
| 18 | (1) suspend the person's driving privileges for the | ||||||
| 19 | mandatory period; or | ||||||
| 20 | (2) extend the period of an existing suspension by the | ||||||
| 21 | appropriate mandatory period. | ||||||
| 22 | (i) The Scott's Law Fund shall be a special fund in the | ||||||
| 23 | State treasury. Subject to appropriation by the General | ||||||
| 24 | Assembly and approval by the Director, the Director of the | ||||||
| 25 | State Police shall use all moneys in the Scott's Law Fund in | ||||||
| 26 | the Department's discretion to fund the production of | ||||||
| |||||||
| |||||||
| 1 | materials to educate drivers on approaching stationary | ||||||
| 2 | authorized emergency vehicles, to hire off-duty Illinois State | ||||||
| 3 | Police for enforcement of this Section, and for other law | ||||||
| 4 | enforcement purposes the Director deems necessary in these | ||||||
| 5 | efforts. | ||||||
| 6 | (j) For violations of this Section issued by a county or | ||||||
| 7 | municipal police officer, the assessment shall be deposited | ||||||
| 8 | into the county's or municipality's Transportation Safety | ||||||
| 9 | Highway Hire-back Fund. The county shall use the moneys in its | ||||||
| 10 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
| 11 | county police officers to monitor construction or maintenance | ||||||
| 12 | zones in that county on highways other than interstate | ||||||
| 13 | highways. The county, in its discretion, may also use a | ||||||
| 14 | portion of the moneys in its Transportation Safety Highway | ||||||
| 15 | Hire-back Fund to purchase equipment for county law | ||||||
| 16 | enforcement and fund the production of materials to educate | ||||||
| 17 | drivers on construction zone safe driving habits and | ||||||
| 18 | approaching stationary authorized emergency vehicles. | ||||||
| 19 | (k) In addition to other penalties imposed by this | ||||||
| 20 | Section, the court may order a person convicted of a violation | ||||||
| 21 | of subsection (c) to perform community service as determined | ||||||
| 22 | by the court. | ||||||
| 23 | (Source: P.A. 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; | ||||||
| 24 | 102-813, eff. 5-13-22; 103-667, eff. 1-1-25; 103-711, eff. | ||||||
| 25 | 1-1-25; revised 11-26-24.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101) | ||||||
| 2 | Sec. 13-101. Submission to safety test; certificate of | ||||||
| 3 | safety. To promote the safety of the general public, every | ||||||
| 4 | owner of a second division vehicle, medical transport vehicle, | ||||||
| 5 | tow truck, first division vehicle including a taxi which is | ||||||
| 6 | used for a purpose that requires a school bus driver permit, | ||||||
| 7 | motor vehicle used for driver education training, or contract | ||||||
| 8 | carrier transporting employees in the course of their | ||||||
| 9 | employment on a highway of this State in a vehicle designed to | ||||||
| 10 | carry 15 or fewer passengers shall, before operating the | ||||||
| 11 | vehicle upon the highways of Illinois, submit it to a "safety | ||||||
| 12 | test" and secure a certificate of safety furnished by the | ||||||
| 13 | Department as set forth in Section 13-109. Each second | ||||||
| 14 | division motor vehicle that pulls or draws a trailer, | ||||||
| 15 | semitrailer or pole trailer, with a gross weight of 10,001 lbs | ||||||
| 16 | or more or is registered for a gross weight of 10,001 lbs or | ||||||
| 17 | more, motor bus, religious organization bus, school bus, | ||||||
| 18 | senior citizen transportation vehicle, and limousine shall be | ||||||
| 19 | subject to inspection by the Department and the Department is | ||||||
| 20 | authorized to establish rules and regulations for the | ||||||
| 21 | implementation of such inspections. | ||||||
| 22 | The owners of each salvage vehicle shall submit it to a | ||||||
| 23 | "safety test" and secure a certificate of safety furnished by | ||||||
| 24 | the Department prior to its salvage vehicle inspection | ||||||
| 25 | pursuant to Section 3-308 of this Code. In implementing and | ||||||
| 26 | enforcing the provisions of this Section, the Department and | ||||||
| |||||||
| |||||||
| 1 | other authorized State agencies shall do so in a manner that is | ||||||
| 2 | not inconsistent with any applicable federal law or regulation | ||||||
| 3 | so that no federal funding or support is jeopardized by the | ||||||
| 4 | enactment or application of these provisions. | ||||||
| 5 | However, none of the provisions of Chapter 13 requiring | ||||||
| 6 | safety tests or a certificate of safety shall apply to: | ||||||
| 7 | (a) farm tractors, machinery and implements, wagons, | ||||||
| 8 | wagon-trailers or like farm vehicles used primarily in | ||||||
| 9 | agricultural pursuits; | ||||||
| 10 | (b) vehicles other than school buses, tow trucks, and | ||||||
| 11 | medical transport vehicles owned or operated by a | ||||||
| 12 | municipal corporation or political subdivision having a | ||||||
| 13 | population of 1,000,000 or more inhabitants and which are | ||||||
| 14 | subject to safety tests imposed by local ordinance or | ||||||
| 15 | resolution; | ||||||
| 16 | (c) a semitrailer or trailer having a gross weight of | ||||||
| 17 | 5,000 pounds or less including vehicle weight and maximum | ||||||
| 18 | load; | ||||||
| 19 | (d) recreational vehicles; | ||||||
| 20 | (e) vehicles registered as and displaying Illinois | ||||||
| 21 | antique vehicle plates and vehicles registered as | ||||||
| 22 | expanded-use antique vehicles and displaying expanded-use | ||||||
| 23 | antique vehicle plates; | ||||||
| 24 | (f) house trailers equipped and used for living | ||||||
| 25 | quarters; | ||||||
| 26 | (g) vehicles registered as and displaying Illinois | ||||||
| |||||||
| |||||||
| 1 | permanently mounted equipment plates or similar vehicles | ||||||
| 2 | eligible therefor but registered as governmental vehicles | ||||||
| 3 | provided that if said vehicle is reclassified from a | ||||||
| 4 | permanently mounted equipment plate so as to lose the | ||||||
| 5 | exemption of not requiring a certificate of safety, such | ||||||
| 6 | vehicle must be safety tested within 30 days of the | ||||||
| 7 | reclassification; | ||||||
| 8 | (h) vehicles owned or operated by a manufacturer, | ||||||
| 9 | dealer, or transporter displaying a special plate or | ||||||
| 10 | plates as described in Chapter 3 of this Code while such | ||||||
| 11 | vehicle is being delivered from the manufacturing or | ||||||
| 12 | assembly plant directly to the purchasing dealership or | ||||||
| 13 | distributor, or being temporarily road driven for quality | ||||||
| 14 | control testing, or from one dealer or distributor to | ||||||
| 15 | another, or are being moved by the most direct route from | ||||||
| 16 | one location to another for the purpose of installing | ||||||
| 17 | special bodies or equipment, or driven for purposes of | ||||||
| 18 | demonstration by a prospective buyer with the dealer or | ||||||
| 19 | his agent present in the cab of the vehicle during the | ||||||
| 20 | demonstration; | ||||||
| 21 | (i) pole trailers and auxiliary axles; | ||||||
| 22 | (j) special mobile equipment; | ||||||
| 23 | (k) vehicles properly registered in another State | ||||||
| 24 | pursuant to law and displaying a valid registration plate | ||||||
| 25 | or digital registration plate, except vehicles of contract | ||||||
| 26 | carriers transporting employees in the course of their | ||||||
| |||||||
| |||||||
| 1 | employment on a highway of this State in a vehicle | ||||||
| 2 | designed to carry 15 or fewer passengers are only exempted | ||||||
| 3 | to the extent that the safety testing requirements | ||||||
| 4 | applicable to such vehicles in the state of registration | ||||||
| 5 | are no less stringent than the safety testing requirements | ||||||
| 6 | applicable to contract carriers that are lawfully | ||||||
| 7 | registered in Illinois; | ||||||
| 8 | (l) water-well boring apparatuses or rigs; | ||||||
| 9 | (m) any vehicle which is owned and operated by the | ||||||
| 10 | federal government and externally displays evidence of | ||||||
| 11 | such ownership; and | ||||||
| 12 | (n) second division vehicles registered for a gross | ||||||
| 13 | weight of 10,000 pounds or less, except when such second | ||||||
| 14 | division motor vehicles pull or draw a trailer, | ||||||
| 15 | semi-trailer, or pole trailer having a gross weight of or | ||||||
| 16 | registered for a gross weight of more than 10,000 pounds; | ||||||
| 17 | motor buses; religious organization buses; school buses; | ||||||
| 18 | senior citizen transportation vehicles; medical transport | ||||||
| 19 | vehicles; tow trucks; and any property carrying vehicles | ||||||
| 20 | being operated in commerce that are registered for a gross | ||||||
| 21 | weight of more than 8,000 lbs but less than 10,001 lbs. | ||||||
| 22 | The safety test shall include the testing and inspection | ||||||
| 23 | of brakes, lights, horns, reflectors, rear vision mirrors, | ||||||
| 24 | mufflers, safety chains, windshields and windshield wipers, | ||||||
| 25 | warning flags and flares, frame, axle, cab and body, or cab or | ||||||
| 26 | body, wheels, steering apparatus, and other safety devices and | ||||||
| |||||||
| |||||||
| 1 | appliances required by this Code and such other safety tests | ||||||
| 2 | as the Department may by rule or regulation require, for | ||||||
| 3 | second division vehicles, school buses, medical transport | ||||||
| 4 | vehicles, tow trucks, first division vehicles including taxis | ||||||
| 5 | which are used for a purpose that requires a school bus driver | ||||||
| 6 | permit, motor vehicles used for driver education training, | ||||||
| 7 | vehicles designed to carry 15 or fewer passengers operated by | ||||||
| 8 | a contract carrier transporting employees in the course of | ||||||
| 9 | their employment on a highway of this State, trailers, and | ||||||
| 10 | semitrailers subject to inspection. | ||||||
| 11 | For tow trucks, the safety test and inspection shall also | ||||||
| 12 | include the inspection of winch mountings, body panels, body | ||||||
| 13 | mounts, wheel lift swivel points, and sling straps, and other | ||||||
| 14 | tests and inspections the Department by rule requires for tow | ||||||
| 15 | trucks. | ||||||
| 16 | For driver education vehicles used by public high schools, | ||||||
| 17 | the vehicle must also be equipped with dual control brakes, a | ||||||
| 18 | mirror on each side of the vehicle so located as to reflect to | ||||||
| 19 | the driver a view of the highway for a distance of at least 200 | ||||||
| 20 | feet to the rear, and a sign visible from the front and the | ||||||
| 21 | rear identifying the vehicle as a driver education car. | ||||||
| 22 | For trucks, truck tractors, trailers, semi-trailers, buses | ||||||
| 23 | engaged in interstate commerce as defined in Section 1-133 of | ||||||
| 24 | this Code, and first division vehicles including taxis which | ||||||
| 25 | are used for a purpose that requires a school bus driver | ||||||
| 26 | permit, the safety test shall be conducted in accordance with | ||||||
| |||||||
| |||||||
| 1 | the Minimum Periodic Inspection Standards promulgated by the | ||||||
| 2 | Federal Highway Administration of the U.S. Department of | ||||||
| 3 | Transportation and contained in Appendix G to Subchapter B of | ||||||
| 4 | Chapter III of Title 49 of the Code of Federal Regulations. | ||||||
| 5 | Those standards, as now in effect, are made a part of this | ||||||
| 6 | Code, in the same manner as though they were set out in full in | ||||||
| 7 | this Code. | ||||||
| 8 | The passing of the safety test shall not be a bar at any | ||||||
| 9 | time to prosecution for operating a second division vehicle, | ||||||
| 10 | medical transport vehicle, motor vehicle used for driver | ||||||
| 11 | education training, or vehicle designed to carry 15 or fewer | ||||||
| 12 | passengers operated by a contract carrier as provided in this | ||||||
| 13 | Section that is unsafe, as determined by the standards | ||||||
| 14 | prescribed in this Code. | ||||||
| 15 | (Source: P.A. 103-476, eff. 1-1-24; revised 8-19-24.)
| ||||||
| 16 | Section 1040. The O'Hare Driver Safety Act is amended by | ||||||
| 17 | changing Section 10 as follows:
| ||||||
| 18 | (625 ILCS 80/10) | ||||||
| 19 | Sec. 10. No stopping or standing within one-half mile of | ||||||
| 20 | O'Hare International Airport. Except where permitted, a person | ||||||
| 21 | operating a motor vehicle shall not stop or stand the person's | ||||||
| 22 | vehicle on a shoulder of a highway along traffic routes within | ||||||
| 23 | a one-half mile radius of: (1) the eastern entrance to O'Hare | ||||||
| 24 | International Airport; and (2) the intersection of Interstate | ||||||
| |||||||
| |||||||
| 1 | 90 and Interstate 294. | ||||||
| 2 | No person who is the lessor of a motor vehicle under a | ||||||
| 3 | written lease agreement shall be liable for an automated | ||||||
| 4 | traffic safety system violation involving such motor vehicle | ||||||
| 5 | during the period of the lease, unless, upon the request of the | ||||||
| 6 | appropriate authority received within 120 days after the | ||||||
| 7 | violation occurred, the lessor provides within 60 days after | ||||||
| 8 | such receipt the name and address of the lessee. | ||||||
| 9 | Upon the provision of information by the lessor under this | ||||||
| 10 | Section, the Authority may issue the violation to the lessee | ||||||
| 11 | of the vehicle in the same manner as it would issue a violation | ||||||
| 12 | to a registered owner of a vehicle, and the lessee may be held | ||||||
| 13 | liable for the violation. | ||||||
| 14 | This Section shall not apply to vehicles that are stopped | ||||||
| 15 | or standing in a restricted area if: | ||||||
| 16 | (1) a person is yielding to an emergency vehicle; | ||||||
| 17 | (2) the vehicle malfunctions; | ||||||
| 18 | (3) a person was directed to stop the person's vehicle | ||||||
| 19 | by a law enforcement officer; | ||||||
| 20 | (4) the vehicle was stolen prior to violation and not | ||||||
| 21 | controlled by the registered owner of the vehicle; or | ||||||
| 22 | (5) the driver of the vehicle received a Uniform | ||||||
| 23 | Traffic Citation from a police officer at the time of the | ||||||
| 24 | violation for the same offense. | ||||||
| 25 | (Source: P.A. 103-861, eff. 1-1-25; revised 10-21-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1045. The Public-Private Partnerships for | ||||||
| 2 | Transportation Act is amended by changing Section 10 as | ||||||
| 3 | follows:
| ||||||
| 4 | (630 ILCS 5/10) | ||||||
| 5 | Sec. 10. Definitions. As used in this Act: | ||||||
| 6 | "Approved proposal" means the proposal that is approved by | ||||||
| 7 | the responsible public entity pursuant to subsection (j) of | ||||||
| 8 | Section 20 of this Act. | ||||||
| 9 | "Approved proposer" means the private entity whose | ||||||
| 10 | proposal is the approved proposal. | ||||||
| 11 | "Authority" means the Illinois State Toll Highway | ||||||
| 12 | Authority. | ||||||
| 13 | "Contractor" means a private entity that has entered into | ||||||
| 14 | a public-private agreement with the responsible public entity | ||||||
| 15 | to provide services to or on behalf of the responsible public | ||||||
| 16 | entity. | ||||||
| 17 | "Department" means the Illinois Department of | ||||||
| 18 | Transportation. | ||||||
| 19 | "Design-build agreement" means the agreement between the | ||||||
| 20 | selected private entity and the responsible public entity | ||||||
| 21 | under which the selected private entity agrees to furnish | ||||||
| 22 | design, construction, and related services for a | ||||||
| 23 | transportation facility under this Act. | ||||||
| 24 | "Develop" or "development" means to do one or more of the | ||||||
| 25 | following: plan, design, develop, lease, acquire, install, | ||||||
| |||||||
| |||||||
| 1 | construct, reconstruct, rehabilitate, extend, or expand. | ||||||
| 2 | "Maintain" or "maintenance" includes ordinary maintenance, | ||||||
| 3 | repair, rehabilitation, capital maintenance, maintenance | ||||||
| 4 | replacement, and any other categories of maintenance that may | ||||||
| 5 | be designated by the responsible public entity. | ||||||
| 6 | "Operate" or "operation" means to do one or more of the | ||||||
| 7 | following: maintain, improve, equip, modify, or otherwise | ||||||
| 8 | operate. | ||||||
| 9 | "Private entity" means any combination of one or more | ||||||
| 10 | individuals, corporations, general partnerships, limited | ||||||
| 11 | liability companies, limited partnerships, joint ventures, | ||||||
| 12 | business trusts, nonprofit entities, or other business | ||||||
| 13 | entities that are parties to a proposal for a transportation | ||||||
| 14 | project or an agreement related to a transportation project. A | ||||||
| 15 | public agency may provide services to a contractor as a | ||||||
| 16 | subcontractor or subconsultant without affecting the private | ||||||
| 17 | status of the private entity and the ability to enter into a | ||||||
| 18 | public-private agreement. A transportation agency is not a | ||||||
| 19 | private entity. | ||||||
| 20 | "Proposal" means all materials and documents prepared by | ||||||
| 21 | or on behalf of a private entity relating to the proposed | ||||||
| 22 | development, financing, or operation of a transportation | ||||||
| 23 | facility as a transportation project. | ||||||
| 24 | "Proposer" means a private entity that has submitted an | ||||||
| 25 | unsolicited proposal for a public-private agreement to a | ||||||
| 26 | responsible public entity under this Act or a proposal or | ||||||
| |||||||
| |||||||
| 1 | statement of qualifications for a public-private agreement in | ||||||
| 2 | response to a request for proposals or a request for | ||||||
| 3 | qualifications issued by a responsible public entity under | ||||||
| 4 | this Act. | ||||||
| 5 | "Public-private agreement" means the public-private | ||||||
| 6 | agreement between the contractor and the responsible public | ||||||
| 7 | entity relating to one or more of the development, financing, | ||||||
| 8 | or operation of a transportation project that is entered into | ||||||
| 9 | under this Act. | ||||||
| 10 | "Request for information" means all materials and | ||||||
| 11 | documents prepared by or on behalf of the responsible public | ||||||
| 12 | entity to solicit information from private entities with | ||||||
| 13 | respect to transportation projects. | ||||||
| 14 | "Request for proposals" means all materials and documents | ||||||
| 15 | prepared by or on behalf of the responsible public entity to | ||||||
| 16 | solicit proposals from private entities to enter into a | ||||||
| 17 | public-private agreement. | ||||||
| 18 | "Request for qualifications" means all materials and | ||||||
| 19 | documents prepared by or on behalf of the responsible public | ||||||
| 20 | entity to solicit statements of qualification from private | ||||||
| 21 | entities to enter into a public-private agreement. | ||||||
| 22 | "Responsible public entity" means the Department of | ||||||
| 23 | Transportation, the Illinois State Toll Highway Authority, and | ||||||
| 24 | the 5 most populous counties of Illinois, as of the most recent | ||||||
| 25 | publicly available decennial census. | ||||||
| 26 | "Revenues" means all revenues, including any combination | ||||||
| |||||||
| |||||||
| 1 | of: income; earnings and interest; user fees; lease payments; | ||||||
| 2 | allocations; federal, State, and local appropriations, grants, | ||||||
| 3 | loans, lines of credit, and credit guarantees; bond proceeds; | ||||||
| 4 | equity investments; service payments; or other receipts; | ||||||
| 5 | arising out of or in connection with a transportation project, | ||||||
| 6 | including the development, financing, and operation of a | ||||||
| 7 | transportation project. The term includes money received as | ||||||
| 8 | grants, loans, lines of credit, credit guarantees, or | ||||||
| 9 | otherwise in aid of a transportation project from the federal | ||||||
| 10 | government, the State, a unit of local government, or any | ||||||
| 11 | agency or instrumentality of the federal government, the | ||||||
| 12 | State, or a unit of local government. | ||||||
| 13 | "Shortlist" means the process by which a responsible | ||||||
| 14 | public entity will review, evaluate, and rank statements of | ||||||
| 15 | qualifications submitted in response to a request for | ||||||
| 16 | qualifications and then identify the proposers who are | ||||||
| 17 | eligible to submit a detailed proposal in response to a | ||||||
| 18 | request for proposals. The identified proposers constitute the | ||||||
| 19 | shortlist for the transportation project to which the request | ||||||
| 20 | for proposals relates. | ||||||
| 21 | "Transportation agency" means (i) the Department or (ii) | ||||||
| 22 | the Authority. | ||||||
| 23 | "Transportation facility" means any new or existing road, | ||||||
| 24 | highway, toll highway, bridge, tunnel, intermodal facility, | ||||||
| 25 | intercity or high-speed passenger rail, or other | ||||||
| 26 | transportation facility or infrastructure, including the South | ||||||
| |||||||
| |||||||
| 1 | Suburban Airport but excluding all other airports, under the | ||||||
| 2 | jurisdiction of a responsible public entity, except those | ||||||
| 3 | facilities for the Illiana Expressway. The term | ||||||
| 4 | "transportation facility" may refer to one or more | ||||||
| 5 | transportation facilities that are proposed to be developed or | ||||||
| 6 | operated as part of a single transportation project. | ||||||
| 7 | "Transportation project" or "project" means any or the | ||||||
| 8 | combination of the design, development, construction, | ||||||
| 9 | financing, or operation with respect to all or a portion of any | ||||||
| 10 | transportation facility under the jurisdiction of the | ||||||
| 11 | responsible public entity, except those facilities for the | ||||||
| 12 | Illiana Expressway, undertaken pursuant to this Act. | ||||||
| 13 | "Unit of local government" has the meaning ascribed to | ||||||
| 14 | that term in Article VII, Section 1 of the Constitution of the | ||||||
| 15 | State of Illinois and also means any unit designated as a | ||||||
| 16 | municipal corporation. | ||||||
| 17 | "Unsolicited proposal" means a written proposal that is | ||||||
| 18 | submitted to a transportation agency on the initiative of the | ||||||
| 19 | private sector entity or entities for the purpose of | ||||||
| 20 | developing a partnership, and that is not in response to a | ||||||
| 21 | formal or informal request issued by a transportation agency. | ||||||
| 22 | "User fees" or "tolls" means the rates, tolls, fees, or | ||||||
| 23 | other charges imposed by the contractor for use of all or a | ||||||
| 24 | portion of a transportation project under a public-private | ||||||
| 25 | agreement. | ||||||
| 26 | (Source: P.A. 103-570, eff. 1-1-24; 103-864, eff. 8-9-24; | ||||||
| |||||||
| |||||||
| 1 | 103-865, eff. 1-1-25; revised 10-9-24.)
| ||||||
| 2 | Section 1050. The Criminal and Traffic Assessment Act is | ||||||
| 3 | amended by changing Sections 15-52 and 15-70 as follows:
| ||||||
| 4 | (705 ILCS 135/15-52) | ||||||
| 5 | Sec. 15-52. SCHEDULE 10.5; truck weight and load offenses. | ||||||
| 6 | SCHEDULE 10.5: For an offense offenses under subsection | ||||||
| 7 | (d) of Section 3-401 or , Section 15-111 of the Illinois | ||||||
| 8 | Vehicle Code , or an offense punishable by fine under Section | ||||||
| 9 | 15-113.1, 15-113.2, or 15-113.3 of the Illinois Vehicle Code, | ||||||
| 10 | the Clerk of the Circuit Court shall collect $260 and remit as | ||||||
| 11 | follows: | ||||||
| 12 | (1) As the county's portion, $168 to the county treasurer, | ||||||
| 13 | who shall deposit the money as follows: | ||||||
| 14 | (A) $20 into the Court Automation Fund; | ||||||
| 15 | (B) $20 into the Court Document Storage Fund; | ||||||
| 16 | (C) $5 into the Circuit Court Clerk Operation and | ||||||
| 17 | Administrative Fund; | ||||||
| 18 | (D) $8 into the Circuit Court Clerk Electronic | ||||||
| 19 | Citation Fund; and | ||||||
| 20 | (E) $115 into the county's General Fund. | ||||||
| 21 | (2) As the State's portion, $92 to the State Treasurer, | ||||||
| 22 | who shall deposit the money as follows: | ||||||
| 23 | (A) $31 into the State Police Merit Board Public | ||||||
| 24 | Safety Fund, regardless of the type of overweight citation | ||||||
| |||||||
| |||||||
| 1 | or arresting law enforcement agency; | ||||||
| 2 | (B) $31 into the Traffic and Criminal Conviction | ||||||
| 3 | Surcharge Fund; and | ||||||
| 4 | (C) $30 to the State Police Operations Assistance | ||||||
| 5 | Fund. | ||||||
| 6 | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19; | ||||||
| 7 | revised 7-24-24.)
| ||||||
| 8 | (705 ILCS 135/15-70) | ||||||
| 9 | Sec. 15-70. Conditional assessments. In addition to | ||||||
| 10 | payments under one of the Schedule of Assessments 1 through 13 | ||||||
| 11 | of this Act, the court shall also order payment of any of the | ||||||
| 12 | following conditional assessment amounts for each sentenced | ||||||
| 13 | violation in the case to which a conditional assessment is | ||||||
| 14 | applicable, which shall be collected and remitted by the Clerk | ||||||
| 15 | of the Circuit Court as provided in this Section: | ||||||
| 16 | (1) arson, residential arson, or aggravated arson, | ||||||
| 17 | $500 per conviction to the State Treasurer for deposit | ||||||
| 18 | into the Fire Prevention Fund; | ||||||
| 19 | (2) child pornography under Section 11-20.1 of the | ||||||
| 20 | Criminal Code of 1961 or the Criminal Code of 2012, $500 | ||||||
| 21 | per conviction, unless more than one agency is responsible | ||||||
| 22 | for the arrest in which case the amount shall be remitted | ||||||
| 23 | to each unit of government equally: | ||||||
| 24 | (A) if the arresting agency is an agency of a unit | ||||||
| 25 | of local government, $500 to the treasurer of the unit | ||||||
| |||||||
| |||||||
| 1 | of local government for deposit into the unit of local | ||||||
| 2 | government's General Fund, except that if the Illinois | ||||||
| 3 | State Police provides digital or electronic forensic | ||||||
| 4 | examination assistance, or both, to the arresting | ||||||
| 5 | agency then $100 to the State Treasurer for deposit | ||||||
| 6 | into the State Crime Laboratory Fund; or | ||||||
| 7 | (B) if the arresting agency is the Illinois State | ||||||
| 8 | Police, $500 to the State Treasurer for deposit into | ||||||
| 9 | the State Crime Laboratory Fund; | ||||||
| 10 | (3) crime laboratory drug analysis for a drug-related | ||||||
| 11 | offense involving possession or delivery of cannabis or | ||||||
| 12 | possession or delivery of a controlled substance as | ||||||
| 13 | defined in the Cannabis Control Act, the Illinois | ||||||
| 14 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 15 | and Community Protection Act, $100 reimbursement for | ||||||
| 16 | laboratory analysis, as set forth in subsection (f) of | ||||||
| 17 | Section 5-9-1.4 of the Unified Code of Corrections; | ||||||
| 18 | (4) DNA analysis, $250 on each conviction in which it | ||||||
| 19 | was used to the State Treasurer for deposit into the State | ||||||
| 20 | Crime Laboratory Fund as set forth in Section 5-9-1.4 of | ||||||
| 21 | the Unified Code of Corrections; | ||||||
| 22 | (5) DUI analysis, $150 on each sentenced violation in | ||||||
| 23 | which it was used as set forth in subsection (f) of Section | ||||||
| 24 | 5-9-1.9 of the Unified Code of Corrections; | ||||||
| 25 | (6) drug-related offense involving possession or | ||||||
| 26 | delivery of cannabis or possession or delivery of a | ||||||
| |||||||
| |||||||
| 1 | controlled substance, other than methamphetamine, as | ||||||
| 2 | defined in the Cannabis Control Act or the Illinois | ||||||
| 3 | Controlled Substances Act, an amount not less than the | ||||||
| 4 | full street value of the cannabis or controlled substance | ||||||
| 5 | seized for each conviction to be disbursed as follows: | ||||||
| 6 | (A) 12.5% of the street value assessment shall be | ||||||
| 7 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
| 8 | used by the Department of Human Services for the | ||||||
| 9 | funding of programs and services for drug-abuse | ||||||
| 10 | treatment, and prevention and education services; | ||||||
| 11 | (B) 37.5% to the county in which the charge was | ||||||
| 12 | prosecuted, to be deposited into the county General | ||||||
| 13 | Fund; | ||||||
| 14 | (C) 50% to the treasurer of the arresting law | ||||||
| 15 | enforcement agency of the municipality or county, or | ||||||
| 16 | to the State Treasurer if the arresting agency was a | ||||||
| 17 | state agency, to be deposited as provided in | ||||||
| 18 | subsection (c) of Section 10-5; | ||||||
| 19 | (D) if the arrest was made in combination with | ||||||
| 20 | multiple law enforcement agencies, the clerk shall | ||||||
| 21 | equitably allocate the portion in subparagraph (C) of | ||||||
| 22 | this paragraph (6) among the law enforcement agencies | ||||||
| 23 | involved in the arrest; | ||||||
| 24 | (6.5) Kane County or Will County, in felony, | ||||||
| 25 | misdemeanor, local or county ordinance, traffic, or | ||||||
| 26 | conservation cases, up to $30 as set by the county board | ||||||
| |||||||
| |||||||
| 1 | under Section 5-1101.3 of the Counties Code upon the entry | ||||||
| 2 | of a judgment of conviction, an order of supervision, or a | ||||||
| 3 | sentence of probation without entry of judgment under | ||||||
| 4 | Section 10 of the Cannabis Control Act, Section 410 of the | ||||||
| 5 | Illinois Controlled Substances Act, Section 70 of the | ||||||
| 6 | Methamphetamine Control and Community Protection Act, | ||||||
| 7 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||||||
| 8 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 9 | Section 10-102 of the Illinois Alcoholism and Other Drug | ||||||
| 10 | Dependency Act, or Section 10 of the Steroid Control Act; | ||||||
| 11 | except in local or county ordinance, traffic, and | ||||||
| 12 | conservation cases, if fines are paid in full without a | ||||||
| 13 | court appearance, then the assessment shall not be imposed | ||||||
| 14 | or collected. Distribution of assessments collected under | ||||||
| 15 | this paragraph (6.5) shall be as provided in Section | ||||||
| 16 | 5-1101.3 of the Counties Code; | ||||||
| 17 | (7) methamphetamine-related offense involving | ||||||
| 18 | possession or delivery of methamphetamine or any salt of | ||||||
| 19 | an optical isomer of methamphetamine or possession of a | ||||||
| 20 | methamphetamine manufacturing material as set forth in | ||||||
| 21 | Section 10 of the Methamphetamine Control and Community | ||||||
| 22 | Protection Act with the intent to manufacture a substance | ||||||
| 23 | containing methamphetamine or salt of an optical isomer of | ||||||
| 24 | methamphetamine, an amount not less than the full street | ||||||
| 25 | value of the methamphetamine or salt of an optical isomer | ||||||
| 26 | of methamphetamine or methamphetamine manufacturing | ||||||
| |||||||
| |||||||
| 1 | materials seized for each conviction to be disbursed as | ||||||
| 2 | follows: | ||||||
| 3 | (A) 12.5% of the street value assessment shall be | ||||||
| 4 | paid into the Youth Drug Abuse Prevention Fund, to be | ||||||
| 5 | used by the Department of Human Services for the | ||||||
| 6 | funding of programs and services for drug-abuse | ||||||
| 7 | treatment, and prevention and education services; | ||||||
| 8 | (B) 37.5% to the county in which the charge was | ||||||
| 9 | prosecuted, to be deposited into the county General | ||||||
| 10 | Fund; | ||||||
| 11 | (C) 50% to the treasurer of the arresting law | ||||||
| 12 | enforcement agency of the municipality or county, or | ||||||
| 13 | to the State Treasurer if the arresting agency was a | ||||||
| 14 | state agency, to be deposited as provided in | ||||||
| 15 | subsection (c) of Section 10-5; | ||||||
| 16 | (D) if the arrest was made in combination with | ||||||
| 17 | multiple law enforcement agencies, the clerk shall | ||||||
| 18 | equitably allocate the portion in subparagraph (C) of | ||||||
| 19 | this paragraph (6) among the law enforcement agencies | ||||||
| 20 | involved in the arrest; | ||||||
| 21 | (8) order of protection violation under Section 12-3.4 | ||||||
| 22 | of the Criminal Code of 2012, $200 for each conviction to | ||||||
| 23 | the county treasurer for deposit into the Probation and | ||||||
| 24 | Court Services Fund for implementation of a domestic | ||||||
| 25 | violence surveillance program and any other assessments or | ||||||
| 26 | fees imposed under Section 5-9-1.16 of the Unified Code of | ||||||
| |||||||
| |||||||
| 1 | Corrections; | ||||||
| 2 | (9) order of protection violation, $25 for each | ||||||
| 3 | violation to the State Treasurer, for deposit into the | ||||||
| 4 | Domestic Violence Abuser Services Fund; | ||||||
| 5 | (10) prosecution by the State's Attorney of a: | ||||||
| 6 | (A) petty or business offense, $4 to the county | ||||||
| 7 | treasurer of which $2 deposited into the State's | ||||||
| 8 | Attorney Records Automation Fund and $2 into the | ||||||
| 9 | Public Defender Records Automation Fund; | ||||||
| 10 | (B) conservation or traffic offense, $2 to the | ||||||
| 11 | county treasurer for deposit into the State's Attorney | ||||||
| 12 | Records Automation Fund; | ||||||
| 13 | (11) speeding in a construction zone violation, $250 | ||||||
| 14 | to the State Treasurer for deposit into the Transportation | ||||||
| 15 | Safety Highway Hire-back Fund, unless (i) the violation | ||||||
| 16 | occurred on a highway other than an interstate highway and | ||||||
| 17 | (ii) a county police officer wrote the ticket for the | ||||||
| 18 | violation, in which case to the county treasurer for | ||||||
| 19 | deposit into that county's Transportation Safety Highway | ||||||
| 20 | Hire-back Fund; | ||||||
| 21 | (12) supervision disposition on an offense under the | ||||||
| 22 | Illinois Vehicle Code or similar provision of a local | ||||||
| 23 | ordinance, 50 cents, unless waived by the court, into the | ||||||
| 24 | Prisoner Review Board Vehicle and Equipment Fund; | ||||||
| 25 | (13) victim and offender are family or household | ||||||
| 26 | members as defined in Section 103 of the Illinois Domestic | ||||||
| |||||||
| |||||||
| 1 | Violence Act of 1986 and offender pleads guilty or no | ||||||
| 2 | contest to or is convicted of murder, voluntary | ||||||
| 3 | manslaughter, involuntary manslaughter, burglary, | ||||||
| 4 | residential burglary, criminal trespass to residence, | ||||||
| 5 | criminal trespass to vehicle, criminal trespass to land, | ||||||
| 6 | criminal damage to property, telephone harassment, | ||||||
| 7 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
| 8 | forcible detention, child abduction, indecent solicitation | ||||||
| 9 | of a child, sexual relations between siblings, | ||||||
| 10 | exploitation of a child, child pornography, assault, | ||||||
| 11 | aggravated assault, battery, aggravated battery, heinous | ||||||
| 12 | battery, aggravated battery of a child, domestic battery, | ||||||
| 13 | reckless conduct, intimidation, criminal sexual assault, | ||||||
| 14 | predatory criminal sexual assault of a child, aggravated | ||||||
| 15 | criminal sexual assault, criminal sexual abuse, aggravated | ||||||
| 16 | criminal sexual abuse, violation of an order of | ||||||
| 17 | protection, disorderly conduct, endangering the life or | ||||||
| 18 | health of a child, child abandonment, contributing to | ||||||
| 19 | dependency or neglect of child, or cruelty to children and | ||||||
| 20 | others, $200 for each sentenced violation to the State | ||||||
| 21 | Treasurer for deposit as follows: (i) for sexual assault, | ||||||
| 22 | as defined in Section 5-9-1.7 of the Unified Code of | ||||||
| 23 | Corrections, when the offender and victim are family | ||||||
| 24 | members, one-half to the Domestic Violence Shelter and | ||||||
| 25 | Service Fund, and one-half to the Sexual Assault Services | ||||||
| 26 | Fund; (ii) for the remaining offenses to the Domestic | ||||||
| |||||||
| |||||||
| 1 | Violence Shelter and Service Fund; | ||||||
| 2 | (14) violation of Section 11-501 of the Illinois | ||||||
| 3 | Vehicle Code, Section 5-7 of the Snowmobile Registration | ||||||
| 4 | and Safety Act, Section 5-16 of the Boat Registration and | ||||||
| 5 | Safety Act, or a similar provision, whose operation of a | ||||||
| 6 | motor vehicle, snowmobile, or watercraft while in | ||||||
| 7 | violation of Section 11-501, Section 5-7 of the Snowmobile | ||||||
| 8 | Registration and Safety Act, Section 5-16 of the Boat | ||||||
| 9 | Registration and Safety Act, or a similar provision | ||||||
| 10 | proximately caused an incident resulting in an appropriate | ||||||
| 11 | emergency response, $1,000 maximum to the public agency | ||||||
| 12 | that provided an emergency response related to the | ||||||
| 13 | person's violation, or as provided in subsection (c) of | ||||||
| 14 | Section 10-5 if the arresting agency was a State agency, | ||||||
| 15 | unless more than one agency was responsible for the | ||||||
| 16 | arrest, in which case the amount shall be remitted to each | ||||||
| 17 | unit of government equally; | ||||||
| 18 | (15) violation of Section 401, 407, or 407.2 of the | ||||||
| 19 | Illinois Controlled Substances Act that proximately caused | ||||||
| 20 | any incident resulting in an appropriate drug-related | ||||||
| 21 | emergency response, $1,000 as reimbursement for the | ||||||
| 22 | emergency response to the law enforcement agency that made | ||||||
| 23 | the arrest, or as provided in subsection (c) of Section | ||||||
| 24 | 10-5 if the arresting agency was a State agency, unless | ||||||
| 25 | more than one agency was responsible for the arrest, in | ||||||
| 26 | which case the amount shall be remitted to each unit of | ||||||
| |||||||
| |||||||
| 1 | government equally; | ||||||
| 2 | (16) violation of reckless driving, aggravated | ||||||
| 3 | reckless driving, or driving 26 miles per hour or more in | ||||||
| 4 | excess of the speed limit that triggered an emergency | ||||||
| 5 | response, $1,000 maximum reimbursement for the emergency | ||||||
| 6 | response to be distributed in its entirety to a public | ||||||
| 7 | agency that provided an emergency response related to the | ||||||
| 8 | person's violation, or as provided in subsection (c) of | ||||||
| 9 | Section 10-5 if the arresting agency was a State agency, | ||||||
| 10 | unless more than one agency was responsible for the | ||||||
| 11 | arrest, in which case the amount shall be remitted to each | ||||||
| 12 | unit of government equally; | ||||||
| 13 | (17) violation based upon each plea of guilty, | ||||||
| 14 | stipulation of facts, or finding of guilt resulting in a | ||||||
| 15 | judgment of conviction or order of supervision for an | ||||||
| 16 | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | ||||||
| 17 | the Criminal Code of 2012 that results in the imposition | ||||||
| 18 | of a fine, to be distributed as follows: | ||||||
| 19 | (A) $50 to the county treasurer for deposit into | ||||||
| 20 | the Circuit Court Clerk Operation and Administrative | ||||||
| 21 | Fund to cover the costs in administering this | ||||||
| 22 | paragraph (17); | ||||||
| 23 | (B) $300 to the State Treasurer who shall deposit | ||||||
| 24 | the portion as follows: | ||||||
| 25 | (i) if the arresting or investigating agency | ||||||
| 26 | is the Illinois State Police, into the State | ||||||
| |||||||
| |||||||
| 1 | Police Law Enforcement Administration Fund; | ||||||
| 2 | (ii) if the arresting or investigating agency | ||||||
| 3 | is the Department of Natural Resources, into the | ||||||
| 4 | Conservation Police Operations Assistance Fund; | ||||||
| 5 | (iii) if the arresting or investigating agency | ||||||
| 6 | is the Secretary of State, into the Secretary of | ||||||
| 7 | State Police Services Fund; | ||||||
| 8 | (iv) if the arresting or investigating agency | ||||||
| 9 | is the Illinois Commerce Commission, into the | ||||||
| 10 | Transportation Regulatory Fund; or | ||||||
| 11 | (v) if more than one of the State agencies in | ||||||
| 12 | this subparagraph (B) is the arresting or | ||||||
| 13 | investigating agency, then equal shares with the | ||||||
| 14 | shares deposited as provided in the applicable | ||||||
| 15 | items (i) through (iv) of this subparagraph (B); | ||||||
| 16 | and | ||||||
| 17 | (C) the remainder for deposit into the Specialized | ||||||
| 18 | Services for Survivors of Human Trafficking Fund; | ||||||
| 19 | (18) weapons violation under Section 24-1.1, 24-1.2, | ||||||
| 20 | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 21 | of 2012, $100 for each conviction to the State Treasurer | ||||||
| 22 | for deposit into the Trauma Center Fund; and | ||||||
| 23 | (19) violation of subsection (c) of Section 11-907 of | ||||||
| 24 | the Illinois Vehicle Code, $250 to the State Treasurer for | ||||||
| 25 | deposit into the Scott's Law Fund, unless a county or | ||||||
| 26 | municipal police officer wrote the ticket for the | ||||||
| |||||||
| |||||||
| 1 | violation, in which case to the county treasurer for | ||||||
| 2 | deposit into that county's or municipality's | ||||||
| 3 | Transportation Safety Highway Hire-back Fund to be used as | ||||||
| 4 | provided in subsection (j) of Section 11-907 of the | ||||||
| 5 | Illinois Vehicle Code; and . | ||||||
| 6 | (20) violation of Section 15-109.1 of the Illinois | ||||||
| 7 | Vehicle Code, $150 to be distributed as follows: | ||||||
| 8 | (A) 50% to the county treasurer for deposit into | ||||||
| 9 | the county general fund; and | ||||||
| 10 | (B) 50% to the treasurer of the arresting law | ||||||
| 11 | enforcement agency of the municipality or county or to | ||||||
| 12 | the State Treasurer, if the arresting agency was a | ||||||
| 13 | State agency, to be deposited as provided in | ||||||
| 14 | subsection (c) of Section 10-5. | ||||||
| 15 | Except for traffic violations, fines, and assessments, | ||||||
| 16 | such as fees or administrative costs authorized in this | ||||||
| 17 | Section, shall not be ordered or imposed on a minor subject to | ||||||
| 18 | Article III, IV, or V of the Juvenile Court Act of 1987, or a | ||||||
| 19 | minor under the age of 18 transferred to adult court or | ||||||
| 20 | excluded from juvenile court jurisdiction under Article V of | ||||||
| 21 | the Juvenile Court Act of 1987, or the minor's parent, | ||||||
| 22 | guardian, or legal custodian. | ||||||
| 23 | (Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; | ||||||
| 24 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. | ||||||
| 25 | 7-28-23; 103-730, eff. 1-1-25; revised 11-23-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1055. The Juvenile Court Act of 1987 is amended by | ||||||
| 2 | changing Sections 4-6 and 5-915 as follows:
| ||||||
| 3 | (705 ILCS 405/4-6) (from Ch. 37, par. 804-6) | ||||||
| 4 | Sec. 4-6. Temporary custody. "Temporary custody" means the | ||||||
| 5 | temporary placement of the minor out of the custody of the | ||||||
| 6 | minor's guardian or parent. | ||||||
| 7 | (a) "Temporary protective custody" means custody within a | ||||||
| 8 | hospital or other medical facility or a place previously | ||||||
| 9 | designated for such custody by the Department, subject to | ||||||
| 10 | review by the court Court, including a licensed foster home, | ||||||
| 11 | group home, or other institution; but such place shall not be a | ||||||
| 12 | jail or other place for the detention of criminal or juvenile | ||||||
| 13 | offenders. | ||||||
| 14 | (b) "Shelter care" means a physically unrestrictive | ||||||
| 15 | facility designated by the Department of Children and Family | ||||||
| 16 | Services or a licensed child welfare agency or other suitable | ||||||
| 17 | place designated by the court for a minor who requires care | ||||||
| 18 | away from the minor's home. | ||||||
| 19 | (Source: P.A. 103-22, eff. 8-8-23; revised 7-22-24.)
| ||||||
| 20 | (705 ILCS 405/5-915) | ||||||
| 21 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
| 22 | juvenile court records. | ||||||
| 23 | (0.05) (Blank). | ||||||
| 24 | (0.1)(a) The Illinois State Police and all law enforcement | ||||||
| |||||||
| |||||||
| 1 | agencies within the State shall automatically expunge, on or | ||||||
| 2 | before January 1 of each year, except as described in | ||||||
| 3 | paragraph (c) of this subsection (0.1), all juvenile law | ||||||
| 4 | enforcement records relating to events occurring before an | ||||||
| 5 | individual's 18th birthday if: | ||||||
| 6 | (1) one year or more has elapsed since the date of the | ||||||
| 7 | arrest or law enforcement interaction documented in the | ||||||
| 8 | records; | ||||||
| 9 | (2) no petition for delinquency or criminal charges | ||||||
| 10 | were filed with the clerk of the circuit court relating to | ||||||
| 11 | the arrest or law enforcement interaction documented in | ||||||
| 12 | the records; and | ||||||
| 13 | (3) 6 months have elapsed since the date of the arrest | ||||||
| 14 | without an additional subsequent arrest or filing of a | ||||||
| 15 | petition for delinquency or criminal charges whether | ||||||
| 16 | related or not to the arrest or law enforcement | ||||||
| 17 | interaction documented in the records. | ||||||
| 18 | (b) If the law enforcement agency is unable to verify | ||||||
| 19 | satisfaction of conditions (2) and (3) of this subsection | ||||||
| 20 | (0.1), records that satisfy condition (1) of this subsection | ||||||
| 21 | (0.1) shall be automatically expunged if the records relate to | ||||||
| 22 | an offense that if committed by an adult would not be an | ||||||
| 23 | offense classified as a Class 2 felony or higher, an offense | ||||||
| 24 | under Article 11 of the Criminal Code of 1961 or Criminal Code | ||||||
| 25 | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||||||
| 26 | 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
| |||||||
| |||||||
| 1 | (c) If the juvenile law enforcement record was received | ||||||
| 2 | through a public submission to a statewide student | ||||||
| 3 | confidential reporting system administered by the Illinois | ||||||
| 4 | State Police, the record will be maintained for a period of 5 | ||||||
| 5 | years according to all other provisions in this subsection | ||||||
| 6 | (0.1). | ||||||
| 7 | (0.15) If a juvenile law enforcement record meets | ||||||
| 8 | paragraph (a) of subsection (0.1) of this Section, a juvenile | ||||||
| 9 | law enforcement record created: | ||||||
| 10 | (1) prior to January 1, 2018, but on or after January | ||||||
| 11 | 1, 2013 shall be automatically expunged prior to January | ||||||
| 12 | 1, 2020; | ||||||
| 13 | (2) prior to January 1, 2013, but on or after January | ||||||
| 14 | 1, 2000, shall be automatically expunged prior to January | ||||||
| 15 | 1, 2023; and | ||||||
| 16 | (3) prior to January 1, 2000 shall not be subject to | ||||||
| 17 | the automatic expungement provisions of this Act. | ||||||
| 18 | Nothing in this subsection (0.15) shall be construed to | ||||||
| 19 | restrict or modify an individual's right to have the person's | ||||||
| 20 | juvenile law enforcement records expunged except as otherwise | ||||||
| 21 | may be provided in this Act. | ||||||
| 22 | (0.2)(a) Upon dismissal of a petition alleging delinquency | ||||||
| 23 | or upon a finding of not delinquent, the successful | ||||||
| 24 | termination of an order of supervision, or the successful | ||||||
| 25 | termination of an adjudication for an offense which would be a | ||||||
| 26 | Class B misdemeanor, Class C misdemeanor, or a petty or | ||||||
| |||||||
| |||||||
| 1 | business offense if committed by an adult, the court shall | ||||||
| 2 | automatically order the expungement of the juvenile court | ||||||
| 3 | records and juvenile law enforcement records. The clerk shall | ||||||
| 4 | deliver a certified copy of the expungement order to the | ||||||
| 5 | Illinois State Police and the arresting agency. Upon request, | ||||||
| 6 | the State's Attorney shall furnish the name of the arresting | ||||||
| 7 | agency. The expungement shall be completed within 60 business | ||||||
| 8 | days after the receipt of the expungement order. | ||||||
| 9 | (b) If the chief law enforcement officer of the agency, or | ||||||
| 10 | the chief law enforcement officer's designee, certifies in | ||||||
| 11 | writing that certain information is needed for a pending | ||||||
| 12 | investigation involving the commission of a felony, that | ||||||
| 13 | information, and information identifying the juvenile, may be | ||||||
| 14 | retained until the statute of limitations for the felony has | ||||||
| 15 | run. If the chief law enforcement officer of the agency, or the | ||||||
| 16 | chief law enforcement officer's designee, certifies in writing | ||||||
| 17 | that certain information is needed with respect to an internal | ||||||
| 18 | investigation of any law enforcement office, that information | ||||||
| 19 | and information identifying the juvenile may be retained | ||||||
| 20 | within an intelligence file until the investigation is | ||||||
| 21 | terminated or the disciplinary action, including appeals, has | ||||||
| 22 | been completed, whichever is later. Retention of a portion of | ||||||
| 23 | a juvenile's law enforcement record does not disqualify the | ||||||
| 24 | remainder of a juvenile's record from immediate automatic | ||||||
| 25 | expungement. | ||||||
| 26 | (0.3)(a) Upon an adjudication of delinquency based on any | ||||||
| |||||||
| |||||||
| 1 | offense except a disqualified offense, the juvenile court | ||||||
| 2 | shall automatically order the expungement of the juvenile | ||||||
| 3 | court and law enforcement records 2 years after the juvenile's | ||||||
| 4 | case was closed if no delinquency or criminal proceeding is | ||||||
| 5 | pending and the person has had no subsequent delinquency | ||||||
| 6 | adjudication or criminal conviction. On the date that the | ||||||
| 7 | minor's sentence ends or the date that the court enters an | ||||||
| 8 | order committing the minor to the Department of Juvenile | ||||||
| 9 | Justice, the juvenile court judge shall schedule a date to | ||||||
| 10 | enter the automatic expungement order. The minor must be | ||||||
| 11 | notified but shall not be required to be present for the | ||||||
| 12 | scheduled court date when automatic expungement is to be | ||||||
| 13 | ordered. If the minor is not yet eligible on the originally | ||||||
| 14 | scheduled date, the court shall schedule a subsequent date to | ||||||
| 15 | enter the automatic expungement order. The clerk shall deliver | ||||||
| 16 | a certified copy of the expungement order to the Illinois | ||||||
| 17 | State Police and the arresting agency. Upon request, the | ||||||
| 18 | State's Attorney shall furnish the name of the arresting | ||||||
| 19 | agency. The expungement shall be completed within 60 business | ||||||
| 20 | days after the receipt of the expungement order. In this | ||||||
| 21 | subsection (0.3), "disqualified offense" means any of the | ||||||
| 22 | following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
| 23 | 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, | ||||||
| 24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, | ||||||
| 25 | 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, | ||||||
| 26 | 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, | ||||||
| |||||||
| |||||||
| 1 | 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, | ||||||
| 2 | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, | ||||||
| 3 | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal | ||||||
| 4 | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) | ||||||
| 5 | of subsection (a) of Section 11-14.4, subsection (a-5) of | ||||||
| 6 | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) | ||||||
| 7 | of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | ||||||
| 8 | paragraph (1) or (2) of subsection (a) of Section 12-7.4, | ||||||
| 9 | subparagraph (i) of paragraph (1) of subsection (a) of Section | ||||||
| 10 | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of | ||||||
| 11 | Section 24-1.6, paragraph (1) of subsection (a) of Section | ||||||
| 12 | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | ||||||
| 13 | of 2012. | ||||||
| 14 | (b) If the chief law enforcement officer of the agency, or | ||||||
| 15 | the chief law enforcement officer's designee, certifies in | ||||||
| 16 | writing that certain information is needed for a pending | ||||||
| 17 | investigation involving the commission of a felony, that | ||||||
| 18 | information, and information identifying the juvenile, may be | ||||||
| 19 | retained in an intelligence file until the investigation is | ||||||
| 20 | terminated or for one additional year, whichever is sooner. | ||||||
| 21 | Retention of a portion of a juvenile's juvenile law | ||||||
| 22 | enforcement record does not disqualify the remainder of a | ||||||
| 23 | juvenile's record from immediate automatic expungement. | ||||||
| 24 | (0.4) Automatic expungement for the purposes of this | ||||||
| 25 | Section shall not require law enforcement agencies to | ||||||
| 26 | obliterate or otherwise destroy juvenile law enforcement | ||||||
| |||||||
| |||||||
| 1 | records that would otherwise need to be automatically expunged | ||||||
| 2 | under this Act, except after 2 years following the subject | ||||||
| 3 | arrest for purposes of use in civil litigation against a | ||||||
| 4 | governmental entity or its law enforcement agency or personnel | ||||||
| 5 | which created, maintained, or used the records. However, these | ||||||
| 6 | juvenile law enforcement records shall be considered expunged | ||||||
| 7 | for all other purposes during this period and the offense, | ||||||
| 8 | which the records or files concern, shall be treated as if it | ||||||
| 9 | never occurred as required under Section 5-923. | ||||||
| 10 | (0.5) Subsection (0.1) or (0.2) of this Section does not | ||||||
| 11 | apply to violations of traffic, boating, fish and game laws, | ||||||
| 12 | or county or municipal ordinances. | ||||||
| 13 | (0.6) Juvenile law enforcement records of a plaintiff who | ||||||
| 14 | has filed civil litigation against the governmental entity or | ||||||
| 15 | its law enforcement agency or personnel that created, | ||||||
| 16 | maintained, or used the records, or juvenile law enforcement | ||||||
| 17 | records that contain information related to the allegations | ||||||
| 18 | set forth in the civil litigation may not be expunged until | ||||||
| 19 | after 2 years have elapsed after the conclusion of the | ||||||
| 20 | lawsuit, including any appeal. | ||||||
| 21 | (0.7) Officer-worn body camera recordings shall not be | ||||||
| 22 | automatically expunged except as otherwise authorized by the | ||||||
| 23 | Law Enforcement Officer-Worn Body Camera Act. | ||||||
| 24 | (1) Whenever a person has been arrested, charged, or | ||||||
| 25 | adjudicated delinquent for an incident occurring before a | ||||||
| 26 | person's 18th birthday that if committed by an adult would be | ||||||
| |||||||
| |||||||
| 1 | an offense, and that person's juvenile law enforcement and | ||||||
| 2 | juvenile court records are not eligible for automatic | ||||||
| 3 | expungement under subsection (0.1), (0.2), or (0.3), the | ||||||
| 4 | person may petition the court at any time at no cost to the | ||||||
| 5 | person for expungement of juvenile law enforcement records and | ||||||
| 6 | juvenile court records relating to the incident and, upon | ||||||
| 7 | termination of all juvenile court proceedings relating to that | ||||||
| 8 | incident, the court shall order the expungement of all records | ||||||
| 9 | in the possession of the Illinois State Police, the clerk of | ||||||
| 10 | the circuit court, and law enforcement agencies relating to | ||||||
| 11 | the incident, but only in any of the following circumstances: | ||||||
| 12 | (a) the minor was arrested and no petition for | ||||||
| 13 | delinquency was filed with the clerk of the circuit court; | ||||||
| 14 | (a-5) the minor was charged with an offense and the | ||||||
| 15 | petition or petitions were dismissed without a finding of | ||||||
| 16 | delinquency; | ||||||
| 17 | (b) the minor was charged with an offense and was | ||||||
| 18 | found not delinquent of that offense; | ||||||
| 19 | (c) the minor was placed under supervision under | ||||||
| 20 | Section 5-615, and the order of supervision has since been | ||||||
| 21 | successfully terminated; or | ||||||
| 22 | (d) the minor was adjudicated for an offense which | ||||||
| 23 | would be a Class B misdemeanor, Class C misdemeanor, or a | ||||||
| 24 | petty or business offense if committed by an adult. | ||||||
| 25 | (1.5) At no cost to the person, the Illinois State Police | ||||||
| 26 | shall allow a person to use the Access and Review process, | ||||||
| |||||||
| |||||||
| 1 | established in the Illinois State Police, for verifying that | ||||||
| 2 | the person's juvenile law enforcement records relating to | ||||||
| 3 | incidents occurring before the person's 18th birthday eligible | ||||||
| 4 | under this Act have been expunged. | ||||||
| 5 | (1.6) (Blank). | ||||||
| 6 | (1.7) (Blank). | ||||||
| 7 | (1.8) (Blank). | ||||||
| 8 | (2) Any person whose delinquency adjudications are not | ||||||
| 9 | eligible for automatic expungement under subsection (0.3) of | ||||||
| 10 | this Section may petition the court at no cost to the person to | ||||||
| 11 | expunge all juvenile law enforcement records relating to any | ||||||
| 12 | incidents occurring before the person's 18th birthday which | ||||||
| 13 | did not result in proceedings in criminal court and all | ||||||
| 14 | juvenile court records with respect to any adjudications | ||||||
| 15 | except those based upon first degree murder or an offense | ||||||
| 16 | under Article 11 of the Criminal Code of 2012 if the person is | ||||||
| 17 | required to register under the Sex Offender Registration Act | ||||||
| 18 | at the time the person petitions the court for expungement; | ||||||
| 19 | provided that 2 years have elapsed since all juvenile court | ||||||
| 20 | proceedings relating to the person have been terminated and | ||||||
| 21 | the person's commitment to the Department of Juvenile Justice | ||||||
| 22 | under this Act has been terminated. | ||||||
| 23 | (2.5) If a minor is arrested and no petition for | ||||||
| 24 | delinquency is filed with the clerk of the circuit court at the | ||||||
| 25 | time the minor is released from custody, the youth officer, if | ||||||
| 26 | applicable, or other designated person from the arresting | ||||||
| |||||||
| |||||||
| 1 | agency, shall notify verbally and in writing to the minor or | ||||||
| 2 | the minor's parents or guardians that the minor shall have an | ||||||
| 3 | arrest record and shall provide the minor and the minor's | ||||||
| 4 | parents or guardians with an expungement information packet, | ||||||
| 5 | information regarding this State's expungement laws including | ||||||
| 6 | a petition to expunge juvenile law enforcement and juvenile | ||||||
| 7 | court records obtained from the clerk of the circuit court. | ||||||
| 8 | (2.6) If a minor is referred to court, then, at the time of | ||||||
| 9 | sentencing, dismissal of the case, or successful completion of | ||||||
| 10 | supervision, the judge shall inform the delinquent minor of | ||||||
| 11 | the minor's rights regarding expungement and the clerk of the | ||||||
| 12 | circuit court shall provide an expungement information packet | ||||||
| 13 | to the minor, written in plain language, including information | ||||||
| 14 | regarding this State's expungement laws and a petition for | ||||||
| 15 | expungement, a sample of a completed petition, expungement | ||||||
| 16 | instructions that shall include information informing the | ||||||
| 17 | minor that (i) once the case is expunged, it shall be treated | ||||||
| 18 | as if it never occurred, (ii) the minor shall not be charged a | ||||||
| 19 | fee to petition for expungement, (iii) once the minor obtains | ||||||
| 20 | an expungement, the minor may not be required to disclose that | ||||||
| 21 | the minor had a juvenile law enforcement or juvenile court | ||||||
| 22 | record, and (iv) if petitioning the minor may file the | ||||||
| 23 | petition on the minor's own or with the assistance of an | ||||||
| 24 | attorney. The failure of the judge to inform the delinquent | ||||||
| 25 | minor of the minor's right to petition for expungement as | ||||||
| 26 | provided by law does not create a substantive right, nor is | ||||||
| |||||||
| |||||||
| 1 | that failure grounds for: (i) a reversal of an adjudication of | ||||||
| 2 | delinquency; (ii) a new trial; or (iii) an appeal. | ||||||
| 3 | (2.6-1) A trafficking victim, as defined by paragraph (10) | ||||||
| 4 | of subsection (a) of Section 10-9 of the Criminal Code of 2012, | ||||||
| 5 | may petition for vacation and expungement or immediate sealing | ||||||
| 6 | of his or her juvenile court records and juvenile law | ||||||
| 7 | enforcement records relating to events that resulted in the | ||||||
| 8 | victim's adjudication of delinquency for an offense if | ||||||
| 9 | committed by an adult would be a violation of the criminal laws | ||||||
| 10 | occurring before the victim's 18th birthday upon the | ||||||
| 11 | completion of his or her juvenile court sentence if his or her | ||||||
| 12 | participation in the underlying offense was a result of human | ||||||
| 13 | trafficking under Section 10-9 of the Criminal Code of 2012 or | ||||||
| 14 | a severe form of trafficking under the federal Trafficking | ||||||
| 15 | Victims Protection Act. | ||||||
| 16 | (2.7) (Blank). | ||||||
| 17 | (2.8) (Blank). | ||||||
| 18 | (3) (Blank). | ||||||
| 19 | (3.1) (Blank). | ||||||
| 20 | (3.2) (Blank). | ||||||
| 21 | (3.3) (Blank). | ||||||
| 22 | (4) (Blank). | ||||||
| 23 | (5) (Blank). | ||||||
| 24 | (5.5) Whether or not expunged, records eligible for | ||||||
| 25 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
| 26 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
| |||||||
| |||||||
| 1 | to the records. | ||||||
| 2 | (6) (Blank). | ||||||
| 3 | (6.5) The Illinois State Police or any employee of the | ||||||
| 4 | Illinois State Police shall be immune from civil or criminal | ||||||
| 5 | liability for failure to expunge any records of arrest that | ||||||
| 6 | are subject to expungement under this Section because of | ||||||
| 7 | inability to verify a record. Nothing in this Section shall | ||||||
| 8 | create Illinois State Police liability or responsibility for | ||||||
| 9 | the expungement of juvenile law enforcement records it does | ||||||
| 10 | not possess. | ||||||
| 11 | (7) (Blank). | ||||||
| 12 | (7.5) (Blank). | ||||||
| 13 | (8) The expungement of juvenile law enforcement or | ||||||
| 14 | juvenile court records under subsection (0.1), (0.2), or (0.3) | ||||||
| 15 | of this Section shall be funded by appropriation by the | ||||||
| 16 | General Assembly for that purpose. | ||||||
| 17 | (9) (Blank). | ||||||
| 18 | (10) (Blank). | ||||||
| 19 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
| 20 | 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. | ||||||
| 21 | 6-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24; 103-717, | ||||||
| 22 | eff. 1-1-25; 103-787, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 23 | Section 1060. The Criminal Code of 2012 is amended by | ||||||
| 24 | changing Sections 11-23.7, 17-11.2, and 24-2 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/11-23.7) | ||||||
| 2 | Sec. 11-23.7. Non-consensual dissemination of sexually | ||||||
| 3 | explicit digitized depictions. | ||||||
| 4 | (a) Definitions. For the purposes of this Section: | ||||||
| 5 | "Intimate parts" means the fully unclothed, partially | ||||||
| 6 | unclothed or transparently clothed genitals, pubic area, anus, | ||||||
| 7 | or if the person is female, a partially or fully exposed | ||||||
| 8 | nipple, including exposure through transparent clothing. | ||||||
| 9 | "Personal identifying information" has the meaning | ||||||
| 10 | ascribed to it in Section 16-0.1. | ||||||
| 11 | "Sexual activity" means: | ||||||
| 12 | (1) any knowing touching or fondling of the victim or | ||||||
| 13 | another person or animal, either directly or through | ||||||
| 14 | clothing, of the sex organs, anus, or breast of the victim | ||||||
| 15 | or another person or animal for the purpose of sexual | ||||||
| 16 | gratification or arousal; | ||||||
| 17 | (2) any transfer or transmission of semen upon any | ||||||
| 18 | part of the clothed or unclothed body of the victim, for | ||||||
| 19 | the purpose of sexual gratification or arousal of the | ||||||
| 20 | victim or another; | ||||||
| 21 | (3) an act of urination within a sexual context; | ||||||
| 22 | (4) any bondage, fetter, or sadism masochism; or | ||||||
| 23 | (5) sadomasochism abuse in any sexual context. | ||||||
| 24 | "Sexually explicit digitized depiction" means any image, | ||||||
| 25 | photograph, film, video, digital recording, or other depiction | ||||||
| 26 | or portrayal that has been created, altered, or otherwise | ||||||
| |||||||
| |||||||
| 1 | modified to realistically depict either: | ||||||
| 2 | (1) the intimate parts of another human being as the | ||||||
| 3 | intimate parts of the depicted individual or | ||||||
| 4 | computer-generated intimate parts as the intimate parts of | ||||||
| 5 | the depicted individual; or | ||||||
| 6 | (2) the depicted individual engaging in sexual | ||||||
| 7 | activity in which the depicted individual did not engage. | ||||||
| 8 | (b) A person commits non-consensual dissemination of | ||||||
| 9 | sexually explicit digitized depictions when the person: | ||||||
| 10 | (1) intentionally disseminates a sexually explicit | ||||||
| 11 | digitized depiction of another person who is identifiable | ||||||
| 12 | from the image itself, or whose personal identifying | ||||||
| 13 | information is displayed or disseminated in connection | ||||||
| 14 | with the image, or whose identity identify is known to the | ||||||
| 15 | person who disseminates the image; and | ||||||
| 16 | (2) knows or should have known that the person in the | ||||||
| 17 | image has not consented to the dissemination. | ||||||
| 18 | (c) The following activities are exempt from the | ||||||
| 19 | provisions of this Section: | ||||||
| 20 | (1) The intentional dissemination of an image of | ||||||
| 21 | another identifiable person who is engaged in a sexual act | ||||||
| 22 | or whose intimate parts are exposed when the dissemination | ||||||
| 23 | is made for the purpose of a criminal investigation that | ||||||
| 24 | is otherwise lawful. | ||||||
| 25 | (2) The intentional dissemination of an image of | ||||||
| 26 | another identifiable person who is engaged in a sexual act | ||||||
| |||||||
| |||||||
| 1 | or whose intimate parts are exposed when the dissemination | ||||||
| 2 | is for the purpose of, or in connection with, the | ||||||
| 3 | reporting of unlawful conduct. | ||||||
| 4 | (3) The intentional dissemination of an image of | ||||||
| 5 | another identifiable person who is engaged in a sexual act | ||||||
| 6 | or whose intimate parts are exposed when the images | ||||||
| 7 | involve voluntary exposure in public or commercial | ||||||
| 8 | settings. | ||||||
| 9 | (4) The intentional dissemination of an image of | ||||||
| 10 | another identifiable person who is engaged in a sexual act | ||||||
| 11 | or whose intimate parts are exposed when the dissemination | ||||||
| 12 | serves a lawful public purpose. | ||||||
| 13 | (d) Nothing in this Section shall be construed to impose | ||||||
| 14 | liability upon the following entities solely as a result of | ||||||
| 15 | content or information provided by another person: | ||||||
| 16 | (1) an interactive computer service, as defined in 47 | ||||||
| 17 | U.S.C. 230(f)(2); | ||||||
| 18 | (2) a provider of public mobile services or private | ||||||
| 19 | radio services, as defined in Section 13-214 of the Public | ||||||
| 20 | Utilities Act; or | ||||||
| 21 | (3) a telecommunications network or broadband | ||||||
| 22 | provider. | ||||||
| 23 | (e) A person convicted under this Section is subject to | ||||||
| 24 | the forfeiture provisions in Article 124B of the Code of | ||||||
| 25 | Criminal Procedure of 1963. | ||||||
| 26 | (f) Sentence. Non-consensual dissemination of sexually | ||||||
| |||||||
| |||||||
| 1 | explicit digitized depictions is a Class 4 felony. | ||||||
| 2 | (Source: P.A. 103-825, eff. 1-1-25; revised 10-24-24.)
| ||||||
| 3 | (720 ILCS 5/17-11.2) | ||||||
| 4 | Sec. 17-11.2. Airbag fraud. | ||||||
| 5 | (a) Definitions. In this Section: | ||||||
| 6 | "Airbag" means a motor vehicle inflatable occupant | ||||||
| 7 | restraint system device that is part of a vehicle's | ||||||
| 8 | supplemental restraint system. | ||||||
| 9 | "Counterfeit supplemental restraint system component" | ||||||
| 10 | means a replacement supplemental restraint system component, | ||||||
| 11 | including, but not limited to, an airbag, that displays a mark | ||||||
| 12 | identical to, or substantially similar to, the genuine mark of | ||||||
| 13 | a motor vehicle manufacturer or a supplier of parts to the | ||||||
| 14 | manufacturer of a motor vehicle without authorization from | ||||||
| 15 | that manufacturer or supplier, respectively. | ||||||
| 16 | "Non-functional airbag" means a replacement airbag that | ||||||
| 17 | meets any of the following criteria: | ||||||
| 18 | (1) the airbag was previously deployed or damaged; | ||||||
| 19 | (2) the airbag has an electric fault that is detected | ||||||
| 20 | by the vehicle's diagnostic system when the installation | ||||||
| 21 | procedure is completed and the vehicle is returned to the | ||||||
| 22 | customer who requested the work to be performed or when | ||||||
| 23 | ownership is intended to be transferred; | ||||||
| 24 | (3) the airbag includes a part or object, including a | ||||||
| 25 | supplemental restraint system component, that is installed | ||||||
| |||||||
| |||||||
| 1 | in a motor vehicle to mislead the owner or operator of the | ||||||
| 2 | motor vehicle into believing that a functional airbag has | ||||||
| 3 | been installed; or | ||||||
| 4 | (4) the airbag is subject to the provisions of 49 | ||||||
| 5 | U.S.C. 30120(j). | ||||||
| 6 | "Supplemental restraint system" means a passive inflatable | ||||||
| 7 | motor vehicle occupant crash protection system designed for | ||||||
| 8 | use in conjunction with a seat belt assembly as defined in 49 | ||||||
| 9 | CFR 571.209. "Supplemental restraint system" includes one or | ||||||
| 10 | more airbags and all components required to ensure that an | ||||||
| 11 | airbag air bag works as designed by the vehicle manufacturer, | ||||||
| 12 | including both of the following: | ||||||
| 13 | (1) the airbag operates as designed in the event of a | ||||||
| 14 | crash; and | ||||||
| 15 | (2) the airbag is designed to meet federal motor | ||||||
| 16 | vehicle safety standards for the specific make, model, and | ||||||
| 17 | year of the vehicle in which it is or will be installed. | ||||||
| 18 | (b) A person commits airbag fraud when he or she, for | ||||||
| 19 | consideration, knowingly: | ||||||
| 20 | (1) imports, manufactures, sells, offers for sale, | ||||||
| 21 | installs, or reinstalls in a vehicle a counterfeit | ||||||
| 22 | supplemental restraint system component, a non-functional | ||||||
| 23 | airbag, or an object that does not comply with federal | ||||||
| 24 | safety regulations for the make, model, and year of the | ||||||
| 25 | vehicle in which it is or will be installed; | ||||||
| 26 | (2) sells, offers for sale, installs, or reinstalls in | ||||||
| |||||||
| |||||||
| 1 | any motor vehicle a device that causes a motor vehicle's | ||||||
| 2 | diagnostic system to inaccurately indicate that the motor | ||||||
| 3 | vehicle is equipped with a properly functioning airbag; or | ||||||
| 4 | (3) sells, leases, trades, or transfers a motor | ||||||
| 5 | vehicle if the person knows that a counterfeit | ||||||
| 6 | supplemental restraint system component, a non-functional | ||||||
| 7 | airbag, or an object that does not comply with federal | ||||||
| 8 | safety regulations for the make, model, and year of the | ||||||
| 9 | vehicle as part of a vehicle inflatable restraint system. | ||||||
| 10 | (c) This Section does not apply to an owner or employee of | ||||||
| 11 | a motor vehicle dealership or the owner of a vehicle, who, | ||||||
| 12 | before the sale of the vehicle, does not have knowledge that | ||||||
| 13 | the vehicle's airbag, or another component of the vehicle's | ||||||
| 14 | supplemental restraint system, is counterfeit or | ||||||
| 15 | non-functioning. | ||||||
| 16 | (d) Sentence. A violation of this Section is a Class A | ||||||
| 17 | misdemeanor. | ||||||
| 18 | (Source: P.A. 103-900, eff. 8-9-24; revised 10-21-24.)
| ||||||
| 19 | (720 ILCS 5/24-2) | ||||||
| 20 | Sec. 24-2. Exemptions. | ||||||
| 21 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
| 22 | 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of | ||||||
| 23 | the following: | ||||||
| 24 | (1) Peace officers, and any person summoned by a peace | ||||||
| 25 | officer to assist in making arrests or preserving the | ||||||
| |||||||
| |||||||
| 1 | peace, while actually engaged in assisting such officer. | ||||||
| 2 | (2) Wardens, superintendents, and keepers of prisons, | ||||||
| 3 | penitentiaries, jails, and other institutions for the | ||||||
| 4 | detention of persons accused or convicted of an offense, | ||||||
| 5 | while in the performance of their official duty, or while | ||||||
| 6 | commuting between their homes and places of employment. | ||||||
| 7 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| 8 | the United States or the Illinois National Guard or the | ||||||
| 9 | Reserve Officers Training Corps, while in the performance | ||||||
| 10 | of their official duty. | ||||||
| 11 | (4) Special agents employed by a railroad or a public | ||||||
| 12 | utility to perform police functions, and guards of armored | ||||||
| 13 | car companies, while actually engaged in the performance | ||||||
| 14 | of the duties of their employment or commuting between | ||||||
| 15 | their homes and places of employment; and watchmen while | ||||||
| 16 | actually engaged in the performance of the duties of their | ||||||
| 17 | employment. | ||||||
| 18 | (5) Persons licensed as private security contractors, | ||||||
| 19 | private detectives, or private alarm contractors, or | ||||||
| 20 | employed by a private security contractor, private | ||||||
| 21 | detective, or private alarm contractor agency licensed by | ||||||
| 22 | the Department of Financial and Professional Regulation, | ||||||
| 23 | if their duties include the carrying of a weapon under the | ||||||
| 24 | provisions of the Private Detective, Private Alarm, | ||||||
| 25 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 26 | 2004, while actually engaged in the performance of the | ||||||
| |||||||
| |||||||
| 1 | duties of their employment or commuting between their | ||||||
| 2 | homes and places of employment. A person shall be | ||||||
| 3 | considered eligible for this exemption if he or she has | ||||||
| 4 | completed the required 20 hours of training for a private | ||||||
| 5 | security contractor, private detective, or private alarm | ||||||
| 6 | contractor, or employee of a licensed private security | ||||||
| 7 | contractor, private detective, or private alarm contractor | ||||||
| 8 | agency and 28 hours of required firearm training, and has | ||||||
| 9 | been issued a firearm control card by the Department of | ||||||
| 10 | Financial and Professional Regulation. Conditions for the | ||||||
| 11 | renewal of firearm control cards issued under the | ||||||
| 12 | provisions of this Section shall be the same as for those | ||||||
| 13 | cards issued under the provisions of the Private | ||||||
| 14 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
| 15 | Vendor, and Locksmith Act of 2004. The firearm control | ||||||
| 16 | card shall be carried by the private security contractor, | ||||||
| 17 | private detective, or private alarm contractor, or | ||||||
| 18 | employee of the licensed private security contractor, | ||||||
| 19 | private detective, or private alarm contractor agency at | ||||||
| 20 | all times when he or she is in possession of a concealable | ||||||
| 21 | weapon permitted by his or her firearm control card. | ||||||
| 22 | (6) Any person regularly employed in a commercial or | ||||||
| 23 | industrial operation as a security guard for the | ||||||
| 24 | protection of persons employed and private property | ||||||
| 25 | related to such commercial or industrial operation, while | ||||||
| 26 | actually engaged in the performance of his or her duty or | ||||||
| |||||||
| |||||||
| 1 | traveling between sites or properties belonging to the | ||||||
| 2 | employer, and who, as a security guard, is a member of a | ||||||
| 3 | security force registered with the Department of Financial | ||||||
| 4 | and Professional Regulation; provided that such security | ||||||
| 5 | guard has successfully completed a course of study, | ||||||
| 6 | approved by and supervised by the Department of Financial | ||||||
| 7 | and Professional Regulation, consisting of not less than | ||||||
| 8 | 48 hours of training that includes the theory of law | ||||||
| 9 | enforcement, liability for acts, and the handling of | ||||||
| 10 | weapons. A person shall be considered eligible for this | ||||||
| 11 | exemption if he or she has completed the required 20 hours | ||||||
| 12 | of training for a security officer and 28 hours of | ||||||
| 13 | required firearm training, and has been issued a firearm | ||||||
| 14 | control card by the Department of Financial and | ||||||
| 15 | Professional Regulation. Conditions for the renewal of | ||||||
| 16 | firearm control cards issued under the provisions of this | ||||||
| 17 | Section shall be the same as for those cards issued under | ||||||
| 18 | the provisions of the Private Detective, Private Alarm, | ||||||
| 19 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
| 20 | 2004. The firearm control card shall be carried by the | ||||||
| 21 | security guard at all times when he or she is in possession | ||||||
| 22 | of a concealable weapon permitted by his or her firearm | ||||||
| 23 | control card. | ||||||
| 24 | (7) Agents and investigators of the Illinois | ||||||
| 25 | Legislative Investigating Commission authorized by the | ||||||
| 26 | Commission to carry the weapons specified in subsections | ||||||
| |||||||
| |||||||
| 1 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of | ||||||
| 2 | any investigation for the Commission. | ||||||
| 3 | (8) Persons employed by a financial institution as a | ||||||
| 4 | security guard for the protection of other employees and | ||||||
| 5 | property related to such financial institution, while | ||||||
| 6 | actually engaged in the performance of their duties, | ||||||
| 7 | commuting between their homes and places of employment, or | ||||||
| 8 | traveling between sites or properties owned or operated by | ||||||
| 9 | such financial institution, and who, as a security guard, | ||||||
| 10 | is a member of a security force registered with the | ||||||
| 11 | Department; provided that any person so employed has | ||||||
| 12 | successfully completed a course of study, approved by and | ||||||
| 13 | supervised by the Department of Financial and Professional | ||||||
| 14 | Regulation, consisting of not less than 48 hours of | ||||||
| 15 | training which includes theory of law enforcement, | ||||||
| 16 | liability for acts, and the handling of weapons. A person | ||||||
| 17 | shall be considered to be eligible for this exemption if | ||||||
| 18 | he or she has completed the required 20 hours of training | ||||||
| 19 | for a security officer and 28 hours of required firearm | ||||||
| 20 | training, and has been issued a firearm control card by | ||||||
| 21 | the Department of Financial and Professional Regulation. | ||||||
| 22 | Conditions for renewal of firearm control cards issued | ||||||
| 23 | under the provisions of this Section shall be the same as | ||||||
| 24 | for those issued under the provisions of the Private | ||||||
| 25 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
| 26 | Vendor, and Locksmith Act of 2004. The firearm control | ||||||
| |||||||
| |||||||
| 1 | card shall be carried by the security guard at all times | ||||||
| 2 | when he or she is in possession of a concealable weapon | ||||||
| 3 | permitted by his or her firearm control card. For purposes | ||||||
| 4 | of this subsection, "financial institution" means a bank, | ||||||
| 5 | savings and loan association, credit union, or company | ||||||
| 6 | providing armored car services. | ||||||
| 7 | (9) Any person employed by an armored car company to | ||||||
| 8 | drive an armored car, while actually engaged in the | ||||||
| 9 | performance of his duties. | ||||||
| 10 | (10) Persons who have been classified as peace | ||||||
| 11 | officers pursuant to the Peace Officer Fire Investigation | ||||||
| 12 | Act. | ||||||
| 13 | (11) Investigators of the Office of the State's | ||||||
| 14 | Attorneys Appellate Prosecutor authorized by the board of | ||||||
| 15 | governors of the Office of the State's Attorneys Appellate | ||||||
| 16 | Prosecutor to carry weapons pursuant to Section 7.06 of | ||||||
| 17 | the State's Attorneys Appellate Prosecutor's Act. | ||||||
| 18 | (12) Special investigators appointed by a State's | ||||||
| 19 | Attorney under Section 3-9005 of the Counties Code. | ||||||
| 20 | (12.5) Probation officers while in the performance of | ||||||
| 21 | their duties, or while commuting between their homes, | ||||||
| 22 | places of employment or specific locations that are part | ||||||
| 23 | of their assigned duties, with the consent of the chief | ||||||
| 24 | judge of the circuit for which they are employed, if they | ||||||
| 25 | have received weapons training according to requirements | ||||||
| 26 | of the Peace Officer and Probation Officer Firearm | ||||||
| |||||||
| |||||||
| 1 | Training Act. | ||||||
| 2 | (13) Court security officers Security Officers while | ||||||
| 3 | in the performance of their official duties, or while | ||||||
| 4 | commuting between their homes and places of employment, | ||||||
| 5 | with the consent of the sheriff Sheriff. | ||||||
| 6 | (13.5) A person employed as an armed security guard at | ||||||
| 7 | a nuclear energy, storage, weapons, or development site or | ||||||
| 8 | facility regulated by the Nuclear Regulatory Commission | ||||||
| 9 | who has completed the background screening and training | ||||||
| 10 | mandated by the rules and regulations of the Nuclear | ||||||
| 11 | Regulatory Commission. | ||||||
| 12 | (14) Manufacture, transportation, or sale of weapons | ||||||
| 13 | to persons authorized under subdivisions (1) through | ||||||
| 14 | (13.5) of this subsection to possess those weapons. | ||||||
| 15 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 16 | to or affect any person carrying a concealed pistol, revolver, | ||||||
| 17 | or handgun and the person has been issued a currently valid | ||||||
| 18 | license under the Firearm Concealed Carry Act at the time of | ||||||
| 19 | the commission of the offense. | ||||||
| 20 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
| 21 | to or affect a qualified current or retired law enforcement | ||||||
| 22 | officer or a current or retired deputy, county correctional | ||||||
| 23 | officer, or correctional officer of the Department of | ||||||
| 24 | Corrections qualified under the laws of this State or under | ||||||
| 25 | the federal Law Enforcement Officers Safety Act. | ||||||
| 26 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
| |||||||
| |||||||
| 1 | 24-1.6 do not apply to or affect any of the following: | ||||||
| 2 | (1) Members of any club or organization organized for | ||||||
| 3 | the purpose of practicing shooting at targets upon | ||||||
| 4 | established target ranges, whether public or private, and | ||||||
| 5 | patrons of such ranges, while such members or patrons are | ||||||
| 6 | using their firearms on those target ranges. | ||||||
| 7 | (2) Duly authorized military or civil organizations | ||||||
| 8 | while parading, with the special permission of the | ||||||
| 9 | Governor. | ||||||
| 10 | (3) Hunters, trappers, or fishermen while engaged in | ||||||
| 11 | lawful hunting, trapping, or fishing under the provisions | ||||||
| 12 | of the Wildlife Code or the Fish and Aquatic Life Code. | ||||||
| 13 | (4) Transportation of weapons that are broken down in | ||||||
| 14 | a non-functioning state or are not immediately accessible. | ||||||
| 15 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
| 16 | gun or taser or other firearm on the land or in the legal | ||||||
| 17 | dwelling of another person as an invitee with that | ||||||
| 18 | person's permission. | ||||||
| 19 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
| 20 | of the following: | ||||||
| 21 | (1) Peace officers while in performance of their | ||||||
| 22 | official duties. | ||||||
| 23 | (2) Wardens, superintendents, and keepers of prisons, | ||||||
| 24 | penitentiaries, jails, and other institutions for the | ||||||
| 25 | detention of persons accused or convicted of an offense. | ||||||
| 26 | (3) Members of the Armed Services or Reserve Forces of | ||||||
| |||||||
| |||||||
| 1 | the United States or the Illinois National Guard, while in | ||||||
| 2 | the performance of their official duty. | ||||||
| 3 | (4) Manufacture, transportation, or sale of machine | ||||||
| 4 | guns to persons authorized under subdivisions (1) through | ||||||
| 5 | (3) of this subsection to possess machine guns, if the | ||||||
| 6 | machine guns are broken down in a non-functioning state or | ||||||
| 7 | are not immediately accessible. | ||||||
| 8 | (5) Persons licensed under federal law to manufacture | ||||||
| 9 | any weapon from which 8 or more shots or bullets can be | ||||||
| 10 | discharged by a single function of the firing device, or | ||||||
| 11 | ammunition for such weapons, and actually engaged in the | ||||||
| 12 | business of manufacturing such weapons or ammunition, but | ||||||
| 13 | only with respect to activities which are within the | ||||||
| 14 | lawful scope of such business, such as the manufacture, | ||||||
| 15 | transportation, or testing of such weapons or ammunition. | ||||||
| 16 | This exemption does not authorize the general private | ||||||
| 17 | possession of any weapon from which 8 or more shots or | ||||||
| 18 | bullets can be discharged by a single function of the | ||||||
| 19 | firing device, but only such possession and activities as | ||||||
| 20 | are within the lawful scope of a licensed manufacturing | ||||||
| 21 | business described in this paragraph. | ||||||
| 22 | During transportation, such weapons shall be broken | ||||||
| 23 | down in a non-functioning state or not immediately | ||||||
| 24 | accessible. | ||||||
| 25 | (6) The manufacture, transport, testing, delivery, | ||||||
| 26 | transfer, or sale, and all lawful commercial or | ||||||
| |||||||
| |||||||
| 1 | experimental activities necessary thereto, of rifles, | ||||||
| 2 | shotguns, and weapons made from rifles or shotguns, or | ||||||
| 3 | ammunition for such rifles, shotguns, or weapons, where | ||||||
| 4 | engaged in by a person operating as a contractor or | ||||||
| 5 | subcontractor pursuant to a contract or subcontract for | ||||||
| 6 | the development and supply of such rifles, shotguns, | ||||||
| 7 | weapons, or ammunition to the United States government or | ||||||
| 8 | any branch of the Armed Forces of the United States, when | ||||||
| 9 | such activities are necessary and incident to fulfilling | ||||||
| 10 | the terms of such contract. | ||||||
| 11 | The exemption granted under this subdivision (c)(6) | ||||||
| 12 | shall also apply to any authorized agent of any such | ||||||
| 13 | contractor or subcontractor who is operating within the | ||||||
| 14 | scope of his employment, where such activities involving | ||||||
| 15 | such weapon, weapons, or ammunition are necessary and | ||||||
| 16 | incident to fulfilling the terms of such contract. | ||||||
| 17 | (7) A person possessing a rifle with a barrel or | ||||||
| 18 | barrels less than 16 inches in length if: (A) the person | ||||||
| 19 | has been issued a Curios and Relics license from the U.S. | ||||||
| 20 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
| 21 | (B) the person is an active member of a bona fide, | ||||||
| 22 | nationally recognized military re-enacting group and the | ||||||
| 23 | modification is required and necessary to accurately | ||||||
| 24 | portray the weapon for historical re-enactment purposes; | ||||||
| 25 | the re-enactor is in possession of a valid and current | ||||||
| 26 | re-enacting group membership credential; and the overall | ||||||
| |||||||
| |||||||
| 1 | length of the weapon as modified is not less than 26 | ||||||
| 2 | inches. | ||||||
| 3 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
| 4 | possession or carrying of a black-jack or slung-shot by a | ||||||
| 5 | peace officer. | ||||||
| 6 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
| 7 | manager, or authorized employee of any place specified in that | ||||||
| 8 | subsection nor to any law enforcement officer. | ||||||
| 9 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
| 10 | Section 24-1.6 do not apply to members of any club or | ||||||
| 11 | organization organized for the purpose of practicing shooting | ||||||
| 12 | at targets upon established target ranges, whether public or | ||||||
| 13 | private, while using their firearms on those target ranges. | ||||||
| 14 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
| 15 | to: | ||||||
| 16 | (1) Members of the Armed Services or Reserve Forces of | ||||||
| 17 | the United States or the Illinois National Guard, while in | ||||||
| 18 | the performance of their official duty. | ||||||
| 19 | (2) Bonafide collectors of antique or surplus military | ||||||
| 20 | ordnance. | ||||||
| 21 | (3) Laboratories having a department of forensic | ||||||
| 22 | ballistics, or specializing in the development of | ||||||
| 23 | ammunition or explosive ordnance. | ||||||
| 24 | (4) Commerce, preparation, assembly, or possession of | ||||||
| 25 | explosive bullets by manufacturers of ammunition licensed | ||||||
| 26 | by the federal government, in connection with the supply | ||||||
| |||||||
| |||||||
| 1 | of those organizations and persons exempted by subdivision | ||||||
| 2 | (g)(1) of this Section, or like organizations and persons | ||||||
| 3 | outside this State, or the transportation of explosive | ||||||
| 4 | bullets to any organization or person exempted in this | ||||||
| 5 | Section by a common carrier or by a vehicle owned or leased | ||||||
| 6 | by an exempted manufacturer. | ||||||
| 7 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
| 8 | persons licensed under federal law to manufacture any device | ||||||
| 9 | or attachment of any kind designed, used, or intended for use | ||||||
| 10 | in silencing the report of any firearm, firearms, or | ||||||
| 11 | ammunition for those firearms equipped with those devices, and | ||||||
| 12 | actually engaged in the business of manufacturing those | ||||||
| 13 | devices, firearms, or ammunition, but only with respect to | ||||||
| 14 | activities that are within the lawful scope of that business, | ||||||
| 15 | such as the manufacture, transportation, or testing of those | ||||||
| 16 | devices, firearms, or ammunition. This exemption does not | ||||||
| 17 | authorize the general private possession of any device or | ||||||
| 18 | attachment of any kind designed, used, or intended for use in | ||||||
| 19 | silencing the report of any firearm, but only such possession | ||||||
| 20 | and activities as are within the lawful scope of a licensed | ||||||
| 21 | manufacturing business described in this subsection (g-5). | ||||||
| 22 | During transportation, these devices shall be detached from | ||||||
| 23 | any weapon or not immediately accessible. | ||||||
| 24 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
| 25 | 24-1.6 do not apply to or affect any parole agent or parole | ||||||
| 26 | supervisor who meets the qualifications and conditions | ||||||
| |||||||
| |||||||
| 1 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
| 2 | Corrections. | ||||||
| 3 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
| 4 | officer while serving as a member of a tactical response team | ||||||
| 5 | or special operations team. A peace officer may not personally | ||||||
| 6 | own or apply for ownership of a device or attachment of any | ||||||
| 7 | kind designed, used, or intended for use in silencing the | ||||||
| 8 | report of any firearm. These devices shall be owned and | ||||||
| 9 | maintained by lawfully recognized units of government whose | ||||||
| 10 | duties include the investigation of criminal acts. | ||||||
| 11 | (g-10) (Blank). | ||||||
| 12 | (h) An information or indictment based upon a violation of | ||||||
| 13 | any subsection of this Article need not negate negative any | ||||||
| 14 | exemptions contained in this Article. The defendant shall have | ||||||
| 15 | the burden of proving such an exemption. | ||||||
| 16 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
| 17 | affect the transportation, carrying, or possession, of any | ||||||
| 18 | pistol or revolver, stun gun, taser, or other firearm | ||||||
| 19 | consigned to a common carrier operating under license of the | ||||||
| 20 | State of Illinois or the federal government, where such | ||||||
| 21 | transportation, carrying, or possession is incident to the | ||||||
| 22 | lawful transportation in which such common carrier is engaged; | ||||||
| 23 | and nothing in this Article shall prohibit, apply to, or | ||||||
| 24 | affect the transportation, carrying, or possession of any | ||||||
| 25 | pistol, revolver, stun gun, taser, or other firearm, not the | ||||||
| 26 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
| |||||||
| |||||||
| 1 | subsection 24-2(c) of this Article, which is unloaded and | ||||||
| 2 | enclosed in a case, firearm carrying box, shipping box, or | ||||||
| 3 | other container, by the possessor of a valid Firearm Owners | ||||||
| 4 | Identification Card. | ||||||
| 5 | (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; | ||||||
| 6 | 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised | ||||||
| 7 | 7-22-24.)
| ||||||
| 8 | Section 1065. The Illinois Controlled Substances Act is | ||||||
| 9 | amended by changing Section 410 as follows:
| ||||||
| 10 | (720 ILCS 570/410) | ||||||
| 11 | Sec. 410. (a) Whenever any person who has not previously | ||||||
| 12 | been convicted of any felony offense under this Act or any law | ||||||
| 13 | of the United States or of any State relating to cannabis or | ||||||
| 14 | controlled substances, pleads guilty to or is found guilty of | ||||||
| 15 | possession of a controlled or counterfeit substance under | ||||||
| 16 | subsection (c) of Section 402 or of unauthorized possession of | ||||||
| 17 | prescription form under Section 406.2, the court, without | ||||||
| 18 | entering a judgment and with the consent of such person, may | ||||||
| 19 | sentence him or her to probation. A sentence under this | ||||||
| 20 | Section shall not be considered a conviction under Illinois | ||||||
| 21 | law unless and until judgment is entered under subsection (e) | ||||||
| 22 | of this Section. | ||||||
| 23 | (b) When a person is placed on probation, the court shall | ||||||
| 24 | enter an order specifying a period of probation of 24 months | ||||||
| |||||||
| |||||||
| 1 | and shall defer further proceedings in the case until the | ||||||
| 2 | conclusion of the period or until the filing of a petition | ||||||
| 3 | alleging violation of a term or condition of probation. | ||||||
| 4 | (c) The conditions of probation shall be that the person: | ||||||
| 5 | (1) not violate any criminal statute of any jurisdiction; (2) | ||||||
| 6 | refrain from possessing a firearm or other dangerous weapon; | ||||||
| 7 | (3) submit to periodic drug testing at a time and in a manner | ||||||
| 8 | as ordered by the court, but no less than 3 times during the | ||||||
| 9 | period of the probation, with the cost of the testing to be | ||||||
| 10 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
| 11 | of community service, provided community service is available | ||||||
| 12 | in the jurisdiction and is funded and approved by the county | ||||||
| 13 | board. The court may give credit toward the fulfillment of | ||||||
| 14 | community service hours for participation in activities and | ||||||
| 15 | treatment as determined by court services. | ||||||
| 16 | (d) The court may, in addition to other conditions, | ||||||
| 17 | require that the person: | ||||||
| 18 | (1) make a report to and appear in person before or | ||||||
| 19 | participate with the court or such courts, person, or | ||||||
| 20 | social service agency as directed by the court in the | ||||||
| 21 | order of probation; | ||||||
| 22 | (2) pay a fine and costs; | ||||||
| 23 | (3) work or pursue a course of study or vocational | ||||||
| 24 | training; | ||||||
| 25 | (4) undergo medical or psychiatric treatment; or | ||||||
| 26 | treatment or rehabilitation approved by the Illinois | ||||||
| |||||||
| |||||||
| 1 | Department of Human Services; | ||||||
| 2 | (5) attend or reside in a facility established for the | ||||||
| 3 | instruction or residence of defendants on probation; | ||||||
| 4 | (6) support his or her dependents; | ||||||
| 5 | (6-5) refrain from having in his or her body the | ||||||
| 6 | presence of any illicit drug prohibited by the Cannabis | ||||||
| 7 | Control Act, the Illinois Controlled Substances Act, or | ||||||
| 8 | the Methamphetamine Control and Community Protection Act, | ||||||
| 9 | unless prescribed by a physician, and submit samples of | ||||||
| 10 | his or her blood or urine or both for tests to determine | ||||||
| 11 | the presence of any illicit drug; | ||||||
| 12 | (7) and in addition, if a minor: | ||||||
| 13 | (i) reside with his or her parents or in a foster | ||||||
| 14 | home; | ||||||
| 15 | (ii) attend school; | ||||||
| 16 | (iii) attend a non-residential program for youth; | ||||||
| 17 | (iv) contribute to his or her own support at home | ||||||
| 18 | or in a foster home. | ||||||
| 19 | (e) Upon violation of a term or condition of probation, | ||||||
| 20 | the court may enter a judgment on its original finding of guilt | ||||||
| 21 | and proceed as otherwise provided. | ||||||
| 22 | (f) Upon fulfillment of the terms and conditions of | ||||||
| 23 | probation, the court shall discharge the person and dismiss | ||||||
| 24 | the proceedings against him or her. | ||||||
| 25 | (g) A disposition of probation is considered to be a | ||||||
| 26 | conviction for the purposes of imposing the conditions of | ||||||
| |||||||
| |||||||
| 1 | probation and for appeal, however, a sentence under this | ||||||
| 2 | Section is not a conviction for purposes of this Act or for | ||||||
| 3 | purposes of disqualifications or disabilities imposed by law | ||||||
| 4 | upon conviction of a crime unless and until judgment is | ||||||
| 5 | entered. | ||||||
| 6 | (h) A person may not have more than one discharge and | ||||||
| 7 | dismissal under this Section within a 4-year period. | ||||||
| 8 | (i) If a person is convicted of an offense under this Act, | ||||||
| 9 | the Cannabis Control Act, or the Methamphetamine Control and | ||||||
| 10 | Community Protection Act within 5 years subsequent to a | ||||||
| 11 | discharge and dismissal under this Section, the discharge and | ||||||
| 12 | dismissal under this Section shall be admissible in the | ||||||
| 13 | sentencing proceeding for that conviction as evidence in | ||||||
| 14 | aggravation. | ||||||
| 15 | (j) Notwithstanding subsection (a), before a person is | ||||||
| 16 | sentenced to probation under this Section, the court may refer | ||||||
| 17 | the person to the drug court established in that judicial | ||||||
| 18 | circuit pursuant to Section 15 of the Drug Court Treatment | ||||||
| 19 | Act. The drug court team shall evaluate the person's | ||||||
| 20 | likelihood of successfully completing a sentence of probation | ||||||
| 21 | under this Section and shall report the results of its | ||||||
| 22 | evaluation to the court. If the drug court team finds that the | ||||||
| 23 | person suffers from a substance use disorder that makes him or | ||||||
| 24 | her substantially unlikely to successfully complete a sentence | ||||||
| 25 | of probation under this Section, then the drug court shall set | ||||||
| 26 | forth its findings in the form of a written order, and the | ||||||
| |||||||
| |||||||
| 1 | person shall not be sentenced to probation under this Section, | ||||||
| 2 | but shall be considered for the drug court program. | ||||||
| 3 | (Source: P.A. 103-702, eff. 1-1-25; 103-881, eff. 1-1-25; | ||||||
| 4 | revised 11-26-24.)
| ||||||
| 5 | Section 1070. The Drug Paraphernalia Control Act is | ||||||
| 6 | amended by changing Section 2 as follows:
| ||||||
| 7 | (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102) | ||||||
| 8 | Sec. 2. As used in this Act, unless the context otherwise | ||||||
| 9 | requires: | ||||||
| 10 | (a) The term "cannabis" shall have the meaning ascribed to | ||||||
| 11 | it in Section 3 of the Cannabis Control Act, as if that | ||||||
| 12 | definition were incorporated herein. | ||||||
| 13 | (b) The term "controlled substance" shall have the meaning | ||||||
| 14 | ascribed to it in Section 102 of the Illinois Controlled | ||||||
| 15 | Substances Act, as if that definition were incorporated | ||||||
| 16 | herein. | ||||||
| 17 | (c) "Deliver" or "delivery" means the actual, | ||||||
| 18 | constructive, or attempted transfer of possession, with or | ||||||
| 19 | without consideration, whether or not there is an agency | ||||||
| 20 | relationship. | ||||||
| 21 | (d) "Drug paraphernalia" means all equipment, products, | ||||||
| 22 | and materials of any kind, other than methamphetamine | ||||||
| 23 | manufacturing materials as defined in Section 10 of the | ||||||
| 24 | Methamphetamine Control and Community Protection Act and | ||||||
| |||||||
| |||||||
| 1 | cannabis paraphernalia as defined in Section 1-10 of the | ||||||
| 2 | Cannabis Regulation and Tax Act, which are intended to be used | ||||||
| 3 | unlawfully in planting, propagating, cultivating, growing, | ||||||
| 4 | harvesting, manufacturing, compounding, converting, | ||||||
| 5 | producing, processing, preparing, testing, analyzing, | ||||||
| 6 | packaging, repackaging, storing, containing, concealing, | ||||||
| 7 | injecting, ingesting, inhaling, or otherwise introducing into | ||||||
| 8 | the human body a controlled substance in violation of the | ||||||
| 9 | Illinois Controlled Substances Act or the Methamphetamine | ||||||
| 10 | Control and Community Protection Act or a synthetic drug | ||||||
| 11 | product or misbranded drug in violation of the Illinois Food, | ||||||
| 12 | Drug and Cosmetic Act. It includes, but is not limited to: | ||||||
| 13 | (1) kits intended to be used unlawfully in | ||||||
| 14 | manufacturing, compounding, converting, producing, | ||||||
| 15 | processing, or preparing a controlled substance; | ||||||
| 16 | (2) isomerization devices intended to be used | ||||||
| 17 | unlawfully in increasing the potency of any species of | ||||||
| 18 | plant which is a controlled substance; | ||||||
| 19 | (3) testing equipment intended to be used unlawfully | ||||||
| 20 | in a private home for identifying or in analyzing the | ||||||
| 21 | strength, effectiveness, or purity of controlled | ||||||
| 22 | substances; | ||||||
| 23 | (4) diluents and adulterants intended to be used | ||||||
| 24 | unlawfully for cutting a controlled substance by private | ||||||
| 25 | persons; | ||||||
| 26 | (5) objects intended to be used unlawfully in | ||||||
| |||||||
| |||||||
| 1 | ingesting, inhaling, or otherwise introducing cocaine or a | ||||||
| 2 | synthetic drug product or misbranded drug in violation of | ||||||
| 3 | the Illinois Food, Drug and Cosmetic Act into the human | ||||||
| 4 | body including, where applicable, the following items: | ||||||
| 5 | (A) water pipes; | ||||||
| 6 | (B) carburetion tubes and devices; | ||||||
| 7 | (C) smoking and carburetion masks; | ||||||
| 8 | (D) miniature cocaine spoons and cocaine vials; | ||||||
| 9 | (E) carburetor pipes; | ||||||
| 10 | (F) electric pipes; | ||||||
| 11 | (G) air-driven pipes; | ||||||
| 12 | (H) chillums; | ||||||
| 13 | (I) bongs; | ||||||
| 14 | (J) ice pipes or chillers; | ||||||
| 15 | (6) any item whose purpose, as announced or described | ||||||
| 16 | by the seller, is for use in violation of this Act. | ||||||
| 17 | "Drug paraphernalia" does not include equipment, products, | ||||||
| 18 | or materials to analyze or test for the presence of fentanyl, a | ||||||
| 19 | fentanyl analog analogue, or a drug adulterant within a | ||||||
| 20 | controlled substance. | ||||||
| 21 | (Source: P.A. 103-336, eff. 1-1-24; revised 7-22-24.)
| ||||||
| 22 | Section 1075. The Code of Criminal Procedure of 1963 is | ||||||
| 23 | amended by changing Section 110-6.1 as follows:
| ||||||
| 24 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1) | ||||||
| |||||||
| |||||||
| 1 | Sec. 110-6.1. Denial of pretrial release. | ||||||
| 2 | (a) Upon verified petition by the State, the court shall | ||||||
| 3 | hold a hearing and may deny a defendant pretrial release only | ||||||
| 4 | if: | ||||||
| 5 | (1) the defendant is charged with a felony offense | ||||||
| 6 | other than a forcible felony for which, based on the | ||||||
| 7 | charge or the defendant's criminal history, a sentence of | ||||||
| 8 | imprisonment, without probation, periodic imprisonment, or | ||||||
| 9 | conditional discharge, is required by law upon conviction, | ||||||
| 10 | and it is alleged that the defendant's pretrial release | ||||||
| 11 | poses a real and present threat to the safety of any person | ||||||
| 12 | or persons or the community, based on the specific | ||||||
| 13 | articulable facts of the case; | ||||||
| 14 | (1.5) the defendant's pretrial release poses a real | ||||||
| 15 | and present threat to the safety of any person or persons | ||||||
| 16 | or the community, based on the specific articulable facts | ||||||
| 17 | of the case, and the defendant is charged with a forcible | ||||||
| 18 | felony, which as used in this Section, means treason, | ||||||
| 19 | first degree murder, second degree murder, predatory | ||||||
| 20 | criminal sexual assault of a child, aggravated criminal | ||||||
| 21 | sexual assault, criminal sexual assault, armed robbery, | ||||||
| 22 | aggravated robbery, robbery, burglary where there is use | ||||||
| 23 | of force against another person, residential burglary, | ||||||
| 24 | home invasion, vehicular invasion, aggravated arson, | ||||||
| 25 | arson, aggravated kidnaping, kidnaping, aggravated battery | ||||||
| 26 | resulting in great bodily harm or permanent disability or | ||||||
| |||||||
| |||||||
| 1 | disfigurement, or any other felony which involves the | ||||||
| 2 | threat of or infliction of great bodily harm or permanent | ||||||
| 3 | disability or disfigurement; | ||||||
| 4 | (2) the defendant is charged with stalking or | ||||||
| 5 | aggravated stalking, and it is alleged that the | ||||||
| 6 | defendant's pre-trial release poses a real and present | ||||||
| 7 | threat to the safety of a victim of the alleged offense, | ||||||
| 8 | and denial of release is necessary to prevent fulfillment | ||||||
| 9 | of the threat upon which the charge is based; | ||||||
| 10 | (3) the defendant is charged with a violation of an | ||||||
| 11 | order of protection issued under Section 112A-14 of this | ||||||
| 12 | Code or Section 214 of the Illinois Domestic Violence Act | ||||||
| 13 | of 1986, a stalking no contact order under Section 80 of | ||||||
| 14 | the Stalking No Contact Order Act, or of a civil no contact | ||||||
| 15 | order under Section 213 of the Civil No Contact Order Act, | ||||||
| 16 | and it is alleged that the defendant's pretrial release | ||||||
| 17 | poses a real and present threat to the safety of any person | ||||||
| 18 | or persons or the community, based on the specific | ||||||
| 19 | articulable facts of the case; | ||||||
| 20 | (4) the defendant is charged with domestic battery or | ||||||
| 21 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
| 22 | of the Criminal Code of 2012 and it is alleged that the | ||||||
| 23 | defendant's pretrial release poses a real and present | ||||||
| 24 | threat to the safety of any person or persons or the | ||||||
| 25 | community, based on the specific articulable facts of the | ||||||
| 26 | case; | ||||||
| |||||||
| |||||||
| 1 | (5) the defendant is charged with any offense under | ||||||
| 2 | Article 11 of the Criminal Code of 2012, except for | ||||||
| 3 | Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, | ||||||
| 4 | 11-40, and 11-45 of the Criminal Code of 2012, or similar | ||||||
| 5 | provisions of the Criminal Code of 1961 and it is alleged | ||||||
| 6 | that the defendant's pretrial release poses a real and | ||||||
| 7 | present threat to the safety of any person or persons or | ||||||
| 8 | the community, based on the specific articulable facts of | ||||||
| 9 | the case; | ||||||
| 10 | (6) the defendant is charged with any of the following | ||||||
| 11 | offenses under the Criminal Code of 2012, and it is | ||||||
| 12 | alleged that the defendant's pretrial release poses a real | ||||||
| 13 | and present threat to the safety of any person or persons | ||||||
| 14 | or the community, based on the specific articulable facts | ||||||
| 15 | of the case: | ||||||
| 16 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
| 17 | firearm); | ||||||
| 18 | (B) Section 24-1.2-5 24-2.5 (aggravated discharge | ||||||
| 19 | of a machine gun or a firearm equipped with a device | ||||||
| 20 | designed or used use for silencing the report of a | ||||||
| 21 | firearm); | ||||||
| 22 | (C) Section 24-1.5 (reckless discharge of a | ||||||
| 23 | firearm); | ||||||
| 24 | (D) Section 24-1.7 (unlawful possession of a | ||||||
| 25 | firearm by a repeat felony offender); | ||||||
| 26 | (E) Section 24-2.2 (manufacture, sale, or transfer | ||||||
| |||||||
| |||||||
| 1 | of bullets or shells represented to be armor piercing | ||||||
| 2 | bullets, dragon's breath shotgun shells, bolo shells, | ||||||
| 3 | or flechette shells); | ||||||
| 4 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
| 5 | firearms); | ||||||
| 6 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
| 7 | firearms on the premises of any school); | ||||||
| 8 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
| 9 | liquor license); | ||||||
| 10 | (I) Section 24-3.5 (unlawful purchase of a | ||||||
| 11 | firearm); | ||||||
| 12 | (J) Section 24-3A (gunrunning); | ||||||
| 13 | (K) Section 24-3B (firearms trafficking); | ||||||
| 14 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
| 15 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
| 16 | of a minor); | ||||||
| 17 | (N) Section 10-9(d) (trafficking in persons); | ||||||
| 18 | (O) Non-probationable violations: (i) unlawful | ||||||
| 19 | possession of weapons by felons or persons in the | ||||||
| 20 | Custody of the Department of Corrections facilities | ||||||
| 21 | (Section 24-1.1), (ii) aggravated unlawful possession | ||||||
| 22 | of a weapon (Section 24-1.6), or (iii) aggravated | ||||||
| 23 | possession of a stolen firearm (Section 24-3.9); | ||||||
| 24 | (P) Section 9-3 (reckless homicide and involuntary | ||||||
| 25 | manslaughter); | ||||||
| 26 | (Q) Section 19-3 (residential burglary); | ||||||
| |||||||
| |||||||
| 1 | (R) Section 10-5 (child abduction); | ||||||
| 2 | (S) Felony violations of Section 12C-5 (child | ||||||
| 3 | endangerment); | ||||||
| 4 | (T) Section 12-7.1 (hate crime); | ||||||
| 5 | (U) Section 10-3.1 (aggravated unlawful | ||||||
| 6 | restraint); | ||||||
| 7 | (V) Section 12-9 (threatening a public official); | ||||||
| 8 | (W) Subdivision (f)(1) of Section 12-3.05 | ||||||
| 9 | (aggravated battery with a deadly weapon other than by | ||||||
| 10 | discharge of a firearm); | ||||||
| 11 | (6.5) the defendant is charged with any of the | ||||||
| 12 | following offenses, and it is alleged that the defendant's | ||||||
| 13 | pretrial release poses a real and present threat to the | ||||||
| 14 | safety of any person or persons or the community, based on | ||||||
| 15 | the specific articulable facts of the case: | ||||||
| 16 | (A) Felony violations of Sections 3.01, 3.02, or | ||||||
| 17 | 3.03 of the Humane Care for Animals Act (cruel | ||||||
| 18 | treatment, aggravated cruelty, and animal torture); | ||||||
| 19 | (B) Subdivision (d)(1)(B) of Section 11-501 of the | ||||||
| 20 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 21 | influence while operating a school bus with | ||||||
| 22 | passengers); | ||||||
| 23 | (C) Subdivision (d)(1)(C) of Section 11-501 of the | ||||||
| 24 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 25 | influence causing great bodily harm); | ||||||
| 26 | (D) Subdivision (d)(1)(D) of Section 11-501 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 2 | influence after a previous reckless homicide | ||||||
| 3 | conviction); | ||||||
| 4 | (E) Subdivision (d)(1)(F) of Section 11-501 of the | ||||||
| 5 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 6 | influence leading to death); or | ||||||
| 7 | (F) Subdivision (d)(1)(J) of Section 11-501 of the | ||||||
| 8 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 9 | influence that resulted in bodily harm to a child | ||||||
| 10 | under the age of 16); | ||||||
| 11 | (7) the defendant is charged with an attempt to commit | ||||||
| 12 | any charge listed in paragraphs (1) through (6.5), and it | ||||||
| 13 | is alleged that the defendant's pretrial release poses a | ||||||
| 14 | real and present threat to the safety of any person or | ||||||
| 15 | persons or the community, based on the specific | ||||||
| 16 | articulable facts of the case; or | ||||||
| 17 | (8) the person has a high likelihood of willful flight | ||||||
| 18 | to avoid prosecution and is charged with: | ||||||
| 19 | (A) Any felony described in subdivisions (a)(1) | ||||||
| 20 | through (a)(7) of this Section; or | ||||||
| 21 | (B) A felony offense other than a Class 4 offense. | ||||||
| 22 | (b) If the charged offense is a felony, as part of the | ||||||
| 23 | detention hearing, the court shall determine whether there is | ||||||
| 24 | probable cause the defendant has committed an offense, unless | ||||||
| 25 | a hearing pursuant to Section 109-3 of this Code has already | ||||||
| 26 | been held or a grand jury has returned a true bill of | ||||||
| |||||||
| |||||||
| 1 | indictment against the defendant. If there is a finding of no | ||||||
| 2 | probable cause, the defendant shall be released. No such | ||||||
| 3 | finding is necessary if the defendant is charged with a | ||||||
| 4 | misdemeanor. | ||||||
| 5 | (c) Timing of petition. | ||||||
| 6 | (1) A petition may be filed without prior notice to | ||||||
| 7 | the defendant at the first appearance before a judge, or | ||||||
| 8 | within the 21 calendar days, except as provided in Section | ||||||
| 9 | 110-6, after arrest and release of the defendant upon | ||||||
| 10 | reasonable notice to defendant; provided that while such | ||||||
| 11 | petition is pending before the court, the defendant if | ||||||
| 12 | previously released shall not be detained. | ||||||
| 13 | (2) Upon filing, the court shall immediately hold a | ||||||
| 14 | hearing on the petition unless a continuance is requested. | ||||||
| 15 | If a continuance is requested and granted, the hearing | ||||||
| 16 | shall be held within 48 hours of the defendant's first | ||||||
| 17 | appearance if the defendant is charged with first degree | ||||||
| 18 | murder or a Class X, Class 1, Class 2, or Class 3 felony, | ||||||
| 19 | and within 24 hours if the defendant is charged with a | ||||||
| 20 | Class 4 or misdemeanor offense. The Court may deny or | ||||||
| 21 | grant the request for continuance. If the court decides to | ||||||
| 22 | grant the continuance, the Court retains the discretion to | ||||||
| 23 | detain or release the defendant in the time between the | ||||||
| 24 | filing of the petition and the hearing. | ||||||
| 25 | (d) Contents of petition. | ||||||
| 26 | (1) The petition shall be verified by the State and | ||||||
| |||||||
| |||||||
| 1 | shall state the grounds upon which it contends the | ||||||
| 2 | defendant should be denied pretrial release, including the | ||||||
| 3 | real and present threat to the safety of any person or | ||||||
| 4 | persons or the community, based on the specific | ||||||
| 5 | articulable facts or flight risk, as appropriate. | ||||||
| 6 | (2) If the State seeks to file a second or subsequent | ||||||
| 7 | petition under this Section, the State shall be required | ||||||
| 8 | to present a verified application setting forth in detail | ||||||
| 9 | any new facts not known or obtainable at the time of the | ||||||
| 10 | filing of the previous petition. | ||||||
| 11 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
| 12 | for pretrial release, and the State shall bear the burden of | ||||||
| 13 | proving by clear and convincing evidence that: | ||||||
| 14 | (1) the proof is evident or the presumption great that | ||||||
| 15 | the defendant has committed an offense listed in | ||||||
| 16 | subsection (a), and | ||||||
| 17 | (2) for offenses listed in paragraphs (1) through (7) | ||||||
| 18 | of subsection (a), the defendant poses a real and present | ||||||
| 19 | threat to the safety of any person or persons or the | ||||||
| 20 | community, based on the specific articulable facts of the | ||||||
| 21 | case, by conduct which may include, but is not limited to, | ||||||
| 22 | a forcible felony, the obstruction of justice, | ||||||
| 23 | intimidation, injury, or abuse as defined by paragraph (1) | ||||||
| 24 | of Section 103 of the Illinois Domestic Violence Act of | ||||||
| 25 | 1986, and | ||||||
| 26 | (3) no condition or combination of conditions set | ||||||
| |||||||
| |||||||
| 1 | forth in subsection (b) of Section 110-10 of this Article | ||||||
| 2 | can mitigate (i) the real and present threat to the safety | ||||||
| 3 | of any person or persons or the community, based on the | ||||||
| 4 | specific articulable facts of the case, for offenses | ||||||
| 5 | listed in paragraphs (1) through (7) of subsection (a), or | ||||||
| 6 | (ii) the defendant's willful flight for offenses listed in | ||||||
| 7 | paragraph (8) of subsection (a), and | ||||||
| 8 | (4) for offenses under subsection (b) of Section 407 | ||||||
| 9 | of the Illinois Controlled Substances Act that are subject | ||||||
| 10 | to paragraph (1) of subsection (a), no condition or | ||||||
| 11 | combination of conditions set forth in subsection (b) of | ||||||
| 12 | Section 110-10 of this Article can mitigate the real and | ||||||
| 13 | present threat to the safety of any person or persons or | ||||||
| 14 | the community, based on the specific articulable facts of | ||||||
| 15 | the case, and the defendant poses a serious risk to not | ||||||
| 16 | appear in court as required. | ||||||
| 17 | (f) Conduct of the hearings. | ||||||
| 18 | (1) Prior to the hearing, the State shall tender to | ||||||
| 19 | the defendant copies of the defendant's criminal history | ||||||
| 20 | available, any written or recorded statements, and the | ||||||
| 21 | substance of any oral statements made by any person, if | ||||||
| 22 | relied upon by the State in its petition, and any police | ||||||
| 23 | reports in the prosecutor's possession at the time of the | ||||||
| 24 | hearing. | ||||||
| 25 | (2) The State or defendant may present evidence at the | ||||||
| 26 | hearing by way of proffer based upon reliable information. | ||||||
| |||||||
| |||||||
| 1 | (3) The defendant has the right to be represented by | ||||||
| 2 | counsel, and if he or she is indigent, to have counsel | ||||||
| 3 | appointed for him or her. The defendant shall have the | ||||||
| 4 | opportunity to testify, to present witnesses on his or her | ||||||
| 5 | own behalf, and to cross-examine any witnesses that are | ||||||
| 6 | called by the State. Defense counsel shall be given | ||||||
| 7 | adequate opportunity to confer with the defendant before | ||||||
| 8 | any hearing at which conditions of release or the | ||||||
| 9 | detention of the defendant are to be considered, with an | ||||||
| 10 | accommodation for a physical condition made to facilitate | ||||||
| 11 | attorney/client consultation. If defense counsel needs to | ||||||
| 12 | confer or consult with the defendant during any hearing | ||||||
| 13 | conducted via a 2-way two-way audio-visual communication | ||||||
| 14 | system, such consultation shall not be recorded and shall | ||||||
| 15 | be undertaken consistent with constitutional protections. | ||||||
| 16 | (3.5) A hearing at which pretrial release may be | ||||||
| 17 | denied must be conducted in person (and not by way of 2-way | ||||||
| 18 | two-way audio visual communication) unless the accused | ||||||
| 19 | waives the right to be present physically in court, the | ||||||
| 20 | court determines that the physical health and safety of | ||||||
| 21 | any person necessary to the proceedings would be | ||||||
| 22 | endangered by appearing in court, or the chief judge of | ||||||
| 23 | the circuit orders use of that system due to operational | ||||||
| 24 | challenges in conducting the hearing in person. Such | ||||||
| 25 | operational challenges must be documented and approved by | ||||||
| 26 | the chief judge of the circuit, and a plan to address the | ||||||
| |||||||
| |||||||
| 1 | challenges through reasonable efforts must be presented | ||||||
| 2 | and approved by the Administrative Office of the Illinois | ||||||
| 3 | Courts every 6 months. | ||||||
| 4 | (4) If the defense seeks to compel the complaining | ||||||
| 5 | witness to testify as a witness in its favor, it shall | ||||||
| 6 | petition the court for permission. When the ends of | ||||||
| 7 | justice so require, the court may exercise its discretion | ||||||
| 8 | and compel the appearance of a complaining witness. The | ||||||
| 9 | court shall state on the record reasons for granting a | ||||||
| 10 | defense request to compel the presence of a complaining | ||||||
| 11 | witness only on the issue of the defendant's pretrial | ||||||
| 12 | detention. In making a determination under this Section, | ||||||
| 13 | the court shall state on the record the reason for | ||||||
| 14 | granting a defense request to compel the presence of a | ||||||
| 15 | complaining witness, and only grant the request if the | ||||||
| 16 | court finds by clear and convincing evidence that the | ||||||
| 17 | defendant will be materially prejudiced if the complaining | ||||||
| 18 | witness does not appear. Cross-examination of a | ||||||
| 19 | complaining witness at the pretrial detention hearing for | ||||||
| 20 | the purpose of impeaching the witness' credibility is | ||||||
| 21 | insufficient reason to compel the presence of the witness. | ||||||
| 22 | In deciding whether to compel the appearance of a | ||||||
| 23 | complaining witness, the court shall be considerate of the | ||||||
| 24 | emotional and physical well-being of the witness. The | ||||||
| 25 | pre-trial detention hearing is not to be used for purposes | ||||||
| 26 | of discovery, and the post arraignment rules of discovery | ||||||
| |||||||
| |||||||
| 1 | do not apply. The State shall tender to the defendant, | ||||||
| 2 | prior to the hearing, copies, if any, of the defendant's | ||||||
| 3 | criminal history, if available, and any written or | ||||||
| 4 | recorded statements and the substance of any oral | ||||||
| 5 | statements made by any person, if in the State's | ||||||
| 6 | Attorney's possession at the time of the hearing. | ||||||
| 7 | (5) The rules concerning the admissibility of evidence | ||||||
| 8 | in criminal trials do not apply to the presentation and | ||||||
| 9 | consideration of information at the hearing. At the trial | ||||||
| 10 | concerning the offense for which the hearing was conducted | ||||||
| 11 | neither the finding of the court nor any transcript or | ||||||
| 12 | other record of the hearing shall be admissible in the | ||||||
| 13 | State's case-in-chief, but shall be admissible for | ||||||
| 14 | impeachment, or as provided in Section 115-10.1 of this | ||||||
| 15 | Code, or in a perjury proceeding. | ||||||
| 16 | (6) The defendant may not move to suppress evidence or | ||||||
| 17 | a confession, however, evidence that proof of the charged | ||||||
| 18 | crime may have been the result of an unlawful search or | ||||||
| 19 | seizure, or both, or through improper interrogation, is | ||||||
| 20 | relevant in assessing the weight of the evidence against | ||||||
| 21 | the defendant. | ||||||
| 22 | (7) Decisions regarding release, conditions of | ||||||
| 23 | release, and detention prior to trial must be | ||||||
| 24 | individualized, and no single factor or standard may be | ||||||
| 25 | used exclusively to order detention. Risk assessment tools | ||||||
| 26 | may not be used as the sole basis to deny pretrial release. | ||||||
| |||||||
| |||||||
| 1 | (g) Factors to be considered in making a determination of | ||||||
| 2 | dangerousness. The court may, in determining whether the | ||||||
| 3 | defendant poses a real and present threat to the safety of any | ||||||
| 4 | person or persons or the community, based on the specific | ||||||
| 5 | articulable facts of the case, consider, but shall not be | ||||||
| 6 | limited to, evidence or testimony concerning: | ||||||
| 7 | (1) The nature and circumstances of any offense | ||||||
| 8 | charged, including whether the offense is a crime of | ||||||
| 9 | violence, involving a weapon, or a sex offense. | ||||||
| 10 | (2) The history and characteristics of the defendant | ||||||
| 11 | including: | ||||||
| 12 | (A) Any evidence of the defendant's prior criminal | ||||||
| 13 | history indicative of violent, abusive, or assaultive | ||||||
| 14 | behavior, or lack of such behavior. Such evidence may | ||||||
| 15 | include testimony or documents received in juvenile | ||||||
| 16 | proceedings, criminal, quasi-criminal, civil | ||||||
| 17 | commitment, domestic relations, or other proceedings. | ||||||
| 18 | (B) Any evidence of the defendant's psychological, | ||||||
| 19 | psychiatric or other similar social history which | ||||||
| 20 | tends to indicate a violent, abusive, or assaultive | ||||||
| 21 | nature, or lack of any such history. | ||||||
| 22 | (3) The identity of any person or persons to whose | ||||||
| 23 | safety the defendant is believed to pose a threat, and the | ||||||
| 24 | nature of the threat. | ||||||
| 25 | (4) Any statements made by, or attributed to the | ||||||
| 26 | defendant, together with the circumstances surrounding | ||||||
| |||||||
| |||||||
| 1 | them. | ||||||
| 2 | (5) The age and physical condition of the defendant. | ||||||
| 3 | (6) The age and physical condition of any victim or | ||||||
| 4 | complaining witness. | ||||||
| 5 | (7) Whether the defendant is known to possess or have | ||||||
| 6 | access to any weapon or weapons. | ||||||
| 7 | (8) Whether, at the time of the current offense or any | ||||||
| 8 | other offense or arrest, the defendant was on probation, | ||||||
| 9 | parole, aftercare release, mandatory supervised release, | ||||||
| 10 | or other release from custody pending trial, sentencing, | ||||||
| 11 | appeal, or completion of sentence for an offense under | ||||||
| 12 | federal or State state law. | ||||||
| 13 | (9) Any other factors, including those listed in | ||||||
| 14 | Section 110-5 of this Article deemed by the court to have a | ||||||
| 15 | reasonable bearing upon the defendant's propensity or | ||||||
| 16 | reputation for violent, abusive, or assaultive behavior, | ||||||
| 17 | or lack of such behavior. | ||||||
| 18 | (h) Detention order. The court shall, in any order for | ||||||
| 19 | detention: | ||||||
| 20 | (1) make a written finding summarizing the court's | ||||||
| 21 | reasons for concluding that the defendant should be denied | ||||||
| 22 | pretrial release, including why less restrictive | ||||||
| 23 | conditions would not avoid a real and present threat to | ||||||
| 24 | the safety of any person or persons or the community, | ||||||
| 25 | based on the specific articulable facts of the case, or | ||||||
| 26 | prevent the defendant's willful flight from prosecution; | ||||||
| |||||||
| |||||||
| 1 | (2) direct that the defendant be committed to the | ||||||
| 2 | custody of the sheriff for confinement in the county jail | ||||||
| 3 | pending trial; | ||||||
| 4 | (3) direct that the defendant be given a reasonable | ||||||
| 5 | opportunity for private consultation with counsel, and for | ||||||
| 6 | communication with others of his or her choice by | ||||||
| 7 | visitation, mail and telephone; and | ||||||
| 8 | (4) direct that the sheriff deliver the defendant as | ||||||
| 9 | required for appearances in connection with court | ||||||
| 10 | proceedings. | ||||||
| 11 | (i) Detention. If the court enters an order for the | ||||||
| 12 | detention of the defendant pursuant to subsection (e) of this | ||||||
| 13 | Section, the defendant shall be brought to trial on the | ||||||
| 14 | offense for which he is detained within 90 days after the date | ||||||
| 15 | on which the order for detention was entered. If the defendant | ||||||
| 16 | is not brought to trial within the 90-day period required by | ||||||
| 17 | the preceding sentence, he shall not be denied pretrial | ||||||
| 18 | release. In computing the 90-day period, the court shall omit | ||||||
| 19 | any period of delay resulting from a continuance granted at | ||||||
| 20 | the request of the defendant and any period of delay resulting | ||||||
| 21 | from a continuance granted at the request of the State with | ||||||
| 22 | good cause shown pursuant to Section 103-5. | ||||||
| 23 | (i-5) At each subsequent appearance of the defendant | ||||||
| 24 | before the court, the judge must find that continued detention | ||||||
| 25 | is necessary to avoid a real and present threat to the safety | ||||||
| 26 | of any person or persons or the community, based on the | ||||||
| |||||||
| |||||||
| 1 | specific articulable facts of the case, or to prevent the | ||||||
| 2 | defendant's willful flight from prosecution. | ||||||
| 3 | (j) Rights of the defendant. The defendant shall be | ||||||
| 4 | entitled to appeal any order entered under this Section | ||||||
| 5 | denying his or her pretrial release. | ||||||
| 6 | (k) Appeal. The State may appeal any order entered under | ||||||
| 7 | this Section denying any motion for denial of pretrial | ||||||
| 8 | release. | ||||||
| 9 | (l) Presumption of innocence. Nothing in this Section | ||||||
| 10 | shall be construed as modifying or limiting in any way the | ||||||
| 11 | defendant's presumption of innocence in further criminal | ||||||
| 12 | proceedings. | ||||||
| 13 | (m) Interest of victims. | ||||||
| 14 | (1) Crime victims shall be given notice by the State's | ||||||
| 15 | Attorney's office of this hearing as required in paragraph | ||||||
| 16 | (1) of subsection (b) of Section 4.5 of the Rights of Crime | ||||||
| 17 | Victims and Witnesses Act and shall be informed of their | ||||||
| 18 | opportunity at this hearing to obtain a protective order. | ||||||
| 19 | (2) If the defendant is denied pretrial release, the | ||||||
| 20 | court may impose a no contact provision with the victim or | ||||||
| 21 | other interested party that shall be enforced while the | ||||||
| 22 | defendant remains in custody. | ||||||
| 23 | (Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25; | ||||||
| 24 | revised 10-23-24.)
| ||||||
| 25 | Section 1080. The Pretrial Success Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 2-1, 2-20, and 2-45 as follows:
| ||||||
| 2 | (725 ILCS 187/2-1) | ||||||
| 3 | Sec. 2-1. Short title. This Article Act may be cited as the | ||||||
| 4 | Pretrial Success Act. References in this Article to "this Act" | ||||||
| 5 | mean this Article. | ||||||
| 6 | (Source: P.A. 103-588, eff. 6-5-24; revised 7-19-24.)
| ||||||
| 7 | (725 ILCS 187/2-20) | ||||||
| 8 | Sec. 2-20. Grant-making Grant making authority. | ||||||
| 9 | (a) The Department of Human Services shall have | ||||||
| 10 | grant-making, operational, and procurement authority to | ||||||
| 11 | distribute funds to local government health and human services | ||||||
| 12 | agencies, community-based organizations, and other entities | ||||||
| 13 | necessary to execute the functions established in this Act. | ||||||
| 14 | (b) Subject to appropriation, the Department shall issue | ||||||
| 15 | grants to local governmental agencies and community-based | ||||||
| 16 | organizations to maximize pretrial success each year. Grants | ||||||
| 17 | shall be awarded no later than January 1, 2025. Grants in | ||||||
| 18 | subsequent years shall be issued on or before September 1 of | ||||||
| 19 | the relevant fiscal year and shall allow for pre-award | ||||||
| 20 | expenditures beginning July 1 of the relevant fiscal year. | ||||||
| 21 | (c) Beginning in fiscal year 2028 and subject to | ||||||
| 22 | appropriation, grants shall be awarded for a project period of | ||||||
| 23 | 3 years, contingent on Department requirements for reporting | ||||||
| 24 | and successful performance. | ||||||
| |||||||
| |||||||
| 1 | (d) The Department shall ensure that grants awarded under | ||||||
| 2 | this Act do not duplicate or supplant grants awarded under the | ||||||
| 3 | Reimagine Public Safety Act. | ||||||
| 4 | (Source: P.A. 103-588, eff. 6-5-24; revised 7-22-24.)
| ||||||
| 5 | (725 ILCS 187/2-45) | ||||||
| 6 | Sec. 2-45. Evaluation. | ||||||
| 7 | (a) The Department shall issue a report to the General | ||||||
| 8 | Assembly no later than January 1 of each year beginning at | ||||||
| 9 | least 12 months after grants are first issued under this Act. | ||||||
| 10 | The report shall cover the previous fiscal year and identify | ||||||
| 11 | gaps in community-based pretrial supports and services in each | ||||||
| 12 | service area, explain the investments that are being made to | ||||||
| 13 | maximize pretrial success, and make further recommendations on | ||||||
| 14 | how to build community-based capacity for community-based | ||||||
| 15 | pretrial supports and services including mental health and | ||||||
| 16 | substance use disorder treatment. | ||||||
| 17 | (b) Beginning with the first report issued at least 24 | ||||||
| 18 | months after grants are first issued under this Act, the | ||||||
| 19 | annual report shall include an evaluation of the effectiveness | ||||||
| 20 | of grants under this Act in maximizing pretrial success. The | ||||||
| 21 | Department shall use community-based participatory research | ||||||
| 22 | methods and ensure that the evaluation incorporates input from | ||||||
| 23 | individuals and organizations affected by this the Act, | ||||||
| 24 | including, but not limited to, individuals with personal | ||||||
| 25 | experience with being charged with a felony offense in | ||||||
| |||||||
| |||||||
| 1 | Illinois, individuals with personal experience with a family | ||||||
| 2 | member being charged with a felony offense in Illinois, local | ||||||
| 3 | government health and human services agencies, community-based | ||||||
| 4 | organizations, and court stakeholders. The evaluation should | ||||||
| 5 | be conducted with input from outside expert evaluators when | ||||||
| 6 | possible. | ||||||
| 7 | (c) The Department shall consider findings from annual | ||||||
| 8 | reports and evaluations in developing subsequent years' | ||||||
| 9 | grant-making grantmaking processes, monitoring progress toward | ||||||
| 10 | local advisory councils' goals, and ensuring equity in the | ||||||
| 11 | grant-making grantmaking process. | ||||||
| 12 | (Source: P.A. 103-588, eff. 6-5-24; revised 7-22-24.)
| ||||||
| 13 | Section 1085. The Unified Code of Corrections is amended | ||||||
| 14 | by changing Sections 3-7-2, 3-13-4, 5-5-3.2, 5-6-3.6, 5-6-3.8, | ||||||
| 15 | and 5-8-1 as follows:
| ||||||
| 16 | (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2) | ||||||
| 17 | Sec. 3-7-2. Facilities. | ||||||
| 18 | (a) All institutions and facilities of the Department | ||||||
| 19 | shall provide every committed person with access to toilet | ||||||
| 20 | facilities, barber facilities, bathing facilities at least | ||||||
| 21 | once each week, a library of legal materials and published | ||||||
| 22 | materials including newspapers and magazines approved by the | ||||||
| 23 | Director. A committed person may not receive any materials | ||||||
| 24 | that the Director deems pornographic. | ||||||
| |||||||
| |||||||
| 1 | (b) (Blank). | ||||||
| 2 | (c) All institutions and facilities of the Department | ||||||
| 3 | shall provide facilities for every committed person to leave | ||||||
| 4 | his cell for at least one hour each day unless the chief | ||||||
| 5 | administrative officer determines that it would be harmful or | ||||||
| 6 | dangerous to the security or safety of the institution or | ||||||
| 7 | facility. | ||||||
| 8 | (d) All institutions and facilities of the Department | ||||||
| 9 | shall provide every committed person with a wholesome and | ||||||
| 10 | nutritional diet at regularly scheduled hours, drinking water, | ||||||
| 11 | clothing adequate for the season, including underwear, | ||||||
| 12 | bedding, soap, and towels, and medical and dental care. | ||||||
| 13 | Underwear provided to each committed person in all | ||||||
| 14 | institutions and facilities of the Department shall be free of | ||||||
| 15 | charge and shall be provided at any time upon request, | ||||||
| 16 | including multiple requests, of the committed person or as | ||||||
| 17 | needed by the committed person. | ||||||
| 18 | (e) All institutions and facilities of the Department | ||||||
| 19 | shall permit every committed person to send and receive an | ||||||
| 20 | unlimited number of uncensored letters, provided, however, | ||||||
| 21 | that the Director may order that mail be inspected and read for | ||||||
| 22 | reasons of the security, safety, or morale of the institution | ||||||
| 23 | or facility. | ||||||
| 24 | (f) All of the institutions and facilities of the | ||||||
| 25 | Department shall permit every committed person to receive | ||||||
| 26 | in-person visitors and video contact, if available, except in | ||||||
| |||||||
| |||||||
| 1 | case of abuse of the visiting privilege or when the chief | ||||||
| 2 | administrative officer determines that such visiting would be | ||||||
| 3 | harmful or dangerous to the security, safety or morale of the | ||||||
| 4 | institution or facility. Each committed person is entitled to | ||||||
| 5 | 7 visits per month. Every committed person may submit a list of | ||||||
| 6 | at least 30 persons to the Department that are authorized to | ||||||
| 7 | visit the committed person. The list shall be kept in an | ||||||
| 8 | electronic format by the Department beginning on August 1, | ||||||
| 9 | 2019, as well as available in paper form for Department | ||||||
| 10 | employees. The chief administrative officer shall have the | ||||||
| 11 | right to restrict visitation to non-contact visits, video, or | ||||||
| 12 | other forms of non-contact visits for reasons of safety, | ||||||
| 13 | security, and order, including, but not limited to, | ||||||
| 14 | restricting contact visits for committed persons engaged in | ||||||
| 15 | gang activity. No committed person in a super maximum security | ||||||
| 16 | facility or on disciplinary segregation is allowed contact | ||||||
| 17 | visits. Any committed person found in possession of illegal | ||||||
| 18 | drugs or who fails a drug test shall not be permitted contact | ||||||
| 19 | visits for a period of at least 6 months. Any committed person | ||||||
| 20 | involved in gang activities or found guilty of assault | ||||||
| 21 | committed against a Department employee shall not be permitted | ||||||
| 22 | contact visits for a period of at least 6 months. The | ||||||
| 23 | Department shall offer every visitor appropriate written | ||||||
| 24 | information concerning HIV and AIDS, including information | ||||||
| 25 | concerning how to contact the Illinois Department of Public | ||||||
| 26 | Health for counseling information. The Department shall | ||||||
| |||||||
| |||||||
| 1 | develop the written materials in consultation with the | ||||||
| 2 | Department of Public Health. The Department shall ensure that | ||||||
| 3 | all such information and materials are culturally sensitive | ||||||
| 4 | and reflect cultural diversity as appropriate. Implementation | ||||||
| 5 | of the changes made to this Section by Public Act 94-629 is | ||||||
| 6 | subject to appropriation. The Department shall seek the lowest | ||||||
| 7 | possible cost to provide video calling and shall charge to the | ||||||
| 8 | extent of recovering any demonstrated costs of providing video | ||||||
| 9 | calling. The Department shall not make a commission or profit | ||||||
| 10 | from video calling services. Nothing in this Section shall be | ||||||
| 11 | construed to permit video calling instead of in-person | ||||||
| 12 | visitation. | ||||||
| 13 | (f-5) (Blank). | ||||||
| 14 | (f-10) The Department may not restrict or limit in-person | ||||||
| 15 | visits to committed persons due to the availability of | ||||||
| 16 | interactive video conferences. | ||||||
| 17 | (f-15)(1) The Department shall issue a standard written | ||||||
| 18 | policy for each institution and facility of the Department | ||||||
| 19 | that provides for: | ||||||
| 20 | (A) the number of in-person visits each committed | ||||||
| 21 | person is entitled to per week and per month including the | ||||||
| 22 | requirements of subsection (f) of this Section; | ||||||
| 23 | (B) the hours of in-person visits; | ||||||
| 24 | (C) the type of identification required for visitors | ||||||
| 25 | at least 18 years of age; and | ||||||
| 26 | (D) the type of identification, if any, required for | ||||||
| |||||||
| |||||||
| 1 | visitors under 18 years of age. | ||||||
| 2 | (2) This policy shall be posted on the Department website | ||||||
| 3 | and at each facility. | ||||||
| 4 | (3) The Department shall post on its website daily any | ||||||
| 5 | restrictions or denials of visitation for that day and the | ||||||
| 6 | succeeding 5 calendar days, including those based on a | ||||||
| 7 | lockdown of the facility, to inform family members and other | ||||||
| 8 | visitors. | ||||||
| 9 | (g) All institutions and facilities of the Department | ||||||
| 10 | shall permit religious ministrations and sacraments to be | ||||||
| 11 | available to every committed person, but attendance at | ||||||
| 12 | religious services shall not be required. This subsection (g) | ||||||
| 13 | is subject to the provisions of the Faith Behind Bars Act. | ||||||
| 14 | (h) Within 90 days after December 31, 1996, the Department | ||||||
| 15 | shall prohibit the use of curtains, cell-coverings, or any | ||||||
| 16 | other matter or object that obstructs or otherwise impairs the | ||||||
| 17 | line of vision into a committed person's cell. | ||||||
| 18 | (i) A point of contact person appointed under subsection | ||||||
| 19 | (u-6) of Section 3-2-2 of this Code shall promptly and | ||||||
| 20 | efficiently review suggestions, complaints, and other requests | ||||||
| 21 | made by visitors to institutions and facilities of the | ||||||
| 22 | Department and by other members of the public. Based on the | ||||||
| 23 | nature of the submission, the point of contact person shall | ||||||
| 24 | communicate with the appropriate division of the Department, | ||||||
| 25 | disseminate the concern or complaint, and act as liaison | ||||||
| 26 | between the parties to reach a resolution. | ||||||
| |||||||
| |||||||
| 1 | (1) The point of contact person shall maintain | ||||||
| 2 | information about the subject matter of each | ||||||
| 3 | correspondence, including, but not limited to, information | ||||||
| 4 | about the following subjects: | ||||||
| 5 | (A) the parties making the submission; | ||||||
| 6 | (B) any commissary-related concerns; | ||||||
| 7 | (C) any concerns about the institution or | ||||||
| 8 | facility's COVID-19 COVID protocols and mitigations; | ||||||
| 9 | (D) any concerns about mail, video, or electronic | ||||||
| 10 | messages or other communications with incarcerated | ||||||
| 11 | persons; | ||||||
| 12 | (E) any concerns about the institution or | ||||||
| 13 | facility; | ||||||
| 14 | (F) any discipline-related concerns; | ||||||
| 15 | (G) any concerns about earned sentencing credits; | ||||||
| 16 | (H) any concerns about educational opportunities | ||||||
| 17 | for incarcerated persons; | ||||||
| 18 | (I) any concerns about health-related matters; | ||||||
| 19 | (J) any mental health concerns; | ||||||
| 20 | (K) any concerns about personal property; | ||||||
| 21 | (L) any concerns about the records of the | ||||||
| 22 | incarcerated person; | ||||||
| 23 | (M) any concerns about recreational opportunities | ||||||
| 24 | for incarcerated persons; | ||||||
| 25 | (N) any staffing-related concerns; | ||||||
| 26 | (O) any concerns about the transfer of individuals | ||||||
| |||||||
| |||||||
| 1 | in custody; | ||||||
| 2 | (P) any concerns about visitation; and | ||||||
| 3 | (Q) any concerns about work opportunities for | ||||||
| 4 | incarcerated persons. | ||||||
| 5 | The information shall be maintained in accordance with | ||||||
| 6 | standards set by the Department of Corrections, and shall | ||||||
| 7 | be made available to the Department's Planning and | ||||||
| 8 | Research Division. The point of contact person shall | ||||||
| 9 | provide a summary of the results of the review, including | ||||||
| 10 | any resolution or recommendations made as a result of | ||||||
| 11 | correspondence with the Planning and Research Division of | ||||||
| 12 | the Department. | ||||||
| 13 | (2) The Department shall provide an annual written | ||||||
| 14 | report to the General Assembly and the Governor, with the | ||||||
| 15 | first report due no later than January 1, 2023, and | ||||||
| 16 | publish the report on its website within 48 hours after | ||||||
| 17 | the report is transmitted to the Governor and the General | ||||||
| 18 | Assembly. The report shall include a summary of activities | ||||||
| 19 | undertaken and completed as a result of submissions to the | ||||||
| 20 | point of contact person. The Department of Corrections | ||||||
| 21 | shall collect and report the following aggregated and | ||||||
| 22 | disaggregated data for each institution and facility and | ||||||
| 23 | describe: | ||||||
| 24 | (A) the work of the point of contact person; | ||||||
| 25 | (B) the general nature of suggestions, complaints, | ||||||
| 26 | and other requests submitted to the point of contact | ||||||
| |||||||
| |||||||
| 1 | person; | ||||||
| 2 | (C) the volume of emails, calls, letters, and | ||||||
| 3 | other correspondence received by the point of contact | ||||||
| 4 | person; | ||||||
| 5 | (D) the resolutions reached or recommendations | ||||||
| 6 | made as a result of the point of contact person's | ||||||
| 7 | review; | ||||||
| 8 | (E) whether, if an investigation is recommended, a | ||||||
| 9 | report of the complaint was forwarded to the Chief | ||||||
| 10 | Inspector of the Department or other Department | ||||||
| 11 | employee, and the resolution of the complaint, and if | ||||||
| 12 | the investigation has not concluded, a detailed status | ||||||
| 13 | report on the complaint; and | ||||||
| 14 | (F) any recommendations that the point of contact | ||||||
| 15 | person has relating to systemic issues in the | ||||||
| 16 | Department of Corrections, and any other matters for | ||||||
| 17 | consideration by the General Assembly and the | ||||||
| 18 | Governor. | ||||||
| 19 | The name, address, or other personally identifiable | ||||||
| 20 | information of a person who files a complaint, suggestion, | ||||||
| 21 | or other request with the point of contact person, and | ||||||
| 22 | confidential records shall be redacted from the annual | ||||||
| 23 | report and are not subject to disclosure under the Freedom | ||||||
| 24 | of Information Act. The Department shall disclose the | ||||||
| 25 | records only if required by a court order on a showing of | ||||||
| 26 | good cause. | ||||||
| |||||||
| |||||||
| 1 | (3) The Department must post in a conspicuous place in | ||||||
| 2 | the waiting area of every facility or institution a sign | ||||||
| 3 | that contains in bold, black type the following: | ||||||
| 4 | (A) a short statement notifying visitors of the | ||||||
| 5 | point of contact person and that person's duty to | ||||||
| 6 | receive suggestions, complaints, or other requests; | ||||||
| 7 | and | ||||||
| 8 | (B) information on how to submit suggestions, | ||||||
| 9 | complaints, or other requests to the point of contact | ||||||
| 10 | person. | ||||||
| 11 | (j) Menstrual hygiene products shall be available, as | ||||||
| 12 | needed, free of charge, at all institutions and facilities of | ||||||
| 13 | the Department for all committed persons who menstruate. In | ||||||
| 14 | this subsection (j), "menstrual hygiene products" means | ||||||
| 15 | tampons and sanitary napkins for use in connection with the | ||||||
| 16 | menstrual cycle. | ||||||
| 17 | (Source: P.A. 102-1082, eff. 6-10-22; 102-1111, eff. 6-1-23; | ||||||
| 18 | 103-154, eff. 6-30-23; 103-331, eff. 1-1-24; revised 7-22-24.)
| ||||||
| 19 | (730 ILCS 5/3-13-4) (from Ch. 38, par. 1003-13-4) | ||||||
| 20 | Sec. 3-13-4. Rules and sanctions.) | ||||||
| 21 | (a) The Department shall establish rules governing release | ||||||
| 22 | status and shall provide written copies of such rules to both | ||||||
| 23 | the committed person on work or day release and to the employer | ||||||
| 24 | or other person responsible for the individual. Such employer | ||||||
| 25 | or other responsible person shall agree to abide by such | ||||||
| |||||||
| |||||||
| 1 | rules, notify the Department of any violation thereof by the | ||||||
| 2 | individual on release status, and notify the Department of the | ||||||
| 3 | discharge of the person from work or other programs. | ||||||
| 4 | (b) If a committed person violates any rule, the | ||||||
| 5 | Department may impose sanctions appropriate to the violation. | ||||||
| 6 | The Department shall provide sanctions for unauthorized | ||||||
| 7 | absences which shall include prosecution for escape under | ||||||
| 8 | Section 3-6-4. | ||||||
| 9 | (c) An order certified by the Director, Assistant | ||||||
| 10 | Director, or the Supervisor of the Apprehension Unit, or a | ||||||
| 11 | person duly designated by him or her, with the seal of the | ||||||
| 12 | Department of Corrections attached and directed to all | ||||||
| 13 | sheriffs, coroners, police officers, or to any particular | ||||||
| 14 | persons named in the order shall be sufficient warrant for the | ||||||
| 15 | officer or person named therein to arrest and deliver the | ||||||
| 16 | violator to the proper correctional official. Such order shall | ||||||
| 17 | be executed the same as criminal processes. | ||||||
| 18 | In the event that a work-releasee is arrested for another | ||||||
| 19 | crime, the sheriff or police officer shall hold the releasee | ||||||
| 20 | in custody until he notifies the nearest Office of Field | ||||||
| 21 | Services or any of the above-named persons designated in this | ||||||
| 22 | Section to certify the particular process or warrant. | ||||||
| 23 | (d) Not less than 3 days prior to any person being placed | ||||||
| 24 | in a work release facility, the Department of Corrections | ||||||
| 25 | shall provide to the State's Attorney and Sheriff of the | ||||||
| 26 | county in which the work release center is located, relevant | ||||||
| |||||||
| |||||||
| 1 | identifying information concerning the person to be placed in | ||||||
| 2 | the work release facility. Such information shall include, but | ||||||
| 3 | not be limited to, such identifying information as name, age, | ||||||
| 4 | physical description, photograph, the offense, and the | ||||||
| 5 | sentence for which the person is serving time in the | ||||||
| 6 | Department of Corrections, and like information. The | ||||||
| 7 | Department of Corrections shall, in addition, give written | ||||||
| 8 | notice not less than 3 days prior to the placement to the | ||||||
| 9 | State's Attorney of the county from which the offender was | ||||||
| 10 | originally sentenced. The notification requirements of this | ||||||
| 11 | subsection (d) may be electronic notification for individuals | ||||||
| 12 | required to be housed outside the penitentiary system pursuant | ||||||
| 13 | to subsection (a) of Section 5-8-6. | ||||||
| 14 | (e) For those individuals required to be housed outside | ||||||
| 15 | the penitentiary system as outlined in subsection (a) of | ||||||
| 16 | Section 5-8-6, the Department as soon as reasonably | ||||||
| 17 | practicable shall provide the State's Attorney and Sheriff of | ||||||
| 18 | the county in which the work release center is located, | ||||||
| 19 | relevant identifying information concerning the person to be | ||||||
| 20 | placed in the work release facility. Such information shall | ||||||
| 21 | include, but is not limited to, such identifying information | ||||||
| 22 | as name, age, physical description, photograph, the offense, | ||||||
| 23 | and the sentence for which the person is serving time in the | ||||||
| 24 | custody of the Department of Corrections, and similar | ||||||
| 25 | information. The Department of Corrections shall, in addition, | ||||||
| 26 | give electronic notice as soon as reasonably practicable to | ||||||
| |||||||
| |||||||
| 1 | the State's Attorney of the county from which the individual | ||||||
| 2 | was originally sentenced. | ||||||
| 3 | (Source: P.A. 103-358, eff. 1-1-24; revised 7-22-24.)
| ||||||
| 4 | (730 ILCS 5/5-5-3.2) | ||||||
| 5 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
| 6 | sentencing. | ||||||
| 7 | (a) The following factors shall be accorded weight in | ||||||
| 8 | favor of imposing a term of imprisonment or may be considered | ||||||
| 9 | by the court as reasons to impose a more severe sentence under | ||||||
| 10 | Section 5-8-1 or Article 4.5 of Chapter V: | ||||||
| 11 | (1) the defendant's conduct caused or threatened | ||||||
| 12 | serious harm; | ||||||
| 13 | (2) the defendant received compensation for committing | ||||||
| 14 | the offense; | ||||||
| 15 | (3) the defendant has a history of prior delinquency | ||||||
| 16 | or criminal activity; | ||||||
| 17 | (4) the defendant, by the duties of his office or by | ||||||
| 18 | his position, was obliged to prevent the particular | ||||||
| 19 | offense committed or to bring the offenders committing it | ||||||
| 20 | to justice; | ||||||
| 21 | (5) the defendant held public office at the time of | ||||||
| 22 | the offense, and the offense related to the conduct of | ||||||
| 23 | that office; | ||||||
| 24 | (6) the defendant utilized his professional reputation | ||||||
| 25 | or position in the community to commit the offense, or to | ||||||
| |||||||
| |||||||
| 1 | afford him an easier means of committing it; | ||||||
| 2 | (7) the sentence is necessary to deter others from | ||||||
| 3 | committing the same crime; | ||||||
| 4 | (8) the defendant committed the offense against a | ||||||
| 5 | person 60 years of age or older or such person's property; | ||||||
| 6 | (9) the defendant committed the offense against a | ||||||
| 7 | person who has a physical disability or such person's | ||||||
| 8 | property; | ||||||
| 9 | (10) by reason of another individual's actual or | ||||||
| 10 | perceived race, color, creed, religion, ancestry, gender, | ||||||
| 11 | sexual orientation, physical or mental disability, or | ||||||
| 12 | national origin, the defendant committed the offense | ||||||
| 13 | against (i) the person or property of that individual; | ||||||
| 14 | (ii) the person or property of a person who has an | ||||||
| 15 | association with, is married to, or has a friendship with | ||||||
| 16 | the other individual; or (iii) the person or property of a | ||||||
| 17 | relative (by blood or marriage) of a person described in | ||||||
| 18 | clause (i) or (ii). For the purposes of this Section, | ||||||
| 19 | "sexual orientation" has the meaning ascribed to it in | ||||||
| 20 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
| 21 | Rights Act; | ||||||
| 22 | (11) the offense took place in a place of worship or on | ||||||
| 23 | the grounds of a place of worship, immediately prior to, | ||||||
| 24 | during or immediately following worship services. For | ||||||
| 25 | purposes of this subparagraph, "place of worship" shall | ||||||
| 26 | mean any church, synagogue or other building, structure or | ||||||
| |||||||
| |||||||
| 1 | place used primarily for religious worship; | ||||||
| 2 | (12) the defendant was convicted of a felony committed | ||||||
| 3 | while he was on pretrial release or his own recognizance | ||||||
| 4 | pending trial for a prior felony and was convicted of such | ||||||
| 5 | prior felony, or the defendant was convicted of a felony | ||||||
| 6 | committed while he was serving a period of probation, | ||||||
| 7 | conditional discharge, or mandatory supervised release | ||||||
| 8 | under subsection (d) of Section 5-8-1 for a prior felony; | ||||||
| 9 | (13) the defendant committed or attempted to commit a | ||||||
| 10 | felony while he was wearing a bulletproof vest. For the | ||||||
| 11 | purposes of this paragraph (13), a bulletproof vest is any | ||||||
| 12 | device which is designed for the purpose of protecting the | ||||||
| 13 | wearer from bullets, shot or other lethal projectiles; | ||||||
| 14 | (14) the defendant held a position of trust or | ||||||
| 15 | supervision such as, but not limited to, family member as | ||||||
| 16 | defined in Section 11-0.1 of the Criminal Code of 2012, | ||||||
| 17 | teacher, scout leader, baby sitter, or day care worker, in | ||||||
| 18 | relation to a victim under 18 years of age, and the | ||||||
| 19 | defendant committed an offense in violation of Section | ||||||
| 20 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 21 | 11-14.4 except for an offense that involves keeping a | ||||||
| 22 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||||||
| 23 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 24 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 25 | of 2012 against that victim; | ||||||
| 26 | (15) the defendant committed an offense related to the | ||||||
| |||||||
| |||||||
| 1 | activities of an organized gang. For the purposes of this | ||||||
| 2 | factor, "organized gang" has the meaning ascribed to it in | ||||||
| 3 | Section 10 of the Streetgang Terrorism Omnibus Prevention | ||||||
| 4 | Act; | ||||||
| 5 | (16) the defendant committed an offense in violation | ||||||
| 6 | of one of the following Sections while in a school, | ||||||
| 7 | regardless of the time of day or time of year; on any | ||||||
| 8 | conveyance owned, leased, or contracted by a school to | ||||||
| 9 | transport students to or from school or a school related | ||||||
| 10 | activity; on the real property of a school; or on a public | ||||||
| 11 | way within 1,000 feet of the real property comprising any | ||||||
| 12 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
| 13 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
| 14 | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
| 15 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, | ||||||
| 16 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
| 17 | for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||||||
| 18 | 1961 or the Criminal Code of 2012; | ||||||
| 19 | (16.5) the defendant committed an offense in violation | ||||||
| 20 | of one of the following Sections while in a day care | ||||||
| 21 | center, regardless of the time of day or time of year; on | ||||||
| 22 | the real property of a day care center, regardless of the | ||||||
| 23 | time of day or time of year; or on a public way within | ||||||
| 24 | 1,000 feet of the real property comprising any day care | ||||||
| 25 | center, regardless of the time of day or time of year: | ||||||
| 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 | (17) the defendant committed the offense by reason of | ||||||
| 8 | any person's activity as a community policing volunteer or | ||||||
| 9 | to prevent any person from engaging in activity as a | ||||||
| 10 | community policing volunteer. For the purpose of this | ||||||
| 11 | Section, "community policing volunteer" has the meaning | ||||||
| 12 | ascribed to it in Section 2-3.5 of the Criminal Code of | ||||||
| 13 | 2012; | ||||||
| 14 | (18) the defendant committed the offense in a nursing | ||||||
| 15 | home or on the real property comprising a nursing home. | ||||||
| 16 | For the purposes of this paragraph (18), "nursing home" | ||||||
| 17 | means a skilled nursing or intermediate long term care | ||||||
| 18 | facility that is subject to license by the Illinois | ||||||
| 19 | Department of Public Health under the Nursing Home Care | ||||||
| 20 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 21 | 2013, the ID/DD Community Care Act, or the MC/DD Act; | ||||||
| 22 | (19) the defendant was a federally licensed firearm | ||||||
| 23 | dealer and was previously convicted of a violation of | ||||||
| 24 | subsection (a) of Section 3 of the Firearm Owners | ||||||
| 25 | Identification Card Act and has now committed either a | ||||||
| 26 | felony violation of the Firearm Owners Identification Card | ||||||
| |||||||
| |||||||
| 1 | Act or an act of armed violence while armed with a firearm; | ||||||
| 2 | (20) the defendant (i) committed the offense of | ||||||
| 3 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
| 4 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
| 5 | driving under the influence of alcohol, other drug or | ||||||
| 6 | drugs, intoxicating compound or compounds or any | ||||||
| 7 | combination thereof under Section 11-501 of the Illinois | ||||||
| 8 | Vehicle Code or a similar provision of a local ordinance | ||||||
| 9 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
| 10 | miles per hour over the posted speed limit as provided in | ||||||
| 11 | Article VI of Chapter 11 of the Illinois Vehicle Code; | ||||||
| 12 | (21) the defendant (i) committed the offense of | ||||||
| 13 | reckless driving or aggravated reckless driving under | ||||||
| 14 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 15 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 16 | over the posted speed limit as provided in Article VI of | ||||||
| 17 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 18 | (22) the defendant committed the offense against a | ||||||
| 19 | person that the defendant knew, or reasonably should have | ||||||
| 20 | known, was a member of the Armed Forces of the United | ||||||
| 21 | States serving on active duty. For purposes of this clause | ||||||
| 22 | (22), the term "Armed Forces" means any of the Armed | ||||||
| 23 | Forces of the United States, including a member of any | ||||||
| 24 | reserve component thereof or National Guard unit called to | ||||||
| 25 | active duty; | ||||||
| 26 | (23) the defendant committed the offense against a | ||||||
| |||||||
| |||||||
| 1 | person who was elderly or infirm or who was a person with a | ||||||
| 2 | disability by taking advantage of a family or fiduciary | ||||||
| 3 | relationship with the elderly or infirm person or person | ||||||
| 4 | with a disability; | ||||||
| 5 | (24) the defendant committed any offense under Section | ||||||
| 6 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 7 | of 2012 and possessed 100 or more images; | ||||||
| 8 | (25) the defendant committed the offense while the | ||||||
| 9 | defendant or the victim was in a train, bus, or other | ||||||
| 10 | vehicle used for public transportation; | ||||||
| 11 | (26) the defendant committed the offense of child | ||||||
| 12 | pornography or aggravated child pornography, specifically | ||||||
| 13 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 14 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| 15 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 16 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 17 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 18 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 19 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 20 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 21 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| 22 | engaged in, solicited for, depicted in, or posed in any | ||||||
| 23 | act of sexual penetration or bound, fettered, or subject | ||||||
| 24 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 25 | sexual context; | ||||||
| 26 | (26.5) the defendant committed the offense of obscene | ||||||
| |||||||
| |||||||
| 1 | depiction of a purported child, specifically including | ||||||
| 2 | paragraph (2) of subsection (b) of Section 11-20.4 of the | ||||||
| 3 | Criminal Code of 2012 if a child engaged in, solicited | ||||||
| 4 | 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 | (27) the defendant committed the offense of first | ||||||
| 8 | degree murder, assault, aggravated assault, battery, | ||||||
| 9 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 10 | robbery against a person who was a veteran and the | ||||||
| 11 | defendant knew, or reasonably should have known, that the | ||||||
| 12 | person was a veteran performing duties as a representative | ||||||
| 13 | of a veterans' organization. For the purposes of this | ||||||
| 14 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 15 | has served as a member of the United States Armed Forces, a | ||||||
| 16 | member of the Illinois National Guard, or a member of the | ||||||
| 17 | United States Reserve Forces; and "veterans' organization" | ||||||
| 18 | means an organization comprised of members of which | ||||||
| 19 | substantially all are individuals who are veterans or | ||||||
| 20 | spouses, widows, or widowers of veterans, the primary | ||||||
| 21 | purpose of which is to promote the welfare of its members | ||||||
| 22 | and to provide assistance to the general public in such a | ||||||
| 23 | way as to confer a public benefit; | ||||||
| 24 | (28) the defendant committed the offense of assault, | ||||||
| 25 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 26 | armed robbery, or aggravated robbery against a person that | ||||||
| |||||||
| |||||||
| 1 | the defendant knew or reasonably should have known was a | ||||||
| 2 | letter carrier or postal worker while that person was | ||||||
| 3 | performing his or her duties delivering mail for the | ||||||
| 4 | United States Postal Service; | ||||||
| 5 | (29) the defendant committed the offense of criminal | ||||||
| 6 | sexual assault, aggravated criminal sexual assault, | ||||||
| 7 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
| 8 | against a victim with an intellectual disability, and the | ||||||
| 9 | defendant holds a position of trust, authority, or | ||||||
| 10 | supervision in relation to the victim; | ||||||
| 11 | (30) the defendant committed the offense of promoting | ||||||
| 12 | juvenile prostitution, patronizing a prostitute, or | ||||||
| 13 | patronizing a minor engaged in prostitution and at the | ||||||
| 14 | time of the commission of the offense knew that the | ||||||
| 15 | prostitute or minor engaged in prostitution was in the | ||||||
| 16 | custody or guardianship of the Department of Children and | ||||||
| 17 | Family Services; | ||||||
| 18 | (31) the defendant (i) committed the offense of | ||||||
| 19 | driving while under the influence of alcohol, other drug | ||||||
| 20 | or drugs, intoxicating compound or compounds or any | ||||||
| 21 | combination thereof in violation of Section 11-501 of the | ||||||
| 22 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 23 | ordinance and (ii) the defendant during the commission of | ||||||
| 24 | the offense was driving his or her vehicle upon a roadway | ||||||
| 25 | designated for one-way traffic in the opposite direction | ||||||
| 26 | of the direction indicated by official traffic control | ||||||
| |||||||
| |||||||
| 1 | devices; | ||||||
| 2 | (32) the defendant committed the offense of reckless | ||||||
| 3 | homicide while committing a violation of Section 11-907 of | ||||||
| 4 | the Illinois Vehicle Code; | ||||||
| 5 | (33) the defendant was found guilty of an | ||||||
| 6 | administrative infraction related to an act or acts of | ||||||
| 7 | public indecency or sexual misconduct in the penal | ||||||
| 8 | institution. In this paragraph (33), "penal institution" | ||||||
| 9 | has the same meaning as in Section 2-14 of the Criminal | ||||||
| 10 | Code of 2012; or | ||||||
| 11 | (34) the defendant committed the offense of leaving | ||||||
| 12 | the scene of a crash in violation of subsection (b) of | ||||||
| 13 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
| 14 | resulted in the death of a person and at the time of the | ||||||
| 15 | offense, the defendant was: (i) driving under the | ||||||
| 16 | influence of alcohol, other drug or drugs, intoxicating | ||||||
| 17 | compound or compounds or any combination thereof as | ||||||
| 18 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
| 19 | (ii) operating the motor vehicle while using an electronic | ||||||
| 20 | communication device as defined in Section 12-610.2 of the | ||||||
| 21 | Illinois Vehicle Code. | ||||||
| 22 | For the purposes of this Section: | ||||||
| 23 | "School" is defined as a public or private elementary or | ||||||
| 24 | secondary school, community college, college, or university. | ||||||
| 25 | "Day care center" means a public or private State | ||||||
| 26 | certified and licensed day care center as defined in Section | ||||||
| |||||||
| |||||||
| 1 | 2.09 of the Child Care Act of 1969 that displays a sign in | ||||||
| 2 | plain view stating that the property is a day care center. | ||||||
| 3 | "Intellectual disability" means significantly subaverage | ||||||
| 4 | intellectual functioning which exists concurrently with | ||||||
| 5 | impairment in adaptive behavior. | ||||||
| 6 | "Public transportation" means the transportation or | ||||||
| 7 | conveyance of persons by means available to the general | ||||||
| 8 | public, and includes paratransit services. | ||||||
| 9 | "Traffic control devices" means all signs, signals, | ||||||
| 10 | markings, and devices that conform to the Illinois Manual on | ||||||
| 11 | Uniform Traffic Control Devices, placed or erected by | ||||||
| 12 | authority of a public body or official having jurisdiction, | ||||||
| 13 | for the purpose of regulating, warning, or guiding traffic. | ||||||
| 14 | (b) The following factors, related to all felonies, may be | ||||||
| 15 | considered by the court as reasons to impose an extended term | ||||||
| 16 | sentence under Section 5-8-2 upon any offender: | ||||||
| 17 | (1) When a defendant is convicted of any felony, after | ||||||
| 18 | having been previously convicted in Illinois or any other | ||||||
| 19 | jurisdiction of the same or similar class felony or | ||||||
| 20 | greater class felony, when such conviction has occurred | ||||||
| 21 | within 10 years after the previous conviction, excluding | ||||||
| 22 | time spent in custody, and such charges are separately | ||||||
| 23 | brought and tried and arise out of different series of | ||||||
| 24 | acts; or | ||||||
| 25 | (2) When a defendant is convicted of any felony and | ||||||
| 26 | the court finds that the offense was accompanied by | ||||||
| |||||||
| |||||||
| 1 | exceptionally brutal or heinous behavior indicative of | ||||||
| 2 | wanton cruelty; or | ||||||
| 3 | (3) When a defendant is convicted of any felony | ||||||
| 4 | committed against: | ||||||
| 5 | (i) a person under 12 years of age at the time of | ||||||
| 6 | the offense or such person's property; | ||||||
| 7 | (ii) a person 60 years of age or older at the time | ||||||
| 8 | of the offense or such person's property; or | ||||||
| 9 | (iii) a person who had a physical disability at | ||||||
| 10 | the time of the offense or such person's property; or | ||||||
| 11 | (4) When a defendant is convicted of any felony and | ||||||
| 12 | the offense involved any of the following types of | ||||||
| 13 | specific misconduct committed as part of a ceremony, rite, | ||||||
| 14 | initiation, observance, performance, practice or activity | ||||||
| 15 | of any actual or ostensible religious, fraternal, or | ||||||
| 16 | social group: | ||||||
| 17 | (i) the brutalizing or torturing of humans or | ||||||
| 18 | animals; | ||||||
| 19 | (ii) the theft of human corpses; | ||||||
| 20 | (iii) the kidnapping of humans; | ||||||
| 21 | (iv) the desecration of any cemetery, religious, | ||||||
| 22 | fraternal, business, governmental, educational, or | ||||||
| 23 | other building or property; or | ||||||
| 24 | (v) ritualized abuse of a child; or | ||||||
| 25 | (5) When a defendant is convicted of a felony other | ||||||
| 26 | than conspiracy and the court finds that the felony was | ||||||
| |||||||
| |||||||
| 1 | committed under an agreement with 2 or more other persons | ||||||
| 2 | to commit that offense and the defendant, with respect to | ||||||
| 3 | the other individuals, occupied a position of organizer, | ||||||
| 4 | supervisor, financier, or any other position of management | ||||||
| 5 | or leadership, and the court further finds that the felony | ||||||
| 6 | committed was related to or in furtherance of the criminal | ||||||
| 7 | activities of an organized gang or was motivated by the | ||||||
| 8 | defendant's leadership in an organized gang; or | ||||||
| 9 | (6) When a defendant is convicted of an offense | ||||||
| 10 | committed while using a firearm with a laser sight | ||||||
| 11 | attached to it. For purposes of this paragraph, "laser | ||||||
| 12 | sight" has the meaning ascribed to it in Section 26-7 of | ||||||
| 13 | the Criminal Code of 2012; or | ||||||
| 14 | (7) When a defendant who was at least 17 years of age | ||||||
| 15 | at the time of the commission of the offense is convicted | ||||||
| 16 | of a felony and has been previously adjudicated a | ||||||
| 17 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 18 | an act that if committed by an adult would be a Class X or | ||||||
| 19 | Class 1 felony when the conviction has occurred within 10 | ||||||
| 20 | years after the previous adjudication, excluding time | ||||||
| 21 | spent in custody; or | ||||||
| 22 | (8) When a defendant commits any felony and the | ||||||
| 23 | defendant used, possessed, exercised control over, or | ||||||
| 24 | otherwise directed an animal to assault a law enforcement | ||||||
| 25 | officer engaged in the execution of his or her official | ||||||
| 26 | duties or in furtherance of the criminal activities of an | ||||||
| |||||||
| |||||||
| 1 | organized gang in which the defendant is engaged; or | ||||||
| 2 | (9) When a defendant commits any felony and the | ||||||
| 3 | defendant knowingly video or audio records the offense | ||||||
| 4 | with the intent to disseminate the recording. | ||||||
| 5 | (c) The following factors may be considered by the court | ||||||
| 6 | as reasons to impose an extended term sentence under Section | ||||||
| 7 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
| 8 | offenses: | ||||||
| 9 | (1) When a defendant is convicted of first degree | ||||||
| 10 | murder, after having been previously convicted in Illinois | ||||||
| 11 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 12 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
| 13 | occurred within 10 years after the previous conviction, | ||||||
| 14 | excluding time spent in custody, and the charges are | ||||||
| 15 | separately brought and tried and arise out of different | ||||||
| 16 | series of acts. | ||||||
| 17 | (1.5) When a defendant is convicted of first degree | ||||||
| 18 | murder, after having been previously convicted of domestic | ||||||
| 19 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 20 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 21 | having been previously convicted of violation of an order | ||||||
| 22 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| 23 | was the protected person. | ||||||
| 24 | (2) When a defendant is convicted of voluntary | ||||||
| 25 | manslaughter, second degree murder, involuntary | ||||||
| 26 | manslaughter, or reckless homicide in which the defendant | ||||||
| |||||||
| |||||||
| 1 | has been convicted of causing the death of more than one | ||||||
| 2 | individual. | ||||||
| 3 | (3) When a defendant is convicted of aggravated | ||||||
| 4 | criminal sexual assault or criminal sexual assault, when | ||||||
| 5 | there is a finding that aggravated criminal sexual assault | ||||||
| 6 | or criminal sexual assault was also committed on the same | ||||||
| 7 | victim by one or more other individuals, and the defendant | ||||||
| 8 | voluntarily participated in the crime with the knowledge | ||||||
| 9 | of the participation of the others in the crime, and the | ||||||
| 10 | commission of the crime was part of a single course of | ||||||
| 11 | conduct during which there was no substantial change in | ||||||
| 12 | the nature of the criminal objective. | ||||||
| 13 | (4) If the victim was under 18 years of age at the time | ||||||
| 14 | of the commission of the offense, when a defendant is | ||||||
| 15 | convicted of aggravated criminal sexual assault or | ||||||
| 16 | predatory criminal sexual assault of a child under | ||||||
| 17 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 18 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 20 | (5) When a defendant is convicted of a felony | ||||||
| 21 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
| 22 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| 23 | finding that the defendant is a member of an organized | ||||||
| 24 | gang. | ||||||
| 25 | (6) When a defendant was convicted of unlawful | ||||||
| 26 | possession of weapons under Section 24-1 of the Criminal | ||||||
| |||||||
| |||||||
| 1 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1) | ||||||
| 2 | for possessing a weapon that is not readily | ||||||
| 3 | distinguishable as one of the weapons enumerated in | ||||||
| 4 | Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
| 5 | Code of 2012 (720 ILCS 5/24-1). | ||||||
| 6 | (7) When a defendant is convicted of an offense | ||||||
| 7 | involving the illegal manufacture of a controlled | ||||||
| 8 | substance under Section 401 of the Illinois Controlled | ||||||
| 9 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 10 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| 11 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 12 | the illegal possession of explosives and an emergency | ||||||
| 13 | response officer in the performance of his or her duties | ||||||
| 14 | is killed or injured at the scene of the offense while | ||||||
| 15 | responding to the emergency caused by the commission of | ||||||
| 16 | the offense. In this paragraph, "emergency" means a | ||||||
| 17 | situation in which a person's life, health, or safety is | ||||||
| 18 | in jeopardy; and "emergency response officer" means a | ||||||
| 19 | peace officer, community policing volunteer, fireman, | ||||||
| 20 | emergency medical technician-ambulance, emergency medical | ||||||
| 21 | technician-intermediate, emergency medical | ||||||
| 22 | technician-paramedic, ambulance driver, other medical | ||||||
| 23 | assistance or first aid personnel, or hospital emergency | ||||||
| 24 | room personnel. | ||||||
| 25 | (8) When the defendant is convicted of attempted mob | ||||||
| 26 | action, solicitation to commit mob action, or conspiracy | ||||||
| |||||||
| |||||||
| 1 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 2 | Criminal Code of 2012, where the criminal object is a | ||||||
| 3 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
| 4 | and an electronic communication is used in the commission | ||||||
| 5 | of the offense. For the purposes of this paragraph (8), | ||||||
| 6 | "electronic communication" shall have the meaning provided | ||||||
| 7 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 8 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 9 | the meaning ascribed to it in Section 10 of the Illinois | ||||||
| 10 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
| 11 | (e) The court may impose an extended term sentence under | ||||||
| 12 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 13 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 14 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 15 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 16 | when the victim of the offense is under 18 years of age at the | ||||||
| 17 | time of the commission of the offense and, during the | ||||||
| 18 | commission of the offense, the victim was under the influence | ||||||
| 19 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 20 | supplied by the offender; and the offender, at the time of the | ||||||
| 21 | commission of the offense, knew or should have known that the | ||||||
| 22 | victim had consumed alcohol. | ||||||
| 23 | (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23; | ||||||
| 24 | 103-822, eff. 1-1-25; 103-825, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 25 | (730 ILCS 5/5-6-3.6) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-6-3.6. First Time Weapon Offense Program. | ||||||
| 2 | (a) The General Assembly has sought to promote public | ||||||
| 3 | safety, reduce recidivism, and conserve valuable resources of | ||||||
| 4 | the criminal justice system through the creation of diversion | ||||||
| 5 | programs for non-violent offenders. Public Act 103-370 This | ||||||
| 6 | amendatory Act of the 103rd General Assembly establishes a | ||||||
| 7 | program for first-time, non-violent offenders charged with | ||||||
| 8 | certain weapons possession offenses. The General Assembly | ||||||
| 9 | recognizes some persons, particularly in areas of high crime | ||||||
| 10 | or poverty, may have experienced trauma that contributes to | ||||||
| 11 | poor decision making skills, and the creation of a | ||||||
| 12 | diversionary program poses a greater benefit to the community | ||||||
| 13 | and the person than incarceration. Under this program, a | ||||||
| 14 | court, with the consent of the defendant and the State's | ||||||
| 15 | Attorney, may sentence a defendant charged with an unlawful | ||||||
| 16 | possession of weapons offense under Section 24-1 of the | ||||||
| 17 | Criminal Code of 2012 or aggravated unlawful possession of a | ||||||
| 18 | weapon offense under Section 24-1.6 of the Criminal Code of | ||||||
| 19 | 2012, if punishable as a Class 4 felony or lower, to a First | ||||||
| 20 | Time Weapon Offense Program. | ||||||
| 21 | (b) A defendant is not eligible for this Program if: | ||||||
| 22 | (1) the offense was committed during the commission of | ||||||
| 23 | a violent offense as defined in subsection (h) of this | ||||||
| 24 | Section; | ||||||
| 25 | (2) he or she has previously been convicted or placed | ||||||
| 26 | on probation or conditional discharge for any violent | ||||||
| |||||||
| |||||||
| 1 | offense under the laws of this State, the laws of any other | ||||||
| 2 | state, or the laws of the United States; | ||||||
| 3 | (3) he or she had a prior successful completion of the | ||||||
| 4 | First Time Weapon Offense Program under this Section; | ||||||
| 5 | (4) he or she has previously been adjudicated a | ||||||
| 6 | delinquent minor for the commission of a violent offense; | ||||||
| 7 | (5) (blank); or | ||||||
| 8 | (6) he or she has an existing order of protection | ||||||
| 9 | issued against him or her. | ||||||
| 10 | (b-5) In considering whether a defendant shall be | ||||||
| 11 | sentenced to the First Time Weapon Offense Program, the court | ||||||
| 12 | shall consider the following: | ||||||
| 13 | (1) the age, immaturity, or limited mental capacity of | ||||||
| 14 | the defendant; | ||||||
| 15 | (2) the nature and circumstances of the offense; | ||||||
| 16 | (3) whether participation in the Program is in the | ||||||
| 17 | interest of the defendant's rehabilitation, including any | ||||||
| 18 | employment or involvement in community, educational, | ||||||
| 19 | training, or vocational programs; | ||||||
| 20 | (4) whether the defendant suffers from trauma, as | ||||||
| 21 | supported by documentation or evaluation by a licensed | ||||||
| 22 | professional; and | ||||||
| 23 | (5) the potential risk to public safety. | ||||||
| 24 | (c) For an offense committed on or after January 1, 2018 | ||||||
| 25 | (the effective date of Public Act 100-3) whenever an eligible | ||||||
| 26 | person pleads guilty to an unlawful possession of weapons | ||||||
| |||||||
| |||||||
| 1 | offense under Section 24-1 of the Criminal Code of 2012 or | ||||||
| 2 | aggravated unlawful possession of a weapon offense under | ||||||
| 3 | Section 24-1.6 of the Criminal Code of 2012, which is | ||||||
| 4 | punishable as a Class 4 felony or lower, the court, with the | ||||||
| 5 | consent of the defendant and the State's Attorney, may, | ||||||
| 6 | without entering a judgment, sentence the defendant to | ||||||
| 7 | complete the First Time Weapon Offense Program. When a | ||||||
| 8 | defendant is placed in the Program, the court shall defer | ||||||
| 9 | further proceedings in the case until the conclusion of the | ||||||
| 10 | period or until the filing of a petition alleging violation of | ||||||
| 11 | a term or condition of the Program. A disposition of probation | ||||||
| 12 | is considered to be a conviction for the purposes of imposing | ||||||
| 13 | the conditions of probation and for appeal; , however, a | ||||||
| 14 | sentence under this Section is not a conviction for purposes | ||||||
| 15 | of this Act or for purposes of disqualifications or | ||||||
| 16 | disabilities imposed by law upon conviction of a crime unless | ||||||
| 17 | and until judgment is entered. Upon violation of a term or | ||||||
| 18 | condition of the Program, the court may enter a judgment on its | ||||||
| 19 | original finding of guilt and proceed as otherwise provided by | ||||||
| 20 | law. Upon fulfillment of the terms and conditions of the | ||||||
| 21 | Program, the court shall discharge the person and dismiss the | ||||||
| 22 | proceedings against the person. | ||||||
| 23 | (d) The Program shall be at least 6 months and not to | ||||||
| 24 | exceed 24 months, as determined by the court at the | ||||||
| 25 | recommendation of the Program administrator and the State's | ||||||
| 26 | Attorney. The Program administrator may be appointed by the | ||||||
| |||||||
| |||||||
| 1 | Chief Judge of each Judicial Circuit. | ||||||
| 2 | (e) The conditions of the Program shall be that the | ||||||
| 3 | defendant: | ||||||
| 4 | (1) not violate any criminal statute of this State or | ||||||
| 5 | any other jurisdiction; | ||||||
| 6 | (2) refrain from possessing a firearm or other | ||||||
| 7 | dangerous weapon; | ||||||
| 8 | (3) (blank); | ||||||
| 9 | (4) (blank); | ||||||
| 10 | (5) (blank); | ||||||
| 11 | (6) (blank); | ||||||
| 12 | (7) attend and participate in any Program activities | ||||||
| 13 | deemed required by the Program administrator, such as: | ||||||
| 14 | counseling sessions, in-person and over the phone | ||||||
| 15 | check-ins, and educational classes; and | ||||||
| 16 | (8) (blank). | ||||||
| 17 | (f) The Program may, in addition to other conditions, | ||||||
| 18 | require that the defendant: | ||||||
| 19 | (1) obtain or attempt to obtain employment; | ||||||
| 20 | (2) attend educational courses designed to prepare the | ||||||
| 21 | defendant for obtaining a high school diploma or to work | ||||||
| 22 | toward passing high school equivalency testing or to work | ||||||
| 23 | toward completing a vocational training program; | ||||||
| 24 | (3) refrain from having in his or her body the | ||||||
| 25 | presence of any illicit drug prohibited by the | ||||||
| 26 | Methamphetamine Control and Community Protection Act or | ||||||
| |||||||
| |||||||
| 1 | the Illinois Controlled Substances Act, unless prescribed | ||||||
| 2 | by a physician, and submit samples of his or her blood or | ||||||
| 3 | urine or both for tests to determine the presence of any | ||||||
| 4 | illicit drug; | ||||||
| 5 | (4) perform community service; | ||||||
| 6 | (5) pay all fines, assessments, fees, and costs; and | ||||||
| 7 | (6) comply with such other reasonable conditions as | ||||||
| 8 | the court may impose. | ||||||
| 9 | (g) There may be only one discharge and dismissal under | ||||||
| 10 | this Section. If a person is convicted of any offense which | ||||||
| 11 | occurred within 5 years subsequent to a discharge and | ||||||
| 12 | dismissal under this Section, the discharge and dismissal | ||||||
| 13 | under this Section shall be admissible in the sentencing | ||||||
| 14 | proceeding for that conviction as evidence in aggravation. | ||||||
| 15 | (h) For purposes of this Section, "violent offense" means | ||||||
| 16 | any offense in which bodily harm was inflicted or force was | ||||||
| 17 | used against any person or threatened against any person; any | ||||||
| 18 | offense involving the possession of a firearm or dangerous | ||||||
| 19 | weapon; any offense involving sexual conduct, sexual | ||||||
| 20 | penetration, or sexual exploitation; violation of an order of | ||||||
| 21 | protection, stalking, hate crime, domestic battery, or any | ||||||
| 22 | offense of domestic violence. | ||||||
| 23 | (i) (Blank). | ||||||
| 24 | (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22; | ||||||
| 25 | 103-370, eff. 7-28-23; 103-702, eff. 1-1-25; 103-822, eff. | ||||||
| 26 | 1-1-25; revised 11-26-24.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/5-6-3.8) | ||||||
| 2 | Sec. 5-6-3.8. Eligibility for programs restricted by | ||||||
| 3 | felony background. Any conviction entered prior to July 1, | ||||||
| 4 | 2021 (the effective date of Public Act 101-652) this | ||||||
| 5 | amendatory Act of the 101st General Assembly for: | ||||||
| 6 | (1) felony possession of a controlled substance, or | ||||||
| 7 | possession with intent to manufacture or deliver a | ||||||
| 8 | controlled substance, in a total amount equal to or less | ||||||
| 9 | than the amounts listed in subsection (a-5) of Section 402 | ||||||
| 10 | of the Illinois Controlled Substances Act; or | ||||||
| 11 | (2) felony possession of methamphetamine, or | ||||||
| 12 | possession with intent to deliver methamphetamine, in an | ||||||
| 13 | amount less than 3 grams; or any adjudication of | ||||||
| 14 | delinquency under the Juvenile Court Act of 1987 for acts | ||||||
| 15 | that would have constituted those felonies if committed by | ||||||
| 16 | an adult; , | ||||||
| 17 | shall be treated as a Class A misdemeanor for the purposes of | ||||||
| 18 | evaluating a defendant's eligibility for programs of qualified | ||||||
| 19 | probation, impact incarceration, or any other diversion, | ||||||
| 20 | deflection, probation, or other program for which felony | ||||||
| 21 | background or delinquency background is a factor in | ||||||
| 22 | determining eligibility.". | ||||||
| 23 | (Source: P.A. 101-652, eff. 7-1-21; revised 1-15-25.)
| ||||||
| 24 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
| 2 | use of a firearm; mandatory supervised release terms. | ||||||
| 3 | (a) Except as otherwise provided in the statute defining | ||||||
| 4 | the offense or in Article 4.5 of Chapter V, a sentence of | ||||||
| 5 | imprisonment for a felony shall be a determinate sentence set | ||||||
| 6 | by the court under this Section, subject to Section 5-4.5-115 | ||||||
| 7 | of this Code, according to the following limitations: | ||||||
| 8 | (1) for first degree murder, | ||||||
| 9 | (a) (blank), | ||||||
| 10 | (b) if a trier of fact finds beyond a reasonable | ||||||
| 11 | doubt that the murder was accompanied by exceptionally | ||||||
| 12 | brutal or heinous behavior indicative of wanton | ||||||
| 13 | cruelty or, except as set forth in subsection | ||||||
| 14 | (a)(1)(c) of this Section, that any of the aggravating | ||||||
| 15 | factors listed in subparagraph (b-5) are present, the | ||||||
| 16 | court may sentence the defendant, subject to Section | ||||||
| 17 | 5-4.5-105, to a term of natural life imprisonment, or | ||||||
| 18 | (b-5) a A defendant who at the time of the | ||||||
| 19 | commission of the offense has attained the age of 18 or | ||||||
| 20 | more and who has been found guilty of first degree | ||||||
| 21 | murder may be sentenced to a term of natural life | ||||||
| 22 | imprisonment if: | ||||||
| 23 | (1) the murdered individual was an inmate at | ||||||
| 24 | an institution or facility of the Department of | ||||||
| 25 | Corrections, or any similar local correctional | ||||||
| 26 | agency and was killed on the grounds thereof, or | ||||||
| |||||||
| |||||||
| 1 | the murdered individual was otherwise present in | ||||||
| 2 | such institution or facility with the knowledge | ||||||
| 3 | and approval of the chief administrative officer | ||||||
| 4 | thereof; | ||||||
| 5 | (2) the murdered individual was killed as a | ||||||
| 6 | result of the hijacking of an airplane, train, | ||||||
| 7 | ship, bus, or other public conveyance; | ||||||
| 8 | (3) the defendant committed the murder | ||||||
| 9 | pursuant to a contract, agreement, or | ||||||
| 10 | understanding by which he or she was to receive | ||||||
| 11 | money or anything of value in return for | ||||||
| 12 | committing the murder or procured another to | ||||||
| 13 | commit the murder for money or anything of value; | ||||||
| 14 | (4) the murdered individual was killed in the | ||||||
| 15 | course of another felony if: | ||||||
| 16 | (A) the murdered individual: | ||||||
| 17 | (i) was actually killed by the | ||||||
| 18 | defendant, or | ||||||
| 19 | (ii) received physical injuries | ||||||
| 20 | personally inflicted by the defendant | ||||||
| 21 | substantially contemporaneously with | ||||||
| 22 | physical injuries caused by one or more | ||||||
| 23 | persons for whose conduct the defendant is | ||||||
| 24 | legally accountable under Section 5-2 of | ||||||
| 25 | this Code, and the physical injuries | ||||||
| 26 | inflicted by either the defendant or the | ||||||
| |||||||
| |||||||
| 1 | other person or persons for whose conduct | ||||||
| 2 | he is legally accountable caused the death | ||||||
| 3 | of the murdered individual; and (B) in | ||||||
| 4 | performing the acts which caused the death | ||||||
| 5 | of the murdered individual or which | ||||||
| 6 | resulted in physical injuries personally | ||||||
| 7 | inflicted by the defendant on the murdered | ||||||
| 8 | individual under the circumstances of | ||||||
| 9 | subdivision (ii) of clause (A) of this | ||||||
| 10 | clause (4), the defendant acted with the | ||||||
| 11 | intent to kill the murdered individual or | ||||||
| 12 | with the knowledge that his or her acts | ||||||
| 13 | created a strong probability of death or | ||||||
| 14 | great bodily harm to the murdered | ||||||
| 15 | individual or another; and | ||||||
| 16 | (B) in performing the acts which caused | ||||||
| 17 | the death of the murdered individual or which | ||||||
| 18 | resulted in physical injuries personally | ||||||
| 19 | inflicted by the defendant on the murdered | ||||||
| 20 | individual under the circumstances of | ||||||
| 21 | subdivision (ii) of clause (A) of this clause | ||||||
| 22 | (4), the defendant acted with the intent to | ||||||
| 23 | kill the murdered individual or with the | ||||||
| 24 | knowledge that his or her acts created a | ||||||
| 25 | strong probability of death or great bodily | ||||||
| 26 | harm to the murdered individual or another; | ||||||
| |||||||
| |||||||
| 1 | and | ||||||
| 2 | (C) the other felony was an inherently | ||||||
| 3 | violent crime or the attempt to commit an | ||||||
| 4 | inherently violent crime. In this clause (C), | ||||||
| 5 | "inherently violent crime" includes, but is | ||||||
| 6 | not limited to, armed robbery, robbery, | ||||||
| 7 | predatory criminal sexual assault of a child, | ||||||
| 8 | aggravated criminal sexual assault, aggravated | ||||||
| 9 | kidnapping, aggravated vehicular hijacking, | ||||||
| 10 | aggravated arson, aggravated stalking, | ||||||
| 11 | residential burglary, and home invasion; | ||||||
| 12 | (5) the defendant committed the murder with | ||||||
| 13 | intent to prevent the murdered individual from | ||||||
| 14 | testifying or participating in any criminal | ||||||
| 15 | investigation or prosecution or giving material | ||||||
| 16 | assistance to the State in any investigation or | ||||||
| 17 | prosecution, either against the defendant or | ||||||
| 18 | another; or the defendant committed the murder | ||||||
| 19 | because the murdered individual was a witness in | ||||||
| 20 | any prosecution or gave material assistance to the | ||||||
| 21 | State in any investigation or prosecution, either | ||||||
| 22 | against the defendant or another; for purposes of | ||||||
| 23 | this clause (5), "participating in any criminal | ||||||
| 24 | investigation or prosecution" is intended to | ||||||
| 25 | include those appearing in the proceedings in any | ||||||
| 26 | capacity such as trial judges, prosecutors, | ||||||
| |||||||
| |||||||
| 1 | defense attorneys, investigators, witnesses, or | ||||||
| 2 | jurors; | ||||||
| 3 | (6) the defendant, while committing an offense | ||||||
| 4 | punishable under Section 401, 401.1, 401.2, 405, | ||||||
| 5 | 405.2, 407, or 407.1 or subsection (b) of Section | ||||||
| 6 | 404 of the Illinois Controlled Substances Act, or | ||||||
| 7 | while engaged in a conspiracy or solicitation to | ||||||
| 8 | commit such offense, intentionally killed an | ||||||
| 9 | individual or counseled, commanded, induced, | ||||||
| 10 | procured, or caused the intentional killing of the | ||||||
| 11 | murdered individual; | ||||||
| 12 | (7) the defendant was incarcerated in an | ||||||
| 13 | institution or facility of the Department of | ||||||
| 14 | Corrections at the time of the murder, and while | ||||||
| 15 | committing an offense punishable as a felony under | ||||||
| 16 | Illinois law, or while engaged in a conspiracy or | ||||||
| 17 | solicitation to commit such offense, intentionally | ||||||
| 18 | killed an individual or counseled, commanded, | ||||||
| 19 | induced, procured, or caused the intentional | ||||||
| 20 | killing of the murdered individual; | ||||||
| 21 | (8) the murder was committed in a cold, | ||||||
| 22 | calculated and premeditated manner pursuant to a | ||||||
| 23 | preconceived plan, scheme, or design to take a | ||||||
| 24 | human life by unlawful means, and the conduct of | ||||||
| 25 | the defendant created a reasonable expectation | ||||||
| 26 | that the death of a human being would result | ||||||
| |||||||
| |||||||
| 1 | therefrom; | ||||||
| 2 | (9) the defendant was a principal | ||||||
| 3 | administrator, organizer, or leader of a | ||||||
| 4 | calculated criminal drug conspiracy consisting of | ||||||
| 5 | a hierarchical position of authority superior to | ||||||
| 6 | that of all other members of the conspiracy, and | ||||||
| 7 | the defendant counseled, commanded, induced, | ||||||
| 8 | procured, or caused the intentional killing of the | ||||||
| 9 | murdered person; | ||||||
| 10 | (10) the murder was intentional and involved | ||||||
| 11 | the infliction of torture. For the purpose of this | ||||||
| 12 | clause (10), torture means the infliction of or | ||||||
| 13 | subjection to extreme physical pain, motivated by | ||||||
| 14 | an intent to increase or prolong the pain, | ||||||
| 15 | suffering, or agony of the victim; | ||||||
| 16 | (11) the murder was committed as a result of | ||||||
| 17 | the intentional discharge of a firearm by the | ||||||
| 18 | defendant from a motor vehicle and the victim was | ||||||
| 19 | not present within the motor vehicle; | ||||||
| 20 | (12) the murdered individual was a person with | ||||||
| 21 | a disability and the defendant knew or should have | ||||||
| 22 | known that the murdered individual was a person | ||||||
| 23 | with a disability. For purposes of this clause | ||||||
| 24 | (12), "person with a disability" means a person | ||||||
| 25 | who suffers from a permanent physical or mental | ||||||
| 26 | impairment resulting from disease, an injury, a | ||||||
| |||||||
| |||||||
| 1 | functional disorder, or a congenital condition | ||||||
| 2 | that renders the person incapable of adequately | ||||||
| 3 | providing for his or her own health or personal | ||||||
| 4 | care; | ||||||
| 5 | (13) the murdered individual was subject to an | ||||||
| 6 | order of protection and the murder was committed | ||||||
| 7 | by a person against whom the same order of | ||||||
| 8 | protection was issued under the Illinois Domestic | ||||||
| 9 | Violence Act of 1986; | ||||||
| 10 | (14) the murdered individual was known by the | ||||||
| 11 | defendant to be a teacher or other person employed | ||||||
| 12 | in any school and the teacher or other employee is | ||||||
| 13 | upon the grounds of a school or grounds adjacent | ||||||
| 14 | to a school, or is in any part of a building used | ||||||
| 15 | for school purposes; | ||||||
| 16 | (15) the murder was committed by the defendant | ||||||
| 17 | in connection with or as a result of the offense of | ||||||
| 18 | terrorism as defined in Section 29D-14.9 of this | ||||||
| 19 | Code; | ||||||
| 20 | (16) the murdered individual was a member of a | ||||||
| 21 | congregation engaged in prayer or other religious | ||||||
| 22 | activities at a church, synagogue, mosque, or | ||||||
| 23 | other building, structure, or place used for | ||||||
| 24 | religious worship; or | ||||||
| 25 | (17)(i) the murdered individual was a | ||||||
| 26 | physician, physician assistant, psychologist, | ||||||
| |||||||
| |||||||
| 1 | nurse, or advanced practice registered nurse; | ||||||
| 2 | (ii) the defendant knew or should have known | ||||||
| 3 | that the murdered individual was a physician, | ||||||
| 4 | physician assistant, psychologist, nurse, or | ||||||
| 5 | advanced practice registered nurse; and | ||||||
| 6 | (iii) the murdered individual was killed in | ||||||
| 7 | the course of acting in his or her capacity as a | ||||||
| 8 | physician, physician assistant, psychologist, | ||||||
| 9 | nurse, or advanced practice registered nurse, or | ||||||
| 10 | to prevent him or her from acting in that | ||||||
| 11 | capacity, or in retaliation for his or her acting | ||||||
| 12 | in that capacity. | ||||||
| 13 | (c) the court shall sentence the defendant to a | ||||||
| 14 | term of natural life imprisonment if the defendant, at | ||||||
| 15 | the time of the commission of the murder, had attained | ||||||
| 16 | the age of 18, and: | ||||||
| 17 | (i) has previously been convicted of first | ||||||
| 18 | degree murder under any state or federal law, or | ||||||
| 19 | (ii) is found guilty of murdering more than | ||||||
| 20 | one victim, or | ||||||
| 21 | (iii) is found guilty of murdering a peace | ||||||
| 22 | officer, fireman, or emergency management worker | ||||||
| 23 | when the peace officer, fireman, or emergency | ||||||
| 24 | management worker was killed in the course of | ||||||
| 25 | performing his official duties, or to prevent the | ||||||
| 26 | peace officer or fireman from performing his | ||||||
| |||||||
| |||||||
| 1 | official duties, or in retaliation for the peace | ||||||
| 2 | officer, fireman, or emergency management worker | ||||||
| 3 | from performing his official duties, and the | ||||||
| 4 | defendant knew or should have known that the | ||||||
| 5 | murdered individual was a peace officer, fireman, | ||||||
| 6 | or emergency management worker, or | ||||||
| 7 | (iv) is found guilty of murdering an employee | ||||||
| 8 | of an institution or facility of the Department of | ||||||
| 9 | Corrections, or any similar local correctional | ||||||
| 10 | agency, when the employee was killed in the course | ||||||
| 11 | of performing his official duties, or to prevent | ||||||
| 12 | the employee from performing his official duties, | ||||||
| 13 | or in retaliation for the employee performing his | ||||||
| 14 | official duties, or | ||||||
| 15 | (v) is found guilty of murdering an emergency | ||||||
| 16 | medical technician - ambulance, emergency medical | ||||||
| 17 | technician - intermediate, emergency medical | ||||||
| 18 | technician - paramedic, ambulance driver, or other | ||||||
| 19 | medical assistance or first aid person while | ||||||
| 20 | employed by a municipality or other governmental | ||||||
| 21 | unit when the person was killed in the course of | ||||||
| 22 | performing official duties or to prevent the | ||||||
| 23 | person from performing official duties or in | ||||||
| 24 | retaliation for performing official duties and the | ||||||
| 25 | defendant knew or should have known that the | ||||||
| 26 | murdered individual was an emergency medical | ||||||
| |||||||
| |||||||
| 1 | technician - ambulance, emergency medical | ||||||
| 2 | technician - intermediate, emergency medical | ||||||
| 3 | technician - paramedic, ambulance driver, or other | ||||||
| 4 | medical assistant or first aid personnel, or | ||||||
| 5 | (vi) (blank), or | ||||||
| 6 | (vii) is found guilty of first degree murder | ||||||
| 7 | and the murder was committed by reason of any | ||||||
| 8 | person's activity as a community policing | ||||||
| 9 | volunteer or to prevent any person from engaging | ||||||
| 10 | in activity as a community policing volunteer. For | ||||||
| 11 | the purpose of this Section, "community policing | ||||||
| 12 | volunteer" has the meaning ascribed to it in | ||||||
| 13 | Section 2-3.5 of the Criminal Code of 2012. | ||||||
| 14 | For purposes of clause (v), "emergency medical | ||||||
| 15 | technician - ambulance", "emergency medical technician - | ||||||
| 16 | intermediate", and "emergency medical technician - | ||||||
| 17 | paramedic", have the meanings ascribed to them in the | ||||||
| 18 | Emergency Medical Services (EMS) Systems Act. | ||||||
| 19 | (d)(i) if the person committed the offense while | ||||||
| 20 | armed with a firearm, 15 years shall be added to | ||||||
| 21 | the term of imprisonment imposed by the court; | ||||||
| 22 | (ii) if, during the commission of the offense, the | ||||||
| 23 | person personally discharged a firearm, 20 years shall | ||||||
| 24 | be added to the term of imprisonment imposed by the | ||||||
| 25 | court; | ||||||
| 26 | (iii) if, during the commission of the offense, | ||||||
| |||||||
| |||||||
| 1 | the person personally discharged a firearm that | ||||||
| 2 | proximately caused great bodily harm, permanent | ||||||
| 3 | disability, permanent disfigurement, or death to | ||||||
| 4 | another person, 25 years or up to a term of natural | ||||||
| 5 | life shall be added to the term of imprisonment | ||||||
| 6 | imposed by the court. | ||||||
| 7 | (2) (blank); | ||||||
| 8 | (2.5) for a person who has attained the age of 18 years | ||||||
| 9 | at the time of the commission of the offense and who is | ||||||
| 10 | convicted under the circumstances described in subdivision | ||||||
| 11 | (b)(1)(B) of Section 11-1.20 or paragraph (3) of | ||||||
| 12 | subsection (b) of Section 12-13, subdivision (d)(2) of | ||||||
| 13 | Section 11-1.30 or paragraph (2) of subsection (d) of | ||||||
| 14 | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||||||
| 15 | paragraph (1.2) of subsection (b) of Section 12-14.1, | ||||||
| 16 | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||||||
| 17 | subsection (b) of Section 12-14.1 of the Criminal Code of | ||||||
| 18 | 1961 or the Criminal Code of 2012, the sentence shall be a | ||||||
| 19 | term of natural life imprisonment. | ||||||
| 20 | (b) (Blank). | ||||||
| 21 | (c) (Blank). | ||||||
| 22 | (d) Subject to earlier termination under Section 3-3-8, | ||||||
| 23 | the parole or mandatory supervised release term shall be | ||||||
| 24 | written as part of the sentencing order and shall be as | ||||||
| 25 | follows: | ||||||
| 26 | (1) for first degree murder or for the offenses of | ||||||
| |||||||
| |||||||
| 1 | predatory criminal sexual assault of a child, aggravated | ||||||
| 2 | criminal sexual assault, and criminal sexual assault if | ||||||
| 3 | committed on or before December 12, 2005, 3 years; | ||||||
| 4 | (1.5) except as provided in paragraph (7) of this | ||||||
| 5 | subsection (d), for a Class X felony except for the | ||||||
| 6 | offenses of predatory criminal sexual assault of a child, | ||||||
| 7 | aggravated criminal sexual assault, and criminal sexual | ||||||
| 8 | assault if committed on or after December 13, 2005 (the | ||||||
| 9 | effective date of Public Act 94-715) and except for the | ||||||
| 10 | offense of aggravated child pornography under Section | ||||||
| 11 | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under | ||||||
| 12 | subsection (c-5) of Section 11-20.1 of the Criminal Code | ||||||
| 13 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
| 14 | after January 1, 2009, and except for the offense of | ||||||
| 15 | obscene depiction of a purported child with sentencing | ||||||
| 16 | under subsection (d) of Section 11-20.4 of the Criminal | ||||||
| 17 | Code of 2012, 18 months; | ||||||
| 18 | (2) except as provided in paragraph (7) of this | ||||||
| 19 | subsection (d), for a Class 1 felony or a Class 2 felony | ||||||
| 20 | except for the offense of criminal sexual assault if | ||||||
| 21 | committed on or after December 13, 2005 (the effective | ||||||
| 22 | date of Public Act 94-715) and except for the offenses of | ||||||
| 23 | manufacture and dissemination of child pornography under | ||||||
| 24 | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | ||||||
| 25 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
| 26 | committed on or after January 1, 2009, and except for the | ||||||
| |||||||
| |||||||
| 1 | offense of obscene depiction of a purported child under | ||||||
| 2 | paragraph (2) of subsection (b) of Section 11-20.4 of the | ||||||
| 3 | Criminal Code of 2012, 12 months; | ||||||
| 4 | (3) except as provided in paragraph (4), (6), or (7) | ||||||
| 5 | of this subsection (d), for a Class 3 felony or a Class 4 | ||||||
| 6 | felony, 6 months; no later than 45 days after the onset of | ||||||
| 7 | the term of mandatory supervised release, the Prisoner | ||||||
| 8 | Review Board shall conduct a discretionary discharge | ||||||
| 9 | review pursuant to the provisions of Section 3-3-8, which | ||||||
| 10 | shall include the results of a standardized risk and needs | ||||||
| 11 | assessment tool administered by the Department of | ||||||
| 12 | Corrections; the changes to this paragraph (3) made by | ||||||
| 13 | Public Act 102-1104 this amendatory Act of the 102nd | ||||||
| 14 | General Assembly apply to all individuals released on | ||||||
| 15 | mandatory supervised release on or after December 6, 2022 | ||||||
| 16 | (the effective date of Public Act 102-1104) this | ||||||
| 17 | amendatory Act of the 102nd General Assembly, including | ||||||
| 18 | those individuals whose sentences were imposed prior to | ||||||
| 19 | December 6, 2022 (the effective date of Public Act | ||||||
| 20 | 102-1104) this amendatory Act of the 102nd General | ||||||
| 21 | Assembly; | ||||||
| 22 | (4) for defendants who commit the offense of predatory | ||||||
| 23 | criminal sexual assault of a child, aggravated criminal | ||||||
| 24 | sexual assault, or criminal sexual assault, on or after | ||||||
| 25 | December 13, 2005 (the effective date of Public Act | ||||||
| 26 | 94-715), or who commit the offense of aggravated child | ||||||
| |||||||
| |||||||
| 1 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
| 2 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
| 3 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 4 | manufacture of child pornography, or dissemination of | ||||||
| 5 | child pornography after January 1, 2009, or who commit the | ||||||
| 6 | offense of obscene depiction of a purported child under | ||||||
| 7 | paragraph (2) of subsection (b) of Section 11-20.4 of the | ||||||
| 8 | Criminal Code of 2012 or who commit the offense of obscene | ||||||
| 9 | depiction of a purported child with sentencing under | ||||||
| 10 | subsection (d) of Section 11-20.4 of the Criminal Code of | ||||||
| 11 | 2012, the term of mandatory supervised release shall range | ||||||
| 12 | from a minimum of 3 years to a maximum of the natural life | ||||||
| 13 | of the defendant; | ||||||
| 14 | (5) if the victim is under 18 years of age, for a | ||||||
| 15 | second or subsequent offense of aggravated criminal sexual | ||||||
| 16 | abuse or felony criminal sexual abuse, 4 years, at least | ||||||
| 17 | the first 2 years of which the defendant shall serve in an | ||||||
| 18 | electronic monitoring or home detention program under | ||||||
| 19 | Article 8A of Chapter V of this Code; | ||||||
| 20 | (6) for a felony domestic battery, aggravated domestic | ||||||
| 21 | battery, stalking, aggravated stalking, and a felony | ||||||
| 22 | violation of an order of protection, 4 years; | ||||||
| 23 | (7) for any felony described in paragraph (a)(2)(ii), | ||||||
| 24 | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||||||
| 25 | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||||||
| 26 | 3-6-3 of the Unified Code of Corrections requiring an | ||||||
| |||||||
| |||||||
| 1 | inmate to serve a minimum of 85% of their court-imposed | ||||||
| 2 | sentence, except for the offenses of predatory criminal | ||||||
| 3 | sexual assault of a child, aggravated criminal sexual | ||||||
| 4 | assault, and criminal sexual assault if committed on or | ||||||
| 5 | after December 13, 2005 (the effective date of Public Act | ||||||
| 6 | 94-715) and except for the offense of aggravated child | ||||||
| 7 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
| 8 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
| 9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 10 | if committed on or after January 1, 2009, and except for | ||||||
| 11 | the offense of obscene depiction of a purported child with | ||||||
| 12 | sentencing under subsection (d) of Section 11-20.4 of the | ||||||
| 13 | Criminal Code of 2012, and except as provided in paragraph | ||||||
| 14 | (4) or paragraph (6) of this subsection (d), the term of | ||||||
| 15 | mandatory supervised release shall be as follows: | ||||||
| 16 | (A) Class X felony, 3 years; | ||||||
| 17 | (B) Class 1 or Class 2 felonies, 2 years; | ||||||
| 18 | (C) Class 3 or Class 4 felonies, 1 year. | ||||||
| 19 | (e) (Blank). | ||||||
| 20 | (f) (Blank). | ||||||
| 21 | (g) Notwithstanding any other provisions of this Act and | ||||||
| 22 | of Public Act 101-652: (i) the provisions of paragraph (3) of | ||||||
| 23 | subsection (d) are effective on July 1, 2022 and shall apply to | ||||||
| 24 | all individuals convicted on or after the effective date of | ||||||
| 25 | paragraph (3) of subsection (d); and (ii) the provisions of | ||||||
| 26 | paragraphs (1.5) and (2) of subsection (d) are effective on | ||||||
| |||||||
| |||||||
| 1 | July 1, 2021 and shall apply to all individuals convicted on or | ||||||
| 2 | after the effective date of paragraphs (1.5) and (2) of | ||||||
| 3 | subsection (d). | ||||||
| 4 | (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; | ||||||
| 5 | 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. | ||||||
| 6 | 1-1-24; 103-825, eff. 1-1-25; revised 10-24-24.)
| ||||||
| 7 | Section 1090. The Probation and Probation Officers Act is | ||||||
| 8 | amended by changing Section 16.1 as follows:
| ||||||
| 9 | (730 ILCS 110/16.1) | ||||||
| 10 | Sec. 16.1. Redeploy Illinois Program. | ||||||
| 11 | (a) The purpose of this Section is to encourage the | ||||||
| 12 | deinstitutionalization of juvenile offenders by establishing | ||||||
| 13 | projects in counties or groups of counties that reallocate | ||||||
| 14 | State funds from juvenile correctional confinement to local | ||||||
| 15 | jurisdictions, which will establish a continuum of local, | ||||||
| 16 | community-based sanctions and treatment alternatives for | ||||||
| 17 | juvenile offenders who would be incarcerated if those local | ||||||
| 18 | services and sanctions did not exist. It is also intended to | ||||||
| 19 | offer alternatives, when appropriate, to avoid commitment to | ||||||
| 20 | the Department of Juvenile Justice, to direct child welfare | ||||||
| 21 | services for minors charged with a criminal offense or | ||||||
| 22 | adjudicated delinquent under Section 5 of the Children and | ||||||
| 23 | Family Services Act. The allotment of funds will be based on a | ||||||
| 24 | formula that rewards local jurisdictions for the establishment | ||||||
| |||||||
| |||||||
| 1 | or expansion of local alternatives to incarceration, and | ||||||
| 2 | requires them to pay for utilization of incarceration as a | ||||||
| 3 | sanction. In addition, there shall be an allocation of | ||||||
| 4 | resources (amount to be determined annually by the Redeploy | ||||||
| 5 | Illinois Oversight Board) set aside at the beginning of each | ||||||
| 6 | fiscal year to be made available for any county or groups of | ||||||
| 7 | counties which need resources only occasionally for services | ||||||
| 8 | to avoid commitment to the Department of Juvenile Justice for | ||||||
| 9 | a limited number of youth. This redeployment of funds shall be | ||||||
| 10 | made in a manner consistent with the Juvenile Court Act of 1987 | ||||||
| 11 | and the following purposes and policies: | ||||||
| 12 | (1) The juvenile justice system should protect the | ||||||
| 13 | community, impose accountability to victims and | ||||||
| 14 | communities for violations of law, and equip juvenile | ||||||
| 15 | offenders with competencies to live responsibly and | ||||||
| 16 | productively. | ||||||
| 17 | (2) Juveniles should be treated in the least | ||||||
| 18 | restrictive manner possible while maintaining the safety | ||||||
| 19 | of the community. | ||||||
| 20 | (3) A continuum of services and sanctions from least | ||||||
| 21 | restrictive to most restrictive should be available in | ||||||
| 22 | every community. | ||||||
| 23 | (4) There should be local responsibility and authority | ||||||
| 24 | for planning, organizing, and coordinating service | ||||||
| 25 | resources in the community. People in the community can | ||||||
| 26 | best choose a range of services which reflect community | ||||||
| |||||||
| |||||||
| 1 | values and meet the needs of their own youth. | ||||||
| 2 | (5) Juveniles who pose a threat to the community or | ||||||
| 3 | themselves need special care, including secure settings. | ||||||
| 4 | Such services as detention, long-term incarceration, or | ||||||
| 5 | residential treatment are too costly to provide in each | ||||||
| 6 | community and should be coordinated and provided on a | ||||||
| 7 | regional or Statewide basis. | ||||||
| 8 | (6) The roles of State and local government in | ||||||
| 9 | creating and maintaining services to youth in the juvenile | ||||||
| 10 | justice system should be clearly defined. The role of the | ||||||
| 11 | State is to fund services, set standards of care, train | ||||||
| 12 | service providers, and monitor the integration and | ||||||
| 13 | coordination of services. The role of local government | ||||||
| 14 | should be to oversee the provision of services. | ||||||
| 15 | (b) Each county or circuit participating in the Redeploy | ||||||
| 16 | Illinois program must create a local plan demonstrating how it | ||||||
| 17 | will reduce the county or circuit's utilization of secure | ||||||
| 18 | confinement of juvenile offenders in the Illinois Department | ||||||
| 19 | of Juvenile Justice or county detention centers by the | ||||||
| 20 | creation or expansion of individualized services or programs | ||||||
| 21 | that may include but are not limited to the following: | ||||||
| 22 | (1) Assessment and evaluation services to provide the | ||||||
| 23 | juvenile justice system with accurate individualized case | ||||||
| 24 | information on each juvenile offender, including mental | ||||||
| 25 | health, substance abuse, educational, and family | ||||||
| 26 | information; | ||||||
| |||||||
| |||||||
| 1 | (2) Direct services to individual juvenile offenders, | ||||||
| 2 | including educational, vocational, mental health, | ||||||
| 3 | substance abuse, supervision, and service coordination; | ||||||
| 4 | and | ||||||
| 5 | (3) Programs that seek to restore the offender to the | ||||||
| 6 | community, such as victim offender panels, teen courts, | ||||||
| 7 | competency building, enhanced accountability measures, | ||||||
| 8 | restitution, and community service. The local plan must be | ||||||
| 9 | directed in such a manner as to emphasize an | ||||||
| 10 | individualized approach to providing services to juvenile | ||||||
| 11 | offenders in an integrated community based system | ||||||
| 12 | including probation as the broker of services. The plan | ||||||
| 13 | must also detail the reduction in utilization of secure | ||||||
| 14 | confinement. The local plan shall be limited to services | ||||||
| 15 | and shall not include costs for: | ||||||
| 16 | (i) capital expenditures; | ||||||
| 17 | (ii) renovations or remodeling; | ||||||
| 18 | (iii) personnel costs for probation. | ||||||
| 19 | The local plan shall be submitted to the Department of | ||||||
| 20 | Human Services. | ||||||
| 21 | (c) A county or group of counties may develop an agreement | ||||||
| 22 | with the Department of Human Services to reduce their number | ||||||
| 23 | of commitments of juvenile offenders, excluding minors | ||||||
| 24 | sentenced based upon a finding of guilt of first degree murder | ||||||
| 25 | or an offense which is a Class X forcible felony as defined in | ||||||
| 26 | the Criminal Code of 2012, to the Department of Juvenile | ||||||
| |||||||
| |||||||
| 1 | Justice, and then use the savings to develop local programming | ||||||
| 2 | for youth who would otherwise have been committed to the | ||||||
| 3 | Department of Juvenile Justice. A county or group of counties | ||||||
| 4 | shall agree to limit their commitments to 75% of the level of | ||||||
| 5 | commitments from the average number of juvenile commitments | ||||||
| 6 | for the past 3 years, and will receive the savings to redeploy | ||||||
| 7 | for local programming for juveniles who would otherwise be | ||||||
| 8 | held in confinement. For any county or group of counties with a | ||||||
| 9 | decrease of juvenile commitments of at least 25%, based on the | ||||||
| 10 | average reductions of the prior 3 years, which are chosen to | ||||||
| 11 | participate or continue as sites, the Redeploy Illinois | ||||||
| 12 | Oversight Board has the authority to reduce the required | ||||||
| 13 | percentage of future commitments to achieve the purpose of | ||||||
| 14 | this Section. The agreement shall set forth the following: | ||||||
| 15 | (1) a statement Statement of the number and type of | ||||||
| 16 | juvenile offenders from the county who were held in secure | ||||||
| 17 | confinement by the Illinois Department of Juvenile Justice | ||||||
| 18 | or in county detention the previous year, and an | ||||||
| 19 | explanation of which, and how many, of these offenders | ||||||
| 20 | might be served through the proposed Redeploy Illinois | ||||||
| 21 | Program for which the funds shall be used; | ||||||
| 22 | (2) a statement Statement of the service needs of | ||||||
| 23 | currently confined juveniles; | ||||||
| 24 | (3) a statement Statement of the type of services and | ||||||
| 25 | programs to provide for the individual needs of the | ||||||
| 26 | juvenile offenders, and the research or evidence base that | ||||||
| |||||||
| |||||||
| 1 | qualifies those services and programs as proven or | ||||||
| 2 | promising practices; | ||||||
| 3 | (4) a budget indicating the costs of each service or | ||||||
| 4 | program to be funded under the plan; | ||||||
| 5 | (5) a summary of contracts and service agreements | ||||||
| 6 | indicating the treatment goals and number of juvenile | ||||||
| 7 | offenders to be served by each service provider; and | ||||||
| 8 | (6) a statement Statement indicating that the Redeploy | ||||||
| 9 | Illinois Program will not duplicate existing services and | ||||||
| 10 | programs. Funds for this plan shall not supplant existing | ||||||
| 11 | county funded programs. | ||||||
| 12 | In a county with a population exceeding 2,000,000, the | ||||||
| 13 | Redeploy Illinois Oversight Board may authorize the Department | ||||||
| 14 | of Human Services to enter into an agreement with that county | ||||||
| 15 | to reduce the number of commitments by the same percentage as | ||||||
| 16 | is required by this Section of other counties, and with all of | ||||||
| 17 | the same requirements of this Act, including reporting and | ||||||
| 18 | evaluation, except that the agreement may encompass a clearly | ||||||
| 19 | identifiable geographical subdivision of that county. The | ||||||
| 20 | geographical subdivision may include, but is not limited to, a | ||||||
| 21 | police district or group of police districts, a geographical | ||||||
| 22 | area making up a court calendar or group of court calendars, a | ||||||
| 23 | municipal district or group of municipal districts, or a | ||||||
| 24 | municipality or group of municipalities. | ||||||
| 25 | (d) (Blank). | ||||||
| 26 | (d-5) A county or group of counties that does not have an | ||||||
| |||||||
| |||||||
| 1 | approved Redeploy Illinois program, as described in subsection | ||||||
| 2 | (b), and that has committed fewer than 10 Redeploy eligible | ||||||
| 3 | youth to the Department of Juvenile Justice on average over | ||||||
| 4 | the previous 3 years, may develop an individualized agreement | ||||||
| 5 | with the Department of Human Services through the Redeploy | ||||||
| 6 | Illinois program to provide services to youth to avoid | ||||||
| 7 | commitment to the Department of Juvenile Justice. The | ||||||
| 8 | agreement shall set forth the following: | ||||||
| 9 | (1) a statement of the number and type of juvenile | ||||||
| 10 | offenders from the county who were at risk under any of the | ||||||
| 11 | categories listed above during the 3 previous years, and | ||||||
| 12 | an explanation of which of these offenders would be served | ||||||
| 13 | through the proposed Redeploy Illinois program for which | ||||||
| 14 | the funds shall be used, or through individualized | ||||||
| 15 | contracts with existing Redeploy programs in neighboring | ||||||
| 16 | counties; | ||||||
| 17 | (2) a statement of the service needs; | ||||||
| 18 | (3) a statement of the type of services and programs | ||||||
| 19 | to provide for the individual needs of the juvenile | ||||||
| 20 | offenders, and the research or evidence that qualifies | ||||||
| 21 | those services and programs as proven or promising | ||||||
| 22 | practices; | ||||||
| 23 | (4) a budget indicating the costs of each service or | ||||||
| 24 | program to be funded under the plan; | ||||||
| 25 | (5) a summary of contracts and service agreements | ||||||
| 26 | indicating the treatment goals and number of juvenile | ||||||
| |||||||
| |||||||
| 1 | offenders to be served by each service provider; and | ||||||
| 2 | (6) a statement indicating that the Redeploy Illinois | ||||||
| 3 | program will not duplicate existing services and programs. | ||||||
| 4 | Funds for this plan shall not supplant existing county | ||||||
| 5 | funded programs. | ||||||
| 6 | (e) The Department of Human Services shall be responsible | ||||||
| 7 | for the following: | ||||||
| 8 | (1) Reviewing each Redeploy Illinois Program plan for | ||||||
| 9 | compliance with standards established for such plans. A | ||||||
| 10 | plan may be approved as submitted, approved with | ||||||
| 11 | modifications, or rejected. No plan shall be considered | ||||||
| 12 | for approval if the circuit or county is not in full | ||||||
| 13 | compliance with all regulations, standards, and guidelines | ||||||
| 14 | pertaining to the delivery of basic probation services as | ||||||
| 15 | established by the Supreme Court. | ||||||
| 16 | (2) Monitoring on a continual basis and evaluating | ||||||
| 17 | annually both the program and its fiscal activities in all | ||||||
| 18 | counties receiving an allocation under the Redeploy | ||||||
| 19 | Illinois Program. Any program or service that has not met | ||||||
| 20 | the goals and objectives of its contract or service | ||||||
| 21 | agreement shall be subject to denial for funding in | ||||||
| 22 | subsequent years. The Department of Human Services shall | ||||||
| 23 | evaluate the effectiveness of the Redeploy Illinois | ||||||
| 24 | Program in each circuit or county. In determining the | ||||||
| 25 | future funding for the Redeploy Illinois Program under | ||||||
| 26 | this Act, the evaluation shall include, as a primary | ||||||
| |||||||
| |||||||
| 1 | indicator of success, a decreased number of confinement | ||||||
| 2 | days for the county's juvenile offenders. | ||||||
| 3 | (f) Any Redeploy Illinois Program allocations not applied | ||||||
| 4 | for and approved by the Department of Human Services shall be | ||||||
| 5 | available for redistribution to approved plans for the | ||||||
| 6 | remainder of that fiscal year. Any county that invests local | ||||||
| 7 | moneys in the Redeploy Illinois Program shall be given first | ||||||
| 8 | consideration for any redistribution of allocations. | ||||||
| 9 | Jurisdictions participating in Redeploy Illinois that exceed | ||||||
| 10 | their agreed upon level of commitments to the Department of | ||||||
| 11 | Juvenile Justice shall reimburse the Department of Corrections | ||||||
| 12 | for each commitment above the agreed upon level. | ||||||
| 13 | (g) Implementation of Redeploy Illinois. | ||||||
| 14 | (1) Oversight of Redeploy Illinois. | ||||||
| 15 | (i) Redeploy Illinois Oversight Board. The | ||||||
| 16 | Department of Human Services shall convene an | ||||||
| 17 | oversight board to oversee the Redeploy Illinois | ||||||
| 18 | Program. The Board shall include, but not be limited | ||||||
| 19 | to, designees from the Department of Juvenile Justice, | ||||||
| 20 | the Administrative Office of the Illinois Courts, the | ||||||
| 21 | Illinois Juvenile Justice Commission, the Illinois | ||||||
| 22 | Criminal Justice Information Authority, the Department | ||||||
| 23 | of Children and Family Services, the State Board of | ||||||
| 24 | Education, the Cook County State's Attorney, and a | ||||||
| 25 | State's Attorney selected by the President of the | ||||||
| 26 | Illinois State's Attorney's Association, the Cook | ||||||
| |||||||
| |||||||
| 1 | County Public Defender, a representative of the | ||||||
| 2 | defense bar appointed by the Chief Justice of the | ||||||
| 3 | Illinois Supreme Court, a representative of probation | ||||||
| 4 | appointed by the Chief Justice of the Illinois Supreme | ||||||
| 5 | Court, and judicial representation appointed by the | ||||||
| 6 | Chief Justice of the Illinois Supreme Court. Up to an | ||||||
| 7 | additional 9 members may be appointed by the Secretary | ||||||
| 8 | of Human Services from recommendations by the | ||||||
| 9 | Oversight Board; these appointees shall possess a | ||||||
| 10 | knowledge of juvenile justice issues and reflect the | ||||||
| 11 | collaborative public/private relationship of Redeploy | ||||||
| 12 | programs. | ||||||
| 13 | (ii) Responsibilities of the Redeploy Illinois | ||||||
| 14 | Oversight Board. The Oversight Board shall: | ||||||
| 15 | (A) Identify jurisdictions to be included in | ||||||
| 16 | the program of Redeploy Illinois. | ||||||
| 17 | (B) Develop a formula for reimbursement of | ||||||
| 18 | local jurisdictions for local and community-based | ||||||
| 19 | services utilized in lieu of commitment to the | ||||||
| 20 | Department of Juvenile Justice, as well as for any | ||||||
| 21 | charges for local jurisdictions for commitments | ||||||
| 22 | above the agreed upon limit in the approved plan. | ||||||
| 23 | (C) Identify resources sufficient to support | ||||||
| 24 | the administration and evaluation of Redeploy | ||||||
| 25 | Illinois. | ||||||
| 26 | (D) Develop a process and identify resources | ||||||
| |||||||
| |||||||
| 1 | to support on-going monitoring and evaluation of | ||||||
| 2 | Redeploy Illinois. | ||||||
| 3 | (E) Develop a process and identify resources | ||||||
| 4 | to support training on Redeploy Illinois. | ||||||
| 5 | (E-5) Review proposed individualized | ||||||
| 6 | agreements and approve where appropriate the | ||||||
| 7 | distribution of resources. | ||||||
| 8 | (F) Report to the Governor and the General | ||||||
| 9 | Assembly on an annual basis on the progress of | ||||||
| 10 | Redeploy Illinois. | ||||||
| 11 | (iii) Length of Planning Phase. The planning phase | ||||||
| 12 | may last up to, but may in no event last longer than, | ||||||
| 13 | July 1, 2004. | ||||||
| 14 | (2) (Blank). | ||||||
| 15 | (3) There shall be created the Redeploy County Review | ||||||
| 16 | Committee composed of the designees of the Secretary of | ||||||
| 17 | Human Services and the Directors of Juvenile Justice, of | ||||||
| 18 | Children and Family Services, and of the Governor's Office | ||||||
| 19 | of Management and Budget who shall constitute a | ||||||
| 20 | subcommittee of the Redeploy Illinois Oversight Board. | ||||||
| 21 | (h) Responsibilities of the County Review Committee. The | ||||||
| 22 | County Review Committee shall: | ||||||
| 23 | (1) Review individualized agreements from counties | ||||||
| 24 | requesting resources on an occasional basis for services | ||||||
| 25 | for youth described in subsection (d-5). | ||||||
| 26 | (2) Report its decisions to the Redeploy Illinois | ||||||
| |||||||
| |||||||
| 1 | Oversight Board at regularly scheduled meetings. | ||||||
| 2 | (3) Monitor the effectiveness of the resources in | ||||||
| 3 | meeting the mandates of the Redeploy Illinois program set | ||||||
| 4 | forth in this Section so these results might be included | ||||||
| 5 | in the Report described in clause (g)(1)(ii)(F). | ||||||
| 6 | (4) During the third quarter, assess the amount of | ||||||
| 7 | remaining funds available and necessary to complete the | ||||||
| 8 | fiscal year so that any unused funds may be distributed as | ||||||
| 9 | defined in subsection (f). | ||||||
| 10 | (5) Ensure that the number of youth from any applicant | ||||||
| 11 | county receiving individualized resources will not exceed | ||||||
| 12 | the previous 3-year three-year average of Redeploy | ||||||
| 13 | eligible recipients and that counties are in conformity | ||||||
| 14 | with all other elements of this law. | ||||||
| 15 | (i) Implementation of this Section is subject to | ||||||
| 16 | appropriation. | ||||||
| 17 | (j) Rulemaking authority to implement this amendatory Act | ||||||
| 18 | of the 95th General Assembly, if any, is conditioned on the | ||||||
| 19 | rules being adopted in accordance with all provisions of and | ||||||
| 20 | procedures and rules implementing the Illinois Administrative | ||||||
| 21 | Procedure Act; any purported rule not so adopted, for whatever | ||||||
| 22 | reason, is unauthorized. | ||||||
| 23 | (Source: P.A. 97-1150, eff. 1-25-13; 98-60, eff. 1-1-14; | ||||||
| 24 | revised 7-22-24.)
| ||||||
| 25 | Section 1095. The Veterans and Servicemembers Court | ||||||
| |||||||
| |||||||
| 1 | Treatment Act is amended by changing Section 40 as follows:
| ||||||
| 2 | (730 ILCS 167/40) | ||||||
| 3 | Sec. 40. Education for judges. A judge assigned to preside | ||||||
| 4 | over a veteran and servicemembers court shall have experience, | ||||||
| 5 | training, and continuing education in topics including, but | ||||||
| 6 | not limited to: | ||||||
| 7 | (1) criminal law; | ||||||
| 8 | (2) behavioral health; | ||||||
| 9 | (3) confidentiality confidently; | ||||||
| 10 | (4) ethics; | ||||||
| 11 | (5) evidence-based practices; | ||||||
| 12 | (6) substance use disorders; | ||||||
| 13 | (7) mental illness; | ||||||
| 14 | (8) co-occurring disorders; and | ||||||
| 15 | (9) presiding over various types of problem-solving | ||||||
| 16 | courts. | ||||||
| 17 | (Source: P.A. 102-1041, eff. 6-2-22; revised 7-22-24.)
| ||||||
| 18 | Section 1100. The Mental Health Court Treatment Act is | ||||||
| 19 | amended by changing Section 41 as follows:
| ||||||
| 20 | (730 ILCS 168/41) | ||||||
| 21 | Sec. 41. Education seminars for judges. A judge assigned | ||||||
| 22 | to preside over a mental health court shall have experience, | ||||||
| 23 | training, and continuing education in topics including, but | ||||||
| |||||||
| |||||||
| 1 | not limited to: | ||||||
| 2 | (1) criminal law; | ||||||
| 3 | (2) behavioral health; | ||||||
| 4 | (3) confidentiality confidently; | ||||||
| 5 | (4) ethics; | ||||||
| 6 | (5) evidence-based practices; | ||||||
| 7 | (6) substance use disorders; | ||||||
| 8 | (7) mental illness; | ||||||
| 9 | (8) co-occurring disorders; and | ||||||
| 10 | (9) presiding over various types of problem-solving | ||||||
| 11 | courts. | ||||||
| 12 | (Source: P.A. 102-1041, eff. 6-2-22; revised 7-22-24.)
| ||||||
| 13 | Section 1105. The Higher Education in Prison Act is | ||||||
| 14 | amended by changing Section 5 as follows:
| ||||||
| 15 | (730 ILCS 225/5) | ||||||
| 16 | Sec. 5. Higher education in prison programs. | ||||||
| 17 | (a) In this Section, "higher education" means | ||||||
| 18 | post-secondary academic education at the undergraduate or | ||||||
| 19 | graduate level in a community college or university setting. | ||||||
| 20 | (b) On or before September 1 of the year following the | ||||||
| 21 | effective date of this Act and each subsequent September 1, | ||||||
| 22 | the Department of Corrections shall release a report, to be | ||||||
| 23 | published on the Department of Corrections's Internet website, | ||||||
| 24 | detailing the following information pertaining to higher | ||||||
| |||||||
| |||||||
| 1 | education within Department institutions and facilities: | ||||||
| 2 | (1) the number of unique individuals involved in adult | ||||||
| 3 | basic education, high school equivalency, and credit and | ||||||
| 4 | non-credit bearing higher education programs over the | ||||||
| 5 | course of the fiscal year; | ||||||
| 6 | (2) the racial, ethnic, age, and gender breakdown of | ||||||
| 7 | committed persons participating in higher education | ||||||
| 8 | programs; | ||||||
| 9 | (3) the length of sentence and length of remaining | ||||||
| 10 | sentence of persons enrolled in higher education programs; | ||||||
| 11 | (4) the number of committed persons who are on waiting | ||||||
| 12 | lists for participation in all educational programs, | ||||||
| 13 | including adult basic education, high school equivalency, | ||||||
| 14 | and higher education, and the average length of time spent | ||||||
| 15 | on each waiting list, including a breakdown by length of | ||||||
| 16 | remaining sentence; | ||||||
| 17 | (5) the total amount of earned program sentence credit | ||||||
| 18 | awarded to committed persons for participating in higher | ||||||
| 19 | education programs and the percentage of committed persons | ||||||
| 20 | participating in higher education programs that are | ||||||
| 21 | awarded earned program sentence credit; | ||||||
| 22 | (6) the number, category, and ultimate resolution of | ||||||
| 23 | grievances related to higher education programs; | ||||||
| 24 | (7) a financial statement that includes annual and | ||||||
| 25 | monthly expenditures of Department of Corrections | ||||||
| 26 | institutions and facilities on adult basic education, high | ||||||
| |||||||
| |||||||
| 1 | school equivalency, and higher education programs; and | ||||||
| 2 | (8) an explanation of how participation in adult basic | ||||||
| 3 | education, high school equivalency, and higher education | ||||||
| 4 | programs is factored into a committed persons' risk | ||||||
| 5 | assessment score. | ||||||
| 6 | Personal, identifiable information shall be redacted to | ||||||
| 7 | protect privacy. | ||||||
| 8 | The report must be filed with the Governor and General | ||||||
| 9 | Assembly. | ||||||
| 10 | (c) The data provided in the report under subsection (b) | ||||||
| 11 | shall include an aggregate chart at the Department level and | ||||||
| 12 | individual reports by each correctional institution or | ||||||
| 13 | facility of the Department of Corrections. | ||||||
| 14 | (d) To facilitate the collection of information on higher | ||||||
| 15 | education in prison (HEP) programs, each 4-year public or | ||||||
| 16 | private institution of higher education with HEP degree or | ||||||
| 17 | certificate programs shall provide the Board of Higher | ||||||
| 18 | Education with student-level information as part of its | ||||||
| 19 | regular agency data-collection processes. Each public | ||||||
| 20 | community college with HEP degree or certificate programs | ||||||
| 21 | shall provide the Illinois Community College Board with | ||||||
| 22 | student-level information as part of its regular agency | ||||||
| 23 | data-collection processes. Upon request, the student-level | ||||||
| 24 | information shall include the correctional facility in which | ||||||
| 25 | the HEP program is being offered. The information provided to | ||||||
| 26 | the Board of Higher Education and the Illinois Community | ||||||
| |||||||
| |||||||
| 1 | College Board shall include HEP enrollment and completion data | ||||||
| 2 | disaggregated by variables, including, but not limited to, | ||||||
| 3 | race, ethnicity, gender, age, and type of degree or | ||||||
| 4 | certificate. The Board of Higher Education and the Illinois | ||||||
| 5 | Community College Board shall annually make HEP program data | ||||||
| 6 | publicly available on their Internet websites. | ||||||
| 7 | (Source: P.A. 103-541, eff. 1-1-24; revised 7-22-24.)
| ||||||
| 8 | Section 1110. The Code of Civil Procedure is amended by | ||||||
| 9 | renumbering and changing Section 804.5 and by changing Section | ||||||
| 10 | 15-1603 as follows:
| ||||||
| 11 | (735 ILCS 5/8-804.5) | ||||||
| 12 | Sec. 8-804.5 804.5. Parties to a restorative justice | ||||||
| 13 | practice. | ||||||
| 14 | (a) This Section is intended to encourage the use of | ||||||
| 15 | restorative justice practices by providing a privilege for | ||||||
| 16 | participation in such practices and ensuring that anything | ||||||
| 17 | said or done during the practice, or in anticipation of or as a | ||||||
| 18 | follow-up to the practice, is privileged and may not be used in | ||||||
| 19 | any future proceeding unless the privilege is waived by the | ||||||
| 20 | informed consent of the party or parties covered by the | ||||||
| 21 | privilege. The General Assembly affords this privilege in | ||||||
| 22 | recognition of restorative justice as a powerful tool in | ||||||
| 23 | addressing the needs of victims, offenders, and the larger | ||||||
| 24 | community in the process of repairing the fabric of community | ||||||
| |||||||
| |||||||
| 1 | peace. The General Assembly encourages residents of this State | ||||||
| 2 | to employ restorative justice practices, not only in | ||||||
| 3 | justiciable matters, but in all aspects of life and law. | ||||||
| 4 | (b) As used in this Section: | ||||||
| 5 | "Circle" means a versatile restorative practice that can | ||||||
| 6 | be used proactively, to develop relationships and build | ||||||
| 7 | community, or reactively, to respond to wrongdoing, conflicts, | ||||||
| 8 | and problems. | ||||||
| 9 | "Conference" means a structured meeting between offenders, | ||||||
| 10 | victims, and both parties' family and friends, in which they | ||||||
| 11 | deal with the consequences of a crime or wrongdoing and decide | ||||||
| 12 | how best to repair the harm. | ||||||
| 13 | "Facilitator" means a person who is trained to facilitate | ||||||
| 14 | a restorative justice practice. | ||||||
| 15 | "Party" means a person, including a facilitator, an | ||||||
| 16 | individual who has caused harm, an individual who has been | ||||||
| 17 | harmed, a community member, and any other participant, who | ||||||
| 18 | voluntarily consents to participate with others who have | ||||||
| 19 | agreed to participate in a restorative justice practice. | ||||||
| 20 | "Proceeding" means any legal action subject to this Code, | ||||||
| 21 | including, but not limited to, civil, criminal, juvenile, or | ||||||
| 22 | administrative hearings. | ||||||
| 23 | "Restorative justice practice" or "practice" means a | ||||||
| 24 | gathering, such as a conference or circle, in which parties | ||||||
| 25 | who have caused harm or who have been harmed and community | ||||||
| 26 | stakeholders collectively gather to identify and repair harm | ||||||
| |||||||
| |||||||
| 1 | to the extent possible, address trauma, reduce the likelihood | ||||||
| 2 | of further harm, and strengthen community ties by focusing on | ||||||
| 3 | the needs and obligations of all parties involved through a | ||||||
| 4 | participatory process. | ||||||
| 5 | (c) Anything said or done during or in preparation for a | ||||||
| 6 | restorative justice practice or as a follow-up to that | ||||||
| 7 | practice, or the fact that the practice has been planned or | ||||||
| 8 | convened, is privileged and cannot be referred to, used, or | ||||||
| 9 | admitted in any civil, criminal, juvenile, or administrative | ||||||
| 10 | proceeding unless the privilege is waived, during the | ||||||
| 11 | proceeding or in writing, by the party or parties protected by | ||||||
| 12 | the privilege. Privileged information is not subject to | ||||||
| 13 | discovery or disclosure in any judicial or extrajudicial | ||||||
| 14 | proceedings. | ||||||
| 15 | Any waiver of privilege is limited to the participation | ||||||
| 16 | and communication of the waiving party only, and the | ||||||
| 17 | participation or communications of any other participant | ||||||
| 18 | remain privileged unless waived by the other participant. | ||||||
| 19 | (d) Evidence that is otherwise admissible or subject to | ||||||
| 20 | discovery does not become inadmissible or protected from | ||||||
| 21 | discovery solely because it was discussed or used in a | ||||||
| 22 | restorative justice practice. | ||||||
| 23 | (e) The legitimacy of a restorative justice practice, if | ||||||
| 24 | challenged in any civil, juvenile, criminal, or administrative | ||||||
| 25 | proceeding, shall be determined by a judge. In a hearing | ||||||
| 26 | conducted pursuant to this subsection, the judge may consider | ||||||
| |||||||
| |||||||
| 1 | information that would otherwise be privileged to the extent | ||||||
| 2 | that the information is probative of the issue. | ||||||
| 3 | (f) The privilege afforded by this Section does not apply | ||||||
| 4 | if: | ||||||
| 5 | (1) disclosure is necessary to prevent death, great | ||||||
| 6 | bodily harm, or the commission of a crime; | ||||||
| 7 | (2) necessary to comply with another law; or | ||||||
| 8 | (3) a court, tribunal, or administrative body requires | ||||||
| 9 | a report on a restorative justice practice, but such | ||||||
| 10 | report shall be limited to the fact that a practice has | ||||||
| 11 | taken place, an opinion regarding the success of the | ||||||
| 12 | practice, and whether further restorative justice | ||||||
| 13 | practices are expected. | ||||||
| 14 | (g) This Section applies to all restorative justice | ||||||
| 15 | practices that are convened on or after July 15, 2021 (the | ||||||
| 16 | effective date of 102-100) this amendatory Act of the 102nd | ||||||
| 17 | General Assembly. | ||||||
| 18 | (Source: P.A. 102-100, eff. 7-15-21; revised 7-23-24.)
| ||||||
| 19 | (735 ILCS 5/15-1603) (from Ch. 110, par. 15-1603) | ||||||
| 20 | Sec. 15-1603. Redemption. | ||||||
| 21 | (a) Owner of Redemption. Except as provided in subsection | ||||||
| 22 | (b) of Section 15-1402, only an owner of redemption may redeem | ||||||
| 23 | from the foreclosure, and such owner of redemption may redeem | ||||||
| 24 | only during the redemption period specified in subsection (b) | ||||||
| 25 | of this Section 15-1603 and only if the right of redemption has | ||||||
| |||||||
| |||||||
| 1 | not been validly waived. | ||||||
| 2 | (b) Redemption Period. | ||||||
| 3 | (1) In the foreclosure of a mortgage of real estate | ||||||
| 4 | which is residential real estate at the time the | ||||||
| 5 | foreclosure is commenced, the redemption period shall end | ||||||
| 6 | on the later of (i) the date 7 months from the date the | ||||||
| 7 | mortgagor or, if more than one, all the mortgagors (A) | ||||||
| 8 | have been served with summons or by publication or (B) | ||||||
| 9 | have otherwise submitted to the jurisdiction of the court, | ||||||
| 10 | or (ii) the date 3 months from the date of entry of a | ||||||
| 11 | judgment of foreclosure. | ||||||
| 12 | (2) In all other foreclosures, the redemption period | ||||||
| 13 | shall end on the later of (i) the date 6 months from the | ||||||
| 14 | date the mortgagor or, if more than one, all the | ||||||
| 15 | mortgagors (A) have been served with summons or by | ||||||
| 16 | publication or (B) have otherwise submitted to the | ||||||
| 17 | jurisdiction of the court, or (ii) the date 3 months from | ||||||
| 18 | the date of entry of a judgment of foreclosure. | ||||||
| 19 | (3) Notwithstanding paragraphs (1) and (2), the | ||||||
| 20 | redemption period shall end at the later of the expiration | ||||||
| 21 | of any reinstatement period provided for in Section | ||||||
| 22 | 15-1602 or the date 60 days after the date the judgment of | ||||||
| 23 | foreclosure is entered, if the court finds that (i) the | ||||||
| 24 | value of the mortgaged real estate as of the date of the | ||||||
| 25 | judgment is less than 90% of the amount specified pursuant | ||||||
| 26 | to subsection (d) of this Section 15-1603 and (ii) the | ||||||
| |||||||
| |||||||
| 1 | mortgagee waives any and all rights to a personal judgment | ||||||
| 2 | for a deficiency against the mortgagor and against all | ||||||
| 3 | other persons liable for the indebtedness or other | ||||||
| 4 | obligations secured by the mortgage. | ||||||
| 5 | (4) Notwithstanding paragraphs (1) and (2), the | ||||||
| 6 | redemption period shall end on the date 30 days after the | ||||||
| 7 | date the judgment of foreclosure is entered if the court | ||||||
| 8 | finds that the mortgaged real estate has been abandoned. | ||||||
| 9 | In cases where the redemption period is shortened on | ||||||
| 10 | account of abandonment, the reinstatement period shall not | ||||||
| 11 | extend beyond the redemption period as shortened. | ||||||
| 12 | (c) Extension of Redemption Period. | ||||||
| 13 | (1) Once expired, the right of redemption provided for | ||||||
| 14 | in this Section Sections 15-1603 or Section 15-1604 shall | ||||||
| 15 | not be revived. The period within which the right of | ||||||
| 16 | redemption provided for in this Section Sections 15-1603 | ||||||
| 17 | or Section 15-1604 may be exercised runs independently of | ||||||
| 18 | any action by any person to enforce the judgment of | ||||||
| 19 | foreclosure or effect a sale pursuant thereto. Neither the | ||||||
| 20 | initiation of any legal proceeding nor the order of any | ||||||
| 21 | court staying the enforcement of a judgment of foreclosure | ||||||
| 22 | or the sale pursuant to a judgment or the confirmation of | ||||||
| 23 | the sale, shall have the effect of tolling the running of | ||||||
| 24 | the redemption period. | ||||||
| 25 | (2) If a court has the authority to stay, and does | ||||||
| 26 | stay, the running of the redemption period, or if the | ||||||
| |||||||
| |||||||
| 1 | redemption period is extended by any statute of the United | ||||||
| 2 | States, the redemption period shall be extended until the | ||||||
| 3 | expiration of the same number of days after the expiration | ||||||
| 4 | of the stay order as the number of days remaining in the | ||||||
| 5 | redemption period at the time the stay order became | ||||||
| 6 | effective, or, if later, until the expiration of 30 days | ||||||
| 7 | after the stay order terminates. If the stay order | ||||||
| 8 | terminates more than 30 days prior to the expiration of | ||||||
| 9 | the redemption period, the redemption period shall not be | ||||||
| 10 | extended. | ||||||
| 11 | (d) Amount Required to Redeem. The amount required to | ||||||
| 12 | redeem shall be the sum of: | ||||||
| 13 | (1) The amount specified in the judgment of | ||||||
| 14 | foreclosure, which shall consist of (i) all principal and | ||||||
| 15 | accrued interest secured by the mortgage and due as of the | ||||||
| 16 | date of the judgment, (ii) all costs allowed by law, (iii) | ||||||
| 17 | costs and expenses approved by the court, (iv) to the | ||||||
| 18 | extent provided for in the mortgage and approved by the | ||||||
| 19 | court, additional costs, expenses, and reasonable | ||||||
| 20 | attorney's attorneys' fees incurred by the mortgagee, (v) | ||||||
| 21 | all amounts paid pursuant to Section 15-1505, and (vi) per | ||||||
| 22 | diem interest from the date of judgment to the date of | ||||||
| 23 | redemption calculated at the mortgage rate of interest | ||||||
| 24 | applicable as if no default had occurred; and | ||||||
| 25 | (2) The amount of other expenses authorized by the | ||||||
| 26 | court which the mortgagee reasonably incurs between the | ||||||
| |||||||
| |||||||
| 1 | date of judgment and the date of redemption, which shall | ||||||
| 2 | be the amount certified by the mortgagee in accordance | ||||||
| 3 | with subsection (e) of this Section 15-1603. | ||||||
| 4 | (e) Notice of Intent to Redeem. An owner of redemption who | ||||||
| 5 | intends to redeem shall give written notice of such intent to | ||||||
| 6 | redeem to the mortgagee's attorney of record specifying the | ||||||
| 7 | date designated for redemption and the current address of the | ||||||
| 8 | owner of redemption for purposes of receiving notice. Such | ||||||
| 9 | owner of redemption shall file with the clerk of the court a | ||||||
| 10 | certification of the giving of such notice. The notice of | ||||||
| 11 | intent to redeem must be received by the mortgagee's attorney | ||||||
| 12 | at least 15 days (other than Saturday, Sunday, or court | ||||||
| 13 | holiday) prior to the date designated for redemption. The | ||||||
| 14 | mortgagee shall thereupon file with the clerk of the court and | ||||||
| 15 | shall give written notice to the owner of redemption at least | ||||||
| 16 | three days (other than Saturday, Sunday, or court holiday) | ||||||
| 17 | before the date designated for redemption a certification, | ||||||
| 18 | accompanied by copies of paid receipts or appropriate | ||||||
| 19 | affidavits, of any expenses authorized in paragraph (2) of | ||||||
| 20 | subsection (d) of this Section 15-1603. If the mortgagee fails | ||||||
| 21 | to serve such certification within the time specified herein, | ||||||
| 22 | then the owner of redemption intending to redeem may redeem on | ||||||
| 23 | the date designated for redemption in the notice of intent to | ||||||
| 24 | redeem, and the mortgagee shall not be entitled to payment of | ||||||
| 25 | any expenses authorized in paragraph (2) of subsection (d) of | ||||||
| 26 | this Section 15-1603. | ||||||
| |||||||
| |||||||
| 1 | (f) Procedure for Redemption. | ||||||
| 2 | (1) An owner of redemption may redeem the real estate | ||||||
| 3 | from the foreclosure by paying the amount specified in | ||||||
| 4 | subsection (d) of this Section 15-1603 to the mortgagee or | ||||||
| 5 | the mortgagee's attorney of record on or before the date | ||||||
| 6 | designated for redemption pursuant to subsection (e) of | ||||||
| 7 | this Section 15-1603. | ||||||
| 8 | (2) If the mortgagee refuses to accept payment or if | ||||||
| 9 | the owner of redemption redeeming from the foreclosure | ||||||
| 10 | objects to the reasonableness of the additional expenses | ||||||
| 11 | authorized in paragraph (2) of subsection (d) of this | ||||||
| 12 | Section 15-1603 and certified in accordance with | ||||||
| 13 | subsection (e) of this Section 15-1603, the owner of | ||||||
| 14 | redemption shall pay the certified amount to the clerk of | ||||||
| 15 | the court on or before the date designated for redemption, | ||||||
| 16 | together with a written statement specifying the expenses | ||||||
| 17 | to which objection is made. In such case the clerk shall | ||||||
| 18 | pay to the mortgagee the amount tendered minus the amount | ||||||
| 19 | to which the objection pertains. | ||||||
| 20 | (3) Upon payment to the clerk, whether or not the | ||||||
| 21 | owner of redemption files an objection at the time of | ||||||
| 22 | payment, the clerk shall give a receipt of payment to the | ||||||
| 23 | person redeeming from the foreclosure, and shall file a | ||||||
| 24 | copy of that receipt in the foreclosure record. Upon | ||||||
| 25 | receipt of the amounts specified to be paid to the | ||||||
| 26 | mortgagee pursuant to this Section, the mortgagee shall | ||||||
| |||||||
| |||||||
| 1 | promptly furnish the mortgagor with a release of the | ||||||
| 2 | mortgage or satisfaction of the judgment, as appropriate, | ||||||
| 3 | and the evidence of all indebtedness secured by the | ||||||
| 4 | mortgage shall be cancelled. | ||||||
| 5 | (g) Procedure Upon Objection. If an objection is filed by | ||||||
| 6 | an owner of redemption in accordance with paragraph (2) of | ||||||
| 7 | subsection (f) of this Section 15-1603, the clerk shall hold | ||||||
| 8 | the amount to which the objection pertains until the court | ||||||
| 9 | orders distribution of those funds. The court shall hold a | ||||||
| 10 | hearing promptly to determine the distribution of any funds | ||||||
| 11 | held by the clerk pursuant to such objection. Each party shall | ||||||
| 12 | pay its own costs and expenses in connection with any | ||||||
| 13 | objection, including attorney's attorneys' fees, subject to | ||||||
| 14 | Section 2-611 of the Code of Civil Procedure. | ||||||
| 15 | (h) Failure to Redeem. Unless the real estate being | ||||||
| 16 | foreclosed is redeemed from the foreclosure, it shall be sold | ||||||
| 17 | as provided in this Article. | ||||||
| 18 | (Source: P.A. 86-974; revised 10-16-24.)
| ||||||
| 19 | Section 1115. The Eminent Domain Act is amended by setting | ||||||
| 20 | forth, renumbering, and changing multiple versions of Section | ||||||
| 21 | 25-5-130 as follows:
| ||||||
| 22 | (735 ILCS 30/25-5-130) | ||||||
| 23 | (Section scheduled to be repealed on July 19, 2027) | ||||||
| 24 | Sec. 25-5-130. Quick-take; City of Elmhurst; North York | ||||||
| |||||||
| |||||||
| 1 | Road. | ||||||
| 2 | (a) Quick-take proceedings under Article 20 may be used | ||||||
| 3 | for a period of 2 years after July 19, 2024 (the effective date | ||||||
| 4 | of Public Act 103-698) this amendatory Act of the 103rd | ||||||
| 5 | General Assembly by the City of Elmhurst for the acquisition | ||||||
| 6 | of the following described property for the purpose of road | ||||||
| 7 | construction: | ||||||
| 8 | Route: North York Road | ||||||
| 9 | Section: 17-00188-00-SW | ||||||
| 10 | Job No.: C-91-186-20 | ||||||
| 11 | County: DuPage | ||||||
| 12 | Parcel: 0002 | ||||||
| 13 | Owner: NXE Properties, LLC | ||||||
| 14 | Pin No.: 03-35-406-048 | ||||||
| 15 | That part of Lot 1 in County Clerk's Assessment Division of | ||||||
| 16 | Lots 1 and 2 of North Elmhurst Third Addition to the Village of | ||||||
| 17 | Elmhurst, being a subdivision in the East Half of the | ||||||
| 18 | Southeast Quarter of Section 35, Township 40 North, Range 11 | ||||||
| 19 | East of the Third Principal Meridian, according to the plat | ||||||
| 20 | thereof recorded April 8, 1927 as document R233179, described | ||||||
| 21 | as follows: | ||||||
| 22 | Commencing at the northwest corner of said Lot 1; thence South | ||||||
| 23 | 61 degrees 59 minutes 07 seconds East, (bearings based on | ||||||
| 24 | Illinois State Plane Coordinates System, NAD83, East Zone), | ||||||
| 25 | being the northerly line of said Lot 1, a distance of 194.85 | ||||||
| 26 | feet to the Point of Beginning; | ||||||
| |||||||
| |||||||
| 1 | Thence continuing South 61 degrees 59 minutes 07 seconds East, | ||||||
| 2 | along said northerly line, 53.14 feet to a point 10.00 feet | ||||||
| 3 | west of the northeast corner of said Lot 1; thence South 04 | ||||||
| 4 | degrees 00 minutes 07 seconds East, along a line that | ||||||
| 5 | commences at the southeast corner of said Lot 1 and ends at a | ||||||
| 6 | point 10.00 feet west of the northeast corner of said Lot 1, | ||||||
| 7 | said line herein after referred to as Line "A", a distance of | ||||||
| 8 | 40.63 feet; thence South 85 degrees 59 minutes 53 seconds | ||||||
| 9 | West, perpendicular to the last course, 5.00 feet to a point on | ||||||
| 10 | a line 5.00 feet west of and parallel with Line "A"; thence | ||||||
| 11 | North 04 degrees 00 minutes 07 seconds West, along said | ||||||
| 12 | parallel line, 33.40 feet; thence northwesterly 9.30 feet, | ||||||
| 13 | along the arc of a non-tangent circle to the left, having a | ||||||
| 14 | radius of 39.00 feet and whose chord bears North 52 degrees 45 | ||||||
| 15 | minutes 22 seconds West, 9.28 feet to a point of tangency; | ||||||
| 16 | thence North 59 degrees 35 minutes 15 seconds West, 7.04 feet | ||||||
| 17 | to a point on a line 7.00 feet southerly of the northerly line | ||||||
| 18 | of said Lot 1; thence North 61 degrees 59 minutes 07 seconds | ||||||
| 19 | West, along said parallel line, 36.54 feet; thence North 28 | ||||||
| 20 | degrees 00 minutes 53 seconds East, perpendicular to the last | ||||||
| 21 | course, 7.00 feet to the Point of Beginning, situated in the | ||||||
| 22 | County of DuPage and the State of Illinois. | ||||||
| 23 | Said Parcel Containing 565 square feet or 0.013 acres, more or | ||||||
| 24 | less. | ||||||
| 25 | Dated: February 6, 2024
| ||||||
| |||||||
| |||||||
| 1 | Route: North York Road | ||||||
| 2 | Section: 17-00188-00-SW | ||||||
| 3 | Job No: C-91-186-20 | ||||||
| 4 | County: DuPage | ||||||
| 5 | Parcel: 0002TE | ||||||
| 6 | Owner: NXE Properties, LLC | ||||||
| 7 | Pin No.: 03-35-406-048 | ||||||
| 8 | That part of Lot 1 in County Clerk's Assessment Division of | ||||||
| 9 | Lots 1 and 2 of North Elmhurst Third Addition to the Village of | ||||||
| 10 | Elmhurst, being a subdivision in the East Half of the | ||||||
| 11 | Southeast Quarter of Section 35, Township 40 North, Range 11 | ||||||
| 12 | East of the Third Principal Meridian, according to the plat | ||||||
| 13 | thereof recorded April 8, 1927 as document R233179, described | ||||||
| 14 | as follows: | ||||||
| 15 | Commencing at the northwest corner of said Lot 1; thence South | ||||||
| 16 | 61 degrees 59 minutes 07 seconds East, (bearings based on | ||||||
| 17 | Illinois State Plane Coordinates System, NAD83, East Zone), | ||||||
| 18 | being the northerly line of said Lot 1, a distance of 194.85 | ||||||
| 19 | feet; thence South 28 degrees 00 minutes 53 seconds West, | ||||||
| 20 | perpendicular to the last course, 7.00 feet to a point on a | ||||||
| 21 | line 7.00 feet southerly of the northerly line of said Lot 1, | ||||||
| 22 | said point also being the Point of Beginning; | ||||||
| 23 | Thence South 61 degrees 59 minutes 07 seconds East, along said | ||||||
| 24 | parallel line, 36.54 feet; thence South 59 degrees 35 minutes | ||||||
| 25 | 15 seconds East, 7.04 feet to a point of curvature; thence | ||||||
| 26 | southeasterly 9.30 feet, along the arc of a tangent circle to | ||||||
| |||||||
| |||||||
| 1 | the left, having a radius of 39.00 feet and whose chord bears | ||||||
| 2 | South 52 degrees 45 minutes 22 seconds East, 9.28 feet to a | ||||||
| 3 | point on a line 5.00 feet west of and parallel with Line "A"; | ||||||
| 4 | Line "A" is defined as a line that commences at the southeast | ||||||
| 5 | corner of said Lot 1 and ends at a point 10.00 feet west of the | ||||||
| 6 | northeast corner of said Lot 1; thence South 04 degrees 00 | ||||||
| 7 | minutes 07 seconds East, along said parallel line, 16.42 feet; | ||||||
| 8 | thence South 85 degrees 59 minutes 53 seconds West, | ||||||
| 9 | perpendicular to the last course, 5.00 feet to a point on a | ||||||
| 10 | line 10.00 feet west of and parallel with Line "A"; thence | ||||||
| 11 | North 04 degrees 00 minutes 07 seconds West, along said | ||||||
| 12 | parallel line, 14.43 feet; thence northwesterly 6.25 feet, | ||||||
| 13 | along the arc of a non-tangent circle to the left, having a | ||||||
| 14 | radius of 34.00 feet and whose chord bears North 54 degrees 19 | ||||||
| 15 | minutes 23 seconds West, 6.24 feet to a point of tangency; | ||||||
| 16 | thence North 59 degrees 35 minutes 15 seconds West, 6.94 feet | ||||||
| 17 | to a point on a line 12.00 feet southerly of the northerly line | ||||||
| 18 | of said Lot 1; thence North 61 degrees 59 minutes 07 seconds | ||||||
| 19 | West, along said parallel line, 36.43 feet; thence North 28 | ||||||
| 20 | degrees 00 minutes 53 seconds East, perpendicular to the last | ||||||
| 21 | course, 5.00 feet to the Point of Beginning, situated in the | ||||||
| 22 | County of DuPage and the State of Illinois. | ||||||
| 23 | Said Parcel Containing 333 square feet or 0.008 acres, more or | ||||||
| 24 | less. | ||||||
| 25 | Dated: February 6, 2024 | ||||||
| 26 | (b) This Section is repealed July 19, 2027 (3 years after | ||||||
| |||||||
| |||||||
| 1 | the effective date of Public Act 103-698) this amendatory Act | ||||||
| 2 | of the 103rd General Assembly. | ||||||
| 3 | (Source: P.A. 103-698, eff. 7-19-24; revised 10-3-24.)
| ||||||
| 4 | (735 ILCS 30/25-5-135) | ||||||
| 5 | (Section scheduled to be repealed on August 9, 2027) | ||||||
| 6 | Sec. 25-5-135 25-5-130. Quick-take; City of Marengo; | ||||||
| 7 | Interstate 90-Illinois Route 23 Corridor. | ||||||
| 8 | (a) Quick-take proceedings under Article 20 may be used | ||||||
| 9 | for a period of 2 years after August 9, 2024 (the effective | ||||||
| 10 | date of Public Act 103-892) this amendatory Act of the 103rd | ||||||
| 11 | General Assembly by the City of Marengo for the acquisition of | ||||||
| 12 | the following described property for the purpose of extending | ||||||
| 13 | water and sanitary sewer services for the Interstate | ||||||
| 14 | 90-Illinois Route 23 Corridor: | ||||||
| 15 | 11-34-200-020, 22116 W Grant Highway | ||||||
| 16 | PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, | ||||||
| 17 | TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, | ||||||
| 18 | MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS | ||||||
| 19 | FOLLOWS: | ||||||
| 20 | COMMENCING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND | ||||||
| 21 | DESCRIBED IN A DEED RECORDED MARCH 5, 1999 AS DOCUMENT NUMBER | ||||||
| 22 | 1999R0017561 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 23 | NORTH 0 DEGREES 20 MINUTES 55 SECONDS EAST (BEARINGS BASED ON | ||||||
| 24 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 25 | THE EAST LINE OF SAID DEED, A DISTANCE OF 33.05 FEET TO THE | ||||||
| |||||||
| |||||||
| 1 | POINT OF BEGINNING, SAID POINT BEING A POINT ON THE NORTHERLY | ||||||
| 2 | LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND | ||||||
| 3 | MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24 SECONDS WEST | ||||||
| 4 | ALONG SAID NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT | ||||||
| 5 | HIGHWAY) AS USED AND MONUMENTED, A DISTANCE OF 134.97 FEET TO | ||||||
| 6 | THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF RIVER | ||||||
| 7 | RANCH ROAD AS USED AND MONUMENTED; THENCE NORTH 0 DEGREES 20 | ||||||
| 8 | MINUTES 20 SECONDS EAST ALONG SAID EASTERLY LINE, A DISTANCE | ||||||
| 9 | OF 30.05 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS | ||||||
| 10 | EAST, A DISTANCE OF 134.98 FEET TO A POINT ON THE EAST LINE OF | ||||||
| 11 | SAID DEED; THENCE SOUTH 0 DEGREES 20 MINUTES 55 SECONDS WEST | ||||||
| 12 | ALONG SAID EAST LINE, A DISTANCE OF 30.05 FEET TO THE POINT OF | ||||||
| 13 | BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 4,049 | ||||||
| 14 | SQUARE FEET OR 0.093 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 15 | 11-34-200-020.
| ||||||
| 16 | 11-34-426-003, 6105 Meyer Road | ||||||
| 17 | PART OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 44 | ||||||
| 18 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 19 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 20 | COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; | ||||||
| 21 | THENCE NORTH 89 DEGREES 36 MINUTES 03 SECONDS WEST (BEARINGS | ||||||
| 22 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 23 | DATUM) ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A | ||||||
| 24 | DISTANCE OF 317.23 FEET TO THE POINT OF BEGINNING; THENCE | ||||||
| 25 | CONTINUING NORTH 89 DEGREES 36 MINUTES 03 SECONDS WEST ALONG | ||||||
| |||||||
| |||||||
| 1 | SAID SOUTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 | ||||||
| 2 | DEGREES 11 MINUTES 55 SECONDS EAST, A DISTANCE OF 2,353.46 | ||||||
| 3 | FEET; THENCE SOUTH 86 DEGREES 30 MINUTES 00 SECONDS EAST, A | ||||||
| 4 | DISTANCE OF 30.05 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 55 | ||||||
| 5 | SECONDS WEST, A DISTANCE OF 2,351.83 FEET TO THE POINT OF | ||||||
| 6 | BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 70,579 | ||||||
| 7 | SQUARE FEET OR 1.620 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 8 | 11-34-426-003.
| ||||||
| 9 | 11-34-426-004, Meyer Road | ||||||
| 10 | PART OF THE SOUTHEAST QUARTER AND NORTHEAST QUARTER OF SECTION | ||||||
| 11 | 34, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL | ||||||
| 12 | MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY | ||||||
| 13 | DESCRIBED AS FOLLOWS: | ||||||
| 14 | COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; | ||||||
| 15 | THENCE NORTH 89 DEGREES 38 MINUTES 54 SECONDS WEST (BEARINGS | ||||||
| 16 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 17 | DATUM) ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A | ||||||
| 18 | DISTANCE OF 321.91 FEET TO THE POINT OF BEGINNING; THENCE | ||||||
| 19 | SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF | ||||||
| 20 | 280.45 FEET; THENCE NORTH 86 DEGREES 30 MINUTES 00 SECONDS | ||||||
| 21 | WEST, A DISTANCE OF 30.05 FEET; THENCE NORTH 0 DEGREES 11 | ||||||
| 22 | MINUTES 55 SECONDS EAST, A DISTANCE OF 500.03 FEET; THENCE | ||||||
| 23 | SOUTH 86 DEGREES 30 MINUTES 01 SECONDS EAST, A DISTANCE OF | ||||||
| 24 | 30.05 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST, | ||||||
| 25 | A DISTANCE OF 219.58 FEET TO THE POINT OF BEGINNING, IN MCHENRY | ||||||
| |||||||
| |||||||
| 1 | COUNTY, ILLINOIS, CONTAINING 15,001 SQUARE FEET OR 0.344 | ||||||
| 2 | ACRES, MORE OR LESS. BEING PART OF PARCEL 11-34-426-004.
| ||||||
| 3 | 11-34-426-005, 22219 Route 20 | ||||||
| 4 | PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, | ||||||
| 5 | TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, | ||||||
| 6 | MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS | ||||||
| 7 | FOLLOWS: | ||||||
| 8 | COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND | ||||||
| 9 | DESCRIBED IN A DEED RECORDED MARCH 5, 1999 AS DOCUMENT NUMBER | ||||||
| 10 | 1999R0017561 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 11 | SOUTH 0 DEGREES 20 MINUTES 20 SECONDS WEST (BEARINGS BASED ON | ||||||
| 12 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 13 | THE WEST LINE OF SAID DEED EXTENDED SOUTHERLY, A DISTANCE OF | ||||||
| 14 | 33.05 FEET TO A POINT ON THE SOUTHERLY LINE OF U.S. ROUTE 20 | ||||||
| 15 | (WEST GRANT HIGHWAY) AS USED AND MONUMENTED; THENCE SOUTH 86 | ||||||
| 16 | DEGREES 29 MINUTES 24 SECONDS EAST ALONG SAID SOUTHERLY LINE | ||||||
| 17 | OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS USED AND MONUMENTED, A | ||||||
| 18 | DISTANCE OF 101.98 FEET TO THE POINT BEGINNING; THENCE | ||||||
| 19 | CONTINUING SOUTH 86 DEGREES 29 MINUTES 24 SECONDS EAST ALONG | ||||||
| 20 | SAID SOUTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS | ||||||
| 21 | USED AND MONUMENTED, A DISTANCE OF 30.05 FEET; THENCE SOUTH 0 | ||||||
| 22 | DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF 266.66 FEET; | ||||||
| 23 | THENCE NORTH 86 DEGREE 30 MINUTES 01 SECONDS WEST, A DISTANCE | ||||||
| 24 | OF 30.05 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 55 SECONDS | ||||||
| 25 | EAST, A DISTANCE OF 266.67 FEET TO THE POINT OF BEGINNING, IN | ||||||
| |||||||
| |||||||
| 1 | MCHENRY COUNTY, ILLINOIS, CONTAINING 8,000 SQUARE FEET OR | ||||||
| 2 | 0.184 ACRES, MORE OR LESS. BEING PART OF PARCEL 11-34-426-005.
| ||||||
| 3 | 11-35-100-031, 21804 W Grant Highway | ||||||
| 4 | PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF | ||||||
| 5 | SECTION 35, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD | ||||||
| 6 | PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 7 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 8 | COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND | ||||||
| 9 | DESCRIBED IN A DEED RECORDED MAY 18, 2018 AS DOCUMENT NUMBER | ||||||
| 10 | 2018R0018036 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 11 | NORTH 0 DEGREES 20 MINUTES 12 SECONDS WEST (BEARINGS BASED ON | ||||||
| 12 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 13 | THE WEST LINE OF SAID DEED, A DISTANCE OF 33.07 FEET TO THE | ||||||
| 14 | POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 20 | ||||||
| 15 | MINUTES 12 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF | ||||||
| 16 | 30.07 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS | ||||||
| 17 | EAST, A DISTANCE OF 220.12 FEET TO A POINT ON THE EAST LINE OF | ||||||
| 18 | SAID DEED; THENCE SOUTH 0 DEGREES 20 MINUTES 23 SECONDS EAST | ||||||
| 19 | ALONG SAID EAST LINE, A DISTANCE OF 30.07 FEET TO A POINT ON | ||||||
| 20 | THE NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS | ||||||
| 21 | USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24 | ||||||
| 22 | SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 220.12 | ||||||
| 23 | FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, | ||||||
| 24 | CONTAINING 6,604 SQUARE FEET OR 0.152 ACRES, MORE OR LESS. | ||||||
| 25 | BEING PART OF PARCEL 11-35-100-031.
| ||||||
| |||||||
| |||||||
| 1 | 11-35-100-032, 21714 W Grant Highway | ||||||
| 2 | PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF | ||||||
| 3 | SECTION 35, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD | ||||||
| 4 | PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 5 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 6 | BEGINNING AT THE NORTHEAST CORNER OF A PARCEL OF LAND | ||||||
| 7 | DESCRIBED IN A DEED RECORDED DECEMBER 23, 1993 AS DOCUMENT | ||||||
| 8 | NUMBER 1993R0080441 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; | ||||||
| 9 | THENCE SOUTH 0 DEGREES 14 MINUTES 43 SECONDS EAST (BEARINGS | ||||||
| 10 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 11 | DATUM) ALONG THE EAST LINE OF SAID DEED, A DISTANCE OF 20.00 | ||||||
| 12 | FEET; THENCE SOUTH 89 DEGREES 12 MINUTES 06 SECONDS WEST, A | ||||||
| 13 | DISTANCE OF 200.18 FEET TO A POINT ON THE WEST LINE OF SAID | ||||||
| 14 | DEED; THENCE NORTH 0 DEGREES 20 MINUTES 23 SECONDS WEST ALONG | ||||||
| 15 | SAID WEST LINE, A DISTANCE OF 20.00 FEET TO THE NORTHWEST | ||||||
| 16 | CORNER OF SAID DEED; THENCE NORTH 89 DEGREES 12 MINUTES 06 | ||||||
| 17 | SECONDS EAST ALONG THE NORTHERLY LINE OF SAID DEED, A DISTANCE | ||||||
| 18 | OF 200.22 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, | ||||||
| 19 | ILLINOIS, CONTAINING 4,004 SQUARE FEET OR 0.092 ACRES, MORE OR | ||||||
| 20 | LESS. BEING PART OF PARCEL 11-35-100-032. | ||||||
| 21 | and | ||||||
| 22 | PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF | ||||||
| 23 | SECTION 35, TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD | ||||||
| 24 | PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 25 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| |||||||
| |||||||
| 1 | COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND | ||||||
| 2 | DESCRIBED IN A DEED RECORDED DECEMBER 23, 1993 AS DOCUMENT | ||||||
| 3 | NUMBER 1993R0080441 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; | ||||||
| 4 | THENCE NORTH 0 DEGREES 20 MINUTES 23 SECONDS WEST (BEARINGS | ||||||
| 5 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 6 | DATUM) ALONG THE WEST LINE OF SAID DEED, A DISTANCE OF 33.07 | ||||||
| 7 | FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 | ||||||
| 8 | DEGREES 20 MINUTES 23 SECONDS WEST ALONG SAID WEST LINE, A | ||||||
| 9 | DISTANCE OF 30.07 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 | ||||||
| 10 | SECONDS EAST, A DISTANCE OF 200.02 FEET TO A POINT ON THE EAST | ||||||
| 11 | LINE OF SAID DEED; THENCE SOUTH 0 DEGREES 14 MINUTES 43 SECONDS | ||||||
| 12 | EAST ALONG SAID EAST LINE, A DISTANCE OF 30.07 FEET TO A POINT | ||||||
| 13 | ON THE NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS | ||||||
| 14 | USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24 | ||||||
| 15 | SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 199.97 | ||||||
| 16 | FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, | ||||||
| 17 | CONTAINING 6,000 SQUARE FEET OR 0.138 ACRES, MORE OR LESS, | ||||||
| 18 | BEING PART OF PARCEL 11-35-100-032.
| ||||||
| 19 | 11-35-100-070, 21970 Grant Highway | ||||||
| 20 | PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 35, | ||||||
| 21 | TOWNSHIP 44 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, | ||||||
| 22 | MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS | ||||||
| 23 | FOLLOWS: | ||||||
| 24 | COMMENCING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND | ||||||
| 25 | DESCRIBED IN A DEED RECORDED JUNE 25, 2021 AS DOCUMENT NUMBER | ||||||
| |||||||
| |||||||
| 1 | 2021R0034676 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 2 | NORTH 0 DEGREES 03 MINUTES 53 SECONDS EAST (BEARINGS BASED ON | ||||||
| 3 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 4 | THE WEST LINE OF SAID DEED, A DISTANCE OF 33.06 FEET TO THE | ||||||
| 5 | POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 | ||||||
| 6 | MINUTES 53 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF | ||||||
| 7 | 30.05 FEET; THENCE SOUTH 86 DEGREES 29 MINUTES 24 SECONDS | ||||||
| 8 | EAST, A DISTANCE OF 222.32 FEET TO A POINT ON THE EAST LINE OF | ||||||
| 9 | SAID DEED; THENCE SOUTH 0 DEGREES 01 MINUTES 39 SECONDS EAST | ||||||
| 10 | ALONG SAID EAST LINE, A DISTANCE OF 30.06 FEET TO A POINT ON | ||||||
| 11 | THE NORTHERLY LINE OF U.S. ROUTE 20 (WEST GRANT HIGHWAY) AS | ||||||
| 12 | USED AND MONUMENTED; THENCE NORTH 86 DEGREES 29 MINUTES 24 | ||||||
| 13 | SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 222.37 | ||||||
| 14 | FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, | ||||||
| 15 | CONTAINING 6,671 SQUARE FEET OR 0.153 ACRES, MORE OR LESS. | ||||||
| 16 | BEING PART OF PARCEL 11-35-100-070.
| ||||||
| 17 | 16-03-201-001, 6113 Meyer Road | ||||||
| 18 | PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH, | ||||||
| 19 | RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, | ||||||
| 20 | ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 21 | COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; | ||||||
| 22 | THENCE NORTH 89 DEGREES 36 MINUTES 03 SECONDS WEST (BEARINGS | ||||||
| 23 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 24 | DATUM) ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A | ||||||
| 25 | DISTANCE OF 302.62 FEET TO THE POINT OF BEGINNING; THENCE | ||||||
| |||||||
| |||||||
| 1 | SOUTH 0 DEGREES 11 MINUTES 55 SECONDS WEST, A DISTANCE OF | ||||||
| 2 | 1,384.77 FEET; THENCE SOUTH 89 DEGREES 24 MINUTES 13 SECONDS | ||||||
| 3 | WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 11 | ||||||
| 4 | MINUTES 55 SECONDS EAST, A DISTANCE OF 1,199.96 FEET; THENCE | ||||||
| 5 | NORTH 25 DEGREES 02 MINUTES 55 SECONDS EAST, A DISTANCE OF | ||||||
| 6 | 44.80 FEET; THENCE NORTH 0 DEGREES 05 MINUTES 16 SECONDS EAST, | ||||||
| 7 | A DISTANCE OF 10.49 FEET; THENCE NORTH 25 DEGREES 44 MINUTES 54 | ||||||
| 8 | SECONDS WEST, A DISTANCE OF 42.98 FEET; THENCE NORTH 0 DEGREES | ||||||
| 9 | 11 MINUTES 55 SECONDS EAST, A DISTANCE OF 95.54 FEET TO A POINT | ||||||
| 10 | ON THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 | ||||||
| 11 | DEGREES 36 MINUTES 03 SECONDS EAST ALONG SAID NORTH LINE, A | ||||||
| 12 | DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY | ||||||
| 13 | COUNTY, ILLINOIS, CONTAINING 40,607 SQUARE FEET OR 0.932 | ||||||
| 14 | ACRES, MORE OR LESS. BEING PART OF PARCEL 16-03-201-001.
| ||||||
| 15 | 16-03-251-002, Meyer Road | ||||||
| 16 | PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH, | ||||||
| 17 | RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, | ||||||
| 18 | ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 19 | COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; | ||||||
| 20 | THENCE SOUTH 89 DEGREES 22 MINUTES 17 SECONDS WEST (BEARINGS | ||||||
| 21 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 22 | DATUM) ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A | ||||||
| 23 | DISTANCE OF 315.94 FEET TO THE POINT OF BEGINNING; THENCE | ||||||
| 24 | CONTINUING SOUTH 89 DEGREES 22 MINUTES 17 SECONDS WEST ALONG | ||||||
| 25 | SAID SOUTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 | ||||||
| |||||||
| |||||||
| 1 | DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 1,322.74 | ||||||
| 2 | FEET; THENCE NORTH 89 DEGREES 24 MINUTES 13 SECONDS EAST, A | ||||||
| 3 | DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 06 MINUTES 42 | ||||||
| 4 | SECONDS WEST, A DISTANCE OF 1,322.72 FEET TO THE POINT OF | ||||||
| 5 | BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 39,681 | ||||||
| 6 | SQUARE FEET OR 0.911 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 7 | 16-03-251-002.
| ||||||
| 8 | 16-03-400-004, 6715 Meyer Road | ||||||
| 9 | PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH, | ||||||
| 10 | RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, | ||||||
| 11 | ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 12 | COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND | ||||||
| 13 | DESCRIBED IN A DEED RECORDED JULY 31, 2001 AS DOCUMENT NUMBER | ||||||
| 14 | 2001R0054424 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 15 | SOUTH 89 DEGREES 24 MINUTES 57 SECONDS WEST (BEARINGS BASED ON | ||||||
| 16 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 17 | THE NORTH LINE OF SAID DEED, A DISTANCE OF 55.20 FEET TO THE | ||||||
| 18 | POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 08 MINUTES 57 | ||||||
| 19 | SECONDS WEST, A DISTANCE OF 900.35 FEET TO A POINT ON THE SOUTH | ||||||
| 20 | LINE OF SAID DEED; THENCE SOUTH 89 DEGREES 26 MINUTES 15 | ||||||
| 21 | SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET; | ||||||
| 22 | THENCE NORTH 0 DEGREES 08 MINUTES 57 SECONDS EAST, A DISTANCE | ||||||
| 23 | OF 900.34 FEET TO A POINT ON THE NORTH LINE OF SAID DEED; | ||||||
| 24 | THENCE NORTH 89 DEGREES 24 MINUTES 57 SECONDS EAST ALONG SAID | ||||||
| 25 | NORTH LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, | ||||||
| |||||||
| |||||||
| 1 | IN MCHENRY COUNTY, ILLINOIS, CONTAINING 27,010 SQUARE FEET OR | ||||||
| 2 | 0.620 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-03-400-004.
| ||||||
| 3 | 16-03-400-007, Meyer Road | ||||||
| 4 | PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH, | ||||||
| 5 | RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, | ||||||
| 6 | ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 7 | COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND | ||||||
| 8 | DESCRIBED IN A DEED RECORDED JULY 31, 2001 AS DOCUMENT NUMBER | ||||||
| 9 | 2001R0054424 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 10 | SOUTH 89 DEGREES 24 MINUTES 57 SECONDS WEST (BEARINGS BASED ON | ||||||
| 11 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 12 | THE NORTH LINE OF SAID DEED, A DISTANCE OF 55.20 FEET TO THE | ||||||
| 13 | POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 24 | ||||||
| 14 | MINUTES 57 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF | ||||||
| 15 | 30.00 FEET; THENCE NORTH 0 DEGREES 08 MINUTES 57 SECONDS EAST, | ||||||
| 16 | A DISTANCE OF 97.52 FEET; THENCE NORTH 58 DEGREES 47 MINUTES 16 | ||||||
| 17 | SECONDS WEST, A DISTANCE OF 305.97 FEET; THENCE NORTH 0 | ||||||
| 18 | DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 16.55 FEET TO | ||||||
| 19 | A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE | ||||||
| 20 | NORTH 89 DEGREES 22 MINUTES 17 SECONDS EAST ALONG SAID NORTH | ||||||
| 21 | LINE, A DISTANCE OF 30.00 FEET; THENCE SOUTH 58 DEGREES 47 | ||||||
| 22 | MINUTES 16 SECONDS EAST, A DISTANCE OF 305.99 FEET; THENCE | ||||||
| 23 | SOUTH 0 DEGREES 08 MINUTES 57 SECONDS WEST, A DISTANCE OF | ||||||
| 24 | 114.08 FEET TO THE POINT OF BEGINNING. | ||||||
| 25 | ALSO: | ||||||
| |||||||
| |||||||
| 1 | PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 43 NORTH, | ||||||
| 2 | RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, | ||||||
| 3 | ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 4 | COMMENCING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND | ||||||
| 5 | DESCRIBED IN A DEED RECORDED JULY 31, 2001 AS DOCUMENT NUMBER | ||||||
| 6 | 2001R0054424 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 7 | SOUTH 89 DEGREES 26 MINUTES 15 SECONDS WEST (BEARINGS BASED ON | ||||||
| 8 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 9 | THE SOUTH LINE OF SAID DEED, A DISTANCE OF 59.77 FEET TO THE | ||||||
| 10 | POINT OF BEGINNING, SAID POINT BEING A POINT ON THE WESTERLY | ||||||
| 11 | RIGHT-OF-WAY LINE OF MEYER ROAD AS USED AND MONUMENTED; THENCE | ||||||
| 12 | SOUTH 0 DEGREES 15 MINUTES 11 SECONDS WEST ALONG SAID WESTERLY | ||||||
| 13 | LINE, A DISTANCE OF 1035.86 FEET; THENCE SOUTH 0 DEGREES 18 | ||||||
| 14 | MINUTES 22 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE | ||||||
| 15 | OF 325.21 FEET; THENCE SOUTH 2 DEGREES 21 MINUTES 21 SECONDS | ||||||
| 16 | WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 168.26 FEET TO A | ||||||
| 17 | POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE | ||||||
| 18 | NORTH 89 DEGREES 26 MINUTES 20 SECONDS WEST ALONG SAID SOUTH | ||||||
| 19 | LINE, A DISTANCE OF 30.64 FEET; THENCE NORTH 12 DEGREES 15 | ||||||
| 20 | MINUTES 57 SECONDS EAST, A DISTANCE OF 3.61 FEET; THENCE NORTH | ||||||
| 21 | 2 DEGREES 21 MINUTES 21 SECONDS EAST, A DISTANCE OF 164.97 | ||||||
| 22 | FEET; THENCE NORTH 0 DEGREES 18 MINUTES 22 SECONDS WEST, A | ||||||
| 23 | DISTANCE OF 324.51 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 11 | ||||||
| 24 | SECONDS EAST, A DISTANCE OF 1035.73 FEET TO A POINT ON THE | ||||||
| 25 | SOUTH LINE OF SAID DEED; THENCE NORTH 89 DEGREES 26 MINUTES 15 | ||||||
| 26 | SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO | ||||||
| |||||||
| |||||||
| 1 | THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, | ||||||
| 2 | CONTAINING 58,473 SQUARE FEET OR 1.342 ACRES, MORE OR LESS. | ||||||
| 3 | BEING PART OF PARCEL 16-03-400-007.
| ||||||
| 4 | 16-10-200-002, Meyer Road/Pleasant Grove Road | ||||||
| 5 | PART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 43 | ||||||
| 6 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 7 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 8 | COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; | ||||||
| 9 | THENCE NORTH 89 DEGREES 26 MINUTES 20 SECONDS WEST (BEARINGS | ||||||
| 10 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 11 | DATUM) ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A | ||||||
| 12 | DISTANCE OF 73.30 FEET TO THE POINT OF BEGINNING, SAID POINT | ||||||
| 13 | BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF MEYER ROAD | ||||||
| 14 | AS USED AND MONUMENTED; THENCE SOUTH 12 DEGREES 15 MINUTES 57 | ||||||
| 15 | SECONDS WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 355.46 | ||||||
| 16 | FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF | ||||||
| 17 | PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE NORTH 40 | ||||||
| 18 | DEGREES 45 MINUTES 09 SECONDS WEST ALONG SAID NORTHEASTERLY | ||||||
| 19 | LINE, A DISTANCE OF 37.56 FEET; THENCE NORTH 12 DEGREES 15 | ||||||
| 20 | MINUTES 57 SECONDS EAST, A DISTANCE OF 326.65 FEET TO A POINT | ||||||
| 21 | ON THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 | ||||||
| 22 | DEGREES 26 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE, A | ||||||
| 23 | DISTANCE OF 30.64 FEET TO THE POINT OF BEGINNING, IN MCHENRY | ||||||
| 24 | COUNTY, ILLINOIS, CONTAINING 10,232 SQUARE FEET OR 0.235 | ||||||
| 25 | ACRES, MORE OR LESS. BEING PART OF PARCEL 16-10-200-002.
| ||||||
| |||||||
| |||||||
| 1 | 16-11-100-024, Grant Highway | ||||||
| 2 | PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 | ||||||
| 3 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 4 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 5 | COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; | ||||||
| 6 | THENCE SOUTH 0 DEGREES 02 MINUTES 05 SECONDS WEST (BEARINGS | ||||||
| 7 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 8 | DATUM) ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A | ||||||
| 9 | DISTANCE OF 564.87 FEET; THENCE SOUTH 40 DEGREES 45 MINUTES 09 | ||||||
| 10 | SECONDS EAST, A DISTANCE OF 556.01 FEET; THENCE SOUTH 45 | ||||||
| 11 | DEGREES 43 MINUTES 31 SECONDS WEST, A DISTANCE OF 25.64 FEET TO | ||||||
| 12 | THE POINT OF BEGINNING, SAID POINT BEING A POINT ON THE | ||||||
| 13 | SOUTHWESTERLY RIGHT-OF-WAY LINE OF PLEASANT GROVE ROAD AS USED | ||||||
| 14 | AND MONUMENTED; THENCE SOUTH 41 DEGREES 29 MINUTES 10 SECONDS | ||||||
| 15 | EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 41.98 FEET; | ||||||
| 16 | THENCE SOUTH 41 DEGREES 04 MINUTES 55 SECONDS EAST ALONG SAID | ||||||
| 17 | RIGHT-OF-WAY LINE, A DISTANCE OF 446.59 FEET; THENCE SOUTH 43 | ||||||
| 18 | DEGREES 09 MINUTES 36 SECONDS WEST, A DISTANCE OF 30.15 FEET; | ||||||
| 19 | THENCE NORTH 41 DEGREES 04 MINUTES 55 SECONDS WEST, A DISTANCE | ||||||
| 20 | OF 449.51 FEET; THENCE NORTH 41 DEGREES 29 MINUTES 10 SECONDS | ||||||
| 21 | WEST, A DISTANCE OF 40.41 FEET; THENCE NORTH 45 DEGREES 43 | ||||||
| 22 | MINUTES 31 SECONDS EAST, A DISTANCE OF 30.04 FEET TO THE POINT | ||||||
| 23 | OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 14,677 | ||||||
| 24 | SQUARE FEET OR 0.337 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 25 | 16-11-100-024.
| ||||||
| |||||||
| |||||||
| 1 | 16-11-100-026, Grant Highway | ||||||
| 2 | PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 | ||||||
| 3 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 4 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 5 | COMMENCING AT THE NORTHERLY CORNER OF A PARCEL OF LAND | ||||||
| 6 | DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 2018R0043328 | ||||||
| 7 | IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 43 | ||||||
| 8 | DEGREES 04 MINUTES 53 SECONDS WEST (BEARINGS BASED ON ILLINOIS | ||||||
| 9 | STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE | ||||||
| 10 | NORTHWESTERLY LINE OF SAID DEED, A DISTANCE OF 26.98 FEET TO | ||||||
| 11 | THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 43 DEGREES 04 | ||||||
| 12 | MINUTES 53 SECONDS WEST ALONG SAID NORTHWESTERLY LINE, A | ||||||
| 13 | DISTANCE OF 30.00 FEET; THENCE NORTH 46 DEGREES 35 MINUTES 57 | ||||||
| 14 | SECONDS WEST, A DISTANCE OF 315.94 FEET; THENCE NORTH 39 | ||||||
| 15 | DEGREES 24 MINUTES 38 SECONDS WEST, A DISTANCE OF 330.00 FEET; | ||||||
| 16 | THENCE NORTH 41 DEGREES 04 MINUTES 55 SECONDS WEST, A DISTANCE | ||||||
| 17 | OF 14.95 FEET; THENCE NORTH 43 DEGREES 09 MINUTES 36 SECONDS | ||||||
| 18 | EAST, A DISTANCE OF 30.15 FEET TO A POINT ON THE SOUTHWESTERLY | ||||||
| 19 | LINE OF PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE | ||||||
| 20 | SOUTH 41 DEGREES 04 MINUTES 55 SECONDS EAST ALONG SAID | ||||||
| 21 | WESTERLY LINE, A DISTANCE OF 18.41 FEET; THENCE SOUTH 39 | ||||||
| 22 | DEGREES 24 MINUTES 38 SECONDS EAST ALONG SAID WESTERLY LINE, A | ||||||
| 23 | DISTANCE OF 328.55 FEET; THENCE SOUTH 46 DEGREES 35 MINUTES 56 | ||||||
| 24 | SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE 313.89 FEET | ||||||
| 25 | TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, | ||||||
| |||||||
| |||||||
| 1 | CONTAINING 19,826 SQUARE FEET OR 0.455 ACRES, MORE OR LESS. | ||||||
| 2 | BEING PART OF PARCEL 16-11-100-026.
| ||||||
| 3 | 16-11-100-027, Grant Highway | ||||||
| 4 | PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 | ||||||
| 5 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 6 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 7 | COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; | ||||||
| 8 | THENCE SOUTH 0 DEGREES 02 MINUTES 05 SECONDS WEST (BEARINGS | ||||||
| 9 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 10 | DATUM) ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A | ||||||
| 11 | DISTANCE OF 614.24 FEET TO THE POINT OF BEGINNING, SAID POINT | ||||||
| 12 | BEING A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF | ||||||
| 13 | PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE SOUTH 41 | ||||||
| 14 | DEGREES 29 MINUTES 10 SECONDS EAST ALONG SAID RIGHT-OF-WAY | ||||||
| 15 | LINE, A DISTANCE OF 520.24 FEET; THENCE SOUTH 45 DEGREES 43 | ||||||
| 16 | MINUTES 31 SECONDS WEST, A DISTANCE OF 30.04 FEET; THENCE | ||||||
| 17 | NORTH 41 DEGREES 29 MINUTES 10 SECONDS WEST, A DISTANCE OF | ||||||
| 18 | 487.82 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST | ||||||
| 19 | QUARTER; THENCE NORTH 0 DEGREES 02 MINUTES 05 SECONDS EAST | ||||||
| 20 | ALONG SAID WEST LINE, A DISTANCE OF 45.26 FEET TO THE POINT OF | ||||||
| 21 | BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 15,121 | ||||||
| 22 | SQUARE FEET OR 0.347 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 23 | 16-11-100-027.
| ||||||
| 24 | 16-11-100-034, 21813 Pleasant Grove Road | ||||||
| |||||||
| |||||||
| 1 | PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 | ||||||
| 2 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 3 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 4 | COMMENCING AT THE NORTHERLY CORNER OF A PARCEL OF LAND | ||||||
| 5 | DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 2018R0043328 | ||||||
| 6 | IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE SOUTH 43 | ||||||
| 7 | DEGREES 04 MINUTES 53 SECONDS WEST (BEARINGS BASED ON ILLINOIS | ||||||
| 8 | STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE | ||||||
| 9 | NORTHWESTERLY LINE OF SAID DEED, A DISTANCE OF 26.98 FEET TO | ||||||
| 10 | THE POINT OF BEGINNING; THENCE SOUTH 46 DEGREES 35 MINUTES 57 | ||||||
| 11 | SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF PLEASANT GROVE | ||||||
| 12 | ROAD AS USED AND MONUMENTED, A DISTANCE OF 174.82 FEET TO A | ||||||
| 13 | POINT ON THE SOUTHEASTERLY LINE OF SAID DEED; THENCE SOUTH 60 | ||||||
| 14 | DEGREES 37 MINUTES 24 SECONDS WEST ALONG SAID SOUTHEASTERLY | ||||||
| 15 | LINE, A DISTANCE OF 31.41 FEET; THENCE NORTH 46 DEGREES 35 | ||||||
| 16 | MINUTES 57 SECONDS WEST, A DISTANCE OF 165.36 FEET TO A POINT | ||||||
| 17 | ON SAID NORTHWESTERLY LINE; THENCE NORTH 43 DEGREES 04 MINUTES | ||||||
| 18 | 53 SECONDS EAST ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF | ||||||
| 19 | 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, | ||||||
| 20 | ILLINOIS, CONTAINING 5,103 SQUARE FEET OR 0.117 ACRES, MORE OR | ||||||
| 21 | LESS. BEING PART OF PARCEL 16-11-100-034.
| ||||||
| 22 | 16-11-300-011, 7515 S IL Route 23 | ||||||
| 23 | PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 | ||||||
| 24 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 25 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| |||||||
| |||||||
| 1 | COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND | ||||||
| 2 | DESCRIBED IN A DEED RECORDED MARCH 18, 2021 AS DOCUMENT NUMBER | ||||||
| 3 | 2021R0014864 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 4 | SOUTH 89 DEGREES 59 MINUTES 16 SECONDS WEST (BEARINGS BASED ON | ||||||
| 5 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 6 | THE NORTH LINE OF SAID DEED, A DISTANCE OF 30.00 FEET TO THE | ||||||
| 7 | POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 59 | ||||||
| 8 | MINUTES 16 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF | ||||||
| 9 | 30.00 FEET; THENCE NORTH 0 DEGREES 10 MINUTES 11 SECONDS WEST, | ||||||
| 10 | A DISTANCE OF 315.35 FEET TO A POINT ON THE SOUTH LINE OF A | ||||||
| 11 | DEED RECORDED AS DOCUMENT NUMBER 2021R0058501 IN THE RECORDERS | ||||||
| 12 | OFFICE OF MCHENRY COUNTY; THENCE SOUTH 89 DEGREES 45 MINUTES | ||||||
| 13 | 25 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 30.05 | ||||||
| 14 | FEET; THENCE SOUTH 0 DEGREES 09 MINUTES 41 SECONDS EAST ALONG | ||||||
| 15 | THE WESTERLY LINE OF ILLINOIS STATE ROUTE 23 AS USED AND | ||||||
| 16 | MONUMENTED, A DISTANCE OF 315.21 FEET TO THE POINT OF | ||||||
| 17 | BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 9,466 | ||||||
| 18 | SQUARE FEET OR 0.217 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 19 | 16-11-300-011.
| ||||||
| 20 | 16-11-300-018, 7905 S IL Route 23 | ||||||
| 21 | PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 43 | ||||||
| 22 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 23 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 24 | BEGINNING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND | ||||||
| 25 | DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 2021R0058501 | ||||||
| |||||||
| |||||||
| 1 | IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE NORTH 89 | ||||||
| 2 | DEGREES 45 MINUTES 25 SECONDS WEST (BEARINGS BASED ON ILLINOIS | ||||||
| 3 | STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG THE SOUTH | ||||||
| 4 | LINE OF SAID DEED, A DISTANCE OF 33.05 FEET; THENCE NORTH 2 | ||||||
| 5 | DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF 131.76 FEET; | ||||||
| 6 | THENCE NORTH 0 DEGREES 02 MINUTES 27 SECONDS WEST, A DISTANCE | ||||||
| 7 | OF 35.98 FEET TO A POINT ON THE NORTH LINE OF SAID DEED; THENCE | ||||||
| 8 | SOUTH 89 DEGREES 30 MINUTES 22 SECONDS EAST ALONG SAID NORTH | ||||||
| 9 | LINE, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 02 | ||||||
| 10 | MINUTES 27 SECONDS EAST ALONG THE WESTERLY LINE OF ILLINOIS | ||||||
| 11 | STATE ROUTE 23 PER COURT CASE NO. 92-ED-79, A DISTANCE OF 34.93 | ||||||
| 12 | FEET; THENCE SOUTH 2 DEGREES 57 MINUTES 51 SECONDS EAST ALONG | ||||||
| 13 | SAID WESTERLY LINE, A DISTANCE OF 132.68 FEET TO THE POINT OF | ||||||
| 14 | BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 5,030 | ||||||
| 15 | SQUARE FEET OR 0.115 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 16 | 16-11-300-018.
| ||||||
| 17 | 16-11-300-019, Grant Highway | ||||||
| 18 | PART OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF | ||||||
| 19 | SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD | ||||||
| 20 | PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 21 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 22 | COMMENCING AT THE SOUTHEASTERLY CORNER OF A PARCEL OF LAND | ||||||
| 23 | DESCRIBED IN A DEED RECORDED MARCH 27, 2017 AS DOCUMENT NUMBER | ||||||
| 24 | 2017R0010605 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 25 | SOUTH 83 DEGREES 22 MINUTES 50 SECONDS WEST (BEARINGS BASED ON | ||||||
| |||||||
| |||||||
| 1 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 2 | THE SOUTHERLY LINE OF SAID DEED, A DISTANCE OF 35.09 FEET TO | ||||||
| 3 | THE POINT OF BEGINNING; THENCE SOUTH 45 DEGREES 31 MINUTES 14 | ||||||
| 4 | SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF PLEASANT GROVE | ||||||
| 5 | ROAD AS USED AND MONUMENTED, A DISTANCE OF 146.50 FEET TO A | ||||||
| 6 | POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID | ||||||
| 7 | SOUTHWESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE | ||||||
| 8 | NORTHEAST, HAVING A RADIUS OF 2080.04 FEET AND A LENGTH OF 6.65 | ||||||
| 9 | FEET TO A POINT OF NONTANGENCY, THE CHORD OF SAID ARC HAVING A | ||||||
| 10 | LENGTH OF 6.65 FEET AND A BEARING OF SOUTH 46 DEGREES 04 | ||||||
| 11 | MINUTES 24 SECONDS EAST; THENCE SOUTH 44 DEGREES 31 MINUTES 12 | ||||||
| 12 | SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTHWESTERLY | ||||||
| 13 | ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF | ||||||
| 14 | 2110.04 FEET AND A LENGTH OF 28.11 FEET TO A POINT OF TANGENCY, | ||||||
| 15 | THE CHORD OF SAID ARC HAVING A LENGTH OF 28.11 FEET AND A | ||||||
| 16 | BEARING OF NORTH 45 DEGREES 46 MINUTES 25 SECONDS WEST; THENCE | ||||||
| 17 | NORTH 45 DEGREES 43 MINUTES 57 SECONDS WEST, A DISTANCE OF | ||||||
| 18 | 149.74 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID DEED; | ||||||
| 19 | THENCE NORTH 83 DEGREES 22 MINUTES 50 SECONDS EAST ALONG SAID | ||||||
| 20 | SOUTHERLY LINE, A DISTANCE 39.36 FEET TO THE POINT OF | ||||||
| 21 | BEGINNING. | ||||||
| 22 | ALSO: | ||||||
| 23 | COMMENCING AT THE SOUTHEASTERLY CORNER OF A PARCEL OF LAND | ||||||
| 24 | DESCRIBED IN A DEED RECORDED MARCH 27, 2017 AS DOCUMENT NUMBER | ||||||
| 25 | 2017R0010605 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 26 | SOUTH 83 DEGREES 22 MINUTES 50 SECONDS WEST (BEARINGS BASED ON | ||||||
| |||||||
| |||||||
| 1 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 2 | THE SOUTHERLY LINE OF SAID DEED, A DISTANCE OF 35.09 FEET; | ||||||
| 3 | THENCE SOUTH 45 DEGREES 31 MINUTES 14 SECONDS EAST ALONG THE | ||||||
| 4 | SOUTHWESTERLY LINE OF PLEASANT GROVE ROAD AS USED AND | ||||||
| 5 | MONUMENTED, A DISTANCE OF 146.50 FEET TO A POINT OF CURVATURE; | ||||||
| 6 | THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SAID LINE | ||||||
| 7 | BEING A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF | ||||||
| 8 | 2080.04 FEET AND A LENGTH OF 34.63 FEET TO A POINT THE POINT OF | ||||||
| 9 | BEGINNING, THE CHORD OF SAID ARC HAVING A LENGTH OF 34.62 FEET | ||||||
| 10 | AND A BEARING OF SOUTH 46 DEGREES 27 MINUTES 31 SECONDS EAST; | ||||||
| 11 | THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SAID LINE | ||||||
| 12 | BEING A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF | ||||||
| 13 | 2080.04 FEET AND A LENGTH OF 357.75 FEET TO A POINT OF | ||||||
| 14 | NONTANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 357.31 | ||||||
| 15 | FEET AND A BEARING OF SOUTH 51 DEGREES 51 MINUTES 46 SECONDS | ||||||
| 16 | EAST; THENCE SOUTH 0 DEGREES 25 MINUTES 58 SECONDS EAST, A | ||||||
| 17 | DISTANCE OF 35.92 FEET; THENCE NORTHWESTERLY ALONG A CURVE | ||||||
| 18 | CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2110.04 FEET AND A | ||||||
| 19 | LENGTH OF 383.41 FEET TO A POINT OF NONTANGENCY, THE CHORD OF | ||||||
| 20 | SAID ARC HAVING A LENGTH OF 382.89 FEET AND A BEARING OF NORTH | ||||||
| 21 | 52 DEGREES 07 MINUTES 29 SECONDS WEST; THENCE NORTH 44 DEGREES | ||||||
| 22 | 13 MINUTES 03 SECONDS EAST, A DISTANCE OF 30.01 FEET TO THE | ||||||
| 23 | POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING | ||||||
| 24 | 16,128 SQUARE FEET OR 0.370 ACRES, MORE OR LESS. BEING PART OF | ||||||
| 25 | PARCEL 16-11-300-019.
| ||||||
| |||||||
| |||||||
| 1 | 16-11-300-020, Grant Highway | ||||||
| 2 | PART OF THE SOUTHWEST QUARTER AND PART OF THE SOUTHEAST | ||||||
| 3 | QUARTER OF SECTION 11, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE | ||||||
| 4 | 3RD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 5 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 6 | COMMENCING AT THE NORTHEAST CORNER OF A PARCEL OF LAND | ||||||
| 7 | DESCRIBED IN A DEED RECORDED OCTOBER 13, 1987 AS DOCUMENT | ||||||
| 8 | NUMBER 87R005793 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; | ||||||
| 9 | THENCE SOUTH 89 DEGREES 59 MINUTES 15 SECONDS WEST (BEARINGS | ||||||
| 10 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 11 | DATUM) ALONG THE NORTH LINE OF SAID DEED, A DISTANCE OF 37.10 | ||||||
| 12 | FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 | ||||||
| 13 | DEGREES 59 MINUTES 15 SECONDS WEST ALONG SAID NORTH LINE, A | ||||||
| 14 | DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 06 | ||||||
| 15 | SECONDS EAST, A DISTANCE OF 197.90 FEET; THENCE NORTH 0 | ||||||
| 16 | DEGREES 59 MINUTES 00 SECONDS WEST, A DISTANCE OF 288.75 FEET | ||||||
| 17 | TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE | ||||||
| 18 | CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1115.46 FEET AND A | ||||||
| 19 | LENGTH OF 409.62 FEET TO A POINT OF NONTANGENCY, THE CHORD OF | ||||||
| 20 | SAID ARC HAVING A LENGTH OF 407.32 FEET AND A BEARING OF NORTH | ||||||
| 21 | 10 DEGREES 32 MINUTES 58 SECONDS EAST; THENCE NORTH 5 DEGREES | ||||||
| 22 | 32 MINUTES 39 SECONDS WEST, A DISTANCE OF 5.66 FEET; THENCE | ||||||
| 23 | NORTH 60 DEGREES 06 MINUTES 59 SECONDS WEST, A DISTANCE OF | ||||||
| 24 | 57.88 FEET; THENCE NORTH 60 DEGREES 31 MINUTES 31 SECONDS | ||||||
| 25 | WEST, A DISTANCE OF 93.02 FEET; THENCE NORTH 61 DEGREES 37 | ||||||
| 26 | MINUTES 43 SECONDS WEST, A DISTANCE OF 117.56 FEET; THENCE | ||||||
| |||||||
| |||||||
| 1 | NORTH 60 DEGREES 38 MINUTES 16 SECONDS WEST, A DISTANCE OF | ||||||
| 2 | 181.47 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY | ||||||
| 3 | ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF | ||||||
| 4 | 2110.04 FEET AND A LENGTH OF 101.69 FEET TO A POINT OF | ||||||
| 5 | NONTANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 101.68 | ||||||
| 6 | FEET AND A BEARING OF NORTH 58 DEGREES 42 MINUTES 39 SECONDS | ||||||
| 7 | WEST; THENCE NORTH 0 DEGREES 25 MINUTES 58 SECONDS WEST, A | ||||||
| 8 | DISTANCE OF 35.92 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF | ||||||
| 9 | PLEASANT GROVE ROAD AS USED AND MONUMENTED; THENCE | ||||||
| 10 | SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SAID LINE BEING A | ||||||
| 11 | CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2080.04 | ||||||
| 12 | FEET AND A LENGTH OF 121.43 FEET TO A POINT OF TANGENCY, THE | ||||||
| 13 | CHORD OF SAID ARC HAVING A LENGTH OF 121.42 FEET AND A BEARING | ||||||
| 14 | OF SOUTH 58 DEGREES 27 MINUTES 44 SECONDS EAST; THENCE SOUTH 60 | ||||||
| 15 | DEGREES 38 MINUTES 16 SECONDS EAST ALONG SAID SOUTHWESTERLY | ||||||
| 16 | LINE, A DISTANCE OF 179.36 FEET; THENCE SOUTH 61 DEGREES 37 | ||||||
| 17 | MINUTES 43 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE, A | ||||||
| 18 | DISTANCE OF 117.59 FEET; THENCE SOUTH 60 DEGREES 31 MINUTES 31 | ||||||
| 19 | SECONDS EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF | ||||||
| 20 | 93.42 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 59 SECONDS EAST | ||||||
| 21 | ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 73.46 FEET TO A | ||||||
| 22 | POINT ON THE WESTERLY LINE OF ILLINOIS STATE ROUTE 23 PER THE | ||||||
| 23 | PLAT OF HIGHWAYS RECORDED APRIL 8TH 1993 AS DOCUMENT NUMBER | ||||||
| 24 | 93R018532 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 25 | SOUTH 5 DEGREES 32 MINUTES 39 SECONDS EAST ALONG SAID WESTERLY | ||||||
| 26 | LINE, A DISTANCE OF 28.23 FEET; THENCE SOUTHWESTERLY ALONG | ||||||
| |||||||
| |||||||
| 1 | SAID WESTERLY LINE, SAID LINE BEING A CURVE CONCAVE TO THE | ||||||
| 2 | SOUTHEAST, HAVING A RADIUS OF 1085.46 FEET AND A LENGTH OF | ||||||
| 3 | 405.65 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC | ||||||
| 4 | HAVING A LENGTH OF 403.30 FEET AND A BEARING OF SOUTH 10 | ||||||
| 5 | DEGREES 44 MINUTES 08 SECONDS WEST; THENCE SOUTH 0 DEGREES 58 | ||||||
| 6 | MINUTES 57 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE | ||||||
| 7 | OF 289.29 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 06 SECONDS | ||||||
| 8 | WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 197.87 FEET TO THE | ||||||
| 9 | POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING | ||||||
| 10 | 44,404 SQUARE FEET OR 1.019 ACRES, MORE OR LESS. BEING PART OF | ||||||
| 11 | PARCEL 16-11-300-020.
| ||||||
| 12 | 16-14-300-004, 8605 S IL Route 23 | ||||||
| 13 | PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 43 | ||||||
| 14 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 15 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 16 | COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; | ||||||
| 17 | THENCE SOUTH 89 DEGREES 31 MINUTES 44 SECONDS WEST (BEARINGS | ||||||
| 18 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 19 | DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A | ||||||
| 20 | DISTANCE OF 39.20 FEET TO THE POINT OF BEGINNING; THENCE SOUTH | ||||||
| 21 | 0 DEGREES 02 MINUTES 56 SECONDS EAST ALONG THE WESTERLY LINE OF | ||||||
| 22 | ILLINOIS STATE ROUTE 23 AS USED AND MONUMENTED, A DISTANCE OF | ||||||
| 23 | 170.00 FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 44 SECONDS | ||||||
| 24 | WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 02 | ||||||
| 25 | MINUTES 56 SECONDS WEST, A DISTANCE OF 170.00 FEET TO A POINT | ||||||
| |||||||
| |||||||
| 1 | ON THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 | ||||||
| 2 | DEGREES 31 MINUTES 44 SECONDS EAST ALONG SAID NORTH LINE, A | ||||||
| 3 | DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN MCHENRY | ||||||
| 4 | COUNTY, ILLINOIS, CONTAINING 5,100 SQUARE FEET OR 0.117 ACRES, | ||||||
| 5 | MORE OR LESS. BEING PART OF PARCEL 16-14-300-004.
| ||||||
| 6 | 16-23-100-011, 9809 S IL Route 23 | ||||||
| 7 | PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF | ||||||
| 8 | SECTION 23, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD | ||||||
| 9 | PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 10 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 11 | COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; | ||||||
| 12 | THENCE NORTH 89 DEGREES 57 MINUTES 46 SECONDS WEST (BEARINGS | ||||||
| 13 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 14 | DATUM) ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A | ||||||
| 15 | DISTANCE OF 27.11 FEET TO THE POINT OF BEGINNING; THENCE | ||||||
| 16 | CONTINUING NORTH 89 DEGREES 57 MINUTES 46 SECONDS WEST ALONG | ||||||
| 17 | SAID SOUTH LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 | ||||||
| 18 | DEGREES 05 MINUTES 58 SECONDS WEST, A DISTANCE OF 50.32 FEET TO | ||||||
| 19 | A POINT ON THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AND | ||||||
| 20 | MONUMENTED; THENCE SOUTH 76 DEGREES 45 MINUTES 52 SECONDS EAST | ||||||
| 21 | ALONG SAID SOUTHERLY LINE, A DISTANCE OF 30.83 FEET TO A POINT | ||||||
| 22 | ON THE WESTERLY LINE OF ILLINOIS STATE ROUTE 23 AS USED AND | ||||||
| 23 | MONUMENTED; THENCE SOUTH 0 DEGREES 05 MINUTES 58 SECONDS EAST | ||||||
| 24 | ALONG SAID WESTERLY LINE, A DISTANCE OF 43.28 FEET TO THE POINT | ||||||
| 25 | OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 1,404 | ||||||
| |||||||
| |||||||
| 1 | SQUARE FEET OR 0.032 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 2 | 16-23-100-011.
| ||||||
| 3 | 16-23-300-004, 9809 S IL Route 23 | ||||||
| 4 | PART OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 43 | ||||||
| 5 | NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, MCHENRY | ||||||
| 6 | COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 7 | COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; | ||||||
| 8 | THENCE NORTH 89 DEGREES 57 MINUTES 46 SECONDS WEST (BEARINGS | ||||||
| 9 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 10 | DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A | ||||||
| 11 | DISTANCE OF 27.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH | ||||||
| 12 | 0 DEGREES 05 MINUTES 58 SECONDS EAST ALONG THE WESTERLY LINE OF | ||||||
| 13 | ILLINOIS STATE ROUTE 23 AS USED AND MONUMENTED, A DISTANCE OF | ||||||
| 14 | 1629.12 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND | ||||||
| 15 | DESCRIBED IN A DEED RECORDED MARCH 06, 2019 AS DOCUMENT NUMBER | ||||||
| 16 | 2019R0005925 IN THE RECORDERS OFFICE OF MCHENRY COUNTY; THENCE | ||||||
| 17 | SOUTH 89 DEGREES 53 MINUTES 53 SECONDS WEST ALONG SAID | ||||||
| 18 | NORTHERLY LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 | ||||||
| 19 | DEGREES 05 MINUTES 58 SECONDS WEST, A DISTANCE OF 1629.19 FEET | ||||||
| 20 | TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE | ||||||
| 21 | SOUTH 89 DEGREES 57 MINUTES 46 SECONDS EAST ALONG SAID NORTH | ||||||
| 22 | LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, IN | ||||||
| 23 | MCHENRY COUNTY, ILLINOIS, CONTAINING 48,875 SQUARE FEET OR | ||||||
| 24 | 1.122 ACRES, MORE OR LESS. BEING PART OF PARCEL 16-23-300-004.
| ||||||
| |||||||
| |||||||
| 1 | 16-24-300-003, 20805 Anthony Road | ||||||
| 2 | PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 24, | ||||||
| 3 | TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD PRINCIPAL MERIDIAN, | ||||||
| 4 | MCHENRY COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS | ||||||
| 5 | FOLLOWS: | ||||||
| 6 | COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE | ||||||
| 7 | SOUTH 0 DEGREES 05 MINUTES 32 SECONDS WEST (BEARINGS BASED ON | ||||||
| 8 | ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM) ALONG | ||||||
| 9 | THE EAST LINE OF SAID WEST HALF, A DISTANCE OF 28.82 FEET TO | ||||||
| 10 | THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 05 | ||||||
| 11 | MINUTES 32 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF | ||||||
| 12 | 10.00 FEET; THENCE SOUTH 89 DEGREES 31 MINUTES 00 SECONDS | ||||||
| 13 | WEST, A DISTANCE OF 164.32 FEET; THENCE NORTH 0 DEGREES 08 | ||||||
| 14 | MINUTES 58 SECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE | ||||||
| 15 | NORTH 89 DEGREES 31 MINUTES 00 SECONDS EAST ALONG THE | ||||||
| 16 | SOUTHERLY LINE OF ANTHONY ROAD AS USED AND MONUMENTED, A | ||||||
| 17 | DISTANCE OF 164.36 FEET TO THE POINT OF BEGINNING, IN MCHENRY | ||||||
| 18 | COUNTY, ILLINOIS, CONTAINING 1643 SQUARE FEET OR 0.038 ACRES, | ||||||
| 19 | MORE OR LESS. BEING PART OF PARCEL 16-24-300-003.
| ||||||
| 20 | 16-24-300-008, Anthony Road | ||||||
| 21 | PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF | ||||||
| 22 | SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD | ||||||
| 23 | PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 24 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 25 | COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; | ||||||
| |||||||
| |||||||
| 1 | THENCE NORTH 89 DEGREES 32 MINUTES 44 SECONDS EAST (BEARINGS | ||||||
| 2 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 3 | DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A | ||||||
| 4 | DISTANCE OF 199.94 FEET; THENCE SOUTH 0 DEGREES 23 MINUTES 00 | ||||||
| 5 | SECONDS EAST, A DISTANCE OF 27.97 FEET TO THE POINT OF | ||||||
| 6 | BEGINNING; THENCE NORTH 89 DEGREES 36 MINUTES 03 SECONDS EAST | ||||||
| 7 | ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AND | ||||||
| 8 | MONUMENTED, A DISTANCE OF 965.54 FEET; THENCE SOUTH 0 DEGREES | ||||||
| 9 | 08 MINUTES 58 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE | ||||||
| 10 | SOUTH 89 DEGREES 36 MINUTES 03 SECONDS WEST, A DISTANCE OF | ||||||
| 11 | 965.50 FEET; THENCE NORTH 0 DEGREES 23 MINUTES 00 SECONDS | ||||||
| 12 | WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, IN | ||||||
| 13 | MCHENRY COUNTY, ILLINOIS, CONTAINING 9655 SQUARE FEET OR 0.222 | ||||||
| 14 | ACRES, MORE OR LESS. BEING PART OF PARCEL 16-24-300-008.
| ||||||
| 15 | 16-24-300-013, Anthony Road | ||||||
| 16 | PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF | ||||||
| 17 | SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD | ||||||
| 18 | PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 19 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 20 | COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; | ||||||
| 21 | THENCE SOUTH 89 DEGREES 32 MINUTES 44 SECONDS WEST (BEARINGS | ||||||
| 22 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| 23 | DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A | ||||||
| 24 | DISTANCE OF 665.01 FEET; THENCE SOUTH 0 DEGREES 01 MINUTES 25 | ||||||
| 25 | SECONDS WEST, A DISTANCE OF 28.29 FEET TO THE POINT OF | ||||||
| |||||||
| |||||||
| 1 | BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 01 MINUTES 25 | ||||||
| 2 | SECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 | ||||||
| 3 | DEGREES 23 MINUTES 57 SECONDS WEST, A DISTANCE OF 157.79 FEET; | ||||||
| 4 | THENCE SOUTH 89 DEGREES 43 MINUTES 33 SECONDS WEST, A DISTANCE | ||||||
| 5 | OF 153.50 FEET; THENCE SOUTH 89 DEGREES 26 MINUTES 49 SECONDS | ||||||
| 6 | WEST, A DISTANCE OF 353.78 FEET; THENCE NORTH 0 DEGREES 05 | ||||||
| 7 | MINUTES 32 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE | ||||||
| 8 | NORTH 89 DEGREES 26 MINUTES 49 SECONDS EAST ALONG THE | ||||||
| 9 | SOUTHERLY LINE OF ANTHONY ROAD AS USED AND MONUMENTED, A | ||||||
| 10 | DISTANCE OF 353.69 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 33 | ||||||
| 11 | SECONDS EAST ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED | ||||||
| 12 | AND MONUMENTED, A DISTANCE OF 153.49 FEET; THENCE NORTH 89 | ||||||
| 13 | DEGREES 23 MINUTES 57 SECONDS EAST ALONG THE SOUTHERLY LINE OF | ||||||
| 14 | ANTHONY ROAD AS USED AND MONUMENTED, A DISTANCE OF 157.87 FEET | ||||||
| 15 | TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, | ||||||
| 16 | CONTAINING 6651 SQUARE FEET OR 0.153 ACRES, MORE OR LESS. | ||||||
| 17 | BEING PART OF PARCEL 16-24-300-013.
| ||||||
| 18 | 16-24-300-019, Anthony Road | ||||||
| 19 | PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF | ||||||
| 20 | SECTION 24, TOWNSHIP 43 NORTH, RANGE 5 EAST OF THE 3RD | ||||||
| 21 | PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, MORE | ||||||
| 22 | PARTICULARLY DESCRIBED AS FOLLOWS: | ||||||
| 23 | COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; | ||||||
| 24 | THENCE SOUTH 89 DEGREES 32 MINUTES 44 SECONDS WEST (BEARINGS | ||||||
| 25 | BASED ON ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 | ||||||
| |||||||
| |||||||
| 1 | DATUM) ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A | ||||||
| 2 | DISTANCE OF 575.06 FEET; THENCE SOUTH 0 DEGREES 02 MINUTES 40 | ||||||
| 3 | SECONDS EAST, A DISTANCE OF 28.06 FEET TO THE POINT OF | ||||||
| 4 | BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 02 MINUTES 40 | ||||||
| 5 | SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 | ||||||
| 6 | DEGREES 23 MINUTES 57 SECONDS WEST, A DISTANCE OF 90.00 FEET; | ||||||
| 7 | THENCE NORTH 0 DEGREES 01 MINUTES 25 SECONDS EAST, A DISTANCE | ||||||
| 8 | OF 10.00 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 57 SECONDS | ||||||
| 9 | EAST ALONG THE SOUTHERLY LINE OF ANTHONY ROAD AS USED AND | ||||||
| 10 | MONUMENTED, A DISTANCE OF 89.98 FEET TO THE POINT OF | ||||||
| 11 | BEGINNING, IN MCHENRY COUNTY, ILLINOIS, CONTAINING 900 SQUARE | ||||||
| 12 | FEET OR 0.021 ACRES, MORE OR LESS. BEING PART OF PARCEL | ||||||
| 13 | 16-24-300-019. | ||||||
| 14 | (b) This Section is repealed August 9, 2027 (3 years after | ||||||
| 15 | the effective date of Public Act 103-892) this amendatory Act | ||||||
| 16 | of the 103rd General Assembly. | ||||||
| 17 | (Source: P.A. 103-892, eff. 8-9-24; revised 10-3-24.)
| ||||||
| 18 | Section 1120. The Lawful Health Care Activity Act is | ||||||
| 19 | amended by changing Sections 28-10 and 28-11 as follows:
| ||||||
| 20 | (735 ILCS 40/28-10) | ||||||
| 21 | Sec. 28-10. Definitions. As used in this Act: | ||||||
| 22 | "Lawful health care" means: | ||||||
| 23 | (1) reproductive health care that is not unlawful | ||||||
| 24 | under the laws of this State, including on any theory of | ||||||
| |||||||
| |||||||
| 1 | vicarious, joint, several, or conspiracy liability; or | ||||||
| 2 | (2) the treatment of gender dysphoria or the | ||||||
| 3 | affirmation of an individual's gender identity or gender | ||||||
| 4 | expression, including, but not limited to, all supplies, | ||||||
| 5 | care, and services of a medical, behavioral health, mental | ||||||
| 6 | health, surgical, psychiatric, therapeutic, diagnostic, | ||||||
| 7 | preventative, rehabilitative, or supportive nature that is | ||||||
| 8 | not unlawful under the laws of this State, including on | ||||||
| 9 | any theory of vicarious, joint, several, or conspiracy | ||||||
| 10 | liability. | ||||||
| 11 | "Lawful health care activity" means seeking, providing, | ||||||
| 12 | receiving, assisting in seeking, providing, or receiving, | ||||||
| 13 | providing material support for, or traveling to obtain lawful | ||||||
| 14 | health care. | ||||||
| 15 | "Health records related to lawful health care" means | ||||||
| 16 | records that identify a person who has sought or received | ||||||
| 17 | lawful health care healthcare, including, but not limited to, | ||||||
| 18 | information regarding an individual's medical history, mental | ||||||
| 19 | or physical condition, or medical treatment or diagnosis by a | ||||||
| 20 | health care healthcare professional, and insurance and billing | ||||||
| 21 | records for medical care. | ||||||
| 22 | "Location information related to lawful health care" means | ||||||
| 23 | precise location information that could be reasonably used to | ||||||
| 24 | identify a person's attempt to acquire or receive lawful | ||||||
| 25 | health care, including, but not limited to, records of the | ||||||
| 26 | location of a person's license plate, records of the location | ||||||
| |||||||
| |||||||
| 1 | of a cell phone or other device that tracks location, or | ||||||
| 2 | records of observations of a person's location when the | ||||||
| 3 | location is near a provider of lawful health care. | ||||||
| 4 | "Reproductive health care" shall have the same meaning as | ||||||
| 5 | Section 1-10 of the Reproductive Health Act. | ||||||
| 6 | "State" has the meaning given in Section 1-10 of the | ||||||
| 7 | Reproductive Health Act. | ||||||
| 8 | (Source: P.A. 102-1117, eff. 1-13-23; 103-786, eff. 8-7-24; | ||||||
| 9 | revised 10-21-24.)
| ||||||
| 10 | (735 ILCS 40/28-11) | ||||||
| 11 | Sec. 28-11. Prohibited State actions. | ||||||
| 12 | (a) Unless otherwise necessary to comply with Illinois or | ||||||
| 13 | federal law, the State shall not provide any information or | ||||||
| 14 | expend or use any time, money, facilities, property, | ||||||
| 15 | equipment, personnel, or other resources to assist any | ||||||
| 16 | individual, or out-of-state officer, official, agency, entity, | ||||||
| 17 | or department seeking to impose civil or criminal liability | ||||||
| 18 | upon a person or entity for lawful health care healthcare | ||||||
| 19 | activity. | ||||||
| 20 | (b) Location information related to lawful health care and | ||||||
| 21 | health records related to lawful health care are confidential | ||||||
| 22 | and exempt from disclosure under the Freedom of Information | ||||||
| 23 | Act. | ||||||
| 24 | (c) This Section does not apply if an individual or | ||||||
| 25 | out-of-state officer, official, agency, entity, or department | ||||||
| |||||||
| |||||||
| 1 | is investigating conduct that would be subject to civil or | ||||||
| 2 | criminal liability under the laws of Illinois. | ||||||
| 3 | (Source: P.A. 103-786, eff. 8-7-24; revised 10-21-24.)
| ||||||
| 4 | Section 1125. The Illinois Antitrust Act is amended by | ||||||
| 5 | changing Section 7.2 as follows:
| ||||||
| 6 | (740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2) | ||||||
| 7 | Sec. 7.2. (1) Whenever it appears to the Attorney General | ||||||
| 8 | that any person has engaged in, is engaging in, or is about to | ||||||
| 9 | engage in any act or practice prohibited by this Act, or that | ||||||
| 10 | any person has assisted or participated in any agreement or | ||||||
| 11 | combination of the nature described herein, he may, in his | ||||||
| 12 | discretion, conduct an investigation as he deems necessary in | ||||||
| 13 | connection with the matter and has the authority prior to the | ||||||
| 14 | commencement of any civil or criminal action as provided for | ||||||
| 15 | in the Act to subpoena witnesses, and pursuant to a subpoena | ||||||
| 16 | (i) compel their attendance for the purpose of examining them | ||||||
| 17 | under oath, (ii) require the production of any books, | ||||||
| 18 | documents, records, writings, or tangible things hereafter | ||||||
| 19 | referred to as "documentary material" which the Attorney | ||||||
| 20 | General deems relevant or material to his investigation, for | ||||||
| 21 | inspection, reproducing, or copying under such terms and | ||||||
| 22 | conditions as hereafter set forth, (iii) require written | ||||||
| 23 | answers under oath to written interrogatories, or (iv) require | ||||||
| 24 | compliance with a combination of the foregoing. Any subpoena | ||||||
| |||||||
| |||||||
| 1 | issued by the Attorney General shall contain the following | ||||||
| 2 | information: | ||||||
| 3 | (a) The statute and section thereof, the alleged | ||||||
| 4 | violation of which is under investigation and the general | ||||||
| 5 | subject matter of the investigation. | ||||||
| 6 | (b) The date and place at which time the person is | ||||||
| 7 | required to appear or produce documentary material in his | ||||||
| 8 | possession, custody, or control or submit answers to | ||||||
| 9 | interrogatories in the office of the Attorney General | ||||||
| 10 | located in Springfield or Chicago. Said date shall not be | ||||||
| 11 | less than 10 days from date of service of the subpoena. | ||||||
| 12 | (c) Where documentary material is required to be | ||||||
| 13 | produced, the same shall be described by class so as to | ||||||
| 14 | clearly indicate the material demanded. | ||||||
| 15 | The Attorney General is hereby authorized, and may so | ||||||
| 16 | elect, to require the production, pursuant to this Section | ||||||
| 17 | section, of documentary material or interrogatory answers | ||||||
| 18 | prior to the taking of any testimony of the person subpoenaed. | ||||||
| 19 | Said documentary material shall be made available for | ||||||
| 20 | inspection and copying during normal business hours at the | ||||||
| 21 | principal place of business of the person served, or at such | ||||||
| 22 | other time and place, as may be agreed upon by the person | ||||||
| 23 | served and the Attorney General. When documentary material is | ||||||
| 24 | demanded by subpoena, said subpoena shall not: | ||||||
| 25 | (i) contain any requirement which would be | ||||||
| 26 | unreasonable or improper if contained in a subpoena duces | ||||||
| |||||||
| |||||||
| 1 | tecum issued by a court of this State; or | ||||||
| 2 | (ii) require the disclosure of any documentary | ||||||
| 3 | material which would be privileged, or which for any other | ||||||
| 4 | reason would not be required by a subpoena duces tecum | ||||||
| 5 | issued by a court of this State. | ||||||
| 6 | (2) The production of documentary material in response to | ||||||
| 7 | a subpoena served pursuant to this Section shall be made under | ||||||
| 8 | a sworn certificate, in such form as the subpoena designates, | ||||||
| 9 | by the person, if a natural person, to whom the demand is | ||||||
| 10 | directed or, if not a natural person, by a person or persons | ||||||
| 11 | having knowledge of the facts and circumstances relating to | ||||||
| 12 | such production, to the effect that all of the documentary | ||||||
| 13 | material required by the demand and in the possession, | ||||||
| 14 | custody, or control of the person to whom the demand is | ||||||
| 15 | directed has been produced and made available to the | ||||||
| 16 | custodian. Answers to interrogatories shall be accompanied by | ||||||
| 17 | a statement under oath attesting to the accuracy of the | ||||||
| 18 | answers. | ||||||
| 19 | While in the possession of the Attorney General and under | ||||||
| 20 | such reasonable terms and conditions as the Attorney General | ||||||
| 21 | shall prescribe: (A) documentary material shall be available | ||||||
| 22 | for examination by the person who produced such material or by | ||||||
| 23 | any duly authorized representative of such person, (B) | ||||||
| 24 | transcript of oral testimony shall be available for | ||||||
| 25 | examination by the person who produced such testimony, or his | ||||||
| 26 | or her counsel, and (C) answers to interrogatories shall be | ||||||
| |||||||
| |||||||
| 1 | available for examination by the person who swore to their | ||||||
| 2 | accuracy. | ||||||
| 3 | Except as otherwise provided in this Section, no | ||||||
| 4 | documentary material, transcripts of oral testimony, or | ||||||
| 5 | answers to interrogatories, or copies thereof, in the | ||||||
| 6 | possession of the Attorney General shall be available for | ||||||
| 7 | examination by any individual other than an authorized | ||||||
| 8 | employee of the Attorney General or other law enforcement | ||||||
| 9 | officials, federal, State, or local, without the consent of | ||||||
| 10 | the person who produced such material, transcripts, or | ||||||
| 11 | interrogatory answers. Such documentary material, transcripts | ||||||
| 12 | of oral testimony, or answers to interrogatories, or copies | ||||||
| 13 | thereof, may be used by the Attorney General in any | ||||||
| 14 | administrative or judicial action or proceeding. | ||||||
| 15 | For purposes of this Section, all documentary materials, | ||||||
| 16 | transcripts of oral testimony, answers to interrogatories | ||||||
| 17 | obtained by the Attorney General from other law enforcement | ||||||
| 18 | officials, information voluntarily produced to the Attorney | ||||||
| 19 | General for purposes of any investigation conducted under | ||||||
| 20 | subsection (1), or information provided to the Attorney | ||||||
| 21 | General pursuant to the notice requirement of Section 7.2a | ||||||
| 22 | shall be treated as if produced pursuant to a subpoena served | ||||||
| 23 | pursuant to this Section for purposes of maintaining the | ||||||
| 24 | confidentiality of such information. | ||||||
| 25 | The changes made by Public Act 103-526 this amendatory Act | ||||||
| 26 | of the 103rd General Assembly are inoperative on and after | ||||||
| |||||||
| |||||||
| 1 | January 1, 2027. | ||||||
| 2 | (3) No person shall, with intent to avoid, evade, prevent, | ||||||
| 3 | or obstruct compliance in whole or in part by any person with | ||||||
| 4 | any duly served subpoena of the Attorney General under this | ||||||
| 5 | Act, knowingly remove from any place, conceal, withhold, | ||||||
| 6 | destroy, mutilate, alter, or by any other means falsify any | ||||||
| 7 | documentary material that is the subject of such subpoena. A | ||||||
| 8 | violation of this subsection is a Class A misdemeanor. The | ||||||
| 9 | Attorney General, with such assistance as he may from time to | ||||||
| 10 | time require of the State's Attorneys in the several counties, | ||||||
| 11 | shall investigate suspected violations of this subsection and | ||||||
| 12 | shall commence and try all prosecutions under this subsection. | ||||||
| 13 | (Source: P.A. 103-526, eff. 1-1-24; revised 7-24-24.)
| ||||||
| 14 | Section 1130. The Mental Health and Developmental | ||||||
| 15 | Disabilities Confidentiality Act is amended by changing | ||||||
| 16 | Section 9.6 as follows:
| ||||||
| 17 | (740 ILCS 110/9.6) | ||||||
| 18 | Sec. 9.6. Participants of any HIE, as defined under | ||||||
| 19 | Section 2, shall allow each recipient whose record is | ||||||
| 20 | accessible through the health information exchange the | ||||||
| 21 | reasonable opportunity to expressly decline the further | ||||||
| 22 | disclosure of the record by the health information exchange to | ||||||
| 23 | third parties, except to the extent permitted by law such as | ||||||
| 24 | for purposes of public health reporting. The HIE participants | ||||||
| |||||||
| |||||||
| 1 | shall permit a recipient to revoke a prior decision to opt out | ||||||
| 2 | opt-out or a decision not to opt out opt-out. These rules, | ||||||
| 3 | standards, or contractual obligations shall provide for | ||||||
| 4 | written notice of a recipient's right to opt out opt-out which | ||||||
| 5 | directs the recipient to a health information exchange website | ||||||
| 6 | containing (i) an explanation of the purposes of the health | ||||||
| 7 | information exchange; and (ii) audio, visual, and written | ||||||
| 8 | instructions on how to opt out opt-out of participation in | ||||||
| 9 | whole or in part to the extent possible. The process for | ||||||
| 10 | effectuating an opt-out shall be reviewed by the HIE | ||||||
| 11 | participants annually and updated as the technical options | ||||||
| 12 | develop. The recipient shall be provided meaningful disclosure | ||||||
| 13 | regarding the health information exchange, and the recipient's | ||||||
| 14 | decision whether to opt out opt-out should be obtained without | ||||||
| 15 | undue inducement or any element of force, fraud, deceit, | ||||||
| 16 | duress, or other form of constraint or coercion. To the extent | ||||||
| 17 | that HIPAA, as specified in 45 CFR 164.508(b)(4), prohibits a | ||||||
| 18 | covered entity from conditioning the provision of its services | ||||||
| 19 | upon an individual's provision of an authorization, an HIE | ||||||
| 20 | participant shall not condition the provision of its services | ||||||
| 21 | upon a recipient's decision to opt out opt-out of further | ||||||
| 22 | disclosure of the record by an HIE to third parties. The HIE | ||||||
| 23 | participants shall also give annual consideration to enable a | ||||||
| 24 | recipient to expressly decline the further disclosure by an | ||||||
| 25 | HIE to third parties of selected portions of the recipient's | ||||||
| 26 | record while permitting disclosure of the recipient's | ||||||
| |||||||
| |||||||
| 1 | remaining patient health information. In giving effect to | ||||||
| 2 | recipient disclosure preferences, the HIE participants may | ||||||
| 3 | consider the extent to which relevant health information | ||||||
| 4 | technologies reasonably available to therapists and HIEs in | ||||||
| 5 | this State reasonably enable the effective segmentation of | ||||||
| 6 | specific information within a recipient's electronic medical | ||||||
| 7 | record and reasonably enable the effective exclusion of | ||||||
| 8 | specific information from disclosure by an HIE to third | ||||||
| 9 | parties, as well as the availability of sufficient | ||||||
| 10 | authoritative clinical guidance to enable the practical | ||||||
| 11 | application of such technologies to effect recipient | ||||||
| 12 | disclosure preferences. The provisions of this Section 9.6 | ||||||
| 13 | shall not apply to the secure electronic transmission of data | ||||||
| 14 | which is point-to-point communication directed by the data | ||||||
| 15 | custodian. | ||||||
| 16 | (Source: P.A. 103-508, eff. 8-4-23; revised 7-24-24.)
| ||||||
| 17 | Section 1135. The Whistleblower Act is amended by changing | ||||||
| 18 | Section 15 as follows:
| ||||||
| 19 | (740 ILCS 174/15) | ||||||
| 20 | Sec. 15. Retaliation for certain disclosures prohibited. | ||||||
| 21 | (a) An employer may not take retaliatory action against an | ||||||
| 22 | employee who discloses or threatens to disclose to a public | ||||||
| 23 | body conducting an investigation, or in a court, an | ||||||
| 24 | administrative hearing, or any other proceeding initiated by a | ||||||
| |||||||
| |||||||
| 1 | public body, information related to an activity, policy, or | ||||||
| 2 | practice of the employer, where the employee has a good faith | ||||||
| 3 | belief that the activity, policy, or practice (i) violates a | ||||||
| 4 | State or federal law, rule, or regulation or (ii) poses a | ||||||
| 5 | substantial and specific danger to employees, public health, | ||||||
| 6 | or safety. | ||||||
| 7 | (b) An employer may not take retaliatory action against an | ||||||
| 8 | employee for disclosing or threatening to disclose information | ||||||
| 9 | to a government or law enforcement agency information related | ||||||
| 10 | to an activity, policy, or practice of the employer, where the | ||||||
| 11 | employee has a good faith belief that the activity, policy, or | ||||||
| 12 | practice of the employer (i) violates a State or federal law, | ||||||
| 13 | rule, or regulation or (ii) poses a substantial and specific | ||||||
| 14 | danger to employees, public health, or safety. | ||||||
| 15 | (c) An employer may not take retaliatory action against an | ||||||
| 16 | employee for disclosing or threatening to disclose to any | ||||||
| 17 | supervisor, principal officer, board member, or supervisor in | ||||||
| 18 | an organization that has a contractual relationship with the | ||||||
| 19 | employer who makes the employer aware of the disclosure, | ||||||
| 20 | information related to an activity, policy, or practice of the | ||||||
| 21 | employer if the employee has a good faith belief that the | ||||||
| 22 | activity, policy, or practice (i) violates a State or federal | ||||||
| 23 | law, rule, or regulation or (ii) poses a substantial and | ||||||
| 24 | specific danger to employees, public health, or safety. | ||||||
| 25 | (Source: P.A. 103-867, eff. 1-1-25; revised 10-21-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1140. The Adoption Act is amended by changing | ||||||
| 2 | Sections 1 and 2 as follows:
| ||||||
| 3 | (750 ILCS 50/1) | ||||||
| 4 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
| 5 | context otherwise requires: | ||||||
| 6 | A. (1) "Child" means a person under legal age subject to | ||||||
| 7 | adoption under this Act. | ||||||
| 8 | A-5. (2) "Adult", when referring to a person who is the | ||||||
| 9 | subject of a petition for adoption under Section 3 of this Act, | ||||||
| 10 | means a person who is 18 years old or older. | ||||||
| 11 | B. "Related child" means a child subject to adoption where | ||||||
| 12 | either or both of the adopting parents stands in any of the | ||||||
| 13 | following relationships to the child by blood, marriage, | ||||||
| 14 | adoption, or civil union: parent, grand-parent, | ||||||
| 15 | great-grandparent, brother, sister, step-parent, | ||||||
| 16 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
| 17 | great-uncle, great-aunt, first cousin, or second cousin. A | ||||||
| 18 | person is related to the child as a first cousin or second | ||||||
| 19 | cousin if they are both related to the same ancestor as either | ||||||
| 20 | grandchild or great-grandchild. A child whose parent has | ||||||
| 21 | executed a consent to adoption, a surrender, or a waiver | ||||||
| 22 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
| 23 | denial of paternity pursuant to Section 12 of the Vital | ||||||
| 24 | Records Act or Section 12a of this Act, or whose parent has had | ||||||
| 25 | his or her parental rights terminated, is not a related child | ||||||
| |||||||
| |||||||
| 1 | to that person, unless (1) the consent is determined to be void | ||||||
| 2 | or is void pursuant to subsection O of Section 10 of this Act; | ||||||
| 3 | or (2) the parent of the child executed a consent to adoption | ||||||
| 4 | by a specified person or persons pursuant to subsection A-1 of | ||||||
| 5 | Section 10 of this Act and a court of competent jurisdiction | ||||||
| 6 | finds that such consent is void; or (3) the order terminating | ||||||
| 7 | the parental rights of the parent is vacated by a court of | ||||||
| 8 | competent jurisdiction. | ||||||
| 9 | C. "Agency" for the purpose of this Act means a public | ||||||
| 10 | child welfare agency or a licensed child welfare agency. | ||||||
| 11 | D. "Unfit person" means any person whom the court shall | ||||||
| 12 | find to be unfit to have a child, without regard to the | ||||||
| 13 | likelihood that the child will be placed for adoption. The | ||||||
| 14 | grounds of unfitness are any one or more of the following, | ||||||
| 15 | except that a person shall not be considered an unfit person | ||||||
| 16 | for the sole reason that the person has relinquished a child in | ||||||
| 17 | accordance with the Abandoned Newborn Infant Protection Act: | ||||||
| 18 | (a) Abandonment of the child. | ||||||
| 19 | (a-1) Abandonment of a newborn infant in a hospital. | ||||||
| 20 | (a-2) Abandonment of a newborn infant in any setting | ||||||
| 21 | where the evidence suggests that the parent intended to | ||||||
| 22 | relinquish his or her parental rights. | ||||||
| 23 | (b) Failure to maintain a reasonable degree of | ||||||
| 24 | interest, concern, or responsibility as to the child's | ||||||
| 25 | welfare. | ||||||
| 26 | (c) Desertion of the child for more than 3 months next | ||||||
| |||||||
| |||||||
| 1 | preceding the commencement of the Adoption proceeding. | ||||||
| 2 | (d) Substantial neglect of the child if continuous or | ||||||
| 3 | repeated. | ||||||
| 4 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
| 5 | of any child residing in the household which resulted in | ||||||
| 6 | the death of that child. | ||||||
| 7 | (e) Extreme or repeated cruelty to the child. | ||||||
| 8 | (f) There is a rebuttable presumption, which can be | ||||||
| 9 | overcome only by clear and convincing evidence, that a | ||||||
| 10 | parent is unfit if: | ||||||
| 11 | (1) Two or more findings of physical abuse have | ||||||
| 12 | been entered regarding any children under Section 2-21 | ||||||
| 13 | of the Juvenile Court Act of 1987, the most recent of | ||||||
| 14 | which was determined by the juvenile court hearing the | ||||||
| 15 | matter to be supported by clear and convincing | ||||||
| 16 | evidence; or | ||||||
| 17 | (2) The parent has been convicted or found not | ||||||
| 18 | guilty by reason of insanity and the conviction or | ||||||
| 19 | finding resulted from the death of any child by | ||||||
| 20 | physical abuse; or | ||||||
| 21 | (3) There is a finding of physical child abuse | ||||||
| 22 | resulting from the death of any child under Section | ||||||
| 23 | 2-21 of the Juvenile Court Act of 1987. | ||||||
| 24 | No conviction or finding of delinquency pursuant to | ||||||
| 25 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
| 26 | considered a criminal conviction for the purpose of | ||||||
| |||||||
| |||||||
| 1 | applying any presumption under this paragraph item (f). | ||||||
| 2 | (g) Failure to protect the child from conditions | ||||||
| 3 | within his environment injurious to the child's welfare. | ||||||
| 4 | (h) Other neglect of, or misconduct toward the child; | ||||||
| 5 | provided that in making a finding of unfitness the court | ||||||
| 6 | hearing the adoption proceeding shall not be bound by any | ||||||
| 7 | previous finding, order or judgment affecting or | ||||||
| 8 | determining the rights of the parents toward the child | ||||||
| 9 | sought to be adopted in any other proceeding except such | ||||||
| 10 | proceedings terminating parental rights as shall be had | ||||||
| 11 | under either this Act, the Juvenile Court Act, or the | ||||||
| 12 | Juvenile Court Act of 1987. | ||||||
| 13 | (i) Depravity. Conviction of any one of the following | ||||||
| 14 | crimes shall create a presumption that a parent is | ||||||
| 15 | depraved which can be overcome only by clear and | ||||||
| 16 | convincing evidence: (1) first degree murder in violation | ||||||
| 17 | of paragraph (1) or (2) of subsection (a) of Section 9-1 of | ||||||
| 18 | the Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
| 19 | conviction of second degree murder in violation of | ||||||
| 20 | subsection (a) of Section 9-2 of the Criminal Code of 1961 | ||||||
| 21 | or the Criminal Code of 2012 of a parent of the child to be | ||||||
| 22 | adopted; (2) first degree murder or second degree murder | ||||||
| 23 | of any child in violation of the Criminal Code of 1961 or | ||||||
| 24 | the Criminal Code of 2012; (3) attempt or conspiracy to | ||||||
| 25 | commit first degree murder or second degree murder of any | ||||||
| 26 | child in violation of the Criminal Code of 1961 or the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 2012; (4) solicitation to commit murder | ||||||
| 2 | of any child, solicitation to commit murder of any child | ||||||
| 3 | for hire, or solicitation to commit second degree murder | ||||||
| 4 | of any child in violation of the Criminal Code of 1961 or | ||||||
| 5 | the Criminal Code of 2012; (5) predatory criminal sexual | ||||||
| 6 | assault of a child in violation of Section 11-1.40 or | ||||||
| 7 | 12-14.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 8 | of 2012; (6) heinous battery of any child in violation of | ||||||
| 9 | the Criminal Code of 1961; (7) aggravated battery of any | ||||||
| 10 | child in violation of the Criminal Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012; (8) any violation of Section | ||||||
| 12 | 11-1.20 or Section 12-13 of the Criminal Code of 1961 or | ||||||
| 13 | the Criminal Code of 2012; (9) any violation of subsection | ||||||
| 14 | (a) of Section 11-1.50 or Section 12-16 of the Criminal | ||||||
| 15 | Code of 1961 or the Criminal Code of 2012; (10) any | ||||||
| 16 | violation of Section 11-9.1 of the Criminal Code of 1961 | ||||||
| 17 | or the Criminal Code of 2012; (11) any violation of | ||||||
| 18 | Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012; or (12) an offense in any other | ||||||
| 20 | state the elements of which are similar and bear a | ||||||
| 21 | substantial relationship to any of the enumerated offenses | ||||||
| 22 | in this paragraph subsection (i). | ||||||
| 23 | There is a rebuttable presumption that a parent is | ||||||
| 24 | depraved if the parent has been criminally convicted of at | ||||||
| 25 | least 3 felonies under the laws of this State or any other | ||||||
| 26 | state, or under federal law, or the criminal laws of any | ||||||
| |||||||
| |||||||
| 1 | United States territory; and at least one of these | ||||||
| 2 | convictions took place within 5 years of the filing of the | ||||||
| 3 | petition or motion seeking termination of parental rights. | ||||||
| 4 | There is a rebuttable presumption that a parent is | ||||||
| 5 | depraved if that parent has been criminally convicted of | ||||||
| 6 | either first or second degree murder of any person as | ||||||
| 7 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
| 8 | of 2012 within 10 years of the filing date of the petition | ||||||
| 9 | or motion to terminate parental rights. | ||||||
| 10 | No conviction or finding of delinquency pursuant to | ||||||
| 11 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
| 12 | considered a criminal conviction for the purpose of | ||||||
| 13 | applying any presumption under this paragraph item (i). | ||||||
| 14 | (j) Open and notorious adultery or fornication. | ||||||
| 15 | (j-1) (Blank). | ||||||
| 16 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
| 17 | than those prescribed by a physician, for at least one | ||||||
| 18 | year immediately prior to the commencement of the | ||||||
| 19 | unfitness proceeding. | ||||||
| 20 | (l) Failure to demonstrate a reasonable degree of | ||||||
| 21 | interest, concern, or responsibility as to the welfare of | ||||||
| 22 | a new born child during the first 30 days after its birth. | ||||||
| 23 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
| 24 | to correct the conditions that were the basis for the | ||||||
| 25 | removal of the child from the parent during any 9-month | ||||||
| 26 | period following the adjudication of neglected or abused | ||||||
| |||||||
| |||||||
| 1 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
| 2 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
| 3 | to make reasonable progress toward the return of the child | ||||||
| 4 | to the parent during any 9-month period following the | ||||||
| 5 | adjudication of neglected or abused minor under Section | ||||||
| 6 | 2-3 of the Juvenile Court Act of 1987 or dependent minor | ||||||
| 7 | under Section 2-4 of that Act. If a service plan has been | ||||||
| 8 | established as required under Section 8.2 of the Abused | ||||||
| 9 | and Neglected Child Reporting Act to correct the | ||||||
| 10 | conditions that were the basis for the removal of the | ||||||
| 11 | child from the parent and if those services were | ||||||
| 12 | available, then, for purposes of this Act, "failure to | ||||||
| 13 | make reasonable progress toward the return of the child to | ||||||
| 14 | the parent" includes the parent's failure to substantially | ||||||
| 15 | fulfill his or her obligations under the service plan and | ||||||
| 16 | correct the conditions that brought the child into care | ||||||
| 17 | during any 9-month period following the adjudication under | ||||||
| 18 | Section 2-3 or 2-4 of the Juvenile Court Act of 1987. | ||||||
| 19 | Notwithstanding any other provision, when a petition or | ||||||
| 20 | motion seeks to terminate parental rights on the basis of | ||||||
| 21 | subparagraph item (ii) of this paragraph subsection (m), | ||||||
| 22 | the petitioner shall file with the court and serve on the | ||||||
| 23 | parties a pleading that specifies the 9-month period or | ||||||
| 24 | periods relied on. The pleading shall be filed and served | ||||||
| 25 | on the parties no later than 3 weeks before the date set by | ||||||
| 26 | the court for closure of discovery, and the allegations in | ||||||
| |||||||
| |||||||
| 1 | the pleading shall be treated as incorporated into the | ||||||
| 2 | petition or motion. Failure of a respondent to file a | ||||||
| 3 | written denial of the allegations in the pleading shall | ||||||
| 4 | not be treated as an admission that the allegations are | ||||||
| 5 | true. | ||||||
| 6 | (m-1) (Blank). | ||||||
| 7 | (n) Evidence of intent to forgo his or her parental | ||||||
| 8 | rights, whether or not the child is a ward of the court, | ||||||
| 9 | (1) as manifested by his or her failure for a period of 12 | ||||||
| 10 | months: (i) to visit the child, (ii) to communicate with | ||||||
| 11 | the child or agency, although able to do so and not | ||||||
| 12 | prevented from doing so by an agency or by court order, or | ||||||
| 13 | (iii) to maintain contact with or plan for the future of | ||||||
| 14 | the child, although physically able to do so, or (2) as | ||||||
| 15 | manifested by the father's failure, where he and the | ||||||
| 16 | mother of the child were unmarried to each other at the | ||||||
| 17 | time of the child's birth, (i) to commence legal | ||||||
| 18 | proceedings to establish his paternity under the Illinois | ||||||
| 19 | Parentage Act of 1984, the Illinois Parentage Act of 2015, | ||||||
| 20 | or the law of the jurisdiction of the child's birth within | ||||||
| 21 | 30 days of being informed, pursuant to Section 12a of this | ||||||
| 22 | Act, that he is the father or the likely father of the | ||||||
| 23 | child or, after being so informed where the child is not | ||||||
| 24 | yet born, within 30 days of the child's birth, or (ii) to | ||||||
| 25 | make a good faith effort to pay a reasonable amount of the | ||||||
| 26 | expenses related to the birth of the child and to provide a | ||||||
| |||||||
| |||||||
| 1 | reasonable amount for the financial support of the child, | ||||||
| 2 | the court to consider in its determination all relevant | ||||||
| 3 | circumstances, including the financial condition of both | ||||||
| 4 | parents; provided that the ground for termination provided | ||||||
| 5 | in this item (ii) of subparagraph (2) of this paragraph | ||||||
| 6 | (n) subparagraph (n)(2)(ii) shall only be available where | ||||||
| 7 | the petition is brought by the mother or the husband of the | ||||||
| 8 | mother. | ||||||
| 9 | Contact or communication by a parent with his or her | ||||||
| 10 | child that does not demonstrate affection and concern does | ||||||
| 11 | not constitute reasonable contact and planning under this | ||||||
| 12 | paragraph subdivision (n). In the absence of evidence to | ||||||
| 13 | the contrary, the ability to visit, communicate, maintain | ||||||
| 14 | contact, pay expenses, and plan for the future shall be | ||||||
| 15 | presumed. The subjective intent of the parent, whether | ||||||
| 16 | expressed or otherwise, unsupported by evidence of the | ||||||
| 17 | foregoing parental acts manifesting that intent, shall not | ||||||
| 18 | preclude a determination that the parent has intended to | ||||||
| 19 | forgo his or her parental rights. In making this | ||||||
| 20 | determination, the court may consider but shall not | ||||||
| 21 | require a showing of diligent efforts by an authorized | ||||||
| 22 | agency to encourage the parent to perform the acts | ||||||
| 23 | specified in this paragraph subdivision (n). | ||||||
| 24 | It shall be an affirmative defense to any allegation | ||||||
| 25 | under subparagraph paragraph (2) of this paragraph (n) | ||||||
| 26 | subsection that the father's failure was due to | ||||||
| |||||||
| |||||||
| 1 | circumstances beyond his control or to impediments created | ||||||
| 2 | by the mother or any other person having legal custody. | ||||||
| 3 | Proof of that fact need only be by a preponderance of the | ||||||
| 4 | evidence. | ||||||
| 5 | (o) Repeated or continuous failure by the parents, | ||||||
| 6 | although physically and financially able, to provide the | ||||||
| 7 | child with adequate food, clothing, or shelter. | ||||||
| 8 | (p) Inability to discharge parental responsibilities | ||||||
| 9 | supported by competent evidence from a psychiatrist, | ||||||
| 10 | licensed clinical social worker, or clinical psychologist | ||||||
| 11 | of mental impairment, mental illness, or an intellectual | ||||||
| 12 | disability as defined in Section 1-116 of the Mental | ||||||
| 13 | Health and Developmental Disabilities Code, or | ||||||
| 14 | developmental disability as defined in Section 1-106 of | ||||||
| 15 | that Code, and there is sufficient justification to | ||||||
| 16 | believe that the inability to discharge parental | ||||||
| 17 | responsibilities shall extend beyond a reasonable time | ||||||
| 18 | period. However, this paragraph subdivision (p) shall not | ||||||
| 19 | be construed so as to permit a licensed clinical social | ||||||
| 20 | worker to conduct any medical diagnosis to determine | ||||||
| 21 | mental illness or mental impairment. | ||||||
| 22 | (q) (Blank). | ||||||
| 23 | (r) The child is in the temporary custody or | ||||||
| 24 | guardianship of the Department of Children and Family | ||||||
| 25 | Services, the parent is incarcerated as a result of | ||||||
| 26 | criminal conviction at the time the petition or motion for | ||||||
| |||||||
| |||||||
| 1 | termination of parental rights is filed, prior to | ||||||
| 2 | incarceration the parent had little or no contact with the | ||||||
| 3 | child or provided little or no support for the child, and | ||||||
| 4 | the parent's incarceration will prevent the parent from | ||||||
| 5 | discharging his or her parental responsibilities for the | ||||||
| 6 | child for a period in excess of 2 years after the filing of | ||||||
| 7 | the petition or motion for termination of parental rights. | ||||||
| 8 | (s) The child is in the temporary custody or | ||||||
| 9 | guardianship of the Department of Children and Family | ||||||
| 10 | Services, the parent is incarcerated at the time the | ||||||
| 11 | petition or motion for termination of parental rights is | ||||||
| 12 | filed, the parent has been repeatedly incarcerated as a | ||||||
| 13 | result of criminal convictions, and the parent's repeated | ||||||
| 14 | incarceration has prevented the parent from discharging | ||||||
| 15 | his or her parental responsibilities for the child. | ||||||
| 16 | (t) (Blank). | ||||||
| 17 | E. "Parent" means a person who is the legal mother or legal | ||||||
| 18 | father of the child as defined in subsection X or Y of this | ||||||
| 19 | Section. For the purpose of this Act, a parent who has executed | ||||||
| 20 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
| 21 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
| 22 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
| 23 | of this Act, or whose parental rights have been terminated by a | ||||||
| 24 | court, is not a parent of the child who was the subject of the | ||||||
| 25 | consent, surrender, waiver, or denial unless (1) the consent | ||||||
| 26 | is void pursuant to subsection O of Section 10 of this Act; or | ||||||
| |||||||
| |||||||
| 1 | (2) the person executed a consent to adoption by a specified | ||||||
| 2 | person or persons pursuant to subsection A-1 of Section 10 of | ||||||
| 3 | this Act and a court of competent jurisdiction finds that the | ||||||
| 4 | consent is void; or (3) the order terminating the parental | ||||||
| 5 | rights of the person is vacated by a court of competent | ||||||
| 6 | jurisdiction. | ||||||
| 7 | F. A person is available for adoption when the person is: | ||||||
| 8 | (a) a child who has been surrendered for adoption to | ||||||
| 9 | an agency and to whose adoption the agency has thereafter | ||||||
| 10 | consented; | ||||||
| 11 | (b) a child to whose adoption a person authorized by | ||||||
| 12 | law, other than his parents, has consented, or to whose | ||||||
| 13 | adoption no consent is required pursuant to Section 8 of | ||||||
| 14 | this Act; | ||||||
| 15 | (c) a child who is in the custody of persons who intend | ||||||
| 16 | to adopt him through placement made by his parents; | ||||||
| 17 | (c-1) a child for whom a parent has signed a specific | ||||||
| 18 | consent pursuant to subsection O of Section 10; | ||||||
| 19 | (d) an adult who meets the conditions set forth in | ||||||
| 20 | Section 3 of this Act; or | ||||||
| 21 | (e) a child who has been relinquished as defined in | ||||||
| 22 | Section 10 of the Abandoned Newborn Infant Protection Act. | ||||||
| 23 | A person who would otherwise be available for adoption | ||||||
| 24 | shall not be deemed unavailable for adoption solely by reason | ||||||
| 25 | of his or her death. | ||||||
| 26 | G. The singular includes the plural and the plural | ||||||
| |||||||
| |||||||
| 1 | includes the singular and the "male" includes the "female", as | ||||||
| 2 | the context of this Act may require. | ||||||
| 3 | H. (Blank). | ||||||
| 4 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
| 5 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
| 6 | promulgated thereunder. | ||||||
| 7 | J. "Immediate relatives" means the biological parents, the | ||||||
| 8 | parents of the biological parents, and the siblings of the | ||||||
| 9 | biological parents. | ||||||
| 10 | K. "Intercountry adoption" is a process by which a child | ||||||
| 11 | from a country other than the United States is adopted by | ||||||
| 12 | persons who are habitual residents of the United States, or | ||||||
| 13 | the child is a habitual resident of the United States who is | ||||||
| 14 | adopted by persons who are habitual residents of a country | ||||||
| 15 | other than the United States. | ||||||
| 16 | L. (Blank). | ||||||
| 17 | M. "Interstate Compact on the Placement of Children" is a | ||||||
| 18 | law enacted by all states and certain territories for the | ||||||
| 19 | purpose of establishing uniform procedures for handling the | ||||||
| 20 | interstate placement of children in foster homes, adoptive | ||||||
| 21 | homes, or other child care facilities. | ||||||
| 22 | N. (Blank). | ||||||
| 23 | O. "Preadoption requirements" means any conditions or | ||||||
| 24 | standards established by the laws or administrative rules of | ||||||
| 25 | this State that must be met by a prospective adoptive parent | ||||||
| 26 | prior to the placement of a child in an adoptive home. | ||||||
| |||||||
| |||||||
| 1 | P. "Abused child" means a child whose parent or immediate | ||||||
| 2 | family member, or any person responsible for the child's | ||||||
| 3 | welfare, or any individual residing in the same home as the | ||||||
| 4 | child, or a paramour of the child's parent: | ||||||
| 5 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
| 6 | inflicted upon the child physical injury, by other than | ||||||
| 7 | accidental means, that causes death, disfigurement, | ||||||
| 8 | impairment of physical or emotional health, or loss or | ||||||
| 9 | impairment of any bodily function; | ||||||
| 10 | (b) creates a substantial risk of physical injury to | ||||||
| 11 | the child by other than accidental means which would be | ||||||
| 12 | likely to cause death, disfigurement, impairment of | ||||||
| 13 | physical or emotional health, or loss or impairment of any | ||||||
| 14 | bodily function; | ||||||
| 15 | (c) commits or allows to be committed any sex offense | ||||||
| 16 | against the child, as sex offenses are defined in the | ||||||
| 17 | Criminal Code of 2012 and extending those definitions of | ||||||
| 18 | sex offenses to include children under 18 years of age; | ||||||
| 19 | (d) commits or allows to be committed an act or acts of | ||||||
| 20 | torture upon the child; or | ||||||
| 21 | (e) inflicts excessive corporal punishment. | ||||||
| 22 | Q. "Neglected child" means any child whose parent or other | ||||||
| 23 | person responsible for the child's welfare withholds or denies | ||||||
| 24 | nourishment or medically indicated treatment including food or | ||||||
| 25 | care denied solely on the basis of the present or anticipated | ||||||
| 26 | mental or physical impairment as determined by a physician | ||||||
| |||||||
| |||||||
| 1 | acting alone or in consultation with other physicians or | ||||||
| 2 | otherwise does not provide the proper or necessary support, | ||||||
| 3 | education as required by law, or medical or other remedial | ||||||
| 4 | care recognized under State law as necessary for a child's | ||||||
| 5 | well-being, or other care necessary for his or her well-being, | ||||||
| 6 | including adequate food, clothing, and shelter; or who is | ||||||
| 7 | abandoned by his or her parents or other person responsible | ||||||
| 8 | for the child's welfare. | ||||||
| 9 | A child shall not be considered neglected or abused for | ||||||
| 10 | the sole reason that the child's parent or other person | ||||||
| 11 | responsible for his or her welfare depends upon spiritual | ||||||
| 12 | means through prayer alone for the treatment or cure of | ||||||
| 13 | disease or remedial care as provided under Section 4 of the | ||||||
| 14 | Abused and Neglected Child Reporting Act. A child shall not be | ||||||
| 15 | considered neglected or abused for the sole reason that the | ||||||
| 16 | child's parent or other person responsible for the child's | ||||||
| 17 | welfare failed to vaccinate, delayed vaccination, or refused | ||||||
| 18 | vaccination for the child due to a waiver on religious or | ||||||
| 19 | medical grounds as permitted by law. | ||||||
| 20 | R. "Putative father" means a man who may be a child's | ||||||
| 21 | father, but who (1) is not married to the child's mother on or | ||||||
| 22 | before the date that the child was or is to be born and (2) has | ||||||
| 23 | not established paternity of the child in a court proceeding | ||||||
| 24 | before the filing of a petition for the adoption of the child. | ||||||
| 25 | The term includes a male who is less than 18 years of age. | ||||||
| 26 | "Putative father" does not mean a man who is the child's father | ||||||
| |||||||
| |||||||
| 1 | as a result of criminal sexual abuse or assault as defined | ||||||
| 2 | under Article 11 of the Criminal Code of 2012. | ||||||
| 3 | S. "Standby adoption" means an adoption in which a parent | ||||||
| 4 | consents to custody and termination of parental rights to | ||||||
| 5 | become effective upon the occurrence of a future event, which | ||||||
| 6 | is either the death of the parent or the request of the parent | ||||||
| 7 | for the entry of a final judgment of adoption. | ||||||
| 8 | T. (Blank). | ||||||
| 9 | T-5. "Biological parent", "birth parent", or "natural | ||||||
| 10 | parent" of a child are interchangeable terms that mean a | ||||||
| 11 | person who is biologically or genetically related to that | ||||||
| 12 | child as a parent. | ||||||
| 13 | U. "Interstate adoption" means the placement of a minor | ||||||
| 14 | child with a prospective adoptive parent for the purpose of | ||||||
| 15 | pursuing an adoption for that child that is subject to the | ||||||
| 16 | provisions of the Interstate Compact on the Placement of | ||||||
| 17 | Children. | ||||||
| 18 | V. (Blank). | ||||||
| 19 | W. (Blank). | ||||||
| 20 | X. "Legal father" of a child means a man who is recognized | ||||||
| 21 | as or presumed to be that child's father: | ||||||
| 22 | (1) because of his marriage to or civil union with the | ||||||
| 23 | child's parent at the time of the child's birth or within | ||||||
| 24 | 300 days prior to that child's birth, unless he signed a | ||||||
| 25 | denial of paternity pursuant to Section 12 of the Vital | ||||||
| 26 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
| |||||||
| |||||||
| 1 | or | ||||||
| 2 | (2) because his paternity of the child has been | ||||||
| 3 | established pursuant to the Illinois Parentage Act, the | ||||||
| 4 | Illinois Parentage Act of 1984, or the Gestational | ||||||
| 5 | Surrogacy Act; or | ||||||
| 6 | (3) because he is listed as the child's father or | ||||||
| 7 | parent on the child's birth certificate, unless he is | ||||||
| 8 | otherwise determined by an administrative or judicial | ||||||
| 9 | proceeding not to be the parent of the child or unless he | ||||||
| 10 | rescinds his acknowledgment of paternity pursuant to the | ||||||
| 11 | Illinois Parentage Act of 1984; or | ||||||
| 12 | (4) because his paternity or adoption of the child has | ||||||
| 13 | been established by a court of competent jurisdiction. | ||||||
| 14 | The definition in this subsection X shall not be construed | ||||||
| 15 | to provide greater or lesser rights as to the number of parents | ||||||
| 16 | who can be named on a final judgment order of adoption or | ||||||
| 17 | Illinois birth certificate that otherwise exist under Illinois | ||||||
| 18 | law. | ||||||
| 19 | Y. "Legal mother" of a child means a woman who is | ||||||
| 20 | recognized as or presumed to be that child's mother: | ||||||
| 21 | (1) because she gave birth to the child except as | ||||||
| 22 | provided in the Gestational Surrogacy Act; or | ||||||
| 23 | (2) because her maternity of the child has been | ||||||
| 24 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
| 25 | or the Gestational Surrogacy Act; or | ||||||
| 26 | (3) because her maternity or adoption of the child has | ||||||
| |||||||
| |||||||
| 1 | been established by a court of competent jurisdiction; or | ||||||
| 2 | (4) because of her marriage to or civil union with the | ||||||
| 3 | child's other parent at the time of the child's birth or | ||||||
| 4 | within 300 days prior to the time of birth; or | ||||||
| 5 | (5) because she is listed as the child's mother or | ||||||
| 6 | parent on the child's birth certificate unless she is | ||||||
| 7 | otherwise determined by an administrative or judicial | ||||||
| 8 | proceeding not to be the parent of the child. | ||||||
| 9 | The definition in this subsection Y shall not be construed | ||||||
| 10 | to provide greater or lesser rights as to the number of parents | ||||||
| 11 | who can be named on a final judgment order of adoption or | ||||||
| 12 | Illinois birth certificate that otherwise exist under Illinois | ||||||
| 13 | law. | ||||||
| 14 | Z. "Department" means the Illinois Department of Children | ||||||
| 15 | and Family Services. | ||||||
| 16 | AA. "Placement disruption" means a circumstance where the | ||||||
| 17 | child is removed from an adoptive placement before the | ||||||
| 18 | adoption is finalized. | ||||||
| 19 | BB. "Secondary placement" means a placement, including, | ||||||
| 20 | but not limited to, the placement of a youth in care as defined | ||||||
| 21 | in Section 4d of the Children and Family Services Act, that | ||||||
| 22 | occurs after a placement disruption or an adoption | ||||||
| 23 | dissolution. "Secondary placement" does not mean secondary | ||||||
| 24 | placements arising due to the death of the adoptive parent of | ||||||
| 25 | the child. | ||||||
| 26 | CC. "Adoption dissolution" means a circumstance where the | ||||||
| |||||||
| |||||||
| 1 | child is removed from an adoptive placement after the adoption | ||||||
| 2 | is finalized. | ||||||
| 3 | DD. "Unregulated placement" means the secondary placement | ||||||
| 4 | of a child that occurs without the oversight of the courts, the | ||||||
| 5 | Department, or a licensed child welfare agency. | ||||||
| 6 | EE. "Post-placement and post-adoption support services" | ||||||
| 7 | means support services for placed or adopted children and | ||||||
| 8 | families that include, but are not limited to, mental health | ||||||
| 9 | treatment, including counseling and other support services for | ||||||
| 10 | emotional, behavioral, or developmental needs, and treatment | ||||||
| 11 | for substance abuse. | ||||||
| 12 | FF. "Youth in care" has the meaning provided in Section 4d | ||||||
| 13 | of the Children and Family Services Act. | ||||||
| 14 | The changes made by Public Act 103-941 this amendatory Act | ||||||
| 15 | of the 103rd General Assembly apply to a petition that is filed | ||||||
| 16 | on or after January 1, 2025. | ||||||
| 17 | (Source: P.A. 102-139, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
| 18 | 103-696, eff. 1-1-25; 103-941, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 19 | (750 ILCS 50/2) (from Ch. 40, par. 1502) | ||||||
| 20 | Sec. 2. Who may adopt a child. | ||||||
| 21 | A. Any of the following persons, who is under no legal | ||||||
| 22 | disability (except the minority specified in sub-paragraph | ||||||
| 23 | (b)) and who has resided in the State of Illinois continuously | ||||||
| 24 | for a period of at least 6 months immediately preceding the | ||||||
| 25 | commencement of an adoption proceeding, or any member of the | ||||||
| |||||||
| |||||||
| 1 | armed forces of the United States who has been domiciled in the | ||||||
| 2 | State of Illinois for 90 days, may institute such proceeding: | ||||||
| 3 | (a) A reputable person of legal age and of either sex, | ||||||
| 4 | provided that if such person is married or in a civil union | ||||||
| 5 | and has not been living separate and apart from his or her | ||||||
| 6 | spouse or civil union partner for 12 months or longer, his | ||||||
| 7 | or her spouse or civil union partner shall be a party to | ||||||
| 8 | the adoption proceeding, including a spouse or civil union | ||||||
| 9 | partner desiring to adopt a child of the other spouse or | ||||||
| 10 | civil union partner, in all of which cases the adoption | ||||||
| 11 | shall be by both spouses or civil union partners jointly; | ||||||
| 12 | (b) A minor, by leave of court upon good cause shown; . | ||||||
| 13 | (c) Notwithstanding sub-paragraph (a) of this | ||||||
| 14 | subsection, a spouse or civil union partner is not | ||||||
| 15 | required to join in a petition for adoption for the | ||||||
| 16 | adoption of an adult if a petitioner is a former | ||||||
| 17 | stepparent of that adult, or to re-adopt a child after an | ||||||
| 18 | intercountry adoption if the spouse or civil union partner | ||||||
| 19 | did not previously adopt the child as set forth in | ||||||
| 20 | subsections (c) and (e) of Section 4.1 of this Act. For | ||||||
| 21 | purposes of this Section, "former stepparent" means a | ||||||
| 22 | person who was married to, or in a civil union with, the | ||||||
| 23 | legal parent of the adult seeking to be adopted, and the | ||||||
| 24 | marriage or civil union has ended. | ||||||
| 25 | B. The residence requirement specified in paragraph A of | ||||||
| 26 | this Section shall not apply to: | ||||||
| |||||||
| |||||||
| 1 | (a) an adoption of a related child; | ||||||
| 2 | (a-1) an adoption of a child previously adopted in a | ||||||
| 3 | foreign country by the petitioner; | ||||||
| 4 | (b) an adoption of a child placed by an | ||||||
| 5 | Illinois-licensed child welfare agency performing adoption | ||||||
| 6 | services; | ||||||
| 7 | (c) an adoption of an adult by a former stepparent; or | ||||||
| 8 | (d) an adoption of a child born in this State who has | ||||||
| 9 | resided continuously in this State since birth, or a child | ||||||
| 10 | who has continuously resided in this State for at least 6 | ||||||
| 11 | months immediately preceding the commencement of the | ||||||
| 12 | adoption proceeding, if: | ||||||
| 13 | (1) an Illinois-licensed child welfare agency | ||||||
| 14 | performing adoption services has acknowledged a | ||||||
| 15 | consent or surrender of one or both of the biological | ||||||
| 16 | or legal parents of the child under this Act and the | ||||||
| 17 | Child Care Act of 1969; or | ||||||
| 18 | (2) an authorized person under Section 10 has | ||||||
| 19 | acknowledged a consent of one or both of the | ||||||
| 20 | biological or legal parents of the child and an | ||||||
| 21 | Illinois-licensed child welfare agency performing | ||||||
| 22 | adoption services has counseled the biological or | ||||||
| 23 | legal parent or parents of the child as to the birth | ||||||
| 24 | parent rights and responsibilities under the Child | ||||||
| 25 | Care Act of 1969 and the rules adopted thereunder. | ||||||
| 26 | C. Nothing in this Section overrides the requirements | ||||||
| |||||||
| |||||||
| 1 | contained in Public Act 94-586. | ||||||
| 2 | (Source: P.A. 102-139, eff. 1-1-22; revised 7-24-24.)
| ||||||
| 3 | Section 1145. The Probate Act of 1975 is amended by | ||||||
| 4 | changing Section 11a-15 as follows:
| ||||||
| 5 | (755 ILCS 5/11a-15) (from Ch. 110 1/2, par. 11a-15) | ||||||
| 6 | Sec. 11a-15. Successor guardian.) Upon the death, | ||||||
| 7 | incapacity, resignation, or removal of a guardian of the | ||||||
| 8 | estate or person of a living ward, the court shall appoint a | ||||||
| 9 | successor guardian or terminate the adjudication of | ||||||
| 10 | disability. The powers and duties of the successor guardian | ||||||
| 11 | shall be the same as those of the predecessor guardian unless | ||||||
| 12 | otherwise modified. | ||||||
| 13 | Notice of the time and place of the hearing on a petition | ||||||
| 14 | for the appointment of a successor guardian shall be given not | ||||||
| 15 | less than 3 days before the hearing for a successor to a | ||||||
| 16 | temporary guardian and not less than 14 days before the | ||||||
| 17 | hearing for a successor to a limited or plenary guardian. The | ||||||
| 18 | notice shall be by mail or in person to the alleged person with | ||||||
| 19 | a disability, to the proposed successor guardian, and to those | ||||||
| 20 | persons whose names and addresses are listed in the petition | ||||||
| 21 | for adjudication of disability and appointment of a guardian | ||||||
| 22 | under Section 11a-8. The court, upon a finding of good cause, | ||||||
| 23 | may waive the notice requirement under this Section. | ||||||
| 24 | (Source: P.A. 103-740, eff. 1-1-25; revised 11-26-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1150. The Real Property Transfer on Death | ||||||
| 2 | Instrument Act is amended by changing Section 90 as follows:
| ||||||
| 3 | (755 ILCS 27/90) | ||||||
| 4 | Sec. 90. Limitations and bona fide transfers. | ||||||
| 5 | (a) An action to set aside or contest the validity of a | ||||||
| 6 | transfer on death instrument shall be commenced within the | ||||||
| 7 | earlier of 2 years after the date of the owner's death or 6 | ||||||
| 8 | months from the date letters of office are issued pursuant to | ||||||
| 9 | the Probate Act of 1975. | ||||||
| 10 | (b) A bona fide purchaser or mortgagee for value shall | ||||||
| 11 | take the real property free and clear of any action, claim, | ||||||
| 12 | liability, or contest if the transfer to the bona fide | ||||||
| 13 | purchaser or mortgagee for value occurs prior to the recording | ||||||
| 14 | of a lis pendens under Section 2-1901 of the Code of Civil | ||||||
| 15 | Procedure or prior to the filing of the a notice of | ||||||
| 16 | renunciation pursuant to Section 66 of this Act. | ||||||
| 17 | (Source: P.A. 102-68, eff. 1-1-22; revised 7-24-24.)
| ||||||
| 18 | Section 1155. The Health Care Surrogate Act is amended by | ||||||
| 19 | changing Section 10 as follows:
| ||||||
| 20 | (755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10) | ||||||
| 21 | Sec. 10. Definitions. As used in this Act: | ||||||
| 22 | "Adult" means a person who is (i) 18 years of age or older | ||||||
| |||||||
| |||||||
| 1 | or (ii) an emancipated minor under the Emancipation of Minors | ||||||
| 2 | Act. | ||||||
| 3 | "Artificial nutrition and hydration" means supplying food | ||||||
| 4 | and water through a conduit, such as a tube or intravenous | ||||||
| 5 | line, where the recipient is not required to chew or swallow | ||||||
| 6 | voluntarily, including, but not limited to, nasogastric tubes, | ||||||
| 7 | gastrostomies, jejunostomies, and intravenous infusions. | ||||||
| 8 | "Artificial nutrition and hydration" does not include assisted | ||||||
| 9 | feeding, such as spoon or bottle feeding. | ||||||
| 10 | "Available" means that a person is not "unavailable". A | ||||||
| 11 | person is unavailable if (i) the person's existence is not | ||||||
| 12 | known, (ii) the person has not been able to be contacted by | ||||||
| 13 | telephone or mail, or (iii) the person lacks decisional | ||||||
| 14 | capacity, refuses to accept the office of surrogate, or is | ||||||
| 15 | unwilling to respond in a manner that indicates a choice among | ||||||
| 16 | the treatment matters at issue. | ||||||
| 17 | "Attending physician" means the physician selected by or | ||||||
| 18 | assigned to the patient who has primary responsibility for | ||||||
| 19 | treatment and care of the patient and who is a licensed | ||||||
| 20 | physician in Illinois or a physician licensed in the state | ||||||
| 21 | where the patient is being treated. If more than one physician | ||||||
| 22 | shares that responsibility, any of those physicians may act as | ||||||
| 23 | the attending physician under this Act. | ||||||
| 24 | "Close friend" means any person 18 years of age or older | ||||||
| 25 | who has exhibited special care and concern for the patient and | ||||||
| 26 | who presents an affidavit to the attending physician stating | ||||||
| |||||||
| |||||||
| 1 | that he or she (i) is a close friend of the patient, (ii) is | ||||||
| 2 | willing and able to become involved in the patient's health | ||||||
| 3 | care, and (iii) has maintained such regular contact with the | ||||||
| 4 | patient as to be familiar with the patient's activities, | ||||||
| 5 | health, and religious and moral beliefs. The affidavit must | ||||||
| 6 | also state facts and circumstances that demonstrate that | ||||||
| 7 | familiarity. | ||||||
| 8 | "Death" means when, according to accepted medical | ||||||
| 9 | standards, there is (i) an irreversible cessation of | ||||||
| 10 | circulatory and respiratory functions or (ii) an irreversible | ||||||
| 11 | cessation of all functions of the entire brain, including the | ||||||
| 12 | brain stem. | ||||||
| 13 | "Decisional capacity" means the ability to understand and | ||||||
| 14 | appreciate the nature and consequences of a decision regarding | ||||||
| 15 | medical treatment or forgoing life-sustaining treatment and | ||||||
| 16 | the ability to reach and communicate an informed decision in | ||||||
| 17 | the matter as determined by the attending physician. | ||||||
| 18 | "Forgo life-sustaining treatment" means to withhold, | ||||||
| 19 | withdraw, or terminate all or any portion of life-sustaining | ||||||
| 20 | treatment with knowledge that the patient's death is likely to | ||||||
| 21 | result. | ||||||
| 22 | "Guardian" means a court appointed guardian of the person | ||||||
| 23 | who serves as a representative of a minor or as a | ||||||
| 24 | representative of a person under legal disability. | ||||||
| 25 | "Health care facility" means a type of health care | ||||||
| 26 | provider commonly known by a wide variety of titles, | ||||||
| |||||||
| |||||||
| 1 | including, but not limited to, hospitals, medical centers, | ||||||
| 2 | nursing homes, rehabilitation centers, long term or tertiary | ||||||
| 3 | care facilities, and other facilities established to | ||||||
| 4 | administer health care and provide overnight stays in their | ||||||
| 5 | ordinary course of business or practice. | ||||||
| 6 | "Health care provider" means a person that is licensed, | ||||||
| 7 | certified, or otherwise authorized or permitted by the law of | ||||||
| 8 | this State or licensed in the state where the patient is being | ||||||
| 9 | treated to administer health care in the ordinary course of | ||||||
| 10 | business or practice of a profession, including, but not | ||||||
| 11 | limited to, physicians, nurses, health care facilities, and | ||||||
| 12 | any employee, officer, director, agent, or person under | ||||||
| 13 | contract with such a person. | ||||||
| 14 | "Imminent" (as in "death is imminent") means a | ||||||
| 15 | determination made by the attending physician according to | ||||||
| 16 | accepted medical standards that death will occur in a | ||||||
| 17 | relatively short period of time, even if life-sustaining | ||||||
| 18 | treatment is initiated or continued. | ||||||
| 19 | "Life-sustaining treatment" means any medical treatment, | ||||||
| 20 | procedure, or intervention that, in the judgment of the | ||||||
| 21 | attending physician, when applied to a patient with a | ||||||
| 22 | qualifying condition, would not be effective to remove the | ||||||
| 23 | qualifying condition or would serve only to prolong the dying | ||||||
| 24 | process. Those procedures can include, but are not limited to, | ||||||
| 25 | assisted ventilation, renal dialysis, surgical procedures, | ||||||
| 26 | blood transfusions, and the administration of drugs, | ||||||
| |||||||
| |||||||
| 1 | antibiotics, and artificial nutrition and hydration. | ||||||
| 2 | "Minor" means an individual who is not an adult as defined | ||||||
| 3 | in this Act. | ||||||
| 4 | "Parent" means a person who is the natural or adoptive | ||||||
| 5 | mother or father of the child and whose parental rights have | ||||||
| 6 | not been terminated by a court of law. | ||||||
| 7 | "Patient" means an adult or minor individual, unless | ||||||
| 8 | otherwise specified, under the care or treatment of a licensed | ||||||
| 9 | physician or other health care provider. | ||||||
| 10 | "Person" means an individual, a corporation, a business | ||||||
| 11 | trust, a trust, a partnership, an association, a government, a | ||||||
| 12 | governmental subdivision or agency, or any other legal entity. | ||||||
| 13 | "Qualifying condition" means the existence of one or more | ||||||
| 14 | of the following conditions in a patient certified in writing | ||||||
| 15 | in the patient's medical record by the attending physician and | ||||||
| 16 | by at least one other qualified health care practitioner: | ||||||
| 17 | (1) "Terminal condition" means an illness or injury | ||||||
| 18 | for which there is no reasonable prospect of cure or | ||||||
| 19 | recovery, death is imminent, and the application of | ||||||
| 20 | life-sustaining treatment would only prolong the dying | ||||||
| 21 | process. | ||||||
| 22 | (2) "Permanent unconsciousness" means a condition | ||||||
| 23 | that, to a high degree of medical certainty, (i) will last | ||||||
| 24 | permanently, without improvement, (ii) in which thought, | ||||||
| 25 | sensation, purposeful action, social interaction, and | ||||||
| 26 | awareness of self and environment are absent, and (iii) | ||||||
| |||||||
| |||||||
| 1 | for which initiating or continuing life-sustaining | ||||||
| 2 | treatment, in light of the patient's medical condition, | ||||||
| 3 | provides only minimal medical benefit. | ||||||
| 4 | (3) "Incurable or irreversible condition" means an | ||||||
| 5 | illness or injury (i) for which there is no reasonable | ||||||
| 6 | prospect of cure or recovery, (ii) that ultimately will | ||||||
| 7 | cause the patient's death even if life-sustaining | ||||||
| 8 | treatment is initiated or continued, (iii) that imposes | ||||||
| 9 | severe pain or otherwise imposes an inhumane burden on the | ||||||
| 10 | patient, and (iv) for which initiating or continuing | ||||||
| 11 | life-sustaining treatment, in light of the patient's | ||||||
| 12 | medical condition, provides only minimal medical benefit. | ||||||
| 13 | The determination that a patient has a qualifying | ||||||
| 14 | condition creates no presumption regarding the application or | ||||||
| 15 | non-application of life-sustaining treatment. It is only after | ||||||
| 16 | a determination by the attending physician that the patient | ||||||
| 17 | has a qualifying condition that the surrogate decision maker | ||||||
| 18 | may consider whether or not to forgo life-sustaining | ||||||
| 19 | treatment. In making this decision, the surrogate shall weigh | ||||||
| 20 | the burdens on the patient of initiating or continuing | ||||||
| 21 | life-sustaining treatment against the benefits of that | ||||||
| 22 | treatment. | ||||||
| 23 | "Qualified health care practitioner" means an individual | ||||||
| 24 | who has personally examined the patient and who is licensed in | ||||||
| 25 | Illinois or in the state where the patient is being treated and | ||||||
| 26 | who is a physician, advanced practice registered nurse, | ||||||
| |||||||
| |||||||
| 1 | physician assistant, or resident with at least one year of | ||||||
| 2 | graduate or specialty training who holds a temporary license | ||||||
| 3 | to practice medicine and is enrolled in a residency program | ||||||
| 4 | accredited by the Liaison Committee on Graduate Medical | ||||||
| 5 | Education or the Bureau of Professional Education of the | ||||||
| 6 | American Osteopathic Association. | ||||||
| 7 | "Physician" means a physician licensed to practice | ||||||
| 8 | medicine in all its branches in this State or in the state | ||||||
| 9 | where the patient is being treated. | ||||||
| 10 | "Surrogate decision maker" means an adult individual or | ||||||
| 11 | individuals who (i) have decisional capacity, (ii) are | ||||||
| 12 | available upon reasonable inquiry, (iii) are willing to make | ||||||
| 13 | medical treatment decisions on behalf of a patient who lacks | ||||||
| 14 | decisional capacity, and (iv) are identified by the attending | ||||||
| 15 | physician in accordance with the provisions of this Act as the | ||||||
| 16 | person or persons who are to make those decisions in | ||||||
| 17 | accordance with the provisions of this Act. | ||||||
| 18 | (Source: P.A. 102-140, eff. 1-1-22; 102-182, eff. 7-30-21; | ||||||
| 19 | 102-744, eff. 5-6-22; revised 7-24-24.)
| ||||||
| 20 | Section 1160. The Landlord and Tenant Act is amended by | ||||||
| 21 | setting forth and renumbering multiple versions of Section 25 | ||||||
| 22 | as follows:
| ||||||
| 23 | (765 ILCS 705/25) | ||||||
| 24 | Sec. 25. Disclosure of potential flooding in rental and | ||||||
| |||||||
| |||||||
| 1 | lease agreements. | ||||||
| 2 | (a) As used in this Section: | ||||||
| 3 | "Flood" and "flooding" mean a general or temporary | ||||||
| 4 | condition of partial or complete inundation of a dwelling or | ||||||
| 5 | property caused by: | ||||||
| 6 | (1) the overflow of inland or tidal waves; | ||||||
| 7 | (2) the unusual and rapid accumulation of runoff or | ||||||
| 8 | surface waters from any established water source such as a | ||||||
| 9 | river, stream, or drainage ditch; or | ||||||
| 10 | (3) rainfall. | ||||||
| 11 | "Lower-level unit" means any garden level unit, basement | ||||||
| 12 | level unit, or first floor level unit. | ||||||
| 13 | (b) Every landlord shall clearly disclose to each of the | ||||||
| 14 | landlord's tenants in writing prior to signing the lease for | ||||||
| 15 | the rental property that a rental property is located in the | ||||||
| 16 | Federal Emergency Management Agency (FEMA) Special Flood | ||||||
| 17 | Hazard Area ("100-year floodplain") and if the landlord has | ||||||
| 18 | actual knowledge that the rental property or any portion of | ||||||
| 19 | the parking areas of the real property containing the rental | ||||||
| 20 | property has been subjected to flooding and the frequency of | ||||||
| 21 | such flooding. Such disclosure shall also be included in the | ||||||
| 22 | written lease or the written renewal lease and shall be signed | ||||||
| 23 | by both parties. | ||||||
| 24 | (c) Every landlord who leases a lower-level unit shall | ||||||
| 25 | clearly disclose to each of the landlord's lower-level unit | ||||||
| 26 | tenants in writing prior to the signing of the lease for the | ||||||
| |||||||
| |||||||
| 1 | lower-level unit if the lower-level unit or any portion of the | ||||||
| 2 | real property containing the lower-level unit has experienced | ||||||
| 3 | flooding in the last 10 years and shall disclose the frequency | ||||||
| 4 | of such flooding. Such disclosure shall also be included in | ||||||
| 5 | the written lease or the written renewal lease and shall be | ||||||
| 6 | signed by both parties. | ||||||
| 7 | (d) The written disclosure shall look substantially | ||||||
| 8 | similar to the following: | ||||||
| 9 | "(Landlord) [ ] is or [ ] is not aware that the rental | ||||||
| 10 | property is located in a FEMA Special Flood Hazard Area | ||||||
| 11 | ("100-year floodplain"). The property has experienced flooding | ||||||
| 12 | [ ] times in the last 10 years. Even if the rental property is | ||||||
| 13 | not in a Special Flood Hazard Area ("100-year floodplain"), | ||||||
| 14 | the dwelling may still be susceptible to flooding. The Federal | ||||||
| 15 | Emergency Management Agency (FEMA) maintains a flood map on | ||||||
| 16 | its Internet website that is searchable by address, at no | ||||||
| 17 | cost, to determine if a dwelling is located in a flood hazard | ||||||
| 18 | area. | ||||||
| 19 | (Landlord) [ ] is or [ ] is not aware that the rental | ||||||
| 20 | property you are renting has flooded at least once in the last | ||||||
| 21 | 10 years. The rental property has flooded [ ] times in the last | ||||||
| 22 | 10 years. Even if the dwelling has not flooded in the last 10 | ||||||
| 23 | years, the dwelling may still be susceptible to flooding. | ||||||
| 24 | Most tenant insurance policies do not cover damage or loss | ||||||
| 25 | incurred in a flood. You are encouraged to examine your policy | ||||||
| 26 | to determine whether you are covered. If you are not, flood | ||||||
| |||||||
| |||||||
| 1 | insurance may be available through FEMA's National Flood | ||||||
| 2 | Insurance Program to cover your personal property in the event | ||||||
| 3 | of a flood. Information regarding flood risks can be found at | ||||||
| 4 | the dnr.illinois.gov (Illinois Department of Natural | ||||||
| 5 | Resources), fema.gov (FEMA), and ready.gov/flood (U.S. | ||||||
| 6 | National public service). | ||||||
| 7 | Landlords are required to disclose the above information | ||||||
| 8 | pursuant to Section 25 of the Landlord and Tenant Act. A | ||||||
| 9 | landlord's failure to comply with Section 25 of the Landlord | ||||||
| 10 | and Tenant Act shall entitle the tenant to remedies as defined | ||||||
| 11 | in that Section. | ||||||
| 12 | .......................... | ||||||
| 13 | (Tenant Signature) (Date) | ||||||
| 14 | .......................... | ||||||
| 15 | (Landlord Signature) (Date)" | ||||||
| 16 | (e) If a landlord fails to comply with subsection (b), and | ||||||
| 17 | the tenant subsequently becomes aware that the property is | ||||||
| 18 | located in the FEMA Special Flood Hazard Area ("100-year | ||||||
| 19 | floodplain") the tenant may terminate the lease by giving | ||||||
| 20 | written notice of termination to the landlord no later than | ||||||
| 21 | the 30th day after a tenant becomes aware of the landlord's | ||||||
| 22 | failure to comply with subsection (b), and the landlord shall | ||||||
| 23 | return all rent and fees paid in advance no later than the 15th | ||||||
| 24 | day after the tenant gave notice. | ||||||
| 25 | If a landlord fails to comply with subsection (b) or | ||||||
| 26 | subsection (c) and flooding occurs that results in damage to | ||||||
| |||||||
| |||||||
| 1 | the tenant's personal property, affects the habitability of | ||||||
| 2 | the leased property, or affects the tenant's access to the | ||||||
| 3 | leased property, the tenant may: | ||||||
| 4 | (1) terminate the lease by giving written notice to | ||||||
| 5 | the landlord no later than the 30th day after the flood | ||||||
| 6 | occurred and the landlord shall return all rent and fees | ||||||
| 7 | paid in advance no later than the 15th day after the tenant | ||||||
| 8 | gave notice; and | ||||||
| 9 | (2) bring an action against the landlord of the | ||||||
| 10 | property to recover damages for personal property lost or | ||||||
| 11 | damaged as a result of flooding. | ||||||
| 12 | (e) Exemptions. This Section does not apply to farm | ||||||
| 13 | leases, concession leases, and rental properties owned or | ||||||
| 14 | managed by the Department of Natural Resources. | ||||||
| 15 | (f) This Section may not be interpreted to permit the | ||||||
| 16 | renting, leasing, or subleasing of lower-level units in a | ||||||
| 17 | municipality if the municipality does not permit the renting, | ||||||
| 18 | leasing, or subleasing of such units. | ||||||
| 19 | (Source: P.A. 103-754, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 20 | (765 ILCS 705/30) | ||||||
| 21 | Sec. 30 25. Reusable tenant screening report. | ||||||
| 22 | (a) Definitions. In this Section: | ||||||
| 23 | "Application screening fee" means a request by a landlord | ||||||
| 24 | for a fee to cover the costs of obtaining information about a | ||||||
| 25 | prospective tenant. | ||||||
| |||||||
| |||||||
| 1 | "Consumer report" has the same meaning as defined in | ||||||
| 2 | Section 1681a of Title 15 of the United States Code. | ||||||
| 3 | "Consumer credit reporting agency" means a person which, | ||||||
| 4 | for monetary fees, dues, or on a cooperative nonprofit basis, | ||||||
| 5 | regularly engages in whole or in part in the practice of | ||||||
| 6 | assembling or evaluating consumer credit information or other | ||||||
| 7 | information on consumers for the purpose of furnishing | ||||||
| 8 | consumer reports to third parties and that uses any means or | ||||||
| 9 | facility of interstate commerce for the purpose of preparing | ||||||
| 10 | or furnishing consumer reports. | ||||||
| 11 | "Reusable tenant screening report" means a written report, | ||||||
| 12 | prepared by a consumer credit reporting agency, that | ||||||
| 13 | prominently states the date through which the information | ||||||
| 14 | contained in the report is current and includes, but is not | ||||||
| 15 | limited to, all of the following information regarding a | ||||||
| 16 | prospective tenant: | ||||||
| 17 | (A) the name of the prospective tenant; | ||||||
| 18 | (B) the contact information for the prospective | ||||||
| 19 | tenant; | ||||||
| 20 | (C) a verification of source of income of the | ||||||
| 21 | prospective tenant; | ||||||
| 22 | (D) the last known address of the prospective | ||||||
| 23 | tenant; and | ||||||
| 24 | (E) the results of an eviction history check of | ||||||
| 25 | the prospective tenant in a manner and for a period of | ||||||
| 26 | time consistent with applicable law related to the | ||||||
| |||||||
| |||||||
| 1 | consideration of eviction history in housing. | ||||||
| 2 | (b) Providing a reusable tenant screening report. | ||||||
| 3 | (1) If a prospective tenant provides a reusable tenant | ||||||
| 4 | screening report that meets the following criteria, the | ||||||
| 5 | landlord may not charge the prospective tenant a fee to | ||||||
| 6 | access the report or an application screening fee. Those | ||||||
| 7 | criteria include the following: | ||||||
| 8 | (A) the report was prepared within the previous 30 | ||||||
| 9 | days by a consumer credit reporting agency at the | ||||||
| 10 | request and expense of a prospective tenant; | ||||||
| 11 | (B) the report is made directly available to a | ||||||
| 12 | landlord for use in the rental application process or | ||||||
| 13 | is provided through a third-party website that | ||||||
| 14 | regularly engages in the business of providing a | ||||||
| 15 | reusable tenant screening report and complies with all | ||||||
| 16 | State and federal laws pertaining to use and | ||||||
| 17 | disclosure of information contained in a consumer | ||||||
| 18 | report by a consumer credit reporting agency; | ||||||
| 19 | (C) the report is available to the landlord at no | ||||||
| 20 | cost to access or use; and | ||||||
| 21 | (D) the report includes all of the criteria | ||||||
| 22 | consistently being used by the landlord in the | ||||||
| 23 | screening of prospective tenants. | ||||||
| 24 | (2) A landlord may require an applicant to state that | ||||||
| 25 | there has not been a material change to the information in | ||||||
| 26 | the reusable tenant screening report. | ||||||
| |||||||
| |||||||
| 1 | (c) If an ordinance, resolution, regulation, | ||||||
| 2 | administrative action, initiative, or other policy adopted by | ||||||
| 3 | a unit of local government or county conflicts with this Act, | ||||||
| 4 | the policy that provides greater protections to prospective | ||||||
| 5 | tenants applies. | ||||||
| 6 | (d) Nothing in this Section prohibits a landlord from | ||||||
| 7 | collecting and processing an application in addition to the | ||||||
| 8 | report provided, as long as the prospective tenant is not | ||||||
| 9 | charged an application screening fee for this additional | ||||||
| 10 | report. | ||||||
| 11 | (Source: P.A. 103-840, eff. 1-1-25; revised 12-3-24.)
| ||||||
| 12 | Section 1165. The Landlord Retaliation Act is amended by | ||||||
| 13 | changing Section 20 as follows:
| ||||||
| 14 | (765 ILCS 721/20) | ||||||
| 15 | Sec. 20. Rebuttable presumption. In an action by or | ||||||
| 16 | against the tenant, if within one year before the alleged act | ||||||
| 17 | of retaliation there is evidence that the retaliation was | ||||||
| 18 | against the tenant's conduct that is protected under this Act, | ||||||
| 19 | that evidence creates a rebuttable presumption that the | ||||||
| 20 | landlord's conduct was retaliatory. The presumption does not | ||||||
| 21 | arise if the protected tenant activity was initiated after the | ||||||
| 22 | alleged act of retaliation. | ||||||
| 23 | (Source: P.A. 103-831, eff. 1-1-25; revised 10-23-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1170. The Mobile Home Landlord and Tenant Rights | ||||||
| 2 | Act is amended by changing Section 17 as follows:
| ||||||
| 3 | (765 ILCS 745/17) (from Ch. 80, par. 217) | ||||||
| 4 | Sec. 17. Notice required by Law. The following notice | ||||||
| 5 | shall be printed verbatim in a clear and conspicuous manner in | ||||||
| 6 | each lease or rental agreement of a mobile home or lot: | ||||||
| 7 | "IMPORTANT NOTICE REQUIRED BY LAW: | ||||||
| 8 | The rules set forth below govern the terms of your lease of | ||||||
| 9 | occupancy arrangement with this mobile home park. The law | ||||||
| 10 | requires all of these rules and regulations to be fair and | ||||||
| 11 | reasonable, and if not, such rules and regulations cannot be | ||||||
| 12 | enforced against you. | ||||||
| 13 | As required by law, the park must be licensed to operate a | ||||||
| 14 | mobile home park either by either the State of Illinois | ||||||
| 15 | Department of Public Health or applicable home rule | ||||||
| 16 | jurisdiction. Pursuant to the Mobile Home Park Act, this | ||||||
| 17 | license shall expire April 30 of each year, and a new license | ||||||
| 18 | shall be issued upon proper application and payment of the | ||||||
| 19 | annual license fee. | ||||||
| 20 | You may continue to reside in the park as long as you pay | ||||||
| 21 | your rent and abide by the rules and regulations of the park. | ||||||
| 22 | You may only be evicted for non-payment of rent, violation of | ||||||
| 23 | laws, or for violation of the rules and regulations of the park | ||||||
| 24 | and the terms of the lease. | ||||||
| 25 | If this park requires you to deal exclusively with a | ||||||
| |||||||
| |||||||
| 1 | certain fuel dealer or other merchant for goods or service in | ||||||
| 2 | connection with the use or occupancy of your mobile home or on | ||||||
| 3 | your mobile home lot, the price you pay for such goods or | ||||||
| 4 | services may not be more than the prevailing price in this | ||||||
| 5 | locality for similar goods and services. | ||||||
| 6 | You may not be evicted for reporting any violations of law | ||||||
| 7 | or health and building codes to boards of health, building | ||||||
| 8 | commissioners, the Office department of the Attorney General, | ||||||
| 9 | or any other appropriate government agency.". | ||||||
| 10 | (Source: P.A. 103-630, eff. 1-1-25; revised 10-24-24.)
| ||||||
| 11 | Section 1175. The Right of Publicity Act is amended by | ||||||
| 12 | changing Section 20 as follows:
| ||||||
| 13 | (765 ILCS 1075/20) | ||||||
| 14 | Sec. 20. Enforcement of rights and remedies. | ||||||
| 15 | (a) The rights and remedies set forth in this Act may be | ||||||
| 16 | exercised and enforced by: | ||||||
| 17 | (1) an individual or his or her authorized | ||||||
| 18 | representative; | ||||||
| 19 | (2) a person to whom the recognized rights have been | ||||||
| 20 | transferred by written transfer under Section 15 of this | ||||||
| 21 | Act; or | ||||||
| 22 | (3) after the death of an individual who has not | ||||||
| 23 | transferred the recognized rights by written transfer | ||||||
| 24 | under this Act, any person or persons that possess who | ||||||
| |||||||
| |||||||
| 1 | possesses an interest in those rights. | ||||||
| 2 | (a-5) In addition to the enforcement of rights and | ||||||
| 3 | remedies in subsection (a), the rights and remedies set forth | ||||||
| 4 | in this Act may, in the case of an individual who is a | ||||||
| 5 | recording artist, be enforced by: | ||||||
| 6 | (1) the individual who is the recording artist; or | ||||||
| 7 | (2) a person who has entered into a contract for the | ||||||
| 8 | individual's exclusive personal services as a recording | ||||||
| 9 | artist or who has entered into a contract for an exclusive | ||||||
| 10 | license to distribute sound recordings that capture the | ||||||
| 11 | recording artist's audio performances. | ||||||
| 12 | (b) Each person described in paragraph (3) of subsection | ||||||
| 13 | (a) shall make a proportional accounting to, and shall act at | ||||||
| 14 | all times in good faith with respect to, any other person in | ||||||
| 15 | whom the rights being enforced have vested. | ||||||
| 16 | (Source: P.A. 103-836, eff. 1-1-25; revised 10-23-24.)
| ||||||
| 17 | Section 1180. The Illinois Human Rights Act is amended by | ||||||
| 18 | changing Sections 2-101, 2-102, 2-108, and 3-106 as follows:
| ||||||
| 19 | (775 ILCS 5/2-101) | ||||||
| 20 | (Text of Section before amendment by P.A. 103-804) | ||||||
| 21 | Sec. 2-101. Definitions. The following definitions are | ||||||
| 22 | applicable strictly in the context of this Article. | ||||||
| 23 | (A) Employee. | ||||||
| 24 | (1) "Employee" includes: | ||||||
| |||||||
| |||||||
| 1 | (a) Any individual performing services for | ||||||
| 2 | remuneration within this State for an employer; | ||||||
| 3 | (b) An apprentice; | ||||||
| 4 | (c) An applicant for any apprenticeship. | ||||||
| 5 | For purposes of subsection (D) of Section 2-102 of | ||||||
| 6 | this Act, "employee" also includes an unpaid intern. An | ||||||
| 7 | unpaid intern is a person who performs work for an | ||||||
| 8 | employer under the following circumstances: | ||||||
| 9 | (i) the employer is not committed to hiring the | ||||||
| 10 | person performing the work at the conclusion of the | ||||||
| 11 | intern's tenure; | ||||||
| 12 | (ii) the employer and the person performing the | ||||||
| 13 | work agree that the person is not entitled to wages for | ||||||
| 14 | the work performed; and | ||||||
| 15 | (iii) the work performed: | ||||||
| 16 | (I) supplements training given in an | ||||||
| 17 | educational environment that may enhance the | ||||||
| 18 | employability of the intern; | ||||||
| 19 | (II) provides experience for the benefit of | ||||||
| 20 | the person performing the work; | ||||||
| 21 | (III) does not displace regular employees; | ||||||
| 22 | (IV) is performed under the close supervision | ||||||
| 23 | of existing staff; and | ||||||
| 24 | (V) provides no immediate advantage to the | ||||||
| 25 | employer providing the training and may | ||||||
| 26 | occasionally impede the operations of the | ||||||
| |||||||
| |||||||
| 1 | employer. | ||||||
| 2 | (2) "Employee" does not include: | ||||||
| 3 | (a) (Blank); | ||||||
| 4 | (b) Individuals employed by persons who are not | ||||||
| 5 | "employers" as defined by this Act; | ||||||
| 6 | (c) Elected public officials or the members of | ||||||
| 7 | their immediate personal staffs; | ||||||
| 8 | (d) Principal administrative officers of the State | ||||||
| 9 | or of any political subdivision, municipal corporation | ||||||
| 10 | or other governmental unit or agency; | ||||||
| 11 | (e) A person in a vocational rehabilitation | ||||||
| 12 | facility certified under federal law who has been | ||||||
| 13 | designated an evaluee, trainee, or work activity | ||||||
| 14 | client. | ||||||
| 15 | (B) Employer. | ||||||
| 16 | (1) "Employer" includes: | ||||||
| 17 | (a) Any person employing one or more employees | ||||||
| 18 | within Illinois during 20 or more calendar weeks | ||||||
| 19 | within the calendar year of or preceding the alleged | ||||||
| 20 | violation; | ||||||
| 21 | (b) Any person employing one or more employees | ||||||
| 22 | when a complainant alleges civil rights violation due | ||||||
| 23 | to unlawful discrimination based upon his or her | ||||||
| 24 | physical or mental disability unrelated to ability, | ||||||
| 25 | pregnancy, or sexual harassment; | ||||||
| 26 | (c) The State and any political subdivision, | ||||||
| |||||||
| |||||||
| 1 | municipal corporation or other governmental unit or | ||||||
| 2 | agency, without regard to the number of employees; | ||||||
| 3 | (d) Any party to a public contract without regard | ||||||
| 4 | to the number of employees; | ||||||
| 5 | (e) A joint apprenticeship or training committee | ||||||
| 6 | without regard to the number of employees. | ||||||
| 7 | (2) "Employer" does not include any place of worship, | ||||||
| 8 | religious corporation, association, educational | ||||||
| 9 | institution, society, or nonprofit non-profit nursing | ||||||
| 10 | institution conducted by and for those who rely upon | ||||||
| 11 | treatment by prayer through spiritual means in accordance | ||||||
| 12 | with the tenets of a recognized church or religious | ||||||
| 13 | denomination with respect to the employment of individuals | ||||||
| 14 | of a particular religion to perform work connected with | ||||||
| 15 | the carrying on by such place of worship, corporation, | ||||||
| 16 | association, educational institution, society, or | ||||||
| 17 | nonprofit non-profit nursing institution of its | ||||||
| 18 | activities. | ||||||
| 19 | (C) Employment Agency. "Employment Agency" includes both | ||||||
| 20 | public and private employment agencies and any person, labor | ||||||
| 21 | organization, or labor union having a hiring hall or hiring | ||||||
| 22 | office regularly undertaking, with or without compensation, to | ||||||
| 23 | procure opportunities to work, or to procure, recruit, refer, | ||||||
| 24 | or place employees. | ||||||
| 25 | (D) Labor Organization. "Labor Organization" includes any | ||||||
| 26 | organization, labor union, craft union, or any voluntary | ||||||
| |||||||
| |||||||
| 1 | unincorporated association designed to further the cause of | ||||||
| 2 | the rights of union labor which is constituted for the | ||||||
| 3 | purpose, in whole or in part, of collective bargaining or of | ||||||
| 4 | dealing with employers concerning grievances, terms or | ||||||
| 5 | conditions of employment, or apprenticeships or applications | ||||||
| 6 | for apprenticeships, or of other mutual aid or protection in | ||||||
| 7 | connection with employment, including apprenticeships or | ||||||
| 8 | applications for apprenticeships. | ||||||
| 9 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
| 10 | unwelcome sexual advances or requests for sexual favors or any | ||||||
| 11 | conduct of a sexual nature when (1) submission to such conduct | ||||||
| 12 | is made either explicitly or implicitly a term or condition of | ||||||
| 13 | an individual's employment, (2) submission to or rejection of | ||||||
| 14 | such conduct by an individual is used as the basis for | ||||||
| 15 | employment decisions affecting such individual, or (3) such | ||||||
| 16 | conduct has the purpose or effect of substantially interfering | ||||||
| 17 | with an individual's work performance or creating an | ||||||
| 18 | intimidating, hostile, or offensive working environment. | ||||||
| 19 | For purposes of this definition, the phrase "working | ||||||
| 20 | environment" is not limited to a physical location an employee | ||||||
| 21 | is assigned to perform his or her duties. | ||||||
| 22 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
| 23 | on the basis of an individual's actual or perceived race, | ||||||
| 24 | color, religion, national origin, ancestry, age, sex, marital | ||||||
| 25 | status, order of protection status, disability, military | ||||||
| 26 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
| |||||||
| |||||||
| 1 | from military service, citizenship status, work authorization | ||||||
| 2 | status, or family responsibilities that has the purpose or | ||||||
| 3 | effect of substantially interfering with the individual's work | ||||||
| 4 | performance or creating an intimidating, hostile, or offensive | ||||||
| 5 | working environment. For purposes of this definition, the | ||||||
| 6 | phrase "working environment" is not limited to a physical | ||||||
| 7 | location an employee is assigned to perform his or her duties. | ||||||
| 8 | (F) Religion. "Religion" with respect to employers | ||||||
| 9 | includes all aspects of religious observance and practice, as | ||||||
| 10 | well as belief, unless an employer demonstrates that he is | ||||||
| 11 | unable to reasonably accommodate an employee's or prospective | ||||||
| 12 | employee's religious observance or practice without undue | ||||||
| 13 | hardship on the conduct of the employer's business. | ||||||
| 14 | (G) Public Employer. "Public employer" means the State, an | ||||||
| 15 | agency or department thereof, unit of local government, school | ||||||
| 16 | district, instrumentality or political subdivision. | ||||||
| 17 | (H) Public Employee. "Public employee" means an employee | ||||||
| 18 | of the State, agency or department thereof, unit of local | ||||||
| 19 | government, school district, instrumentality or political | ||||||
| 20 | subdivision. "Public employee" does not include public | ||||||
| 21 | officers or employees of the General Assembly or agencies | ||||||
| 22 | thereof. | ||||||
| 23 | (I) Public Officer. "Public officer" means a person who is | ||||||
| 24 | elected to office pursuant to the Constitution or a statute or | ||||||
| 25 | ordinance, or who is appointed to an office which is | ||||||
| 26 | established, and the qualifications and duties of which are | ||||||
| |||||||
| |||||||
| 1 | prescribed, by the Constitution or a statute or ordinance, to | ||||||
| 2 | discharge a public duty for the State, agency or department | ||||||
| 3 | thereof, unit of local government, school district, | ||||||
| 4 | instrumentality or political subdivision. | ||||||
| 5 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
| 6 | prior to contract award or prior to bid opening for State | ||||||
| 7 | contracts for construction or construction-related services, | ||||||
| 8 | has filed with the Department a properly completed, sworn and | ||||||
| 9 | currently valid employer report form, pursuant to the | ||||||
| 10 | Department's regulations. The provisions of this Article | ||||||
| 11 | relating to eligible bidders apply only to bids on contracts | ||||||
| 12 | with the State and its departments, agencies, boards, and | ||||||
| 13 | commissions, and the provisions do not apply to bids on | ||||||
| 14 | contracts with units of local government or school districts. | ||||||
| 15 | (K) Citizenship Status. "Citizenship status" means the | ||||||
| 16 | status of being: | ||||||
| 17 | (1) a born U.S. citizen; | ||||||
| 18 | (2) a naturalized U.S. citizen; | ||||||
| 19 | (3) a U.S. national; or | ||||||
| 20 | (4) a person born outside the United States and not a | ||||||
| 21 | U.S. citizen who is lawfully present and who is protected | ||||||
| 22 | from discrimination under the provisions of Section 1324b | ||||||
| 23 | of Title 8 of the United States Code, as now or hereafter | ||||||
| 24 | amended. | ||||||
| 25 | (L) Work Authorization Status. "Work authorization status" | ||||||
| 26 | means the status of being a person born outside of the United | ||||||
| |||||||
| |||||||
| 1 | States, and not a U.S. citizen, who is authorized by the | ||||||
| 2 | federal government to work in the United States. | ||||||
| 3 | (M) Family Responsibilities. "Family responsibilities" | ||||||
| 4 | means an employee's actual or perceived provision of personal | ||||||
| 5 | care to a family member. As used in this definition: | ||||||
| 6 | (1) "Personal care" has the meaning given to that term | ||||||
| 7 | in the Employee Sick Leave Act. | ||||||
| 8 | (2) "Family member" has the meaning given to the term | ||||||
| 9 | "covered family member" in the Employee Sick Leave Act. | ||||||
| 10 | (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; | ||||||
| 11 | 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; revised | ||||||
| 12 | 10-7-24.)
| ||||||
| 13 | (Text of Section after amendment by P.A. 103-804) | ||||||
| 14 | Sec. 2-101. Definitions. The following definitions are | ||||||
| 15 | applicable strictly in the context of this Article. | ||||||
| 16 | (A) Employee. | ||||||
| 17 | (1) "Employee" includes: | ||||||
| 18 | (a) Any individual performing services for | ||||||
| 19 | remuneration within this State for an employer; | ||||||
| 20 | (b) An apprentice; | ||||||
| 21 | (c) An applicant for any apprenticeship. | ||||||
| 22 | For purposes of subsection (D) of Section 2-102 of | ||||||
| 23 | this Act, "employee" also includes an unpaid intern. An | ||||||
| 24 | unpaid intern is a person who performs work for an | ||||||
| 25 | employer under the following circumstances: | ||||||
| |||||||
| |||||||
| 1 | (i) the employer is not committed to hiring the | ||||||
| 2 | person performing the work at the conclusion of the | ||||||
| 3 | intern's tenure; | ||||||
| 4 | (ii) the employer and the person performing the | ||||||
| 5 | work agree that the person is not entitled to wages for | ||||||
| 6 | the work performed; and | ||||||
| 7 | (iii) the work performed: | ||||||
| 8 | (I) supplements training given in an | ||||||
| 9 | educational environment that may enhance the | ||||||
| 10 | employability of the intern; | ||||||
| 11 | (II) provides experience for the benefit of | ||||||
| 12 | the person performing the work; | ||||||
| 13 | (III) does not displace regular employees; | ||||||
| 14 | (IV) is performed under the close supervision | ||||||
| 15 | of existing staff; and | ||||||
| 16 | (V) provides no immediate advantage to the | ||||||
| 17 | employer providing the training and may | ||||||
| 18 | occasionally impede the operations of the | ||||||
| 19 | employer. | ||||||
| 20 | (2) "Employee" does not include: | ||||||
| 21 | (a) (Blank); | ||||||
| 22 | (b) Individuals employed by persons who are not | ||||||
| 23 | "employers" as defined by this Act; | ||||||
| 24 | (c) Elected public officials or the members of | ||||||
| 25 | their immediate personal staffs; | ||||||
| 26 | (d) Principal administrative officers of the State | ||||||
| |||||||
| |||||||
| 1 | or of any political subdivision, municipal corporation | ||||||
| 2 | or other governmental unit or agency; | ||||||
| 3 | (e) A person in a vocational rehabilitation | ||||||
| 4 | facility certified under federal law who has been | ||||||
| 5 | designated an evaluee, trainee, or work activity | ||||||
| 6 | client. | ||||||
| 7 | (B) Employer. | ||||||
| 8 | (1) "Employer" includes: | ||||||
| 9 | (a) Any person employing one or more employees | ||||||
| 10 | within Illinois during 20 or more calendar weeks | ||||||
| 11 | within the calendar year of or preceding the alleged | ||||||
| 12 | violation; | ||||||
| 13 | (b) Any person employing one or more employees | ||||||
| 14 | when a complainant alleges civil rights violation due | ||||||
| 15 | to unlawful discrimination based upon his or her | ||||||
| 16 | physical or mental disability unrelated to ability, | ||||||
| 17 | pregnancy, or sexual harassment; | ||||||
| 18 | (c) The State and any political subdivision, | ||||||
| 19 | municipal corporation or other governmental unit or | ||||||
| 20 | agency, without regard to the number of employees; | ||||||
| 21 | (d) Any party to a public contract without regard | ||||||
| 22 | to the number of employees; | ||||||
| 23 | (e) A joint apprenticeship or training committee | ||||||
| 24 | without regard to the number of employees. | ||||||
| 25 | (2) "Employer" does not include any place of worship, | ||||||
| 26 | religious corporation, association, educational | ||||||
| |||||||
| |||||||
| 1 | institution, society, or nonprofit non-profit nursing | ||||||
| 2 | institution conducted by and for those who rely upon | ||||||
| 3 | treatment by prayer through spiritual means in accordance | ||||||
| 4 | with the tenets of a recognized church or religious | ||||||
| 5 | denomination with respect to the employment of individuals | ||||||
| 6 | of a particular religion to perform work connected with | ||||||
| 7 | the carrying on by such place of worship, corporation, | ||||||
| 8 | association, educational institution, society, or | ||||||
| 9 | nonprofit non-profit nursing institution of its | ||||||
| 10 | activities. | ||||||
| 11 | (C) Employment Agency. "Employment Agency" includes both | ||||||
| 12 | public and private employment agencies and any person, labor | ||||||
| 13 | organization, or labor union having a hiring hall or hiring | ||||||
| 14 | office regularly undertaking, with or without compensation, to | ||||||
| 15 | procure opportunities to work, or to procure, recruit, refer, | ||||||
| 16 | or place employees. | ||||||
| 17 | (D) Labor Organization. "Labor Organization" includes any | ||||||
| 18 | organization, labor union, craft union, or any voluntary | ||||||
| 19 | unincorporated association designed to further the cause of | ||||||
| 20 | the rights of union labor which is constituted for the | ||||||
| 21 | purpose, in whole or in part, of collective bargaining or of | ||||||
| 22 | dealing with employers concerning grievances, terms or | ||||||
| 23 | conditions of employment, or apprenticeships or applications | ||||||
| 24 | for apprenticeships, or of other mutual aid or protection in | ||||||
| 25 | connection with employment, including apprenticeships or | ||||||
| 26 | applications for apprenticeships. | ||||||
| |||||||
| |||||||
| 1 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
| 2 | unwelcome sexual advances or requests for sexual favors or any | ||||||
| 3 | conduct of a sexual nature when (1) submission to such conduct | ||||||
| 4 | is made either explicitly or implicitly a term or condition of | ||||||
| 5 | an individual's employment, (2) submission to or rejection of | ||||||
| 6 | such conduct by an individual is used as the basis for | ||||||
| 7 | employment decisions affecting such individual, or (3) such | ||||||
| 8 | conduct has the purpose or effect of substantially interfering | ||||||
| 9 | with an individual's work performance or creating an | ||||||
| 10 | intimidating, hostile, or offensive working environment. | ||||||
| 11 | For purposes of this definition, the phrase "working | ||||||
| 12 | environment" is not limited to a physical location an employee | ||||||
| 13 | is assigned to perform his or her duties. | ||||||
| 14 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
| 15 | on the basis of an individual's actual or perceived race, | ||||||
| 16 | color, religion, national origin, ancestry, age, sex, marital | ||||||
| 17 | status, order of protection status, disability, military | ||||||
| 18 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
| 19 | from military service, citizenship status, work authorization | ||||||
| 20 | status, or family responsibilities that has the purpose or | ||||||
| 21 | effect of substantially interfering with the individual's work | ||||||
| 22 | performance or creating an intimidating, hostile, or offensive | ||||||
| 23 | working environment. For purposes of this definition, the | ||||||
| 24 | phrase "working environment" is not limited to a physical | ||||||
| 25 | location an employee is assigned to perform his or her duties. | ||||||
| 26 | (F) Religion. "Religion" with respect to employers | ||||||
| |||||||
| |||||||
| 1 | includes all aspects of religious observance and practice, as | ||||||
| 2 | well as belief, unless an employer demonstrates that he is | ||||||
| 3 | unable to reasonably accommodate an employee's or prospective | ||||||
| 4 | employee's religious observance or practice without undue | ||||||
| 5 | hardship on the conduct of the employer's business. | ||||||
| 6 | (G) Public Employer. "Public employer" means the State, an | ||||||
| 7 | agency or department thereof, unit of local government, school | ||||||
| 8 | district, instrumentality or political subdivision. | ||||||
| 9 | (H) Public Employee. "Public employee" means an employee | ||||||
| 10 | of the State, agency or department thereof, unit of local | ||||||
| 11 | government, school district, instrumentality or political | ||||||
| 12 | subdivision. "Public employee" does not include public | ||||||
| 13 | officers or employees of the General Assembly or agencies | ||||||
| 14 | thereof. | ||||||
| 15 | (I) Public Officer. "Public officer" means a person who is | ||||||
| 16 | elected to office pursuant to the Constitution or a statute or | ||||||
| 17 | ordinance, or who is appointed to an office which is | ||||||
| 18 | established, and the qualifications and duties of which are | ||||||
| 19 | prescribed, by the Constitution or a statute or ordinance, to | ||||||
| 20 | discharge a public duty for the State, agency or department | ||||||
| 21 | thereof, unit of local government, school district, | ||||||
| 22 | instrumentality or political subdivision. | ||||||
| 23 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
| 24 | prior to contract award or prior to bid opening for State | ||||||
| 25 | contracts for construction or construction-related services, | ||||||
| 26 | has filed with the Department a properly completed, sworn and | ||||||
| |||||||
| |||||||
| 1 | currently valid employer report form, pursuant to the | ||||||
| 2 | Department's regulations. The provisions of this Article | ||||||
| 3 | relating to eligible bidders apply only to bids on contracts | ||||||
| 4 | with the State and its departments, agencies, boards, and | ||||||
| 5 | commissions, and the provisions do not apply to bids on | ||||||
| 6 | contracts with units of local government or school districts. | ||||||
| 7 | (K) Citizenship Status. "Citizenship status" means the | ||||||
| 8 | status of being: | ||||||
| 9 | (1) a born U.S. citizen; | ||||||
| 10 | (2) a naturalized U.S. citizen; | ||||||
| 11 | (3) a U.S. national; or | ||||||
| 12 | (4) a person born outside the United States and not a | ||||||
| 13 | U.S. citizen who is lawfully present and who is protected | ||||||
| 14 | from discrimination under the provisions of Section 1324b | ||||||
| 15 | of Title 8 of the United States Code, as now or hereafter | ||||||
| 16 | amended. | ||||||
| 17 | (L) Work Authorization Status. "Work authorization status" | ||||||
| 18 | means the status of being a person born outside of the United | ||||||
| 19 | States, and not a U.S. citizen, who is authorized by the | ||||||
| 20 | federal government to work in the United States. | ||||||
| 21 | (M) Family Responsibilities. "Family responsibilities" | ||||||
| 22 | means an employee's actual or perceived provision of personal | ||||||
| 23 | care to a family member. As used in this definition: | ||||||
| 24 | (1) "Personal care" has the meaning given to that term | ||||||
| 25 | in the Employee Sick Leave Act. | ||||||
| 26 | (2) "Family member" has the meaning given to the term | ||||||
| |||||||
| |||||||
| 1 | "covered family member" in the Employee Sick Leave Act. | ||||||
| 2 | (N) (M) Artificial Intelligence. "Artificial intelligence" | ||||||
| 3 | means a machine-based system that, for explicit or implicit | ||||||
| 4 | objectives, infers, from the input it receives, how to | ||||||
| 5 | generate outputs such as predictions, content, | ||||||
| 6 | recommendations, or decisions that can influence physical or | ||||||
| 7 | virtual environments. "Artificial intelligence" includes | ||||||
| 8 | generative artificial intelligence. | ||||||
| 9 | (O) (N) Generative Artificial Intelligence. "Generative | ||||||
| 10 | artificial intelligence" means an automated computing system | ||||||
| 11 | that, when prompted with human prompts, descriptions, or | ||||||
| 12 | queries, can produce outputs that simulate human-produced | ||||||
| 13 | content, including, but not limited to, the following: (1) | ||||||
| 14 | textual outputs, such as short answers, essays, poetry, or | ||||||
| 15 | longer compositions or answers; (2) image outputs, such as | ||||||
| 16 | fine art, photographs, conceptual art, diagrams, and other | ||||||
| 17 | images; (3) multimedia outputs, such as audio or video in the | ||||||
| 18 | form of compositions, songs, or short-form or long-form audio | ||||||
| 19 | or video; and (4) other content that would be otherwise | ||||||
| 20 | produced by human means. | ||||||
| 21 | (Source: P.A. 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; | ||||||
| 22 | 102-1030, eff. 5-27-22; 103-797, eff. 1-1-25; 103-804, eff. | ||||||
| 23 | 1-1-26; revised 11-26-24.)
| ||||||
| 24 | (775 ILCS 5/2-102) | ||||||
| 25 | (Text of Section before amendment by P.A. 103-804) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2-102. Civil rights violations; employment violations - | ||||||
| 2 | employment. It is a civil rights violation: | ||||||
| 3 | (A) Employers. For any employer to refuse to hire, to | ||||||
| 4 | segregate, to engage in harassment as defined in | ||||||
| 5 | subsection (E-1) of Section 2-101, or to act with respect | ||||||
| 6 | to recruitment, hiring, promotion, renewal of employment, | ||||||
| 7 | selection for training or apprenticeship, discharge, | ||||||
| 8 | discipline, tenure or terms, privileges or conditions of | ||||||
| 9 | employment on the basis of unlawful discrimination, | ||||||
| 10 | citizenship status, work authorization status, or family | ||||||
| 11 | responsibilities. An employer is responsible for | ||||||
| 12 | harassment by the employer's nonmanagerial and | ||||||
| 13 | nonsupervisory employees only if the employer becomes | ||||||
| 14 | aware of the conduct and fails to take reasonable | ||||||
| 15 | corrective measures. | ||||||
| 16 | (A-5) Language. For an employer to impose a | ||||||
| 17 | restriction that has the effect of prohibiting a language | ||||||
| 18 | from being spoken by an employee in communications that | ||||||
| 19 | are unrelated to the employee's duties. | ||||||
| 20 | For the purposes of this subdivision (A-5), "language" | ||||||
| 21 | means a person's native tongue, such as Polish, Spanish, | ||||||
| 22 | or Chinese. "Language" does not include such things as | ||||||
| 23 | slang, jargon, profanity, or vulgarity. | ||||||
| 24 | (A-10) Harassment of nonemployees. For any employer, | ||||||
| 25 | employment agency, or labor organization to engage in | ||||||
| 26 | harassment of nonemployees in the workplace. An employer | ||||||
| |||||||
| |||||||
| 1 | is responsible for harassment of nonemployees by the | ||||||
| 2 | employer's nonmanagerial and nonsupervisory employees only | ||||||
| 3 | if the employer becomes aware of the conduct and fails to | ||||||
| 4 | take reasonable corrective measures. For the purposes of | ||||||
| 5 | this subdivision (A-10), "nonemployee" means a person who | ||||||
| 6 | is not otherwise an employee of the employer and is | ||||||
| 7 | directly performing services for the employer pursuant to | ||||||
| 8 | a contract with that employer. "Nonemployee" includes | ||||||
| 9 | contractors and consultants. This subdivision applies to | ||||||
| 10 | harassment occurring on or after January 1, 2020 (the | ||||||
| 11 | effective date of Public Act 101-221) this amendatory Act | ||||||
| 12 | of the 101st General Assembly. | ||||||
| 13 | (B) Employment agency. For any employment agency to | ||||||
| 14 | fail or refuse to classify properly, accept applications | ||||||
| 15 | and register for employment referral or apprenticeship | ||||||
| 16 | referral, refer for employment, or refer for | ||||||
| 17 | apprenticeship on the basis of unlawful discrimination, | ||||||
| 18 | citizenship status, work authorization status, or family | ||||||
| 19 | responsibilities or to accept from any person any job | ||||||
| 20 | order, requisition or request for referral of applicants | ||||||
| 21 | for employment or apprenticeship which makes or has the | ||||||
| 22 | effect of making unlawful discrimination or discrimination | ||||||
| 23 | on the basis of citizenship status, work authorization | ||||||
| 24 | status, or family responsibilities a condition of | ||||||
| 25 | referral. | ||||||
| 26 | (C) Labor organization. For any labor organization to | ||||||
| |||||||
| |||||||
| 1 | limit, segregate or classify its membership, or to limit | ||||||
| 2 | employment opportunities, selection and training for | ||||||
| 3 | apprenticeship in any trade or craft, or otherwise to | ||||||
| 4 | take, or fail to take, any action which affects adversely | ||||||
| 5 | any person's status as an employee or as an applicant for | ||||||
| 6 | employment or as an apprentice, or as an applicant for | ||||||
| 7 | apprenticeships, or wages, tenure, hours of employment or | ||||||
| 8 | apprenticeship conditions on the basis of unlawful | ||||||
| 9 | discrimination, citizenship status, work authorization | ||||||
| 10 | status, or family responsibilities. | ||||||
| 11 | (D) Sexual harassment. For any employer, employee, | ||||||
| 12 | agent of any employer, employment agency or labor | ||||||
| 13 | organization to engage in sexual harassment; provided, | ||||||
| 14 | that an employer shall be responsible for sexual | ||||||
| 15 | harassment of the employer's employees by nonemployees or | ||||||
| 16 | nonmanagerial and nonsupervisory employees only if the | ||||||
| 17 | employer becomes aware of the conduct and fails to take | ||||||
| 18 | reasonable corrective measures. | ||||||
| 19 | (D-5) Sexual harassment of nonemployees. For any | ||||||
| 20 | employer, employee, agent of any employer, employment | ||||||
| 21 | agency, or labor organization to engage in sexual | ||||||
| 22 | harassment of nonemployees in the workplace. An employer | ||||||
| 23 | is responsible for sexual harassment of nonemployees by | ||||||
| 24 | the employer's nonmanagerial and nonsupervisory employees | ||||||
| 25 | only if the employer becomes aware of the conduct and | ||||||
| 26 | fails to take reasonable corrective measures. For the | ||||||
| |||||||
| |||||||
| 1 | purposes of this subdivision (D-5), "nonemployee" means a | ||||||
| 2 | person who is not otherwise an employee of the employer | ||||||
| 3 | and is directly performing services for the employer | ||||||
| 4 | pursuant to a contract with that employer. "Nonemployee" | ||||||
| 5 | includes contractors and consultants. This subdivision | ||||||
| 6 | applies to sexual harassment occurring on or after January | ||||||
| 7 | 1, 2020 (the effective date of Public Act 101-221) this | ||||||
| 8 | amendatory Act of the 101st General Assembly. | ||||||
| 9 | (E) Public employers. For any public employer to | ||||||
| 10 | refuse to permit a public employee under its jurisdiction | ||||||
| 11 | who takes time off from work in order to practice his or | ||||||
| 12 | her religious beliefs to engage in work, during hours | ||||||
| 13 | other than such employee's regular working hours, | ||||||
| 14 | consistent with the operational needs of the employer and | ||||||
| 15 | in order to compensate for work time lost for such | ||||||
| 16 | religious reasons. Any employee who elects such deferred | ||||||
| 17 | work shall be compensated at the wage rate which he or she | ||||||
| 18 | would have earned during the originally scheduled work | ||||||
| 19 | period. The employer may require that an employee who | ||||||
| 20 | plans to take time off from work in order to practice his | ||||||
| 21 | or her religious beliefs provide the employer with a | ||||||
| 22 | notice of his or her intention to be absent from work not | ||||||
| 23 | exceeding 5 days prior to the date of absence. | ||||||
| 24 | (E-5) Religious discrimination. For any employer to | ||||||
| 25 | impose upon a person as a condition of obtaining or | ||||||
| 26 | retaining employment, including opportunities for | ||||||
| |||||||
| |||||||
| 1 | promotion, advancement, or transfer, any terms or | ||||||
| 2 | conditions that would require such person to violate or | ||||||
| 3 | forgo a sincerely held practice of his or her religion | ||||||
| 4 | including, but not limited to, the wearing of any attire, | ||||||
| 5 | clothing, or facial hair in accordance with the | ||||||
| 6 | requirements of his or her religion, unless, after | ||||||
| 7 | engaging in a bona fide effort, the employer demonstrates | ||||||
| 8 | that it is unable to reasonably accommodate the employee's | ||||||
| 9 | or prospective employee's sincerely held religious belief, | ||||||
| 10 | practice, or observance without undue hardship on the | ||||||
| 11 | conduct of the employer's business. | ||||||
| 12 | Nothing in this Section prohibits an employer from | ||||||
| 13 | enacting a dress code or grooming policy that may include | ||||||
| 14 | restrictions on attire, clothing, or facial hair to | ||||||
| 15 | maintain workplace safety or food sanitation. | ||||||
| 16 | (F) Training and apprenticeship programs. For any | ||||||
| 17 | employer, employment agency or labor organization to | ||||||
| 18 | discriminate against a person on the basis of age in the | ||||||
| 19 | selection, referral for or conduct of apprenticeship or | ||||||
| 20 | training programs. | ||||||
| 21 | (G) Immigration-related practices. | ||||||
| 22 | (1) for an employer to request for purposes of | ||||||
| 23 | satisfying the requirements of Section 1324a(b) of | ||||||
| 24 | Title 8 of the United States Code, as now or hereafter | ||||||
| 25 | amended, more or different documents than are required | ||||||
| 26 | under such Section or to refuse to honor documents | ||||||
| |||||||
| |||||||
| 1 | tendered that on their face reasonably appear to be | ||||||
| 2 | genuine or to refuse to honor work authorization based | ||||||
| 3 | upon the specific status or term of status that | ||||||
| 4 | accompanies the authorization to work; or | ||||||
| 5 | (2) for an employer participating in the E-Verify | ||||||
| 6 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
| 7 | Programs for Employment Eligibility Confirmation | ||||||
| 8 | (enacted by PL 104-208, div. C title IV, subtitle A) to | ||||||
| 9 | refuse to hire, to segregate, or to act with respect to | ||||||
| 10 | recruitment, hiring, promotion, renewal of employment, | ||||||
| 11 | selection for training or apprenticeship, discharge, | ||||||
| 12 | discipline, tenure or terms, privileges or conditions | ||||||
| 13 | of employment without following the procedures under | ||||||
| 14 | the E-Verify Program. | ||||||
| 15 | (H) (Blank). | ||||||
| 16 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
| 17 | segregate, or to act with respect to recruitment, hiring, | ||||||
| 18 | promotion, renewal of employment, selection for training | ||||||
| 19 | or apprenticeship, discharge, discipline, tenure or terms, | ||||||
| 20 | privileges or conditions of employment on the basis of | ||||||
| 21 | pregnancy, childbirth, or medical or common conditions | ||||||
| 22 | related to pregnancy or childbirth. Women affected by | ||||||
| 23 | pregnancy, childbirth, or medical or common conditions | ||||||
| 24 | related to pregnancy or childbirth shall be treated the | ||||||
| 25 | same for all employment-related purposes, including | ||||||
| 26 | receipt of benefits under fringe benefit programs, as | ||||||
| |||||||
| |||||||
| 1 | other persons not so affected but similar in their ability | ||||||
| 2 | or inability to work, regardless of the source of the | ||||||
| 3 | inability to work or employment classification or status. | ||||||
| 4 | (J) Pregnancy; reasonable accommodations. | ||||||
| 5 | (1) If after a job applicant or employee, | ||||||
| 6 | including a part-time, full-time, or probationary | ||||||
| 7 | employee, requests a reasonable accommodation, for an | ||||||
| 8 | employer to not make reasonable accommodations for any | ||||||
| 9 | medical or common condition of a job applicant or | ||||||
| 10 | employee related to pregnancy or childbirth, unless | ||||||
| 11 | the employer can demonstrate that the accommodation | ||||||
| 12 | would impose an undue hardship on the ordinary | ||||||
| 13 | operation of the business of the employer. The | ||||||
| 14 | employer may request documentation from the employee's | ||||||
| 15 | health care provider concerning the need for the | ||||||
| 16 | requested reasonable accommodation or accommodations | ||||||
| 17 | to the same extent documentation is requested for | ||||||
| 18 | conditions related to disability if the employer's | ||||||
| 19 | request for documentation is job-related and | ||||||
| 20 | consistent with business necessity. The employer may | ||||||
| 21 | require only the medical justification for the | ||||||
| 22 | requested accommodation or accommodations, a | ||||||
| 23 | description of the reasonable accommodation or | ||||||
| 24 | accommodations medically advisable, the date the | ||||||
| 25 | reasonable accommodation or accommodations became | ||||||
| 26 | medically advisable, and the probable duration of the | ||||||
| |||||||
| |||||||
| 1 | reasonable accommodation or accommodations. It is the | ||||||
| 2 | duty of the individual seeking a reasonable | ||||||
| 3 | accommodation or accommodations to submit to the | ||||||
| 4 | employer any documentation that is requested in | ||||||
| 5 | accordance with this paragraph. Notwithstanding the | ||||||
| 6 | provisions of this paragraph, the employer may require | ||||||
| 7 | documentation by the employee's health care provider | ||||||
| 8 | to determine compliance with other laws. The employee | ||||||
| 9 | and employer shall engage in a timely, good faith, and | ||||||
| 10 | meaningful exchange to determine effective reasonable | ||||||
| 11 | accommodations. | ||||||
| 12 | (2) For an employer to deny employment | ||||||
| 13 | opportunities or benefits to or take adverse action | ||||||
| 14 | against an otherwise qualified job applicant or | ||||||
| 15 | employee, including a part-time, full-time, or | ||||||
| 16 | probationary employee, if the denial or adverse action | ||||||
| 17 | is based on the need of the employer to make reasonable | ||||||
| 18 | accommodations to the known medical or common | ||||||
| 19 | conditions related to the pregnancy or childbirth of | ||||||
| 20 | the applicant or employee. | ||||||
| 21 | (3) For an employer to require a job applicant or | ||||||
| 22 | employee, including a part-time, full-time, or | ||||||
| 23 | probationary employee, affected by pregnancy, | ||||||
| 24 | childbirth, or medical or common conditions related to | ||||||
| 25 | pregnancy or childbirth to accept an accommodation | ||||||
| 26 | when the applicant or employee did not request an | ||||||
| |||||||
| |||||||
| 1 | accommodation and the applicant or employee chooses | ||||||
| 2 | not to accept the employer's accommodation. | ||||||
| 3 | (4) For an employer to require an employee, | ||||||
| 4 | including a part-time, full-time, or probationary | ||||||
| 5 | employee, to take leave under any leave law or policy | ||||||
| 6 | of the employer if another reasonable accommodation | ||||||
| 7 | can be provided to the known medical or common | ||||||
| 8 | conditions related to the pregnancy or childbirth of | ||||||
| 9 | an employee. No employer shall fail or refuse to | ||||||
| 10 | reinstate the employee affected by pregnancy, | ||||||
| 11 | childbirth, or medical or common conditions related to | ||||||
| 12 | pregnancy or childbirth to her original job or to an | ||||||
| 13 | equivalent position with equivalent pay and | ||||||
| 14 | accumulated seniority, retirement, fringe benefits, | ||||||
| 15 | and other applicable service credits upon her | ||||||
| 16 | signifying her intent to return or when her need for | ||||||
| 17 | reasonable accommodation ceases, unless the employer | ||||||
| 18 | can demonstrate that the accommodation would impose an | ||||||
| 19 | undue hardship on the ordinary operation of the | ||||||
| 20 | business of the employer. | ||||||
| 21 | For the purposes of this subdivision (J), "reasonable | ||||||
| 22 | accommodations" means reasonable modifications or | ||||||
| 23 | adjustments to the job application process or work | ||||||
| 24 | environment, or to the manner or circumstances under which | ||||||
| 25 | the position desired or held is customarily performed, | ||||||
| 26 | that enable an applicant or employee affected by | ||||||
| |||||||
| |||||||
| 1 | pregnancy, childbirth, or medical or common conditions | ||||||
| 2 | related to pregnancy or childbirth to be considered for | ||||||
| 3 | the position the applicant desires or to perform the | ||||||
| 4 | essential functions of that position, and may include, but | ||||||
| 5 | is not limited to: more frequent or longer bathroom | ||||||
| 6 | breaks, breaks for increased water intake, and breaks for | ||||||
| 7 | periodic rest; private non-bathroom space for expressing | ||||||
| 8 | breast milk and breastfeeding; seating; assistance with | ||||||
| 9 | manual labor; light duty; temporary transfer to a less | ||||||
| 10 | strenuous or hazardous position; the provision of an | ||||||
| 11 | accessible worksite; acquisition or modification of | ||||||
| 12 | equipment; job restructuring; a part-time or modified work | ||||||
| 13 | schedule; appropriate adjustment or modifications of | ||||||
| 14 | examinations, training materials, or policies; | ||||||
| 15 | reassignment to a vacant position; time off to recover | ||||||
| 16 | from conditions related to childbirth; and leave | ||||||
| 17 | necessitated by pregnancy, childbirth, or medical or | ||||||
| 18 | common conditions resulting from pregnancy or childbirth. | ||||||
| 19 | For the purposes of this subdivision (J), "undue | ||||||
| 20 | hardship" means an action that is prohibitively expensive | ||||||
| 21 | or disruptive when considered in light of the following | ||||||
| 22 | factors: (i) the nature and cost of the accommodation | ||||||
| 23 | needed; (ii) the overall financial resources of the | ||||||
| 24 | facility or facilities involved in the provision of the | ||||||
| 25 | reasonable accommodation, the number of persons employed | ||||||
| 26 | at the facility, the effect on expenses and resources, or | ||||||
| |||||||
| |||||||
| 1 | the impact otherwise of the accommodation upon the | ||||||
| 2 | operation of the facility; (iii) the overall financial | ||||||
| 3 | resources of the employer, the overall size of the | ||||||
| 4 | business of the employer with respect to the number of its | ||||||
| 5 | employees, and the number, type, and location of its | ||||||
| 6 | facilities; and (iv) the type of operation or operations | ||||||
| 7 | of the employer, including the composition, structure, and | ||||||
| 8 | functions of the workforce of the employer, the geographic | ||||||
| 9 | separateness, administrative, or fiscal relationship of | ||||||
| 10 | the facility or facilities in question to the employer. | ||||||
| 11 | The employer has the burden of proving undue hardship. The | ||||||
| 12 | fact that the employer provides or would be required to | ||||||
| 13 | provide a similar accommodation to similarly situated | ||||||
| 14 | employees creates a rebuttable presumption that the | ||||||
| 15 | accommodation does not impose an undue hardship on the | ||||||
| 16 | employer. | ||||||
| 17 | No employer is required by this subdivision (J) to | ||||||
| 18 | create additional employment that the employer would not | ||||||
| 19 | otherwise have created, unless the employer does so or | ||||||
| 20 | would do so for other classes of employees who need | ||||||
| 21 | accommodation. The employer is not required to discharge | ||||||
| 22 | any employee, transfer any employee with more seniority, | ||||||
| 23 | or promote any employee who is not qualified to perform | ||||||
| 24 | the job, unless the employer does so or would do so to | ||||||
| 25 | accommodate other classes of employees who need it. | ||||||
| 26 | (K) Notice. | ||||||
| |||||||
| |||||||
| 1 | (1) For an employer to fail to post or keep posted | ||||||
| 2 | in a conspicuous location on the premises of the | ||||||
| 3 | employer where notices to employees are customarily | ||||||
| 4 | posted, or fail to include in any employee handbook | ||||||
| 5 | information concerning an employee's rights under this | ||||||
| 6 | Article, a notice, to be prepared or approved by the | ||||||
| 7 | Department, summarizing the requirements of this | ||||||
| 8 | Article and information pertaining to the filing of a | ||||||
| 9 | charge, including the right to be free from unlawful | ||||||
| 10 | discrimination, the right to be free from sexual | ||||||
| 11 | harassment, and the right to certain reasonable | ||||||
| 12 | accommodations. The Department shall make the | ||||||
| 13 | documents required under this paragraph available for | ||||||
| 14 | retrieval from the Department's website. | ||||||
| 15 | (2) Upon notification of a violation of paragraph | ||||||
| 16 | (1) of this subdivision (K), the Department may launch | ||||||
| 17 | a preliminary investigation. If the Department finds a | ||||||
| 18 | violation, the Department may issue a notice to show | ||||||
| 19 | cause giving the employer 30 days to correct the | ||||||
| 20 | violation. If the violation is not corrected, the | ||||||
| 21 | Department may initiate a charge of a civil rights | ||||||
| 22 | violation. | ||||||
| 23 | (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25; | ||||||
| 24 | revised 10-7-24.)
| ||||||
| 25 | (Text of Section after amendment by P.A. 103-804) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2-102. Civil rights violations; employment violations - | ||||||
| 2 | employment. It is a civil rights violation: | ||||||
| 3 | (A) Employers. For any employer to refuse to hire, to | ||||||
| 4 | segregate, to engage in harassment as defined in | ||||||
| 5 | subsection (E-1) of Section 2-101, or to act with respect | ||||||
| 6 | to recruitment, hiring, promotion, renewal of employment, | ||||||
| 7 | selection for training or apprenticeship, discharge, | ||||||
| 8 | discipline, tenure or terms, privileges or conditions of | ||||||
| 9 | employment on the basis of unlawful discrimination, | ||||||
| 10 | citizenship status, work authorization status, or family | ||||||
| 11 | responsibilities. An employer is responsible for | ||||||
| 12 | harassment by the employer's nonmanagerial and | ||||||
| 13 | nonsupervisory employees only if the employer becomes | ||||||
| 14 | aware of the conduct and fails to take reasonable | ||||||
| 15 | corrective measures. | ||||||
| 16 | (A-5) Language. For an employer to impose a | ||||||
| 17 | restriction that has the effect of prohibiting a language | ||||||
| 18 | from being spoken by an employee in communications that | ||||||
| 19 | are unrelated to the employee's duties. | ||||||
| 20 | For the purposes of this subdivision (A-5), "language" | ||||||
| 21 | means a person's native tongue, such as Polish, Spanish, | ||||||
| 22 | or Chinese. "Language" does not include such things as | ||||||
| 23 | slang, jargon, profanity, or vulgarity. | ||||||
| 24 | (A-10) Harassment of nonemployees. For any employer, | ||||||
| 25 | employment agency, or labor organization to engage in | ||||||
| 26 | harassment of nonemployees in the workplace. An employer | ||||||
| |||||||
| |||||||
| 1 | is responsible for harassment of nonemployees by the | ||||||
| 2 | employer's nonmanagerial and nonsupervisory employees only | ||||||
| 3 | if the employer becomes aware of the conduct and fails to | ||||||
| 4 | take reasonable corrective measures. For the purposes of | ||||||
| 5 | this subdivision (A-10), "nonemployee" means a person who | ||||||
| 6 | is not otherwise an employee of the employer and is | ||||||
| 7 | directly performing services for the employer pursuant to | ||||||
| 8 | a contract with that employer. "Nonemployee" includes | ||||||
| 9 | contractors and consultants. This subdivision applies to | ||||||
| 10 | harassment occurring on or after January 1, 2020 (the | ||||||
| 11 | effective date of Public Act 101-221) this amendatory Act | ||||||
| 12 | of the 101st General Assembly. | ||||||
| 13 | (B) Employment agency. For any employment agency to | ||||||
| 14 | fail or refuse to classify properly, accept applications | ||||||
| 15 | and register for employment referral or apprenticeship | ||||||
| 16 | referral, refer for employment, or refer for | ||||||
| 17 | apprenticeship on the basis of unlawful discrimination, | ||||||
| 18 | citizenship status, work authorization status, or family | ||||||
| 19 | responsibilities or to accept from any person any job | ||||||
| 20 | order, requisition or request for referral of applicants | ||||||
| 21 | for employment or apprenticeship which makes or has the | ||||||
| 22 | effect of making unlawful discrimination or discrimination | ||||||
| 23 | on the basis of citizenship status, work authorization | ||||||
| 24 | status, or family responsibilities a condition of | ||||||
| 25 | referral. | ||||||
| 26 | (C) Labor organization. For any labor organization to | ||||||
| |||||||
| |||||||
| 1 | limit, segregate or classify its membership, or to limit | ||||||
| 2 | employment opportunities, selection and training for | ||||||
| 3 | apprenticeship in any trade or craft, or otherwise to | ||||||
| 4 | take, or fail to take, any action which affects adversely | ||||||
| 5 | any person's status as an employee or as an applicant for | ||||||
| 6 | employment or as an apprentice, or as an applicant for | ||||||
| 7 | apprenticeships, or wages, tenure, hours of employment or | ||||||
| 8 | apprenticeship conditions on the basis of unlawful | ||||||
| 9 | discrimination, citizenship status, work authorization | ||||||
| 10 | status, or family responsibilities. | ||||||
| 11 | (D) Sexual harassment. For any employer, employee, | ||||||
| 12 | agent of any employer, employment agency or labor | ||||||
| 13 | organization to engage in sexual harassment; provided, | ||||||
| 14 | that an employer shall be responsible for sexual | ||||||
| 15 | harassment of the employer's employees by nonemployees or | ||||||
| 16 | nonmanagerial and nonsupervisory employees only if the | ||||||
| 17 | employer becomes aware of the conduct and fails to take | ||||||
| 18 | reasonable corrective measures. | ||||||
| 19 | (D-5) Sexual harassment of nonemployees. For any | ||||||
| 20 | employer, employee, agent of any employer, employment | ||||||
| 21 | agency, or labor organization to engage in sexual | ||||||
| 22 | harassment of nonemployees in the workplace. An employer | ||||||
| 23 | is responsible for sexual harassment of nonemployees by | ||||||
| 24 | the employer's nonmanagerial and nonsupervisory employees | ||||||
| 25 | only if the employer becomes aware of the conduct and | ||||||
| 26 | fails to take reasonable corrective measures. For the | ||||||
| |||||||
| |||||||
| 1 | purposes of this subdivision (D-5), "nonemployee" means a | ||||||
| 2 | person who is not otherwise an employee of the employer | ||||||
| 3 | and is directly performing services for the employer | ||||||
| 4 | pursuant to a contract with that employer. "Nonemployee" | ||||||
| 5 | includes contractors and consultants. This subdivision | ||||||
| 6 | applies to sexual harassment occurring on or after January | ||||||
| 7 | 1, 2020 (the effective date of Public Act 101-221) this | ||||||
| 8 | amendatory Act of the 101st General Assembly. | ||||||
| 9 | (E) Public employers. For any public employer to | ||||||
| 10 | refuse to permit a public employee under its jurisdiction | ||||||
| 11 | who takes time off from work in order to practice his or | ||||||
| 12 | her religious beliefs to engage in work, during hours | ||||||
| 13 | other than such employee's regular working hours, | ||||||
| 14 | consistent with the operational needs of the employer and | ||||||
| 15 | in order to compensate for work time lost for such | ||||||
| 16 | religious reasons. Any employee who elects such deferred | ||||||
| 17 | work shall be compensated at the wage rate which he or she | ||||||
| 18 | would have earned during the originally scheduled work | ||||||
| 19 | period. The employer may require that an employee who | ||||||
| 20 | plans to take time off from work in order to practice his | ||||||
| 21 | or her religious beliefs provide the employer with a | ||||||
| 22 | notice of his or her intention to be absent from work not | ||||||
| 23 | exceeding 5 days prior to the date of absence. | ||||||
| 24 | (E-5) Religious discrimination. For any employer to | ||||||
| 25 | impose upon a person as a condition of obtaining or | ||||||
| 26 | retaining employment, including opportunities for | ||||||
| |||||||
| |||||||
| 1 | promotion, advancement, or transfer, any terms or | ||||||
| 2 | conditions that would require such person to violate or | ||||||
| 3 | forgo a sincerely held practice of his or her religion | ||||||
| 4 | including, but not limited to, the wearing of any attire, | ||||||
| 5 | clothing, or facial hair in accordance with the | ||||||
| 6 | requirements of his or her religion, unless, after | ||||||
| 7 | engaging in a bona fide effort, the employer demonstrates | ||||||
| 8 | that it is unable to reasonably accommodate the employee's | ||||||
| 9 | or prospective employee's sincerely held religious belief, | ||||||
| 10 | practice, or observance without undue hardship on the | ||||||
| 11 | conduct of the employer's business. | ||||||
| 12 | Nothing in this Section prohibits an employer from | ||||||
| 13 | enacting a dress code or grooming policy that may include | ||||||
| 14 | restrictions on attire, clothing, or facial hair to | ||||||
| 15 | maintain workplace safety or food sanitation. | ||||||
| 16 | (F) Training and apprenticeship programs. For any | ||||||
| 17 | employer, employment agency or labor organization to | ||||||
| 18 | discriminate against a person on the basis of age in the | ||||||
| 19 | selection, referral for or conduct of apprenticeship or | ||||||
| 20 | training programs. | ||||||
| 21 | (G) Immigration-related practices. | ||||||
| 22 | (1) for an employer to request for purposes of | ||||||
| 23 | satisfying the requirements of Section 1324a(b) of | ||||||
| 24 | Title 8 of the United States Code, as now or hereafter | ||||||
| 25 | amended, more or different documents than are required | ||||||
| 26 | under such Section or to refuse to honor documents | ||||||
| |||||||
| |||||||
| 1 | tendered that on their face reasonably appear to be | ||||||
| 2 | genuine or to refuse to honor work authorization based | ||||||
| 3 | upon the specific status or term of status that | ||||||
| 4 | accompanies the authorization to work; or | ||||||
| 5 | (2) for an employer participating in the E-Verify | ||||||
| 6 | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||||||
| 7 | Programs for Employment Eligibility Confirmation | ||||||
| 8 | (enacted by PL 104-208, div. C title IV, subtitle A) to | ||||||
| 9 | refuse to hire, to segregate, or to act with respect to | ||||||
| 10 | recruitment, hiring, promotion, renewal of employment, | ||||||
| 11 | selection for training or apprenticeship, discharge, | ||||||
| 12 | discipline, tenure or terms, privileges or conditions | ||||||
| 13 | of employment without following the procedures under | ||||||
| 14 | the E-Verify Program. | ||||||
| 15 | (H) (Blank). | ||||||
| 16 | (I) Pregnancy. For an employer to refuse to hire, to | ||||||
| 17 | segregate, or to act with respect to recruitment, hiring, | ||||||
| 18 | promotion, renewal of employment, selection for training | ||||||
| 19 | or apprenticeship, discharge, discipline, tenure or terms, | ||||||
| 20 | privileges or conditions of employment on the basis of | ||||||
| 21 | pregnancy, childbirth, or medical or common conditions | ||||||
| 22 | related to pregnancy or childbirth. Women affected by | ||||||
| 23 | pregnancy, childbirth, or medical or common conditions | ||||||
| 24 | related to pregnancy or childbirth shall be treated the | ||||||
| 25 | same for all employment-related purposes, including | ||||||
| 26 | receipt of benefits under fringe benefit programs, as | ||||||
| |||||||
| |||||||
| 1 | other persons not so affected but similar in their ability | ||||||
| 2 | or inability to work, regardless of the source of the | ||||||
| 3 | inability to work or employment classification or status. | ||||||
| 4 | (J) Pregnancy; reasonable accommodations. | ||||||
| 5 | (1) If after a job applicant or employee, | ||||||
| 6 | including a part-time, full-time, or probationary | ||||||
| 7 | employee, requests a reasonable accommodation, for an | ||||||
| 8 | employer to not make reasonable accommodations for any | ||||||
| 9 | medical or common condition of a job applicant or | ||||||
| 10 | employee related to pregnancy or childbirth, unless | ||||||
| 11 | the employer can demonstrate that the accommodation | ||||||
| 12 | would impose an undue hardship on the ordinary | ||||||
| 13 | operation of the business of the employer. The | ||||||
| 14 | employer may request documentation from the employee's | ||||||
| 15 | health care provider concerning the need for the | ||||||
| 16 | requested reasonable accommodation or accommodations | ||||||
| 17 | to the same extent documentation is requested for | ||||||
| 18 | conditions related to disability if the employer's | ||||||
| 19 | request for documentation is job-related and | ||||||
| 20 | consistent with business necessity. The employer may | ||||||
| 21 | require only the medical justification for the | ||||||
| 22 | requested accommodation or accommodations, a | ||||||
| 23 | description of the reasonable accommodation or | ||||||
| 24 | accommodations medically advisable, the date the | ||||||
| 25 | reasonable accommodation or accommodations became | ||||||
| 26 | medically advisable, and the probable duration of the | ||||||
| |||||||
| |||||||
| 1 | reasonable accommodation or accommodations. It is the | ||||||
| 2 | duty of the individual seeking a reasonable | ||||||
| 3 | accommodation or accommodations to submit to the | ||||||
| 4 | employer any documentation that is requested in | ||||||
| 5 | accordance with this paragraph. Notwithstanding the | ||||||
| 6 | provisions of this paragraph, the employer may require | ||||||
| 7 | documentation by the employee's health care provider | ||||||
| 8 | to determine compliance with other laws. The employee | ||||||
| 9 | and employer shall engage in a timely, good faith, and | ||||||
| 10 | meaningful exchange to determine effective reasonable | ||||||
| 11 | accommodations. | ||||||
| 12 | (2) For an employer to deny employment | ||||||
| 13 | opportunities or benefits to or take adverse action | ||||||
| 14 | against an otherwise qualified job applicant or | ||||||
| 15 | employee, including a part-time, full-time, or | ||||||
| 16 | probationary employee, if the denial or adverse action | ||||||
| 17 | is based on the need of the employer to make reasonable | ||||||
| 18 | accommodations to the known medical or common | ||||||
| 19 | conditions related to the pregnancy or childbirth of | ||||||
| 20 | the applicant or employee. | ||||||
| 21 | (3) For an employer to require a job applicant or | ||||||
| 22 | employee, including a part-time, full-time, or | ||||||
| 23 | probationary employee, affected by pregnancy, | ||||||
| 24 | childbirth, or medical or common conditions related to | ||||||
| 25 | pregnancy or childbirth to accept an accommodation | ||||||
| 26 | when the applicant or employee did not request an | ||||||
| |||||||
| |||||||
| 1 | accommodation and the applicant or employee chooses | ||||||
| 2 | not to accept the employer's accommodation. | ||||||
| 3 | (4) For an employer to require an employee, | ||||||
| 4 | including a part-time, full-time, or probationary | ||||||
| 5 | employee, to take leave under any leave law or policy | ||||||
| 6 | of the employer if another reasonable accommodation | ||||||
| 7 | can be provided to the known medical or common | ||||||
| 8 | conditions related to the pregnancy or childbirth of | ||||||
| 9 | an employee. No employer shall fail or refuse to | ||||||
| 10 | reinstate the employee affected by pregnancy, | ||||||
| 11 | childbirth, or medical or common conditions related to | ||||||
| 12 | pregnancy or childbirth to her original job or to an | ||||||
| 13 | equivalent position with equivalent pay and | ||||||
| 14 | accumulated seniority, retirement, fringe benefits, | ||||||
| 15 | and other applicable service credits upon her | ||||||
| 16 | signifying her intent to return or when her need for | ||||||
| 17 | reasonable accommodation ceases, unless the employer | ||||||
| 18 | can demonstrate that the accommodation would impose an | ||||||
| 19 | undue hardship on the ordinary operation of the | ||||||
| 20 | business of the employer. | ||||||
| 21 | For the purposes of this subdivision (J), "reasonable | ||||||
| 22 | accommodations" means reasonable modifications or | ||||||
| 23 | adjustments to the job application process or work | ||||||
| 24 | environment, or to the manner or circumstances under which | ||||||
| 25 | the position desired or held is customarily performed, | ||||||
| 26 | that enable an applicant or employee affected by | ||||||
| |||||||
| |||||||
| 1 | pregnancy, childbirth, or medical or common conditions | ||||||
| 2 | related to pregnancy or childbirth to be considered for | ||||||
| 3 | the position the applicant desires or to perform the | ||||||
| 4 | essential functions of that position, and may include, but | ||||||
| 5 | is not limited to: more frequent or longer bathroom | ||||||
| 6 | breaks, breaks for increased water intake, and breaks for | ||||||
| 7 | periodic rest; private non-bathroom space for expressing | ||||||
| 8 | breast milk and breastfeeding; seating; assistance with | ||||||
| 9 | manual labor; light duty; temporary transfer to a less | ||||||
| 10 | strenuous or hazardous position; the provision of an | ||||||
| 11 | accessible worksite; acquisition or modification of | ||||||
| 12 | equipment; job restructuring; a part-time or modified work | ||||||
| 13 | schedule; appropriate adjustment or modifications of | ||||||
| 14 | examinations, training materials, or policies; | ||||||
| 15 | reassignment to a vacant position; time off to recover | ||||||
| 16 | from conditions related to childbirth; and leave | ||||||
| 17 | necessitated by pregnancy, childbirth, or medical or | ||||||
| 18 | common conditions resulting from pregnancy or childbirth. | ||||||
| 19 | For the purposes of this subdivision (J), "undue | ||||||
| 20 | hardship" means an action that is prohibitively expensive | ||||||
| 21 | or disruptive when considered in light of the following | ||||||
| 22 | factors: (i) the nature and cost of the accommodation | ||||||
| 23 | needed; (ii) the overall financial resources of the | ||||||
| 24 | facility or facilities involved in the provision of the | ||||||
| 25 | reasonable accommodation, the number of persons employed | ||||||
| 26 | at the facility, the effect on expenses and resources, or | ||||||
| |||||||
| |||||||
| 1 | the impact otherwise of the accommodation upon the | ||||||
| 2 | operation of the facility; (iii) the overall financial | ||||||
| 3 | resources of the employer, the overall size of the | ||||||
| 4 | business of the employer with respect to the number of its | ||||||
| 5 | employees, and the number, type, and location of its | ||||||
| 6 | facilities; and (iv) the type of operation or operations | ||||||
| 7 | of the employer, including the composition, structure, and | ||||||
| 8 | functions of the workforce of the employer, the geographic | ||||||
| 9 | separateness, administrative, or fiscal relationship of | ||||||
| 10 | the facility or facilities in question to the employer. | ||||||
| 11 | The employer has the burden of proving undue hardship. The | ||||||
| 12 | fact that the employer provides or would be required to | ||||||
| 13 | provide a similar accommodation to similarly situated | ||||||
| 14 | employees creates a rebuttable presumption that the | ||||||
| 15 | accommodation does not impose an undue hardship on the | ||||||
| 16 | employer. | ||||||
| 17 | No employer is required by this subdivision (J) to | ||||||
| 18 | create additional employment that the employer would not | ||||||
| 19 | otherwise have created, unless the employer does so or | ||||||
| 20 | would do so for other classes of employees who need | ||||||
| 21 | accommodation. The employer is not required to discharge | ||||||
| 22 | any employee, transfer any employee with more seniority, | ||||||
| 23 | or promote any employee who is not qualified to perform | ||||||
| 24 | the job, unless the employer does so or would do so to | ||||||
| 25 | accommodate other classes of employees who need it. | ||||||
| 26 | (K) Notice. | ||||||
| |||||||
| |||||||
| 1 | (1) For an employer to fail to post or keep posted | ||||||
| 2 | in a conspicuous location on the premises of the | ||||||
| 3 | employer where notices to employees are customarily | ||||||
| 4 | posted, or fail to include in any employee handbook | ||||||
| 5 | information concerning an employee's rights under this | ||||||
| 6 | Article, a notice, to be prepared or approved by the | ||||||
| 7 | Department, summarizing the requirements of this | ||||||
| 8 | Article and information pertaining to the filing of a | ||||||
| 9 | charge, including the right to be free from unlawful | ||||||
| 10 | discrimination, the right to be free from sexual | ||||||
| 11 | harassment, and the right to certain reasonable | ||||||
| 12 | accommodations. The Department shall make the | ||||||
| 13 | documents required under this paragraph available for | ||||||
| 14 | retrieval from the Department's website. | ||||||
| 15 | (2) Upon notification of a violation of paragraph | ||||||
| 16 | (1) of this subdivision (K), the Department may launch | ||||||
| 17 | a preliminary investigation. If the Department finds a | ||||||
| 18 | violation, the Department may issue a notice to show | ||||||
| 19 | cause giving the employer 30 days to correct the | ||||||
| 20 | violation. If the violation is not corrected, the | ||||||
| 21 | Department may initiate a charge of a civil rights | ||||||
| 22 | violation. | ||||||
| 23 | (L) Use of artificial intelligence. | ||||||
| 24 | (1) With respect to recruitment, hiring, | ||||||
| 25 | promotion, renewal of employment, selection for | ||||||
| 26 | training or apprenticeship, discharge, discipline, | ||||||
| |||||||
| |||||||
| 1 | tenure, or the terms, privileges, or conditions of | ||||||
| 2 | employment, for an employer to use artificial | ||||||
| 3 | intelligence that has the effect of subjecting | ||||||
| 4 | employees to discrimination on the basis of protected | ||||||
| 5 | classes under this Article or to use zip codes as a | ||||||
| 6 | proxy for protected classes under this Article. | ||||||
| 7 | (2) For an employer to fail to provide notice to an | ||||||
| 8 | employee that the employer is using artificial | ||||||
| 9 | intelligence for the purposes described in paragraph | ||||||
| 10 | (1). | ||||||
| 11 | The Department shall adopt any rules necessary for the | ||||||
| 12 | implementation and enforcement of this subdivision, | ||||||
| 13 | including, but not limited to, rules on the circumstances | ||||||
| 14 | and conditions that require notice, the time period for | ||||||
| 15 | providing notice, and the means for providing notice. | ||||||
| 16 | (Source: P.A. 102-233, eff. 8-2-21; 103-797, eff. 1-1-25; | ||||||
| 17 | 103-804, eff. 1-1-26; revised 11-26-24.)
| ||||||
| 18 | (775 ILCS 5/2-108) | ||||||
| 19 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 20 | Sec. 2-108. Employer disclosure requirements. | ||||||
| 21 | (A) Definitions. The following definitions are applicable | ||||||
| 22 | strictly to this Section: | ||||||
| 23 | (1) "Employer" means: | ||||||
| 24 | (a) any person employing one or more employees | ||||||
| 25 | within this State; | ||||||
| |||||||
| |||||||
| 1 | (b) a labor organization; or | ||||||
| 2 | (c) the State and any political subdivision, | ||||||
| 3 | municipal corporation, or other governmental unit or | ||||||
| 4 | agency, without regard to the number of employees. | ||||||
| 5 | (2) "Settlement" means any written commitment or | ||||||
| 6 | written agreement, including any agreed judgment, | ||||||
| 7 | stipulation, decree, agreement to settle, assurance of | ||||||
| 8 | discontinuance, or otherwise between an employee, as | ||||||
| 9 | defined by subsection (A) of Section 2-101, or a | ||||||
| 10 | nonemployee to whom an employer owes a duty under this Act | ||||||
| 11 | pursuant to subsection (A-10) or (D-5) of Section 2-102, | ||||||
| 12 | and an employer under which the employer directly or | ||||||
| 13 | indirectly provides to an individual compensation or other | ||||||
| 14 | consideration due to an allegation that the individual has | ||||||
| 15 | been a victim of sexual harassment or unlawful | ||||||
| 16 | discrimination under this Act. | ||||||
| 17 | (3) "Adverse judgment or administrative ruling" means | ||||||
| 18 | any final and non-appealable adverse judgment or final and | ||||||
| 19 | non-appealable administrative ruling entered in favor of | ||||||
| 20 | an employee as defined by subsection (A) of Section 2-101 | ||||||
| 21 | or a nonemployee to whom an employer owes a duty under this | ||||||
| 22 | Act pursuant to subsection (A-10) or (D-5) of Section | ||||||
| 23 | 2-102, and against the employer during the preceding year | ||||||
| 24 | in which there was a finding of sexual harassment or | ||||||
| 25 | unlawful discrimination brought under this Act, Title VII | ||||||
| 26 | of the Civil Rights Act of 1964, or any other federal, | ||||||
| |||||||
| |||||||
| 1 | State, or local law prohibiting sexual harassment or | ||||||
| 2 | unlawful discrimination. | ||||||
| 3 | (B) Required disclosures. Beginning July 1, 2020, and by | ||||||
| 4 | each July 1 thereafter, each employer that had an adverse | ||||||
| 5 | judgment or administrative ruling against it in the preceding | ||||||
| 6 | calendar year, as provided in this Section, shall disclose | ||||||
| 7 | annually to the Department of Human Rights the following | ||||||
| 8 | information: | ||||||
| 9 | (1) the total number of adverse judgments or | ||||||
| 10 | administrative rulings during the preceding year; | ||||||
| 11 | (2) whether any equitable relief was ordered against | ||||||
| 12 | the employer in any adverse judgment or administrative | ||||||
| 13 | ruling described in paragraph (1); | ||||||
| 14 | (3) how many adverse judgments or administrative | ||||||
| 15 | rulings described in paragraph (1) are in each of the | ||||||
| 16 | following categories: | ||||||
| 17 | (a) sexual harassment; | ||||||
| 18 | (b) discrimination or harassment on the basis of | ||||||
| 19 | sex; | ||||||
| 20 | (c) discrimination or harassment on the basis of | ||||||
| 21 | race, color, or national origin; | ||||||
| 22 | (d) discrimination or harassment on the basis of | ||||||
| 23 | religion; | ||||||
| 24 | (e) discrimination or harassment on the basis of | ||||||
| 25 | age; | ||||||
| 26 | (f) discrimination or harassment on the basis of | ||||||
| |||||||
| |||||||
| 1 | disability; | ||||||
| 2 | (g) discrimination or harassment on the basis of | ||||||
| 3 | military status or unfavorable discharge from military | ||||||
| 4 | status; | ||||||
| 5 | (h) discrimination or harassment on the basis of | ||||||
| 6 | sexual orientation or gender identity; and | ||||||
| 7 | (i) discrimination or harassment on the basis of | ||||||
| 8 | any other characteristic protected under this Act. | ||||||
| 9 | (C) Settlements. If the Department is investigating a | ||||||
| 10 | charge filed pursuant to this Act, the Department may request | ||||||
| 11 | the employer responding to the charge to submit the total | ||||||
| 12 | number of settlements entered into during the preceding 5 | ||||||
| 13 | years, or less at the direction of the Department, that relate | ||||||
| 14 | to any alleged act of sexual harassment or unlawful | ||||||
| 15 | discrimination that: | ||||||
| 16 | (1) occurred in the workplace of the employer; or | ||||||
| 17 | (2) involved the behavior of an employee of the | ||||||
| 18 | employer or a corporate executive of the employer, without | ||||||
| 19 | regard to whether that behavior occurred in the workplace | ||||||
| 20 | of the employer. | ||||||
| 21 | The total number of settlements entered into during the | ||||||
| 22 | requested period shall be reported along with how many | ||||||
| 23 | settlements are in each of the following categories, when | ||||||
| 24 | requested by the Department pursuant to this subsection: | ||||||
| 25 | (a) sexual harassment; | ||||||
| 26 | (b) discrimination or harassment on the basis of sex; | ||||||
| |||||||
| |||||||
| 1 | (c) discrimination or harassment on the basis of race, | ||||||
| 2 | color, or national origin; | ||||||
| 3 | (d) discrimination or harassment on the basis of | ||||||
| 4 | religion; | ||||||
| 5 | (e) discrimination or harassment on the basis of age; | ||||||
| 6 | (f) discrimination or harassment on the basis of | ||||||
| 7 | disability; | ||||||
| 8 | (g) discrimination or harassment on the basis of | ||||||
| 9 | military status or unfavorable discharge from military | ||||||
| 10 | status; | ||||||
| 11 | (h) discrimination or harassment on the basis of | ||||||
| 12 | sexual orientation or gender identity; and | ||||||
| 13 | (i) discrimination or harassment on the basis of any | ||||||
| 14 | other characteristic protected under this Act. ; | ||||||
| 15 | The Department shall not rely on the existence of any | ||||||
| 16 | settlement agreement to support a finding of substantial | ||||||
| 17 | evidence under this Act. | ||||||
| 18 | (D) Prohibited disclosures. An employer may not disclose | ||||||
| 19 | the name of a victim of an act of alleged sexual harassment or | ||||||
| 20 | unlawful discrimination in any disclosures required under this | ||||||
| 21 | Section. | ||||||
| 22 | (E) Annual report. The Department shall publish an annual | ||||||
| 23 | report aggregating the information reported by employers under | ||||||
| 24 | subsection (B) of this Section such that no individual | ||||||
| 25 | employer data is available to the public. The report shall | ||||||
| 26 | include the number of adverse judgments or administrative | ||||||
| |||||||
| |||||||
| 1 | rulings filed during the preceding calendar year based on each | ||||||
| 2 | of the protected classes identified by this Act. | ||||||
| 3 | The report shall be filed with the General Assembly and | ||||||
| 4 | made available to the public by December 31 of each reporting | ||||||
| 5 | year. Data submitted by an employer to comply with this | ||||||
| 6 | Section is confidential and exempt from the Freedom of | ||||||
| 7 | Information Act. | ||||||
| 8 | (F) Failure to report and penalties. If an employer fails | ||||||
| 9 | to make any disclosures required under this Section, the | ||||||
| 10 | Department shall issue a notice to show cause giving the | ||||||
| 11 | employer 30 days to disclose the required information. If the | ||||||
| 12 | employer does not make the required disclosures within 30 | ||||||
| 13 | days, the Department shall petition the Illinois Human Rights | ||||||
| 14 | Commission for entry of an order imposing a civil penalty | ||||||
| 15 | against the employer pursuant to Section 8-109.1. The civil | ||||||
| 16 | penalty shall be paid into the Department of Human Rights' | ||||||
| 17 | Training and Development Fund. | ||||||
| 18 | (G) Rules. The Department shall adopt any rules it deems | ||||||
| 19 | necessary for implementation of this Section. | ||||||
| 20 | (H) This Section is repealed on January 1, 2030. | ||||||
| 21 | (Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21; | ||||||
| 22 | revised 7-24-24.)
| ||||||
| 23 | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106) | ||||||
| 24 | Sec. 3-106. Exemptions. Nothing contained in Section 3-102 | ||||||
| 25 | shall prohibit: | ||||||
| |||||||
| |||||||
| 1 | (A) Private Sales of Single Family Homes. | ||||||
| 2 | (1) Any sale of a single family home by its owner so | ||||||
| 3 | long as the following criteria are met: | ||||||
| 4 | (a) The owner does not own or have a beneficial | ||||||
| 5 | interest in more than 3 single family homes at the time | ||||||
| 6 | of the sale; | ||||||
| 7 | (b) The owner or a member of the owner's family was | ||||||
| 8 | the last current resident of the home; | ||||||
| 9 | (c) The home is sold without the use in any manner | ||||||
| 10 | of the sales or rental facilities or services of any | ||||||
| 11 | real estate broker or salesman, or of any employee or | ||||||
| 12 | agent of any real estate broker or salesman; | ||||||
| 13 | (d) The home is sold without the publication, | ||||||
| 14 | posting or mailing, after notice, of any advertisement | ||||||
| 15 | or written notice in violation of paragraph (F) of | ||||||
| 16 | Section 3-102. | ||||||
| 17 | (2) This exemption does not apply to paragraph (F) of | ||||||
| 18 | Section 3-102. | ||||||
| 19 | (B) Apartments. Rental of a housing accommodation in a | ||||||
| 20 | building which contains housing accommodations for not more | ||||||
| 21 | than 4 families living independently of each other, if the | ||||||
| 22 | owner resides in one of the housing accommodations. This | ||||||
| 23 | exemption does not apply to paragraph (F) of Section 3-102. | ||||||
| 24 | (C) Private Rooms. Rental of a room or rooms in a private | ||||||
| 25 | home by an owner if the owner or a member of the owner's family | ||||||
| 26 | resides therein or, while absent for a period of not more than | ||||||
| |||||||
| |||||||
| 1 | 12 months, if the owner or a member of the owner's family | ||||||
| 2 | intends to return to reside therein. This exemption does not | ||||||
| 3 | apply to paragraph (F) of Section 3-102. | ||||||
| 4 | (D) Reasonable local, State, or federal Federal | ||||||
| 5 | restrictions regarding the maximum number of occupants | ||||||
| 6 | permitted to occupy a dwelling. | ||||||
| 7 | (E) Religious Organizations. A religious organization, | ||||||
| 8 | association, or society, or any nonprofit institution or | ||||||
| 9 | organization operated, supervised, or controlled by or in | ||||||
| 10 | conjunction with a religious organization, association, or | ||||||
| 11 | society, from limiting the sale, rental, or occupancy of a | ||||||
| 12 | dwelling which it owns or operates for other than a commercial | ||||||
| 13 | purpose to persons of the same religion, or from giving | ||||||
| 14 | preference to such persons, unless membership in such religion | ||||||
| 15 | is restricted on account of race, color, or national origin. | ||||||
| 16 | (F) Sex. Restricting the rental of rooms in a housing | ||||||
| 17 | accommodation to persons of one sex. | ||||||
| 18 | (G) Persons Convicted of Drug-Related Offenses. Conduct | ||||||
| 19 | against a person because such person has been convicted by any | ||||||
| 20 | court of competent jurisdiction of the illegal manufacture or | ||||||
| 21 | distribution of a controlled substance as defined in Section | ||||||
| 22 | 102 of the federal Controlled Substances Act (21 U.S.C. 802). | ||||||
| 23 | (H) Persons engaged in the business of furnishing | ||||||
| 24 | appraisals of real property from taking into consideration | ||||||
| 25 | factors other than those based on unlawful discrimination or | ||||||
| 26 | familial status or source of income in furnishing appraisals. | ||||||
| |||||||
| |||||||
| 1 | (H-1) The owner of an owner-occupied residential building | ||||||
| 2 | with 4 or fewer units (including the unit in which the owner | ||||||
| 3 | resides) from making decisions regarding whether to rent to a | ||||||
| 4 | person based upon that person's sexual orientation. | ||||||
| 5 | (I) Housing for Older Persons. No provision in this | ||||||
| 6 | Article regarding familial status shall apply with respect to | ||||||
| 7 | housing for older persons. | ||||||
| 8 | (1) As used in this Section, "housing for older | ||||||
| 9 | persons" means housing: | ||||||
| 10 | (a) provided under any State or federal Federal | ||||||
| 11 | program that the Department determines is specifically | ||||||
| 12 | designed and operated to assist elderly persons (as | ||||||
| 13 | defined in the State or federal Federal program); or | ||||||
| 14 | (b) intended for, and solely occupied by, persons | ||||||
| 15 | 62 years of age or older; or | ||||||
| 16 | (c) intended and operated for occupancy by persons | ||||||
| 17 | 55 years of age or older and: | ||||||
| 18 | (i) at least 80% of the occupied units are | ||||||
| 19 | occupied by at least one person who is 55 years of | ||||||
| 20 | age or older; | ||||||
| 21 | (ii) the housing facility or community | ||||||
| 22 | publishes and adheres to policies and procedures | ||||||
| 23 | that demonstrate the intent required under this | ||||||
| 24 | subparagraph subdivision (c); and | ||||||
| 25 | (iii) the housing facility or community | ||||||
| 26 | complies with rules adopted by the Department for | ||||||
| |||||||
| |||||||
| 1 | verification of occupancy, which shall: | ||||||
| 2 | (aa) provide for verification by reliable | ||||||
| 3 | surveys and affidavits; and | ||||||
| 4 | (bb) include examples of the types of | ||||||
| 5 | policies and procedures relevant to a | ||||||
| 6 | determination of compliance with the | ||||||
| 7 | requirement of clause (ii). | ||||||
| 8 | These surveys and affidavits shall be admissible in | ||||||
| 9 | administrative and judicial proceedings for the purposes | ||||||
| 10 | of such verification. | ||||||
| 11 | (2) Housing shall not fail to meet the requirements | ||||||
| 12 | for housing for older persons by reason of: | ||||||
| 13 | (a) persons residing in such housing as of the | ||||||
| 14 | effective date of this amendatory Act of 1989 who do | ||||||
| 15 | not meet the age requirements of subparagraph | ||||||
| 16 | subsections (1)(b) or (c); provided, that new | ||||||
| 17 | occupants of such housing meet the age requirements of | ||||||
| 18 | subparagraph subsections (1)(b) or (c) of this | ||||||
| 19 | subsection; or | ||||||
| 20 | (b) unoccupied units; provided, that such units | ||||||
| 21 | are reserved for occupancy by persons who meet the age | ||||||
| 22 | requirements of subparagraph subsections (1)(b) or (c) | ||||||
| 23 | of this subsection. | ||||||
| 24 | (3)(a) A person shall not be held personally liable | ||||||
| 25 | for monetary damages for a violation of this Article if | ||||||
| 26 | the person reasonably relied, in good faith, on the | ||||||
| |||||||
| |||||||
| 1 | application of the exemption under this subsection (I) | ||||||
| 2 | relating to housing for older persons. | ||||||
| 3 | (b) For the purposes of this paragraph item (3), a | ||||||
| 4 | person may show good faith reliance on the application of | ||||||
| 5 | the exemption only by showing that: | ||||||
| 6 | (i) the person has no actual knowledge that the | ||||||
| 7 | facility or community is not, or will not be, eligible | ||||||
| 8 | for the exemption; and | ||||||
| 9 | (ii) the facility or community has stated | ||||||
| 10 | formally, in writing, that the facility or community | ||||||
| 11 | complies with the requirements for the exemption. | ||||||
| 12 | (J) Child Sex Offender Refusal to Rent. Refusal of a child | ||||||
| 13 | sex offender who owns and resides at residential real estate | ||||||
| 14 | to rent any residential unit within the same building in which | ||||||
| 15 | the child sex offender resides to a person who is the parent or | ||||||
| 16 | guardian of a child or children under 18 years of age. | ||||||
| 17 | (K) Arrest Records. Inquiry into or the use of an arrest | ||||||
| 18 | record if the inquiry or use is otherwise authorized by State | ||||||
| 19 | or federal law. | ||||||
| 20 | (L) Financial Institutions. A financial institution as | ||||||
| 21 | defined in Article 4 from considering source of income or | ||||||
| 22 | immigration status in a real estate transaction in compliance | ||||||
| 23 | with State or federal law. | ||||||
| 24 | (M) Immigration Status. Inquiry into or the use of | ||||||
| 25 | immigration status if the inquiry or use is in compliance with | ||||||
| 26 | State or federal law. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24; | ||||||
| 2 | revised 7-24-24.)
| ||||||
| 3 | Section 1185. The Consumer Legal Funding Act is amended by | ||||||
| 4 | changing Section 5 as follows:
| ||||||
| 5 | (815 ILCS 121/5) | ||||||
| 6 | Sec. 5. Definitions. As used in this Act: | ||||||
| 7 | "Advertise" means publishing or disseminating any written, | ||||||
| 8 | electronic, or printed communication, or any communication by | ||||||
| 9 | means of recorded telephone messages or transmitted on radio, | ||||||
| 10 | television, the Internet, or similar communications media, | ||||||
| 11 | including film strips, motion pictures, and videos, published, | ||||||
| 12 | disseminated, circulated, or placed before the public, | ||||||
| 13 | directly or indirectly, for the purpose of inducing a consumer | ||||||
| 14 | to enter into a consumer legal funding. | ||||||
| 15 | "Charges" means the fees, as set forth in Section 25, to be | ||||||
| 16 | paid to the consumer legal funding company by or on behalf of | ||||||
| 17 | the consumer above the funded amount provided by or on behalf | ||||||
| 18 | of the company to an Illinois consumer pursuant to this Act. | ||||||
| 19 | "Consumer" means a natural person who has a pending legal | ||||||
| 20 | claim and who resides or is domiciled in Illinois. | ||||||
| 21 | "Consumer legal funding" or "funding" means a nonrecourse | ||||||
| 22 | transaction in which a company purchases and a consumer | ||||||
| 23 | transfers to the company an unvested, contingent future | ||||||
| 24 | interest in the potential net proceeds of a settlement or | ||||||
| |||||||
| |||||||
| 1 | judgment obtained from the consumer's legal claim; and in | ||||||
| 2 | which, if no proceeds are obtained from the consumer's legal | ||||||
| 3 | claim, the consumer is not required to repay the company the | ||||||
| 4 | consumer legal funding amount or charges. | ||||||
| 5 | "Consumer legal funding company" or "company" means a | ||||||
| 6 | person or entity that enters into, purchases, or services a | ||||||
| 7 | consumer legal funding transaction with an Illinois consumer. | ||||||
| 8 | "Consumer legal funding company" does not include: | ||||||
| 9 | (1) an immediate family member of the consumer; | ||||||
| 10 | (2) a bank, lender, financing entity, or other special | ||||||
| 11 | purpose entity: | ||||||
| 12 | (A) that provides financing to a consumer legal | ||||||
| 13 | funding company; or | ||||||
| 14 | (B) to which a consumer legal funding company | ||||||
| 15 | grants a security interest or transfers any rights or | ||||||
| 16 | interest in a consumer legal funding; or | ||||||
| 17 | (3) an attorney or accountant who provides services to | ||||||
| 18 | a consumer. | ||||||
| 19 | "Department" means the Department of Financial and | ||||||
| 20 | Professional Regulation. | ||||||
| 21 | "Funded amount" means the amount of moneys provided to, or | ||||||
| 22 | on behalf of, the consumer in the consumer legal funding. | ||||||
| 23 | "Funded amount" does not include charges except for charges | ||||||
| 24 | that are deducted from the funded amount. | ||||||
| 25 | "Funding date" means the date on which the funded amount | ||||||
| 26 | is transferred to the consumer by the consumer legal funding | ||||||
| |||||||
| |||||||
| 1 | company either by personal delivery; via wire, ACH, or other | ||||||
| 2 | electronic means; or mailed by insured, certified, or | ||||||
| 3 | registered United States mail. | ||||||
| 4 | "Immediate family member" means a parent; sibling; child | ||||||
| 5 | by blood, adoption, or marriage; spouse; grandparent; or | ||||||
| 6 | grandchild. | ||||||
| 7 | "Legal claim" means a bona fide civil claim or cause of | ||||||
| 8 | action. | ||||||
| 9 | "Resolution amount" means the funded amount plus the | ||||||
| 10 | agreed-upon charges that are delivered to the consumer legal | ||||||
| 11 | funding company on the resolution date. | ||||||
| 12 | "Resolution date" means the date the resolution amount is | ||||||
| 13 | delivered to the consumer legal funding company. | ||||||
| 14 | "Secretary" means the Secretary of Financial and | ||||||
| 15 | Professional Regulation or the Secretary's designee. | ||||||
| 16 | (Source: P.A. 102-987, eff. 5-27-22; 103-974, eff. 1-1-25; | ||||||
| 17 | revised 10-23-24.)
| ||||||
| 18 | Section 1190. The Interchange Fee Prohibition Act is | ||||||
| 19 | amended by changing Section 150-1 as follows:
| ||||||
| 20 | (815 ILCS 151/150-1) | ||||||
| 21 | (This Section may contain text from a Public Act with a | ||||||
| 22 | delayed effective date) | ||||||
| 23 | Sec. 150-1. Short title. This Article Act may be cited as | ||||||
| 24 | the Interchange Fee Prohibition Act. References in this | ||||||
| |||||||
| |||||||
| 1 | Article to "this Act" mean this Article. | ||||||
| 2 | (Source: P.A. 103-592, eff. 7-1-25; revised 10-23-24.)
| ||||||
| 3 | Section 1195. The Consumer Fraud and Deceptive Business | ||||||
| 4 | Practices Act is amended by setting forth and renumbering | ||||||
| 5 | multiple versions of Section 2BBBB and by setting forth, | ||||||
| 6 | renumbering, and changing multiple versions of Section 2EEEE | ||||||
| 7 | as follows:
| ||||||
| 8 | (815 ILCS 505/2BBBB) | ||||||
| 9 | Sec. 2BBBB. Deceptive practices related to limited | ||||||
| 10 | services pregnancy centers. | ||||||
| 11 | (a) As used in this Section: | ||||||
| 12 | "Abortion" means the use of any instrument, medicine, | ||||||
| 13 | drug, or any other substance or device to terminate the | ||||||
| 14 | pregnancy of an individual known to be pregnant with an | ||||||
| 15 | intention other than to increase the probability of a live | ||||||
| 16 | birth, to preserve the life or health of the child after live | ||||||
| 17 | birth, or to remove a dead fetus, as defined in Section 1-10 of | ||||||
| 18 | the Reproductive Health Act. | ||||||
| 19 | "Affiliates" has the meaning given to the term "hospital | ||||||
| 20 | affiliate" as defined in subsection (b) of Section 10.8 of the | ||||||
| 21 | Hospital Licensing Act. | ||||||
| 22 | "Emergency contraception" means one or more prescription | ||||||
| 23 | drugs (i) used separately or in combination for the purpose of | ||||||
| 24 | preventing pregnancy, (ii) administered to or | ||||||
| |||||||
| |||||||
| 1 | self-administered by a patient within a medically recommended | ||||||
| 2 | amount of time after sexual intercourse, and (iii) dispensed | ||||||
| 3 | for such purpose in accordance with professional standards of | ||||||
| 4 | practice. | ||||||
| 5 | "Limited services pregnancy center" means an organization | ||||||
| 6 | or facility, including a mobile facility, that: | ||||||
| 7 | (1) does not directly provide abortions or provide or | ||||||
| 8 | prescribe emergency contraception, or provide referrals | ||||||
| 9 | for abortions or emergency contraception, and has no | ||||||
| 10 | affiliation with any organization or provider who provides | ||||||
| 11 | abortions or provides or prescribes emergency | ||||||
| 12 | contraception; and | ||||||
| 13 | (2) has a primary purpose to offer or provide | ||||||
| 14 | pregnancy-related services to an individual who is or has | ||||||
| 15 | reason to believe the individual may be pregnant, whether | ||||||
| 16 | or not a fee is charged for such services. | ||||||
| 17 | "Limited services pregnancy center" does not include: | ||||||
| 18 | (1) a health care professional licensed by the | ||||||
| 19 | Department of Financial and Professional Regulation; | ||||||
| 20 | (2) a hospital licensed under the Hospital Licensing | ||||||
| 21 | Act and its affiliates; or | ||||||
| 22 | (3) a hospital licensed under the University of | ||||||
| 23 | Illinois Hospital Act and its affiliates. | ||||||
| 24 | "Limited services pregnancy center" includes an organization | ||||||
| 25 | or facility that has employees, volunteers, or agents who are | ||||||
| 26 | health care professionals licensed by the Department of | ||||||
| |||||||
| |||||||
| 1 | Financial and Professional Regulation. | ||||||
| 2 | "Pregnancy-related services" means any medical service, or | ||||||
| 3 | health counseling service, related to the prevention, | ||||||
| 4 | preservation, or termination of pregnancy, including, but not | ||||||
| 5 | limited to, contraception and contraceptive counseling, | ||||||
| 6 | pregnancy testing, pregnancy diagnosis, pregnancy options | ||||||
| 7 | counseling, limited obstetric ultrasound, obstetric | ||||||
| 8 | ultrasound, obstetric sonogram, sexually transmitted | ||||||
| 9 | infections testing, and prenatal care. | ||||||
| 10 | (b) A limited services pregnancy center shall not engage | ||||||
| 11 | in unfair methods of competition or unfair or deceptive acts | ||||||
| 12 | or practices, including the use or employment of any | ||||||
| 13 | deception, fraud, false pretense, false promise, or | ||||||
| 14 | misrepresentation, or the concealment, suppression, or | ||||||
| 15 | omission of any material fact, with the intent that others | ||||||
| 16 | rely upon the concealment, suppression, or omission of such | ||||||
| 17 | material fact: | ||||||
| 18 | (1) to interfere with or prevent an individual from | ||||||
| 19 | seeking to gain entry or access to a provider of abortion | ||||||
| 20 | or emergency contraception; | ||||||
| 21 | (2) to induce an individual to enter or access the | ||||||
| 22 | limited services pregnancy center; | ||||||
| 23 | (3) in advertising, soliciting, or otherwise offering | ||||||
| 24 | pregnancy-related services; or | ||||||
| 25 | (4) in conducting, providing, or performing | ||||||
| 26 | pregnancy-related services. | ||||||
| |||||||
| |||||||
| 1 | (c) A violation of this Section constitutes a violation of | ||||||
| 2 | this Act. | ||||||
| 3 | (Source: P.A. 103-270, eff. 7-27-23; 103-605, eff. 7-1-24.)
| ||||||
| 4 | (815 ILCS 505/2EEEE) | ||||||
| 5 | Sec. 2EEEE. Credit reporting; medical debt. | ||||||
| 6 | (a) As used in this Section: | ||||||
| 7 | "Collection action" means any referral of a bill to a | ||||||
| 8 | collection agency or law firm to collect payment for services | ||||||
| 9 | from a consumer for health care services. | ||||||
| 10 | "Collection agency" means any individual, partnership, | ||||||
| 11 | corporation, trust, estate, co-operative, association, | ||||||
| 12 | government or government subdivision, agency, or other entity | ||||||
| 13 | that either purchases medical debt or collects medical debt on | ||||||
| 14 | behalf of another entity. | ||||||
| 15 | "Consumer report" and or "credit report" have the meaning | ||||||
| 16 | ascribed to the term "consumer report" under 15 U.S.C. | ||||||
| 17 | 1681a(d). | ||||||
| 18 | "Consumer reporting agency" has the meaning ascribed to | ||||||
| 19 | that term in 15 U.S.C. 1681a(f). | ||||||
| 20 | "Medical debt" means a debt arising from the receipt of | ||||||
| 21 | health care services, products, or devices. | ||||||
| 22 | "Medical debt" does not include debt charged to a credit | ||||||
| 23 | card or an open-end or close-end extension of credit made by a | ||||||
| 24 | financial institution to a borrower unless the open-end or | ||||||
| 25 | close-end extension of credit may be used by the borrower | ||||||
| |||||||
| |||||||
| 1 | solely for the purpose of the purchase of health care | ||||||
| 2 | services. | ||||||
| 3 | (b) It is an unlawful practice within the meaning of this | ||||||
| 4 | Act for a consumer reporting agency: | ||||||
| 5 | (1) to make, create, or furnish any consumer report or | ||||||
| 6 | credit report containing, incorporating, or reflecting any | ||||||
| 7 | adverse information that the consumer reporting agency | ||||||
| 8 | knows or should know relates to medical debt incurred by | ||||||
| 9 | the consumer or a collection action against the consumer | ||||||
| 10 | to collect medical debt; and | ||||||
| 11 | (2) to maintain in the file on a consumer any | ||||||
| 12 | information relating to medical debt incurred by a | ||||||
| 13 | consumer or a collection action against the consumer to | ||||||
| 14 | collect medical debt. | ||||||
| 15 | (Source: P.A. 103-648, eff. 1-1-25.)
| ||||||
| 16 | (815 ILCS 505/2FFFF) | ||||||
| 17 | Sec. 2FFFF 2BBBB. Violations of the Pawnbroker Regulation | ||||||
| 18 | Act of 2023. Any person who violates Article 15 of the | ||||||
| 19 | Pawnbroker Regulation Act of 2023 commits an unlawful practice | ||||||
| 20 | within the meaning of this Act. | ||||||
| 21 | (Source: P.A. 103-585, eff. 3-22-24; revised 9-25-24.)
| ||||||
| 22 | (815 ILCS 505/2GGGG) | ||||||
| 23 | Sec. 2GGGG 2EEEE. Violations concerning teledentistry | ||||||
| 24 | under the Illinois Dental Practice Act. Any person who | ||||||
| |||||||
| |||||||
| 1 | violates Section 17.2 of the Illinois Dental Practice Act | ||||||
| 2 | commits an unlawful practice within the meaning of this Act. | ||||||
| 3 | (Source: P.A. 103-902, eff. 8-9-24; revised 9-25-24.)
| ||||||
| 4 | Section 1200. The Digital Voice and Likeness Protection | ||||||
| 5 | Act is amended by changing Section 5 as follows:
| ||||||
| 6 | (815 ILCS 550/5) | ||||||
| 7 | Sec. 5. Definitions. In this Act: | ||||||
| 8 | "Artificial intelligence" means a machine-based system | ||||||
| 9 | that, for explicit or implicit objectives, infers, from the | ||||||
| 10 | input it receives, how to generate outputs such as | ||||||
| 11 | predictions, content, recommendations, or decisions that can | ||||||
| 12 | influence physical or virtual environments. "Artificial | ||||||
| 13 | intelligence" includes generative artificial intelligence. | ||||||
| 14 | "Digital replica" means a newly created, electronic | ||||||
| 15 | representation of the identity of an actual individual created | ||||||
| 16 | using a computer, algorithm, software, tool, artificial | ||||||
| 17 | intelligence, or other technology that is fixed in a sound | ||||||
| 18 | recording or audiovisual work in which that individual did not | ||||||
| 19 | actually perform or appear and that is so realistic that a | ||||||
| 20 | reasonable observer would believe it is a performance by the | ||||||
| 21 | individual being portrayed and no other individual. | ||||||
| 22 | "Generative artificial intelligence" means an automated | ||||||
| 23 | computing system that, when prompted with human prompts, | ||||||
| 24 | descriptions, or queries, can produce outputs that simulate | ||||||
| |||||||
| |||||||
| 1 | human-produced content, including, but not limited to, the | ||||||
| 2 | following: | ||||||
| 3 | (1) textual outputs, such as short answers, essays, | ||||||
| 4 | poetry, or longer compositions or answers; | ||||||
| 5 | (2) image outputs, such as fine art, photographs, | ||||||
| 6 | conceptual art, diagrams, and other images; | ||||||
| 7 | (3) multimedia outputs, such as audio or video in the | ||||||
| 8 | form of compositions, songs, or short-form or long-form | ||||||
| 9 | audio or video; and | ||||||
| 10 | (4) other content that would be otherwise produced by | ||||||
| 11 | human means. | ||||||
| 12 | (Source: P.A. 103-830, eff. 8-9-24; revised 10-23-24.)
| ||||||
| 13 | Section 1205. The Worker Freedom of Speech Act is amended | ||||||
| 14 | by changing Section 35 as follows:
| ||||||
| 15 | (820 ILCS 57/35) | ||||||
| 16 | Sec. 35. Exceptions. Nothing in this Act: | ||||||
| 17 | (1) prohibits communications of information that the | ||||||
| 18 | employer is required by law to communicate, but only to | ||||||
| 19 | the extent of the lawful requirement; | ||||||
| 20 | (2) limits the rights of an employer or its agent, | ||||||
| 21 | representative, or designee to conduct meetings involving | ||||||
| 22 | religious matters or political matters, so long as | ||||||
| 23 | attendance is voluntary, or to engage in communications, | ||||||
| 24 | so long as receipt or listening is voluntary; | ||||||
| |||||||
| |||||||
| 1 | (3) limits the rights of an employer or its agent, | ||||||
| 2 | representative, or designee from communicating to its | ||||||
| 3 | employees any information that is necessary for the | ||||||
| 4 | employees to perform their required job duties; | ||||||
| 5 | (4) prohibits prohibit an employer or its agent, | ||||||
| 6 | representative, or designee from requiring its employees | ||||||
| 7 | to attend any training intended to foster a civil and | ||||||
| 8 | collaborative workplace or reduce or prevent workplace | ||||||
| 9 | harassment or discrimination; | ||||||
| 10 | (5) prohibits an institution of higher education, or | ||||||
| 11 | any agent, representative, or designee of the institution, | ||||||
| 12 | from conducting meetings or participating in any | ||||||
| 13 | communications with its employees concerning any | ||||||
| 14 | coursework, symposia, research, publication, or an | ||||||
| 15 | academic program at the institution; | ||||||
| 16 | (6) prohibits a political organization, a political | ||||||
| 17 | party organization, a caucus organization, a candidate's | ||||||
| 18 | political organization, or a not-for-profit organization | ||||||
| 19 | that is exempt from taxation under Section 501(c)(4), | ||||||
| 20 | 501(c)(5), or 501(c)(6) of the Internal Revenue Code from | ||||||
| 21 | requiring its staff or employees to attend an | ||||||
| 22 | employer-sponsored meeting or participate in any | ||||||
| 23 | communication with the employer or the employer's agent, | ||||||
| 24 | representative or designee for the purpose of | ||||||
| 25 | communicating the employer's political tenets or purposes; | ||||||
| 26 | (7) prohibits the General Assembly or a State or local | ||||||
| |||||||
| |||||||
| 1 | legislative or regulatory body from requiring its their | ||||||
| 2 | employees to attend an employer-sponsored meeting or | ||||||
| 3 | participate in any communication with the employer or the | ||||||
| 4 | employer's agent, representative, or designee for the | ||||||
| 5 | purpose of communicating the employer's proposals to | ||||||
| 6 | change legislation, proposals to change regulations, or | ||||||
| 7 | proposals to change public policy; or | ||||||
| 8 | (8) prohibits a religious organization from requiring | ||||||
| 9 | its employees to attend an employer-sponsored meeting or | ||||||
| 10 | participate in any communication with the employer or the | ||||||
| 11 | employer's agent, representative, or designee for the | ||||||
| 12 | purpose of communicating the employer's religious beliefs, | ||||||
| 13 | practices, or tenets. | ||||||
| 14 | (Source: P.A. 103-722, eff. 1-1-25; revised 10-21-24.)
| ||||||
| 15 | Section 1210. The Illinois Freedom to Work Act is amended | ||||||
| 16 | by changing Section 10 as follows:
| ||||||
| 17 | (820 ILCS 90/10) | ||||||
| 18 | Sec. 10. Prohibiting covenants not to compete and | ||||||
| 19 | covenants not to solicit. | ||||||
| 20 | (a) No employer shall enter into a covenant not to compete | ||||||
| 21 | with any employee unless the employee's actual or expected | ||||||
| 22 | annualized rate of earnings exceeds $75,000 per year. This | ||||||
| 23 | amount shall increase to $80,000 per year beginning on January | ||||||
| 24 | 1, 2027, $85,000 per year beginning on January 1, 2032, and | ||||||
| |||||||
| |||||||
| 1 | $90,000 per year beginning on January 1, 2037. A covenant not | ||||||
| 2 | to compete entered into in violation of this subsection is | ||||||
| 3 | void and unenforceable. | ||||||
| 4 | (b) No employer shall enter into a covenant not to solicit | ||||||
| 5 | with any employee unless the employee's actual or expected | ||||||
| 6 | annualized rate of earnings exceeds $45,000 per year. This | ||||||
| 7 | amount shall increase to $47,500 per year beginning on January | ||||||
| 8 | 1, 2027, $50,000 per year beginning on January 1, 2032, and | ||||||
| 9 | $52,500 per year beginning on January 1, 2037. A covenant not | ||||||
| 10 | to solicit entered into in violation of this subsection is | ||||||
| 11 | void and unenforceable. | ||||||
| 12 | (c) No employer shall enter into a covenant not to compete | ||||||
| 13 | or a covenant not to solicit with any employee who an employer | ||||||
| 14 | terminates or furloughs or lays off as the result of business | ||||||
| 15 | circumstances or governmental orders related to the COVID-19 | ||||||
| 16 | pandemic or under circumstances that are similar to the | ||||||
| 17 | COVID-19 pandemic, unless enforcement of the covenant not to | ||||||
| 18 | compete includes compensation equivalent to the employee's | ||||||
| 19 | base salary at the time of termination for the period of | ||||||
| 20 | enforcement minus compensation earned through subsequent | ||||||
| 21 | employment during the period of enforcement. A covenant not to | ||||||
| 22 | compete or a covenant not to solicit entered into in violation | ||||||
| 23 | of this subsection is void and unenforceable. | ||||||
| 24 | (d) A covenant not to compete is void and illegal with | ||||||
| 25 | respect to individuals covered by a collective bargaining | ||||||
| 26 | agreement under the Illinois Public Labor Relations Act or the | ||||||
| |||||||
| |||||||
| 1 | Illinois Educational Labor Relations Act. | ||||||
| 2 | (e) A covenant not to compete or a covenant not to solicit | ||||||
| 3 | is void and illegal with respect to individuals employed in | ||||||
| 4 | construction, regardless of whether an individual is covered | ||||||
| 5 | by a collective bargaining agreement. This subsection (e) does | ||||||
| 6 | not apply to construction employees who primarily perform | ||||||
| 7 | management, engineering or architectural, design, or sales | ||||||
| 8 | functions for the employer or who are shareholders, partners, | ||||||
| 9 | or owners in any capacity of the employer. | ||||||
| 10 | (f) (e) Any covenant not to compete or covenant not to | ||||||
| 11 | solicit entered into after January 1, 2025 (the effective date | ||||||
| 12 | of Public Act 103-915) this amendatory Act of the 103rd | ||||||
| 13 | General Assembly shall not be enforceable with respect to the | ||||||
| 14 | provision of mental health services to veterans and first | ||||||
| 15 | responders by any licensed mental health professional in this | ||||||
| 16 | State if the enforcement of the covenant not to compete or | ||||||
| 17 | covenant not to solicit is likely to result in an increase in | ||||||
| 18 | cost or difficulty for any veteran or first responder seeking | ||||||
| 19 | mental health services. | ||||||
| 20 | For the purpose of this subsection: | ||||||
| 21 | "First responders" means emergency medical services | ||||||
| 22 | personnel, as defined in the Emergency Medical Services (EMS) | ||||||
| 23 | Systems Act, firefighters, and law enforcement officers. | ||||||
| 24 | "Licensed mental health professional" means a person | ||||||
| 25 | licensed under the Clinical Psychologist Licensing Act, the | ||||||
| 26 | Clinical Social Work and Social Work Practice Act, the | ||||||
| |||||||
| |||||||
| 1 | Marriage and Family Therapy Licensing Act, the Nurse Practice | ||||||
| 2 | Act, or the Professional Counselor and Clinical Professional | ||||||
| 3 | Counselor Licensing and Practice Act. | ||||||
| 4 | (Source: P.A. 102-358, eff. 1-1-22; 103-915, eff. 1-1-25; | ||||||
| 5 | 103-921, eff. 1-1-25; revised 11-26-24.)
| ||||||
| 6 | Section 1215. The Victims' Economic Security and Safety | ||||||
| 7 | Act is amended by changing Section 35 as follows:
| ||||||
| 8 | (820 ILCS 180/35) | ||||||
| 9 | Sec. 35. Enforcement. | ||||||
| 10 | (a) Department of Labor. | ||||||
| 11 | (1) The Director or his or her authorized | ||||||
| 12 | representative shall administer and enforce the provisions | ||||||
| 13 | of this Act. Any employee or a representative of employees | ||||||
| 14 | who believes his or her rights under this Act have been | ||||||
| 15 | violated may, within 3 years after the alleged violation | ||||||
| 16 | occurs, file a complaint with the Department requesting a | ||||||
| 17 | review of the alleged violation. A copy of the complaint | ||||||
| 18 | shall be sent to the person who allegedly committed the | ||||||
| 19 | violation, who shall be the respondent. Upon receipt of a | ||||||
| 20 | complaint, the Director shall cause such investigation to | ||||||
| 21 | be made as he or she deems appropriate. The investigation | ||||||
| 22 | shall provide an opportunity for a public hearing at the | ||||||
| 23 | request of any party to the review to enable the parties to | ||||||
| 24 | present information relating to the alleged violation | ||||||
| |||||||
| |||||||
| 1 | allegation. The parties shall be given written notice of | ||||||
| 2 | the time and place of the hearing at least 7 days before | ||||||
| 3 | the hearing. Upon receiving the report of the | ||||||
| 4 | investigation, the Director shall make findings of fact. | ||||||
| 5 | If the Director finds that a violation did occur, he or she | ||||||
| 6 | shall issue a decision incorporating his or her findings | ||||||
| 7 | and requiring the party committing the violation to take | ||||||
| 8 | such affirmative action to abate the violation as the | ||||||
| 9 | Director deems appropriate, including: | ||||||
| 10 | (A) damages equal to the amount of wages, salary, | ||||||
| 11 | employment benefits, public assistance, or other | ||||||
| 12 | compensation denied or lost to such individual by | ||||||
| 13 | reason of the violation, and the interest on that | ||||||
| 14 | amount calculated at the prevailing rate; | ||||||
| 15 | (B) such equitable relief as may be appropriate, | ||||||
| 16 | including, but not limited to, hiring, reinstatement, | ||||||
| 17 | promotion, and reasonable accommodations; and | ||||||
| 18 | (C) reasonable attorney's fees, reasonable expert | ||||||
| 19 | witness fees, and other costs of the action to be paid | ||||||
| 20 | by the respondent to a prevailing employee. | ||||||
| 21 | If the Director finds that there was no violation, he | ||||||
| 22 | or she shall issue an order denying the complaint. An | ||||||
| 23 | order issued by the Director under this Section shall be | ||||||
| 24 | final and subject to judicial review under the | ||||||
| 25 | Administrative Review Law. | ||||||
| 26 | (2) The Director shall adopt rules necessary to | ||||||
| |||||||
| |||||||
| 1 | administer and enforce this Act in accordance with the | ||||||
| 2 | Illinois Administrative Procedure Act. The Director shall | ||||||
| 3 | have the powers and the parties shall have the rights | ||||||
| 4 | provided in the Illinois Administrative Procedure Act for | ||||||
| 5 | contested cases, including, but not limited to, provisions | ||||||
| 6 | for depositions, subpoena power and procedures, and | ||||||
| 7 | discovery and protective order procedures. | ||||||
| 8 | (3) Intervention. The Attorney General of Illinois may | ||||||
| 9 | intervene on behalf of the Department if the Department | ||||||
| 10 | certifies that the case is of general public importance. | ||||||
| 11 | Upon such intervention the court may award such relief as | ||||||
| 12 | is authorized to be granted to an employee who has filed a | ||||||
| 13 | complaint or whose representative has filed a complaint | ||||||
| 14 | under this Section. | ||||||
| 15 | (b) Refusal to pay damages. Any employer who has been | ||||||
| 16 | ordered by the Director of Labor or the court to pay damages | ||||||
| 17 | under this Section and who fails to do so within 30 days after | ||||||
| 18 | the order is entered is liable to pay a penalty of 1% per | ||||||
| 19 | calendar day to the employee for each day of delay in paying | ||||||
| 20 | the damages to the employee. | ||||||
| 21 | (Source: P.A. 93-591, eff. 8-25-03; revised 7-23-24.)
| ||||||
| 22 | Section 1220. The Paid Leave for All Workers Act is | ||||||
| 23 | amended by changing Section 15 as follows:
| ||||||
| 24 | (820 ILCS 192/15) | ||||||
| |||||||
| |||||||
| 1 | Sec. 15. Provision of paid leave. | ||||||
| 2 | (a) An employee who works in Illinois is entitled to earn | ||||||
| 3 | and use up to a minimum of 40 hours of paid leave during a | ||||||
| 4 | 12-month period or a pro rata number of hours of paid leave | ||||||
| 5 | under the provisions of subsection (b). The paid leave may be | ||||||
| 6 | used by the employee for any purpose as long as the paid leave | ||||||
| 7 | is taken in accordance with the provisions of this Act. | ||||||
| 8 | (b) Paid leave under this Act shall accrue at the rate of | ||||||
| 9 | one hour of paid leave for every 40 hours worked up to a | ||||||
| 10 | minimum of 40 hours of paid leave or such greater amount if the | ||||||
| 11 | employer provides more than 40 hours. Employees who are exempt | ||||||
| 12 | from the overtime requirements of the federal Fair Labor | ||||||
| 13 | Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40 | ||||||
| 14 | hours in each workweek for purposes of paid leave accrual | ||||||
| 15 | unless their regular workweek is less than 40 hours, in which | ||||||
| 16 | case paid leave accrues based on that regular workweek. | ||||||
| 17 | Employees shall determine how much paid leave they need to | ||||||
| 18 | use; , however, employers may set a reasonable minimum | ||||||
| 19 | increment for the use of paid leave not to exceed 2 hours per | ||||||
| 20 | day. If an employee's scheduled workday is less than 2 hours | ||||||
| 21 | per day, the employee's scheduled workday shall be used to | ||||||
| 22 | determine the amount of paid leave. | ||||||
| 23 | (c) An employer may make available the minimum number of | ||||||
| 24 | hours of paid leave, subject to pro rata requirements provided | ||||||
| 25 | in subsection (b), to an employee on the first day of | ||||||
| 26 | employment or the first day of the 12-month period. Employers | ||||||
| |||||||
| |||||||
| 1 | that provide the minimum number of hours of paid leave to an | ||||||
| 2 | employee on the first day of employment or the first day of the | ||||||
| 3 | 12-month period are not required to carry over carryover paid | ||||||
| 4 | leave from 12-month period to 12-month period and may require | ||||||
| 5 | employees to use all paid leave prior to the end of the benefit | ||||||
| 6 | period or forfeit the unused paid leave. However, under no | ||||||
| 7 | circumstances shall an employee be credited with paid leave | ||||||
| 8 | that is less than what the employee would have accrued under | ||||||
| 9 | subsections (a) and (g) of this Section. | ||||||
| 10 | (d) The 12-month period may be any consecutive 12-month | ||||||
| 11 | period designated by the employer in writing at the time of | ||||||
| 12 | hire. Changes to the 12-month period may be made by the | ||||||
| 13 | employer if notice is given to employees in writing prior to | ||||||
| 14 | the change and the change does not reduce the eligible accrual | ||||||
| 15 | rate and paid leave available to the employee. If the employer | ||||||
| 16 | changes the designated 12-month period, the employer shall | ||||||
| 17 | provide the employee with documentation of the balance of | ||||||
| 18 | hours worked, paid leave accrued and taken, and the remaining | ||||||
| 19 | paid leave balance. | ||||||
| 20 | (e) Paid leave under this Act may be taken by an employee | ||||||
| 21 | for any reason of the employee's choosing. An employee is not | ||||||
| 22 | required to provide an employer a reason for the leave and may | ||||||
| 23 | not be required to provide documentation or certification as | ||||||
| 24 | proof or in support of the leave. An employee may choose | ||||||
| 25 | whether to use paid leave provided under this Act prior to | ||||||
| 26 | using any other leave provided by the employer or State law. | ||||||
| |||||||
| |||||||
| 1 | (f) Employees shall be paid their hourly rate of pay for | ||||||
| 2 | paid leave. However, employees engaged in an occupation in | ||||||
| 3 | which gratuities or commissions have customarily and usually | ||||||
| 4 | constituted and have been recognized as part of the | ||||||
| 5 | remuneration for hire purposes shall be paid by their employer | ||||||
| 6 | at least the full minimum wage in the jurisdiction in which | ||||||
| 7 | they are employed when paid leave is taken. This wage shall be | ||||||
| 8 | treated as the employee's regular rate of pay for purposes of | ||||||
| 9 | this Act. | ||||||
| 10 | (g) Paid leave under this Act shall begin to accrue at the | ||||||
| 11 | commencement of employment or on the effective date of this | ||||||
| 12 | Act, whichever is later. Employees shall be entitled to begin | ||||||
| 13 | using paid leave 90 days following commencement of their | ||||||
| 14 | employment or 90 days following the effective date of this | ||||||
| 15 | Act, whichever is later. | ||||||
| 16 | (h) Paid leave under this Act shall be provided upon the | ||||||
| 17 | oral or written request of an employee in accordance with the | ||||||
| 18 | employer's reasonable paid leave policy notification | ||||||
| 19 | requirements which may include the following: | ||||||
| 20 | (1) If use of paid leave under this Act is | ||||||
| 21 | foreseeable, the employer may require the employee to | ||||||
| 22 | provide 7 calendar days' notice before the date the leave | ||||||
| 23 | is to begin. | ||||||
| 24 | (2) If paid leave under this Act is not foreseeable, | ||||||
| 25 | the employee shall provide such notice as soon as is | ||||||
| 26 | practicable after the employee is aware of the necessity | ||||||
| |||||||
| |||||||
| 1 | of the leave. An employer that requires notice of paid | ||||||
| 2 | leave under this Act when the leave is not foreseeable | ||||||
| 3 | shall provide a written policy that contains procedures | ||||||
| 4 | for the employee to provide notice. | ||||||
| 5 | (3) Employers shall provide employees with written | ||||||
| 6 | notice of the paid leave policy notification requirements | ||||||
| 7 | in this Section in the manner provided in Section 20 for | ||||||
| 8 | notice and posting and within 5 calendar days of any | ||||||
| 9 | change to the employer's reasonable paid leave policy | ||||||
| 10 | notification requirements. | ||||||
| 11 | (4) An employer may not require, as a condition of | ||||||
| 12 | providing paid leave under this Act, that the employee | ||||||
| 13 | search for or find a replacement worker to cover the hours | ||||||
| 14 | during which the employee takes paid leave. | ||||||
| 15 | (i) Except as provided in subsection (c), paid leave under | ||||||
| 16 | this Act shall carry over annually to the extent not used by | ||||||
| 17 | the employee, provided that nothing in this Act shall be | ||||||
| 18 | construed to require an employer to provide more than 40 hours | ||||||
| 19 | of paid leave for an employee in the 12-month period unless the | ||||||
| 20 | employer agrees to do so. | ||||||
| 21 | (j) Nothing in this Section or any other Illinois law or | ||||||
| 22 | rule shall be construed as requiring financial or other | ||||||
| 23 | payment to an employee from an employer upon the employee's | ||||||
| 24 | termination, resignation, retirement, or other separation from | ||||||
| 25 | employment for paid leave accrued under this Act that has not | ||||||
| 26 | been used. Nothing in this Section or any other Illinois law or | ||||||
| |||||||
| |||||||
| 1 | rule shall be construed as requiring financial or other | ||||||
| 2 | reimbursements to an employee from an employer for unused paid | ||||||
| 3 | leave under this Act at the end of the benefit year or any | ||||||
| 4 | other time. | ||||||
| 5 | (k) If an employee is transferred to a separate division, | ||||||
| 6 | entity, or location, but remains employed by the same | ||||||
| 7 | employer, the employee is entitled to all paid leave accrued | ||||||
| 8 | at the prior division, entity, or location and is entitled to | ||||||
| 9 | use all paid leave as provided in this Section. If there is a | ||||||
| 10 | separation from employment and the employee is rehired within | ||||||
| 11 | 12 months of separation by the same employer, previously | ||||||
| 12 | accrued paid leave that had not been used by the employee shall | ||||||
| 13 | be reinstated. The employee shall be entitled to use accrued | ||||||
| 14 | paid leave at the commencement of employment following a | ||||||
| 15 | separation from employment of 12 months or less. | ||||||
| 16 | (l) Paid leave under this Act shall not be charged or | ||||||
| 17 | otherwise credited to an employee's paid time off bank or | ||||||
| 18 | employee account unless the employer's policy permits such a | ||||||
| 19 | credit. If the paid leave under this Act is credited to an | ||||||
| 20 | employee's paid time off bank or employee vacation account | ||||||
| 21 | then any unused paid leave shall be paid to the employee upon | ||||||
| 22 | the employee's termination, resignation, retirement, or other | ||||||
| 23 | separation to the same extent as vacation time under existing | ||||||
| 24 | Illinois law or rule. Nothing in this Act shall be construed to | ||||||
| 25 | waive or otherwise limit an employee's right to final | ||||||
| 26 | compensation for promised and earned, but unpaid vacation time | ||||||
| |||||||
| |||||||
| 1 | or paid time off, as provided under the Illinois Wage Payment | ||||||
| 2 | and Collection Act and rules. Employers shall provide | ||||||
| 3 | employees with written notice of changes to the employer's | ||||||
| 4 | vacation time, paid time off, or other paid leave policies | ||||||
| 5 | that affect an employee's right to final compensation for such | ||||||
| 6 | leave. | ||||||
| 7 | (m) During any period an employee takes leave under this | ||||||
| 8 | Act, the employer shall maintain coverage for the employee and | ||||||
| 9 | any family member under any group health plan for the duration | ||||||
| 10 | of such leave at no less than the level and conditions of | ||||||
| 11 | coverage that would have been provided if the employee had not | ||||||
| 12 | taken the leave. The employer shall notify the employee that | ||||||
| 13 | the employee is still responsible for paying the employee's | ||||||
| 14 | share of the cost of the health care coverage, if any. | ||||||
| 15 | (n) Nothing in this Act shall be deemed to interfere with, | ||||||
| 16 | impede, or in any way diminish the right of employees to | ||||||
| 17 | bargain collectively with their employers through | ||||||
| 18 | representatives of their own choosing in order to establish | ||||||
| 19 | wages or other conditions of work in excess of the applicable | ||||||
| 20 | minimum standards established in this Act. The paid leave | ||||||
| 21 | requirements of this Act may be waived in a bona fide | ||||||
| 22 | collective bargaining agreement, but only if the waiver is set | ||||||
| 23 | forth explicitly in such agreement in clear and unambiguous | ||||||
| 24 | terms. | ||||||
| 25 | Nothing in this Act shall be deemed to affect the validity | ||||||
| 26 | or change the terms of bona fide collective bargaining | ||||||
| |||||||
| |||||||
| 1 | agreements in effect on January 1, 2024. After that date, | ||||||
| 2 | requirements of this Act may be waived in a bona fide | ||||||
| 3 | collective bargaining agreement, but only if the waiver is set | ||||||
| 4 | forth explicitly in such agreement in clear and unambiguous | ||||||
| 5 | terms. | ||||||
| 6 | In no event shall this Act apply to any employee working in | ||||||
| 7 | the construction industry who is covered by a bona fide | ||||||
| 8 | collective bargaining agreement, nor shall this Act apply to | ||||||
| 9 | any employee who is covered by a bona fide collective | ||||||
| 10 | bargaining agreement with an employer that provides services | ||||||
| 11 | nationally and internationally of delivery, pickup, and | ||||||
| 12 | transportation of parcels, documents, and freight. | ||||||
| 13 | Notwithstanding the provisions of this subsection, nothing | ||||||
| 14 | in this Act shall be deemed to affect the validity or change | ||||||
| 15 | the terms of a bona fide collective bargaining agreement | ||||||
| 16 | applying to an employee who is employed by a State agency that | ||||||
| 17 | is in effect on July 1, 2024. After that date, requirements of | ||||||
| 18 | this Act may be waived in a bona fide collective bargaining | ||||||
| 19 | agreement, but only if the waiver is set forth explicitly in | ||||||
| 20 | such agreement in clear and unambiguous terms. As used in this | ||||||
| 21 | subsection, "State agency" has the same meaning as set forth | ||||||
| 22 | in Section 4 of the Forms Notice Act. | ||||||
| 23 | (o) An agreement by an employee to waive his or her rights | ||||||
| 24 | under this Act is void as against public policy. | ||||||
| 25 | (p) The provisions of this Act shall not apply to any | ||||||
| 26 | employer that is covered by a municipal or county ordinance | ||||||
| |||||||
| |||||||
| 1 | that is in effect on the effective date of this Act that | ||||||
| 2 | requires employers to give any form of paid leave to their | ||||||
| 3 | employees, including paid sick leave or paid leave. | ||||||
| 4 | Notwithstanding the provisions of this subsection, any | ||||||
| 5 | employer that is not required to provide paid leave to its | ||||||
| 6 | employees, including paid sick leave or paid leave, under a | ||||||
| 7 | municipal or county ordinance that is in effect on the | ||||||
| 8 | effective date of this Act shall be subject to the provisions | ||||||
| 9 | of this Act if the employer would be required to provide paid | ||||||
| 10 | leave under this Act to its employees. | ||||||
| 11 | Any local ordinance that provides paid leave, including | ||||||
| 12 | paid sick leave or paid leave, enacted or amended after the | ||||||
| 13 | effective date of this Act must comply with the requirements | ||||||
| 14 | of this Act or provide benefits, rights, and remedies that are | ||||||
| 15 | greater than or equal to the benefits, rights, and remedies | ||||||
| 16 | afforded under this Act. | ||||||
| 17 | An employer in a municipality or county that enacts or | ||||||
| 18 | amends a local ordinance that provides paid leave, including | ||||||
| 19 | paid sick leave or paid leave, after the effective date of this | ||||||
| 20 | Act shall only comply with the local ordinance or ordinances | ||||||
| 21 | so long as the benefits, rights, and remedies are greater than | ||||||
| 22 | or equal to the benefits, rights, and remedies afforded under | ||||||
| 23 | this Act. | ||||||
| 24 | (Source: P.A. 102-1143, eff. 1-1-24; 103-605, eff. 7-1-24; | ||||||
| 25 | revised 10-23-24.)
| ||||||
| |||||||
| |||||||
| 1 | Section 1225. The Child Labor Law of 2024 is amended by | ||||||
| 2 | changing Sections 35 and 55 as follows:
| ||||||
| 3 | (820 ILCS 206/35) | ||||||
| 4 | Sec. 35. Employer requirements. | ||||||
| 5 | (a) It shall be unlawful for any person to employ, allow, | ||||||
| 6 | or permit any minor to work unless the minor obtains an | ||||||
| 7 | employment certificate authorizing the minor to work for that | ||||||
| 8 | person. Any person seeking to employ, allow, or permit any | ||||||
| 9 | minor to work shall provide that minor with a notice of | ||||||
| 10 | intention to employ to be submitted by the minor to the minor's | ||||||
| 11 | school issuing officer with the minor's application for an | ||||||
| 12 | employment certificate. | ||||||
| 13 | (b) Every employer of one or more minors shall maintain, | ||||||
| 14 | on the premises where the work is being done, records that | ||||||
| 15 | include the name, date of birth, and place of residence of | ||||||
| 16 | every minor who works for that employer, notice of intention | ||||||
| 17 | to employ the minor, and the minor's employment certificate. | ||||||
| 18 | Authorized officers and employees of the Department, truant | ||||||
| 19 | officers, and other school officials charged with the | ||||||
| 20 | enforcement of school attendance requirements described in | ||||||
| 21 | Section 26-1 of the School Code may inspect the records | ||||||
| 22 | without notice at any time. | ||||||
| 23 | (c) Every employer of minors shall ensure that all minors | ||||||
| 24 | are supervised by an adult 21 years of age or older, on site, | ||||||
| 25 | at all times while the minor is working. | ||||||
| |||||||
| |||||||
| 1 | (d) No person shall employ, allow, or permit any minor to | ||||||
| 2 | work for more than 5 hours continuously without an interval of | ||||||
| 3 | at least 30 minutes for a meal period. No period of less than | ||||||
| 4 | 30 minutes shall be deemed to interrupt a continuous period of | ||||||
| 5 | work. | ||||||
| 6 | (e) Every employer who employs one or more minors shall | ||||||
| 7 | post in a conspicuous place where minors are employed, | ||||||
| 8 | allowed, or permitted to work, a notice summarizing the | ||||||
| 9 | requirements of this Act, including a list of the occupations | ||||||
| 10 | prohibited to minors and the Department's toll free telephone | ||||||
| 11 | number described in Section 85. An employer with employees who | ||||||
| 12 | do not regularly report to a physical workplace, such as | ||||||
| 13 | employees who work remotely or travel for work, shall also | ||||||
| 14 | provide the summary and notice by email to its employees or | ||||||
| 15 | conspicuous posting on the employer's website or intranet | ||||||
| 16 | site, if the site is regularly used by the employer to | ||||||
| 17 | communicate work-related information to employees and is able | ||||||
| 18 | to be regularly accessed by all employees, freely and without | ||||||
| 19 | interference. The notice shall be furnished by the Department. | ||||||
| 20 | (f) Every employer, during the period of employment of a | ||||||
| 21 | minor and for 3 years thereafter, shall keep on file, at the | ||||||
| 22 | place of employment, a copy of the employment certificate | ||||||
| 23 | issued for the minor. An employment certificate shall be valid | ||||||
| 24 | only for the employer for whom it was issued and a new | ||||||
| 25 | certificate shall not be issued for the employment of a minor | ||||||
| 26 | except on the presentation of a new statement of intention to | ||||||
| |||||||
| |||||||
| 1 | employ the minor. The failure of any employer to produce for | ||||||
| 2 | inspection the employment certificate for each minor in the | ||||||
| 3 | employer's establishment shall be a violation of this Act. The | ||||||
| 4 | Department may specify any other record keeping requirements | ||||||
| 5 | by rule. | ||||||
| 6 | (g) In the event of the work-related death of a minor | ||||||
| 7 | engaged in work subject to this Act, the employer shall, | ||||||
| 8 | within 24 hours, report the death to the Department and to the | ||||||
| 9 | school official who issued the minor's work certificate for | ||||||
| 10 | that employer. In the event of a work-related injury or | ||||||
| 11 | illness of a minor that requires the employer to file a report | ||||||
| 12 | with the Illinois Workers' Compensation Commission under | ||||||
| 13 | Section 6 of the Workers' Compensation Act or Section 6 of the | ||||||
| 14 | Workers' Occupational Diseases Act, the employer shall submit | ||||||
| 15 | a copy of the report to the Department and to the school | ||||||
| 16 | official who issued the minor's work certificate for that | ||||||
| 17 | employer within 72 hours of the deadline by which the employer | ||||||
| 18 | must file the report to the Illinois Workers' Compensation | ||||||
| 19 | Commission. The report shall be subject to the confidentiality | ||||||
| 20 | provisions of Section 6 of the Workers' Compensation Act or | ||||||
| 21 | Section 6 of the Workers' Occupational Diseases Act. | ||||||
| 22 | (Source: P.A. 103-721, eff. 1-1-25; revised 12-1-24.)
| ||||||
| 23 | (820 ILCS 206/55) | ||||||
| 24 | Sec. 55. Employment certificates. | ||||||
| 25 | (a) Any employer who employs, allows, or permits a minor | ||||||
| |||||||
| |||||||
| 1 | to work shall ensure that the minor holds a valid employment | ||||||
| 2 | certificate issued by a school issuing officer. | ||||||
| 3 | (b) An application for an employment certificate must be | ||||||
| 4 | submitted by the minor and the minor's parent or legal | ||||||
| 5 | guardian to the minor's school issuing officer as follows. | ||||||
| 6 | (1) The application shall be signed by the applicant's | ||||||
| 7 | parent or legal guardian. | ||||||
| 8 | (2) The application shall be submitted in person by | ||||||
| 9 | the minor desiring employment, unless the school issuing | ||||||
| 10 | officer determines that the minor may utilize a remote | ||||||
| 11 | application process. | ||||||
| 12 | (3) The minor shall be accompanied by his or her | ||||||
| 13 | parent, guardian, or custodian, whether applying in person | ||||||
| 14 | or remotely. | ||||||
| 15 | (4) The following papers shall be submitted with the | ||||||
| 16 | application: | ||||||
| 17 | (A) A statement of intention to employ signed by | ||||||
| 18 | the prospective employer, or by someone duly | ||||||
| 19 | authorized by the prospective employer, setting forth | ||||||
| 20 | the specific nature of the occupation in which the | ||||||
| 21 | prospective employer intends to employ the minor and | ||||||
| 22 | the exact hours of the day and number of hours per day | ||||||
| 23 | and days per week during which the minor shall be | ||||||
| 24 | employed. | ||||||
| 25 | (B) Evidence of age showing that the minor is of | ||||||
| 26 | the age required by this Act, which evidence shall be | ||||||
| |||||||
| |||||||
| 1 | documentary, and shall be required in the order | ||||||
| 2 | designated, as follows: | ||||||
| 3 | (i) a birth certificate; or | ||||||
| 4 | (ii) if a birth certificate is unavailable, | ||||||
| 5 | the parent or legal guardian may present other | ||||||
| 6 | reliable proof of the minor's identity and age | ||||||
| 7 | that is supported by a sworn statement explaining | ||||||
| 8 | why the birth certificate is not available. Other | ||||||
| 9 | reliable proof of the minor's identity and age | ||||||
| 10 | includes a passport, visa, or other governmental | ||||||
| 11 | documentation of the minor's identity. If the | ||||||
| 12 | student was not born in the United States, the | ||||||
| 13 | school issuing officer must accept birth | ||||||
| 14 | certificates or other reliable proof from a | ||||||
| 15 | foreign government. | ||||||
| 16 | (C) A statement on a form approved by the | ||||||
| 17 | Department and signed by the school issuing officer, | ||||||
| 18 | showing the minor's name, address, grade last | ||||||
| 19 | completed, the hours the minor's school is in session, | ||||||
| 20 | and other relevant information, as determined by the | ||||||
| 21 | school issuing officer, about the minor's school | ||||||
| 22 | schedule, and the names of the minor's parent or legal | ||||||
| 23 | guardian. If any of the information required to be on | ||||||
| 24 | the work permit changes, the issuing officer must | ||||||
| 25 | update the work permit and provide an updated copy to | ||||||
| 26 | the Department, the minor's employer, and the minor's | ||||||
| |||||||
| |||||||
| 1 | parent or legal guardian. If the minor does not have a | ||||||
| 2 | permanent home address or is otherwise eligible for | ||||||
| 3 | services under the federal McKinney-Vento Homeless | ||||||
| 4 | Assistance Act, the lack of a birth certificate or | ||||||
| 5 | permanent home address alone shall not be a barrier to | ||||||
| 6 | receiving an employment certificate. | ||||||
| 7 | (D) A statement of physical fitness signed by a | ||||||
| 8 | health care professional who has examined the minor, | ||||||
| 9 | certifying that the minor is physically fit to be | ||||||
| 10 | employed in all legal occupations or to be employed in | ||||||
| 11 | legal occupations under limitations specified, or, at | ||||||
| 12 | the discretion of the school issuing officer, the | ||||||
| 13 | minor's most recent school physical. If the statement | ||||||
| 14 | of physical fitness is limited, the employment | ||||||
| 15 | certificate issued thereon shall state clearly the | ||||||
| 16 | limitations upon its use, and shall be valid only when | ||||||
| 17 | used under the limitations so stated. In any case | ||||||
| 18 | where the health care professional deems it advisable | ||||||
| 19 | that he or she may issue a certificate of physical | ||||||
| 20 | fitness for a specified period of time, at the | ||||||
| 21 | expiration of which the person for whom it was issued | ||||||
| 22 | shall appear and be re-examined before being permitted | ||||||
| 23 | to continue work. Examinations shall be made in | ||||||
| 24 | accordance with the standards and procedures | ||||||
| 25 | prescribed by the Director, in consultation with the | ||||||
| 26 | Director of the Department of Public Health and the | ||||||
| |||||||
| |||||||
| 1 | State Superintendent of Education, and shall be | ||||||
| 2 | recorded on a form furnished by the Department. When | ||||||
| 3 | made by public health or public school physicians, the | ||||||
| 4 | examination shall be made without charge to the minor. | ||||||
| 5 | If a public health or public school health care | ||||||
| 6 | professional is not available, a statement from a | ||||||
| 7 | private health care professional who has examined the | ||||||
| 8 | minor may be accepted, provided that the examination | ||||||
| 9 | is made in accordance with the standards and | ||||||
| 10 | procedures established by the Department. For purposes | ||||||
| 11 | of this paragraph, "health care professional" means a | ||||||
| 12 | physician licensed to practice medicine in all its | ||||||
| 13 | branches, a licensed advanced practice registered | ||||||
| 14 | nurse, or a licensed physician assistant. | ||||||
| 15 | (5) The school issuing officer shall have authority to | ||||||
| 16 | verify the representations provided in the employment | ||||||
| 17 | certificate application as required by Section 55. A | ||||||
| 18 | school issuing officer shall not charge a fee for the | ||||||
| 19 | consideration of an employment certificate application. | ||||||
| 20 | (6) It shall be the duty of the school board or local | ||||||
| 21 | school authority to designate a place or places where | ||||||
| 22 | certificates shall be issued and recorded, and physical | ||||||
| 23 | examinations made without fee, and to establish and | ||||||
| 24 | maintain the necessary records and clerical services for | ||||||
| 25 | carrying out the provisions of this Act. | ||||||
| 26 | (c) Upon receipt of an application for an employment | ||||||
| |||||||
| |||||||
| 1 | certificate, a school issuing officer shall issue an | ||||||
| 2 | employment certificate only after examining and approving the | ||||||
| 3 | written application and other papers required under this | ||||||
| 4 | Section, and determining that the employment shall not be | ||||||
| 5 | detrimental to the minor's health, welfare, and education. The | ||||||
| 6 | school issuing officer shall consider any report of death, | ||||||
| 7 | injury, or illness of a minor at that workplace, received | ||||||
| 8 | under the requirements of Section 35, in the prior 2 years in | ||||||
| 9 | determining whether the employment shall be detrimental to the | ||||||
| 10 | minor's health, welfare, and education. Upon issuing an | ||||||
| 11 | employment certificate to a minor, the school issuing officer | ||||||
| 12 | shall notify the principal of the school attended by the | ||||||
| 13 | minor, and provide copies to the Department, the minor's | ||||||
| 14 | employer, and the minor's parent or legal guardian. The | ||||||
| 15 | employment certificate shall be valid for a period of one year | ||||||
| 16 | from the date of issuance, unless suspended or revoked. | ||||||
| 17 | (d) If the school issuing officer refuses to issue a | ||||||
| 18 | certificate to a minor, the school issuing officer shall send | ||||||
| 19 | to the principal of the school attended by the minor a notice | ||||||
| 20 | of the refusal, including the name and address of the minor and | ||||||
| 21 | of the minor's parent or legal guardian, and the reason for the | ||||||
| 22 | refusal to issue the certificate. | ||||||
| 23 | (e) If a minor from another state seeks to obtain an | ||||||
| 24 | Illinois employment certificate, the Department shall work | ||||||
| 25 | with the State Superintendent of Education, or his or her duly | ||||||
| 26 | authorized agents, to issue the certificate if the State | ||||||
| |||||||
| |||||||
| 1 | Superintendent of Education deems that all requirements for | ||||||
| 2 | issuance have been met. | ||||||
| 3 | (f) Upon request, the school issuing officer shall issue a | ||||||
| 4 | certificate of age to any person between 16 and 20 years of age | ||||||
| 5 | upon presentation of the same proof of age as is required for | ||||||
| 6 | the issuance of employment certificates under this Act. | ||||||
| 7 | (g) Any certificate duly issued in accordance with this | ||||||
| 8 | Act shall be prima facie evidence of the age of the minor for | ||||||
| 9 | whom it was issued in any proceeding involving the employment | ||||||
| 10 | of the minor under this Act, as to any act occurring subsequent | ||||||
| 11 | to its issuance, or until revoked. | ||||||
| 12 | (h) The Department may suspend any certificate as an | ||||||
| 13 | emergency action imperatively required for the health, safety, | ||||||
| 14 | welfare, or education of the minor if: | ||||||
| 15 | (1) the parent or legal guardian of a minor, the | ||||||
| 16 | school issuing officer, or the principal of the school | ||||||
| 17 | attended by the minor for whom an employment certificate | ||||||
| 18 | has been issued has asked for the revocation of the | ||||||
| 19 | certificate by petition to the Department in writing, | ||||||
| 20 | stating the reasons he or she believes that the employment | ||||||
| 21 | is interfering with the health, safety, welfare, or | ||||||
| 22 | education of the minor; or | ||||||
| 23 | (2) in the judgment of the Director, the employment | ||||||
| 24 | certificate was improperly issued or if the minor is | ||||||
| 25 | illegally employed. | ||||||
| 26 | If the certificate is suspended, the Department shall | ||||||
| |||||||
| |||||||
| 1 | notify the employer of the minor, the parent or guardian of the | ||||||
| 2 | minor, the minor's school principal, and the school issuing | ||||||
| 3 | officer of the suspension in writing and shall schedule an | ||||||
| 4 | administrative hearing to take place within 21 days after the | ||||||
| 5 | date of any suspension. The minor shall not thereafter be | ||||||
| 6 | employed, allowed, or permitted to work unless and until his | ||||||
| 7 | or her employment certificate has been reinstated. After the | ||||||
| 8 | hearing, an administrative law judge shall issue a final order | ||||||
| 9 | either reinstating or revoking the employment certificate. If | ||||||
| 10 | the certificate is revoked, the employer shall not thereafter | ||||||
| 11 | employ, permit, or allow the minor to work until the minor has | ||||||
| 12 | obtained a new employment certificate authorizing the minor's | ||||||
| 13 | employment by that employer. | ||||||
| 14 | (Source: P.A. 103-721, eff. 1-1-25; revised 10-21-24.)
| ||||||
| 15 | Section 1230. The Underground Sewer Employee Safety Act is | ||||||
| 16 | amended by changing Section 0.05 as follows:
| ||||||
| 17 | (820 ILCS 250/0.05) | ||||||
| 18 | Sec. 0.05. Federal regulations; operation of Act. | ||||||
| 19 | (a) Except as provided in subsection (b), Sections 1 | ||||||
| 20 | through 6 of this Act are inoperative on and after June 10, | ||||||
| 21 | 2022 (the effective date of Public Act 102-1071) this | ||||||
| 22 | amendatory Act of the 102nd General Assembly. | ||||||
| 23 | (b) If at any time the Occupational Safety and Health | ||||||
| 24 | standards at 29 CFR 1910.120 and , 29 CFR 1910.146 or the Safety | ||||||
| |||||||
| |||||||
| 1 | and Health Regulations for Construction standards 29 CFR | ||||||
| 2 | 1926.1201 through 29 CFR 1926.1213 are repealed or revoked, | ||||||
| 3 | the Director of Labor shall adopt a rule setting forth a | ||||||
| 4 | determination that this Act should be reviewed and reinstated, | ||||||
| 5 | in whole or in part, in order to protect the health and safety | ||||||
| 6 | of Illinois' workers. On the date such a rule is adopted, this | ||||||
| 7 | Act shall again become operative. | ||||||
| 8 | (Source: P.A. 102-1071, eff. 6-10-22; revised 7-24-24.)
| ||||||
| 9 | Section 1235. The Workers' Compensation Act is amended by | ||||||
| 10 | changing Section 7 as follows:
| ||||||
| 11 | (820 ILCS 305/7) | ||||||
| 12 | Sec. 7. The amount of compensation which shall be paid for | ||||||
| 13 | an accidental injury to the employee resulting in death is: | ||||||
| 14 | (a) If the employee leaves surviving a widow, widower, | ||||||
| 15 | child or children, the applicable weekly compensation rate | ||||||
| 16 | computed in accordance with subparagraph 2 of paragraph (b) of | ||||||
| 17 | Section 8, shall be payable during the life of the widow or | ||||||
| 18 | widower and if any surviving child or children shall not be | ||||||
| 19 | physically or mentally incapacitated then until the death of | ||||||
| 20 | the widow or widower or until the youngest child shall reach | ||||||
| 21 | the age of 18, whichever shall come later; provided that if | ||||||
| 22 | such child or children shall be enrolled as a full-time full | ||||||
| 23 | time student in any accredited educational institution, the | ||||||
| 24 | payments shall continue until such child has attained the age | ||||||
| |||||||
| |||||||
| 1 | of 25. In the event any surviving child or children shall be | ||||||
| 2 | physically or mentally incapacitated, the payments shall | ||||||
| 3 | continue for the duration of such incapacity. | ||||||
| 4 | The term "child" means a child whom the deceased employee | ||||||
| 5 | left surviving, including a posthumous child, a child legally | ||||||
| 6 | adopted, a child whom the deceased employee was legally | ||||||
| 7 | obligated to support or a child to whom the deceased employee | ||||||
| 8 | stood in loco parentis. The term "children" means the plural | ||||||
| 9 | of "child". | ||||||
| 10 | The term "physically or mentally incapacitated child or | ||||||
| 11 | children" means a child or children incapable of engaging in | ||||||
| 12 | regular and substantial gainful employment. | ||||||
| 13 | In the event of the remarriage of a widow or widower, where | ||||||
| 14 | the decedent did not leave surviving any child or children | ||||||
| 15 | who, at the time of such remarriage, are entitled to | ||||||
| 16 | compensation benefits under this Act, the surviving spouse | ||||||
| 17 | shall be paid a lump sum equal to 2 years compensation benefits | ||||||
| 18 | and all further rights of such widow or widower shall be | ||||||
| 19 | extinguished. | ||||||
| 20 | If the employee leaves surviving any child or children | ||||||
| 21 | under 18 years of age who at the time of death shall be | ||||||
| 22 | entitled to compensation under this paragraph (a) of this | ||||||
| 23 | Section, the weekly compensation payments herein provided for | ||||||
| 24 | such child or children shall in any event continue for a period | ||||||
| 25 | of not less than 6 years. | ||||||
| 26 | Any beneficiary entitled to compensation under this | ||||||
| |||||||
| |||||||
| 1 | paragraph (a) of this Section shall receive from the special | ||||||
| 2 | fund provided in paragraph (f) of this Section, in addition to | ||||||
| 3 | the compensation herein provided, supplemental benefits in | ||||||
| 4 | accordance with paragraph (g) of Section 8. | ||||||
| 5 | (b) If no compensation is payable under paragraph (a) of | ||||||
| 6 | this Section and the employee leaves surviving a parent or | ||||||
| 7 | parents who at the time of the accident were totally dependent | ||||||
| 8 | upon the earnings of the employee then weekly payments equal | ||||||
| 9 | to the compensation rate payable in the case where the | ||||||
| 10 | employee leaves surviving a widow or widower, shall be paid to | ||||||
| 11 | such parent or parents for the duration of their lives, and in | ||||||
| 12 | the event of the death of either, for the life of the survivor. | ||||||
| 13 | (c) If no compensation is payable under paragraph | ||||||
| 14 | paragraphs (a) or (b) of this Section and the employee leaves | ||||||
| 15 | surviving any child or children who are not entitled to | ||||||
| 16 | compensation under the foregoing paragraph (a) but who at the | ||||||
| 17 | time of the accident were nevertheless in any manner dependent | ||||||
| 18 | upon the earnings of the employee, or leaves surviving a | ||||||
| 19 | parent or parents who at the time of the accident were | ||||||
| 20 | partially dependent upon the earnings of the employee, then | ||||||
| 21 | there shall be paid to such dependent or dependents for a | ||||||
| 22 | period of 8 years weekly compensation payments at such | ||||||
| 23 | proportion of the applicable rate if the employee had left | ||||||
| 24 | surviving a widow or widower as such dependency bears to total | ||||||
| 25 | dependency. In the event of the death of any such beneficiary | ||||||
| 26 | the share of such beneficiary shall be divided equally among | ||||||
| |||||||
| |||||||
| 1 | the surviving beneficiaries and in the event of the death of | ||||||
| 2 | the last such beneficiary all the rights under this paragraph | ||||||
| 3 | shall be extinguished. | ||||||
| 4 | (d) If no compensation is payable under paragraph | ||||||
| 5 | paragraphs (a), (b), or (c) of this Section and the employee | ||||||
| 6 | leaves surviving any grandparent, grandparents, grandchild or | ||||||
| 7 | grandchildren or collateral heirs dependent upon the | ||||||
| 8 | employee's earnings to the extent of 50% or more of total | ||||||
| 9 | dependency, then there shall be paid to such dependent or | ||||||
| 10 | dependents for a period of 5 years weekly compensation | ||||||
| 11 | payments at such proportion of the applicable rate if the | ||||||
| 12 | employee had left surviving a widow or widower as such | ||||||
| 13 | dependency bears to total dependency. In the event of the | ||||||
| 14 | death of any such beneficiary the share of such beneficiary | ||||||
| 15 | shall be divided equally among the surviving beneficiaries and | ||||||
| 16 | in the event of the death of the last such beneficiary all | ||||||
| 17 | rights hereunder shall be extinguished. | ||||||
| 18 | (e) The compensation to be paid for accidental injury | ||||||
| 19 | which results in death, as provided in this Section, shall be | ||||||
| 20 | paid to the persons who form the basis for determining the | ||||||
| 21 | amount of compensation to be paid by the employer, the | ||||||
| 22 | respective shares to be in the proportion of their respective | ||||||
| 23 | dependency at the time of the accident on the earnings of the | ||||||
| 24 | deceased. The Commission or an Arbitrator thereof may, in its | ||||||
| 25 | or his discretion, order or award the payment to the parent or | ||||||
| 26 | grandparent of a child for the latter's support the amount of | ||||||
| |||||||
| |||||||
| 1 | compensation which but for such order or award would have been | ||||||
| 2 | paid to such child as its share of the compensation payable, | ||||||
| 3 | which order or award may be modified from time to time by the | ||||||
| 4 | Commission in its discretion with respect to the person to | ||||||
| 5 | whom shall be paid the amount of the order or award remaining | ||||||
| 6 | unpaid at the time of the modification. | ||||||
| 7 | The payments of compensation by the employer in accordance | ||||||
| 8 | with the order or award of the Commission discharges such | ||||||
| 9 | employer from all further obligation as to such compensation. | ||||||
| 10 | (f) The sum of $8,000 for burial expenses shall be paid by | ||||||
| 11 | the employer to the widow or widower, other dependent, next of | ||||||
| 12 | kin or to the person or persons incurring the expense of | ||||||
| 13 | burial. | ||||||
| 14 | In the event the employer failed to provide necessary | ||||||
| 15 | first aid, medical, surgical or hospital service, he shall pay | ||||||
| 16 | the cost thereof to the person or persons entitled to | ||||||
| 17 | compensation under paragraphs (a), (b), (c), or (d) of this | ||||||
| 18 | Section, or to the person or persons incurring the obligation | ||||||
| 19 | therefore, or providing the same. | ||||||
| 20 | On January 15 and July 15, 1981, and on January 15 and July | ||||||
| 21 | 15 of each year thereafter the employer shall within 60 days | ||||||
| 22 | pay a sum equal to 1/8 of 1% of all compensation payments made | ||||||
| 23 | by him after July 1, 1980, either under this Act or the | ||||||
| 24 | Workers' Occupational Diseases Act, whether by lump sum | ||||||
| 25 | settlement or weekly compensation payments, but not including | ||||||
| 26 | hospital, surgical or rehabilitation payments, made during the | ||||||
| |||||||
| |||||||
| 1 | first 6 months and during the second 6 months respectively of | ||||||
| 2 | the fiscal year next preceding the date of the payments, into a | ||||||
| 3 | special fund which shall be designated the "Second Injury | ||||||
| 4 | Fund", of which the State Treasurer is ex officio ex-officio | ||||||
| 5 | custodian, such special fund to be held and disbursed for the | ||||||
| 6 | purposes hereinafter stated in paragraphs (f) and (g) of | ||||||
| 7 | Section 8, either upon the order of the Commission or of a | ||||||
| 8 | competent court. Said special fund shall be deposited the same | ||||||
| 9 | as are State funds and any interest accruing thereon shall be | ||||||
| 10 | added thereto every 6 months. It is subject to audit the same | ||||||
| 11 | as State funds and accounts and is protected by the General | ||||||
| 12 | bond given by the State Treasurer. It is considered always | ||||||
| 13 | appropriated for the purposes of disbursements as provided in | ||||||
| 14 | paragraph (f) of Section 8, paragraph (f), of this Act, and | ||||||
| 15 | shall be paid out and disbursed as therein provided and shall | ||||||
| 16 | not at any time be appropriated or diverted to any other use or | ||||||
| 17 | purpose. | ||||||
| 18 | On January 15, 1991, the employer shall further pay a sum | ||||||
| 19 | equal to one half of 1% of all compensation payments made by | ||||||
| 20 | him from January 1, 1990 through June 30, 1990 either under | ||||||
| 21 | this Act or under the Workers' Occupational Diseases Act, | ||||||
| 22 | whether by lump sum settlement or weekly compensation | ||||||
| 23 | payments, but not including hospital, surgical or | ||||||
| 24 | rehabilitation payments, into an additional Special Fund which | ||||||
| 25 | shall be designated as the "Rate Adjustment Fund". On March | ||||||
| 26 | 15, 1991, the employer shall pay into the Rate Adjustment Fund | ||||||
| |||||||
| |||||||
| 1 | a sum equal to one half of 1% of all such compensation payments | ||||||
| 2 | made from July 1, 1990 through December 31, 1990. Within 60 | ||||||
| 3 | days after July 15, 1991, the employer shall pay into the Rate | ||||||
| 4 | Adjustment Fund a sum equal to one half of 1% of all such | ||||||
| 5 | compensation payments made from January 1, 1991 through June | ||||||
| 6 | 30, 1991. Within 60 days after January 15 of 1992 and each | ||||||
| 7 | subsequent year through 1996, the employer shall pay into the | ||||||
| 8 | Rate Adjustment Fund a sum equal to one half of 1% of all such | ||||||
| 9 | compensation payments made in the last 6 months of the | ||||||
| 10 | preceding calendar year. Within 60 days after July 15 of 1992 | ||||||
| 11 | and each subsequent year through 1995, the employer shall pay | ||||||
| 12 | into the Rate Adjustment Fund a sum equal to one half of 1% of | ||||||
| 13 | all such compensation payments made in the first 6 months of | ||||||
| 14 | the same calendar year. Within 60 days after January 15 of 1997 | ||||||
| 15 | and each subsequent year through 2005, the employer shall pay | ||||||
| 16 | into the Rate Adjustment Fund a sum equal to three-fourths of | ||||||
| 17 | 1% of all such compensation payments made in the last 6 months | ||||||
| 18 | of the preceding calendar year. Within 60 days after July 15 of | ||||||
| 19 | 1996 and each subsequent year through 2004, the employer shall | ||||||
| 20 | pay into the Rate Adjustment Fund a sum equal to three-fourths | ||||||
| 21 | of 1% of all such compensation payments made in the first 6 | ||||||
| 22 | months of the same calendar year. Within 60 days after July 15 | ||||||
| 23 | of 2005, the employer shall pay into the Rate Adjustment Fund a | ||||||
| 24 | sum equal to 1% of such compensation payments made in the first | ||||||
| 25 | 6 months of the same calendar year. Within 60 days after | ||||||
| 26 | January 15 of 2006 and each subsequent year through 2024, the | ||||||
| |||||||
| |||||||
| 1 | employer shall pay into the Rate Adjustment Fund a sum equal to | ||||||
| 2 | 1.25% of such compensation payments made in the last 6 months | ||||||
| 3 | of the preceding calendar year. Within 60 days after July 15 of | ||||||
| 4 | 2006 and each subsequent year through 2023, the employer shall | ||||||
| 5 | pay into the Rate Adjustment Fund a sum equal to 1.25% of such | ||||||
| 6 | compensation payments made in the first 6 months of the same | ||||||
| 7 | calendar year. Within 60 days after July 15 of 2024 and each | ||||||
| 8 | subsequent year thereafter, the employer shall pay into the | ||||||
| 9 | Rate Adjustment Fund a sum equal to 1.375% of such | ||||||
| 10 | compensation payments made in the first 6 months of the same | ||||||
| 11 | calendar year. Within 60 days after January 15 of 2025 and each | ||||||
| 12 | subsequent year thereafter, the employer shall pay into the | ||||||
| 13 | Rate Adjustment Fund a sum equal to 1.375% of such | ||||||
| 14 | compensation payments made in the last 6 months of the | ||||||
| 15 | preceding calendar year. The administrative costs of | ||||||
| 16 | collecting assessments from employers for the Rate Adjustment | ||||||
| 17 | Fund shall be paid from the Rate Adjustment Fund. The cost of | ||||||
| 18 | an actuarial audit of the Fund shall be paid from the Rate | ||||||
| 19 | Adjustment Fund. The State Treasurer is ex officio custodian | ||||||
| 20 | of such Special Fund and the same shall be held and disbursed | ||||||
| 21 | for the purposes hereinafter stated in paragraphs (f) and (g) | ||||||
| 22 | of Section 8 upon the order of the Commission or of a competent | ||||||
| 23 | court. The Rate Adjustment Fund shall be deposited the same as | ||||||
| 24 | are State funds and any interest accruing thereon shall be | ||||||
| 25 | added thereto every 6 months. It shall be subject to audit the | ||||||
| 26 | same as State funds and accounts and shall be protected by the | ||||||
| |||||||
| |||||||
| 1 | general bond given by the State Treasurer. It is considered | ||||||
| 2 | always appropriated for the purposes of disbursements as | ||||||
| 3 | provided in paragraphs (f) and (g) of Section 8 of this Act and | ||||||
| 4 | shall be paid out and disbursed as therein provided and shall | ||||||
| 5 | not at any time be appropriated or diverted to any other use or | ||||||
| 6 | purpose. Within 5 days after December 7, 1990 (the effective | ||||||
| 7 | date of Public Act 86-1448) this amendatory Act of 1990, the | ||||||
| 8 | Comptroller and the State Treasurer shall transfer $1,000,000 | ||||||
| 9 | from the General Revenue Fund to the Rate Adjustment Fund. By | ||||||
| 10 | February 15, 1991, the Comptroller and the State Treasurer | ||||||
| 11 | shall transfer $1,000,000 from the Rate Adjustment Fund to the | ||||||
| 12 | General Revenue Fund. The Comptroller and Treasurer are | ||||||
| 13 | authorized to make transfers at the request of the Chairman up | ||||||
| 14 | to a total of $19,000,000 from the Second Injury Fund, the | ||||||
| 15 | General Revenue Fund, and the Workers' Compensation Benefit | ||||||
| 16 | Trust Fund to the Rate Adjustment Fund to the extent that there | ||||||
| 17 | is insufficient money in the Rate Adjustment Fund to pay | ||||||
| 18 | claims and obligations. Amounts may be transferred from the | ||||||
| 19 | General Revenue Fund only if the funds in the Second Injury | ||||||
| 20 | Fund or the Workers' Compensation Benefit Trust Fund are | ||||||
| 21 | insufficient to pay claims and obligations of the Rate | ||||||
| 22 | Adjustment Fund. All amounts transferred from the Second | ||||||
| 23 | Injury Fund, the General Revenue Fund, and the Workers' | ||||||
| 24 | Compensation Benefit Trust Fund shall be repaid from the Rate | ||||||
| 25 | Adjustment Fund within 270 days of a transfer, together with | ||||||
| 26 | interest at the rate earned by moneys on deposit in the Fund or | ||||||
| |||||||
| |||||||
| 1 | Funds from which the moneys were transferred. | ||||||
| 2 | Upon a finding by the Commission, after reasonable notice | ||||||
| 3 | and hearing, that any employer has willfully and knowingly | ||||||
| 4 | failed to pay the proper amounts into the Second Injury Fund or | ||||||
| 5 | the Rate Adjustment Fund required by this Section or if such | ||||||
| 6 | payments are not made within the time periods prescribed by | ||||||
| 7 | this Section, the employer shall, in addition to such | ||||||
| 8 | payments, pay a penalty of 20% of the amount required to be | ||||||
| 9 | paid or $2,500, whichever is greater, for each year or part | ||||||
| 10 | thereof of such failure to pay. This penalty shall only apply | ||||||
| 11 | to obligations of an employer to the Second Injury Fund or the | ||||||
| 12 | Rate Adjustment Fund accruing after December 18, 1989 (the | ||||||
| 13 | effective date of Public Act 86-998) this amendatory Act of | ||||||
| 14 | 1989. All or part of such a penalty may be waived by the | ||||||
| 15 | Commission for good cause shown. | ||||||
| 16 | Any obligations of an employer to the Second Injury Fund | ||||||
| 17 | and Rate Adjustment Fund accruing prior to December 18, 1989 | ||||||
| 18 | (the effective date of Public Act 86-998) this amendatory Act | ||||||
| 19 | of 1989 shall be paid in full by such employer within 5 years | ||||||
| 20 | of December 18, 1989 (the effective date of Public Act 86-998) | ||||||
| 21 | this amendatory Act of 1989, with at least one-fifth of such | ||||||
| 22 | obligation to be paid during each year following December 18, | ||||||
| 23 | 1989 (the effective date of Public Act 86-998) this amendatory | ||||||
| 24 | Act of 1989. If the Commission finds, following reasonable | ||||||
| 25 | notice and hearing, that an employer has failed to make timely | ||||||
| 26 | payment of any obligation accruing under the preceding | ||||||
| |||||||
| |||||||
| 1 | sentence, the employer shall, in addition to all other | ||||||
| 2 | payments required by this Section, be liable for a penalty | ||||||
| 3 | equal to 20% of the overdue obligation or $2,500, whichever is | ||||||
| 4 | greater, for each year or part thereof that obligation is | ||||||
| 5 | overdue. All or part of such a penalty may be waived by the | ||||||
| 6 | Commission for good cause shown. | ||||||
| 7 | The Chairman of the Illinois Workers' Compensation | ||||||
| 8 | Commission shall, annually, furnish to the Director of the | ||||||
| 9 | Department of Insurance a list of the amounts paid into the | ||||||
| 10 | Second Injury Fund and the Rate Adjustment Fund by each | ||||||
| 11 | insurance company on behalf of their insured employers. The | ||||||
| 12 | Director shall verify to the Chairman that the amounts paid by | ||||||
| 13 | each insurance company are accurate as best as the Director | ||||||
| 14 | can determine from the records available to the Director. The | ||||||
| 15 | Chairman shall verify that the amounts paid by each | ||||||
| 16 | self-insurer are accurate as best as the Chairman can | ||||||
| 17 | determine from records available to the Chairman. The Chairman | ||||||
| 18 | may require each self-insurer to provide information | ||||||
| 19 | concerning the total compensation payments made upon which | ||||||
| 20 | contributions to the Second Injury Fund and the Rate | ||||||
| 21 | Adjustment Fund are predicated and any additional information | ||||||
| 22 | establishing that such payments have been made into these | ||||||
| 23 | funds. Any deficiencies in payments noted by the Director or | ||||||
| 24 | Chairman shall be subject to the penalty provisions of this | ||||||
| 25 | Act. | ||||||
| 26 | The State Treasurer, or his duly authorized | ||||||
| |||||||
| |||||||
| 1 | representative, shall be named as a party to all proceedings | ||||||
| 2 | in all cases involving claim for the loss of, or the permanent | ||||||
| 3 | and complete loss of the use of one eye, one foot, one leg, one | ||||||
| 4 | arm or one hand. | ||||||
| 5 | The State Treasurer or his duly authorized agent shall | ||||||
| 6 | have the same rights as any other party to the proceeding, | ||||||
| 7 | including the right to petition for review of any award. The | ||||||
| 8 | reasonable expenses of litigation, such as medical | ||||||
| 9 | examinations, testimony, and transcript of evidence, incurred | ||||||
| 10 | by the State Treasurer or his duly authorized representative, | ||||||
| 11 | shall be borne by the Second Injury Fund. | ||||||
| 12 | If the award is not paid within 30 days after the date the | ||||||
| 13 | award has become final, the Commission shall proceed to take | ||||||
| 14 | judgment thereon in its own name as is provided for other | ||||||
| 15 | awards by paragraph (g) of Section 19 of this Act and take the | ||||||
| 16 | necessary steps to collect the award. | ||||||
| 17 | Any person, corporation or organization who has paid or | ||||||
| 18 | become liable for the payment of burial expenses of the | ||||||
| 19 | deceased employee may in his or its own name institute | ||||||
| 20 | proceedings before the Commission for the collection thereof. | ||||||
| 21 | For the purpose of administration, receipts and | ||||||
| 22 | disbursements, the Special Fund provided for in paragraph (f) | ||||||
| 23 | of this Section shall be administered jointly with the Special | ||||||
| 24 | Fund provided for in paragraph (f) of Section 7, paragraph (f) | ||||||
| 25 | of the Workers' Occupational Diseases Act. | ||||||
| 26 | (g) All compensation, except for burial expenses provided | ||||||
| |||||||
| |||||||
| 1 | in this Section to be paid in case accident results in death, | ||||||
| 2 | shall be paid in installments equal to the percentage of the | ||||||
| 3 | average earnings as provided for in paragraph (b) of Section | ||||||
| 4 | 8, paragraph (b) of this Act, at the same intervals at which | ||||||
| 5 | the wages or earnings of the employees were paid. If this is | ||||||
| 6 | not feasible, then the installments shall be paid weekly. Such | ||||||
| 7 | compensation may be paid in a lump sum upon petition as | ||||||
| 8 | provided in Section 9 of this Act. However, in addition to the | ||||||
| 9 | benefits provided by Section 9 of this Act where compensation | ||||||
| 10 | for death is payable to the deceased's widow, widower or to the | ||||||
| 11 | deceased's widow, widower and one or more children, and where | ||||||
| 12 | a partial lump sum is applied for by such beneficiary or | ||||||
| 13 | beneficiaries within 18 months after the deceased's death, the | ||||||
| 14 | Commission may, in its discretion, grant a partial lump sum of | ||||||
| 15 | not to exceed 100 weeks of the compensation capitalized at | ||||||
| 16 | their present value upon the basis of interest calculated at | ||||||
| 17 | 3% per annum with annual rests, upon a showing that such | ||||||
| 18 | partial lump sum is for the best interest of such beneficiary | ||||||
| 19 | or beneficiaries. | ||||||
| 20 | (h) In case the injured employee is under 16 years of age | ||||||
| 21 | at the time of the accident and is illegally employed, the | ||||||
| 22 | amount of compensation payable under paragraphs (a), (b), (c), | ||||||
| 23 | (d), and (f) of this Section shall be increased 50%. | ||||||
| 24 | Nothing herein contained repeals or amends the provisions | ||||||
| 25 | of the Child Labor Law of 2024 relating to the employment of | ||||||
| 26 | minors under the age of 16 years. | ||||||
| |||||||
| |||||||
| 1 | However, where an employer has on file an employment | ||||||
| 2 | certificate issued pursuant to the Child Labor Law of 2024 or | ||||||
| 3 | work permit issued pursuant to the Federal Fair Labor | ||||||
| 4 | Standards Act, as amended, or a birth certificate properly and | ||||||
| 5 | duly issued, such certificate, permit or birth certificate is | ||||||
| 6 | conclusive evidence as to the age of the injured minor | ||||||
| 7 | employee for the purposes of this Section only. | ||||||
| 8 | (i) Whenever the dependents of a deceased employee are | ||||||
| 9 | noncitizens not residing in the United States, Mexico or | ||||||
| 10 | Canada, the amount of compensation payable is limited to the | ||||||
| 11 | beneficiaries described in paragraphs (a), (b), and (c) of | ||||||
| 12 | this Section and is 50% of the compensation provided in | ||||||
| 13 | paragraphs (a), (b), and (c) of this Section, except as | ||||||
| 14 | otherwise provided by treaty. | ||||||
| 15 | In a case where any of the persons who would be entitled to | ||||||
| 16 | compensation is living at any place outside of the United | ||||||
| 17 | States, then payment shall be made to the personal | ||||||
| 18 | representative of the deceased employee. The distribution by | ||||||
| 19 | such personal representative to the persons entitled shall be | ||||||
| 20 | made to such persons and in such manner as the Commission | ||||||
| 21 | orders. | ||||||
| 22 | (Source: P.A. 102-1030, eff. 5-27-22; 103-590, eff. 6-5-24; | ||||||
| 23 | 103-721, eff. 1-1-25; revised 10-10-24.)
| ||||||
| 24 | Section 9995. No acceleration or delay. Where this Act | ||||||
| 25 | makes changes in a statute that is represented in this Act by | ||||||
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| 1 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | other Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | Section 9996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | revive or extend any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Section 9999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||